221. Airgram A-3078 From the Department of State to All Diplomatic and Consular Posts1 2

SUBJECT:

  • Amendment of Single Convention On Narcotic Drugs

The Secretary of State issued on March 27 a statement regarding the adoption by the UN Conference by an overwhelming vote and with no opposition of the amendments to strengthen the 1961 Single Convention on Narcotic Drugs.

A copy of his statement is attached. In addition, a fuller statement containing background information regarding the amendments is provided.

Rogers
[Page 2]

Attachment 2

BACKGROUND INFORMATION

United Nations Conference to Consider Amendments to The Single Convention on Narcotic Drugs, 1961 Geneva—March 6 to 25, 1972

President Nixon has repeatedly stressed the importance of more effective international action against illicit drug traffic as an indispensable counterpart to the greatly increased efforts we are putting into the fight against drug abuse here at home. Strengthening the 1961 Single Convention on Narcotic Drugs has been one of the President’s important objectives in the international area.*

The Single Convention

The Single Convention on Narcotic Drugs, 1961 is the basic multilateral treaty governing international control of narcotic drugs, including opium, heroin, and coca. It was adopted in New York on March 30, 1961 to consolidate earlier treaties on this subject. It entered into force for adhering states on December 13, 1964. There are already ninety parties (see attached list), and additional countries are in the process of becoming parties.

For the United States, the Senate gave advice and consent to accession on May 8, 1967; formal accession was communicated to the U.N. Secretary General on May 25, 1967; and the Convention entered into force for the United States on June 24, 1967.

Plenipotentiary Conference

At the initiative of the United States, the U.N. Economic and Social Council on May 20, 1971 called for a plenipotentiary conference to consider all amendments proposed to the Single Convention. Eligible to participate were parties to the Single [Page 3] Convention and members of the UN and UN specialized agencies. In all there were ninety-seven participants at the conference, including three observer countries. The United States Delegation was headed by Ambassador Nelson G. Gross, the Secretary of State’s Senior Adviser and Coordinator for International Narcotics Matters.

The United States initiated the amendment process in March of 1971 when Ambassador George Bush formally presented a group of proposed amendments to the UN Secretary General. Additional amendments were proposed in October 1971 by France, Peru and Sweden.

As a result of extensive consultations between the United States and many other interested countries in all regions of the world, a set of revised proposals was introduced by nineteen cosponsors1 shortly before the Conference convened. An additional eleven countries2 became cosponsors during the Conference.

Conference Achievements

The Conference voted 71 in favor, none against, with 12 abstentions to adopt an amending protocol which is open to signature by countries which have either signed or become parties to the Single Convention. The Protocol will enter into force for adhering countries when forty have accepted it. The most noteworthy improvements embodied in the amending protocol are:

1.
Assignment to the International Narcotics Control Board of new responsibilities for attacking illicit traffic in narcotic drugs. Heretofore the Board’s authority has been concentrated primarily on the licit cultivation, production, manufacture, trade and use of narcotic drugs; the Board will now be explicitly charged to join the fight against illicit trafficking.
2.
The Board’s powers will be substantially increased to carry out this new responsibility.
  • --It will have at its disposal information from a wider range of sources, including the UN and its Specialized Agencies and certain inter-governmental and non-governmental organizations having direct competence in the drug field;
  • --It will be reorganized and strengthened by enlarging its membership to make it more representative, by assuring continuity through staggered terms, and by strengthening the independence of its administrative Staff;
  • --It will be authorized to recommend to competent UN organs and Specialized Agencies that technical and financial assistance be provided to governments in support of their efforts to carry out their obligations under the Single Convention;
  • --If it has reason to believe that the aims of the Single Convention are seriously endangered by the failure of a country to carry out its obligations or if there is evidence that a country has become or is in danger of becoming an important center of illicit cultivation, production, manufacture or consumption of narcotics, the Board will be able to ask the government in question for explanations, or consultations, or take the initiative in proposing an on-the-spot study of the situation designed to develop remedial measures where those appear necessary;
  • --If a country fails to provide satisfactory explanations or to adopt remedial measures when requested to do so, or if the Board believes a serious Situation exists which requires cooperative remedial action, it may call this to the attention of the parties to the Single Convention, the UN Economic and Social Council and the UN Commission on Narcotic Drugs, with appropriate recommendations. This process could also include consideration of the matter by the UN General Assembly. It is significant that for the first time parties to an international drug treaty consider the drug situation to be so serious and so universal that it may merit the attention of the most representative UN political organ. Importantly, the Board is now required to make a reference to ECOSOC if the aims of the Convention are endangered and the matter has not been satisfactorily resolved; and
  • --If in any country producing licit opium there is evidence of diversion into illicit traffic, the Board may, 90 days after notifying the government concerned, require that country to reduce its production in the following year.
3.

The new amendments would apply to narcotics offenses the same kind of improvements in the area of extradition that have recently been accepted in multilateral conventions on air hijacking and other offenses against civil aviation.

Our efforts to obtain extradition of illicit traffickers from foreign countries have been hampered on occasion because many of our older extradition agreements do not cover narcotic offenses or are limited to acts which take place within our territory. We have been negotiating new agreements as rapidly as possible to close these gaps, but this is a detailed and time consuming process. The new extradition provisions in the Single Convention will have the effect of including the full range of modern narcotics offenses in existing extradition agreements between the United States and other countries ratifying the amendments.

4.
All parties to the Single Convention will be committed to give special attention to the prevention of drug abuse, to the treatment, education, rehabilitation and social reintegration of persons affected by drugs. Consistent with this is the provision for making available to abusers of narcotic drugs, either as an alternative to conviction or punishment or in addition to punishment, measures of treatment, education, after-care, rehabilitation and social reintegration.

The amendments which the UN Conference has approved will make the Single Convention more responsive to the current world narcotics situation. They will promote more effective international cooperation in the global effort to combat drug abuse. Their adoption by an overwhelming majority should inspire governments to proceed promptly with ratification of the amending protocol so that these major improvements will be in full force at an early date.

Drug abuse has now reached epidemic proportions in many areas of the world. It is a disease which is no respecter [Page 6] of national frontiers. Its eradication will not only require determination, persistent attention and the investment of adequate resources by national governments. A successful campaign to end drug abuse will also require prompt, cooperative action on the part of governments in a collective attack on the problem. An important new step has been taken at this Conference.

[Page 7]

Amending Protocol of Geneva Has Been Signed Subject to Ratification by Following Countries

Argentina

Belgium

Brazil

Chile

Costa Rica

Cyprus

Denmark

Ecuador

Egypt

Federal Republic of Germany

France

Ghana

Greece

Guatemala

Haiti

Holy See

Indonesia

Iran

Israel

Italy

Ivory Coast

Jordan

Cambodia

Liberia

Liechtenstein

Luxembourg

Madagascar

Monaco

Nicaragua

Norway

Philippines

South Africa

Spain

Sweden

Togo

Turkey

United Kingdom

United States

Venezuela

Viet-Nam

Yugoslavia

[Page 8]

Parties to the Single Convention on Narcotic Drugs, 1961

Afghanistan

Algeria

Argentina

Australia

Barbados

Belgium

Botswana

Brazil

Bulgaria

Burma

Byelorussian S.S.R

Cameroon

Canada

Ceylon

Chad

Chile

China

Costa Rica

Cuba

Cyprus

Czechoslovakia

Dahomey

Denmark

Ecuador

Egypt

Ethiopia

Fiji

Finland

France

Gabon

Gambia

Ghana

Guatemala

Guinea

Guyana

Holy See

Hungary

India

Iraq

Israel

Ivory Coast

Jamaica

Japan

Jordan

Kenya

Korea

Kuwait

Lebanon

Lesotho

Malawi

Malaysia

Mali

Mauritius

Monaco

Morocco

Nauru

Netherlands

New Zealand

Niger

Nigeria

Norway

Pakistan

Panama

Peru

Philippines

Poland

Senegal

South Africa

Spain

Swaziland

Sweden

Switzerland

Syria

Thailand

Togo

Tonga

Trinidad and Tobago

Tunisia

Turkey

Ukrainian S.S.R.

U.S.S.R.

United Kingdom

United States

Upper Volta

Venezuela

Viet-Nam

Yemen (Aden)

Yugoslavia

Zambia

  1. Source: National Archives, RG 59, Central Files 1970-73, SOC 11-5. Unclassified. Drafted by Wellman on March 27 and cleared by Gross. The press statement was attached but not published.
  2. The airgram transmitted Rogers’ statement on the adoption of amendments to the UN 1961 Single Conventionon Narcotic Drugs plus additional background information.
  3. President’s Report to Congress on “U.S. Foreign Policy for the 1970’s-Building for Peace,” February 25, 1971.

    President’s Special Message to Congress on Drug Abuse, June 17, 1971.

    President’s Report to Congress on “U.S. Foreign Policy for the 1970’s-The Emerging Structure of Peace,” February 9, 1972.

  4. Argentina, Costa Rica, Cyprus, Denmark, Federal Republic of Germany, Finland, France, Ghana, Greece, Haiti, Iran, Italy, Laos, Norway, Panama, Sweden, the United Kingdom, the United States and Uruguay.
  5. Brazil, Cambodia, Colombia, El Salvador, Guatemala, Indonesia, Ireland, Nicaragua, Pakistan, Thailand, and Venezuela.