2) International drug treaties: Chapter 1

PROTOCOL

AMENDING THE

AGREEMENTS, CONVENTIONS AND

PROTOCOLS ON NARCOTICS

CONCLUDED AT THE HAGUE ON JANUARY 23, 1912,

IN GENEVA ON FEBRUARY 11, 1925 AND FEBRUARY 9, 1925 AND JULY 13, 1931,

IN BANGKOK ON NOVEMBER 27, 1931 AND IN GENEVA ON JUNE 26, 1936

The 1946 Protocol: An Essential Reform for Narcotics Regulation

The Protocol amending the Agreements, Conventions and Protocols on Narcotic Drugs, signed at Lake Success, New York, on 11 December 1946, marks a major turning point in the international regulation of controlled substances. This text is an essential pillar in the evolution of international legislation on narcotic drugs, resulting from a need to modernise the old conventions in light of the geopolitical and administrative changes of the time.

Historical Background and Significance

In the early 20th century, the international community began to address issues of drug control to counter growing abuse. Early conventions, such as those of The Hague in 1912 and Geneva in 1925, established a basis for regulation, but a shift to a more stable administrative framework became necessary. The dissolution of the League of Nations in 1946 left a void that the United Nations (UN) had to fill to ensure the continuity of international efforts against drugs.

The Objectives of the Protocol

The 1946 Protocol aimed to modernize and strengthen the regulations established by previous conventions. It involved repealing and replacing certain provisions of the previous agreements, while incorporating new procedures adapted to the post-war global context. The Protocol primarily sought to transfer responsibilities for the regulation of narcotics from the League of Nations to the UN and its specialized agencies, such as the World Health Organization (WHO).

Main Provisions and Amendments

1. Transfer of Responsibilities: The Protocol transferred responsibilities from the League of Nations to the UN Secretary-General. This included the supervision of the conventions on narcotic drugs and the implementation of amendments necessary to ensure their effective implementation.

2. Revisions of the Conventions: Several important conventions have been amended

• Geneva Agreement of 1925 : References to the Secretary-General of the League of Nations have been replaced by those of the Secretary-General of the United Nations.

• 1925 Convention on Dangerous Drugs : Amendments were made to allow for better regulation of preparations containing narcotics and to extend controls to other potentially abusive substances.

• 1931 Convention for the Limitation of the Manufacture of Narcotic Drugs : The articles have been updated to reflect the role of the UN Economic and Social Council instead of the League of Nations Council.

3. Ratification and Accession Procedures The Protocol established clear procedures for ratification and accession by States. Amendments entered into force when a majority of the parties to the original conventions had ratified the Protocol. This process was intended to ensure a smooth transition to the new regulatory framework.

Impact and Repercussions

The 1946 Protocol played a crucial role in harmonizing international efforts to control narcotics. By transferring responsibilities to the UN, it ensured continuity of regulations while adapting legal instruments to contemporary realities. The creation of more robust mechanisms for monitoring and implementation strengthened the effectiveness of international conventions.

The amendments to the conventions have enabled better management of controlled substances and facilitated a more rapid response to new threats. By aligning international regulations with the administrative and technical capacities of the UN, the Protocol has contributed to the establishment of a more coherent and responsive global system.

Certificate:

I certify that the attached document is a true copy of the Chinese, English, French, Russian and Spanish texts of the Protocol amending the Agreements, Conventions and Protocols on Narcotic Drugs concluded at The Hague on 23 January 1912, at Geneva on 11 and 19 February 1925 and on 13 July 1931, at Bangkok on 27 November 1931 and at Geneva on 26 June 1936, done at Lake Success, New York, on 11 December 1946, the original of which is deposited with the Secretary-General of the United Nations.
Head of the Treaties Section,
Office of Legal Affairs

Signed : Palitha T. B. Kohona
United Nations New York, July 2005

Conclusion

The Amending Protocol, while purporting to modernize international drug regulations, appears in reality to perpetuate deeply rooted racist dynamics and unjust practices. By maintaining severe restrictions on cannabis, it continues to criminalize behaviors that, far from harming society, could contribute to significant advances in public health, the economy and the environment.

Current laws are often based on prejudices and stereotypes, rather than scientific evidence and human considerations. They reflect a colonial legacy and discriminatory attitudes, aimed at controlling a market that, if regulated in a more equitable and informed manner, could offer solutions to many global challenges, such as reducing dependence on synthetic chemicals, promoting sustainable agriculture, and even combating climate change through the use of cannabis in eco-friendly products.

Cannabis has enormous potential to improve lives, generate significant economic revenue, and provide alternative medical treatments. Yet current regulations stifle this opportunity by continuing to enforce outdated and harmful policies. The persistence of these laws not only deprives individuals of the potential benefits of cannabis, but also contributes to systematic inequality and discrimination.
It is imperative that these regulations be reevaluated in light of modern science and human realities. A more balanced approach, grounded in social justice and scientific truth, could transform the cannabis market into an engine for global progress, while ending the racial and economic injustices perpetuated by current policies.

In conclusion, the Protocol Amendment represents not only a continuation of racist policies, but also a missed opportunity to unlock the potential of cannabis for the good of humanity. Urgent and thoughtful reform is needed to move society towards fairer and more beneficial regulation for all..


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