4) International drug treaties: Chapter 3

Agreement on the Suppression of the Manufacture, Internal Trade and Use of Prepared Opium (February 11, 1925)

Background and Objectives

The Agreement for the Suppression of the Manufacture of, Internal Traffic in, and Use of Prepared Opium was adopted on 11 February 1925 at the First Opium Conference of the League of Nations, signed in Geneva. The agreement was signed by the British Empire (with India), China, France, Japan, the Netherlands, Portugal and Siam (now Thailand). It aimed to strengthen opium suppression measures, particularly in response to the rise of smuggling and the challenges posed by the illicit manufacture and distribution of the substance.

Official Texts

The official texts of the Agreement are available in English and French. The Agreement and its Protocol were registered with the Secretariat of the League of Nations on 28 July 1926, the date on which they entered into force.

Main Provisions

• Article I : The signatory parties agree that the manufacture, importation, sale and distribution of opium shall be under state monopoly, with specific restrictions on retail sale and distribution, which shall be supervised by government licenses.
• Article II : The sale of opium to minors is prohibited, and the signatories undertake to prevent the spread of the habit of opium smoking among minors.
• Article III : Minors are not allowed to enter opium dens.
• Article IV : Signatories must limit the number of retail stores and smoke shops.
• Article V : The purchase and sale of "dross" (opium debris) is prohibited, unless sold to the monopoly.
• Article VI : The export of raw or prepared opium is prohibited outside territories where import is permitted. Transit and transshipment of raw opium are also prohibited without an import certificate.
• Article VII : The signatories must combat the use of opium through education and the distribution of pamphlets.
• Article VIII : Signatories shall assist each other in their efforts to eliminate smuggling through direct exchanges of information.
• Article IX : Signatories should consider legislative measures to punish illegal transactions carried out by foreign residents.
• Article X : Signatories are required to provide information on the number of opium smokers to the Secretary-General of the League of Nations.
• Article XI : The agreement does not cover opium for medical and scientific purposes.
• Article XII : The signatories undertake to periodically review the implementation of the agreement, with the first meeting scheduled for no later than 1929.
• Article XIII : The agreement applies only to the Far Eastern possessions and territories, with options to exclude certain protected or protectorate territories.
• Article XIV : The agreement will be ratified and enter into force after ratification by two powers, with an entry into force date 90 days after receipt of the second ratification.
• Article XV : A denunciation of the Agreement shall be notified to the Secretary-General of the League of Nations and shall take effect one year after the notification.

Protocol (Adopted at the Second Opium Conference)

The Protocol was designed to strengthen the 1925 agreement and ensure that the commitments made were implemented. Here are the main provisions::

• Article I : The provisions of the agreement reinforce the obligations undertaken by the signatory States under Article VI of the 1912 Hague Convention.
• Article II : Producing countries shall establish effective control over the production, distribution and export of raw opium to prevent illicit trade. Signatories shall strengthen their measures to reduce consumption of prepared opium within a maximum period of fifteen years.
• Article III : A commission appointed by the Council of the League of Nations will be responsible for verifying the execution of the measures taken by the producer countries.
• Article IV : If a State discovers that the measures taken by the producer countries are no longer effective, it may report the facts to the Council of the League of Nations. If these facts are confirmed, the States concerned may denounce the Protocol.

• Article V
  In the year preceding the expiration of the period of fifteen years provided for in Article II, the States signatory to this Protocol, meeting in special conference, shall examine the measures to be taken with regard to inveterate poisoners whose pathological condition has been established by the medical authorities of the country concerned.
• Article VI
  The States signatory to the present Protocol will co-ordinate their efforts to achieve the complete and definitive suppression of the use of prepared opium. In order to attain this aim as soon as possible, the same States, recognizing the difficulties which certain Powers may encounter in the present circumstances in ensuring effective control of the production, distribution and export of raw opium, urgently appeal to the countries which cultivate the poppy to establish among all the States concerned a confident and active collaboration which will make it possible to put an end to the illicit traffic.
• Article VII
  This Protocol shall enter into force for each of the signatory States at the same time as the Agreement on the Use of Prepared Opium signed on today's date..
• Article VIII
  Any State represented at the conference at which this Protocol was drawn up may accede to it at any time after its entry into force..

Done at Geneva, this eleventh day of February, one thousand nine hundred and twenty-five..

Impact on Thailand

Siam, now Thailand, was a signatory to this agreement and was affected by the opium suppression measures. The provisions had an impact on Thailand's policy on opium control and regulation. Thailand had to implement policies to limit opium production and consumption in the country, in line with international commitments.

Documents and Repercussions

The official texts of the Agreement and Protocol are available in the League of Nations archives. They played a crucial role in the international regulation of opium and contributed to significant reforms in the opium policies of the signatory countries.
This legal framework was fundamental in guiding international drug control policies and laid the foundation for future efforts to combat the illegal trade in narcotic substances.