ملحق

الاتفاقية الوحيدة للمخدرات، الأمم المتحدة، 1961

 

FINAL ACT OF THE UNITED NATIONS CONFERENCE
FOR THE ADOPTION OF A SINGLE CONVENTION
ON NARCOTIC DRUGS

1. The Economic and Social Council of the United Nations, by resolution 689 J (XXVI) of 28 July 1958, decided to convene in accordance with Article 62, paragraph 4, of the Charter of the United Nations, and with the provisions of General Assembly resolution 366 (IV) of 3 December 1949, a plenipotentiary conference for the adoption of a single convention on narcotic drugs to replace by a single instrument the existing multilateral treaties in the field, to reduce the number of international treaty organs exclusively concerned with control of narcotic drugs, and to make provision for the control of the production of raw materials of narcotic drugs.
2. The United Nations Conference for the Adoption of a Single Convention on Narcotic Drugs met at United Nations Headquarters from 24 January to 25 March 1961.
3. The following seventy-three States were represented by representatives at the Conference:

 

5. The following specialized agency was represented at the Conference:

Food and Agriculture Organization of the United Nations;
International Civil Aviation Organization;
International Labour Organisation;
World Health Organization.

6. The following international bodies were represented at the Conference:

Permanent Central Opium Board;
Drug Supervisory Body.

International Conference of Catholic Charities;
International Criminal Police Organization;
International Federation of Women Lawyers.

 

 

Chairman: The President of the Conference

Ad Hoc Committee on articles 2 and 3 of the Third Draft (Scope of the Convention and Method of Bringing Additional Substances under Control)

Chairman: Mr. A. Tabibi (Afghanistan)

Ad Hoc Committee on articles 25, 30 and 40-43 (National Control in General)

Chairman: Mr. B. Banerji (India)

Ad Hoc Committee on articles 31-34 (National Control of Opium Poppy and Poppy Straw)

Chairman: Mr. L. Ignacio-Pinto (Dahomey)
Vice-Chairman: Mr. J. Koch (Denmark)

Ad Hoc Committee on articles 35-38 (National Control of Coca Leaf)

Chairman: Mr. K. Chikaraishi (Japan)

Ad Hoc Committee on article 39 (National Control of Cannabis)

Chairman: Mr. B. Grinberg (Bulgaria)

Ad Hoc Committee on articles 26, 27-29, 20-21, 4 (Information to be furnished by Governments; the system of estimates and statistics; obligations of Governments in general)

Chairman: Mr. E. Rodriguez Fabregat (Uruguay)
Vice-Chairman: Mr. J. Bertschinger (Switzerland)

Ad Hoc Committee on article 22 (Measures exercisable by the Board in case of non-compliance)

Chairman: Mr. A. Gurinovich (Byelorussian SSR)

Ad Hoc Committee on articles 5-11, 13-19, 23 (Constitution, Functions and Secretariat of International Organs)

Chairman: Mr. H. Blomstedt (Finland)

Ad Hoc Committee on articles 44-46 (Direct Measures against the Illicit Traffic)

Chairman: Mr. A. Bittencourt (Brazil)

Technical Committee

Chairman: Mr. A. Johnson (Australia)
Vice-Chairman: Mr. A. Ismael (United Arab Republic)

Drafting Committee

Chairman: Mr. R. Curran (Canada)
Vice-Chairman: Mr. D. Nikoli (Yugoslavia)

Credentials Committee

Chairman: Mr. G. Ortiz (Costa Rica)

IN WITNESS WHEREOF the representatives have signed this Final Act.

DONE at New York, this thirtieth day of March one thousand nine hundred and sixty-one, in a single copy in the Chinese, English, French, Russian and Spanish languages, each text being equally authentic. The original texts shall be deposited with the Secretary-General of the United Nations.

RESOLUTIONS

ADOPTED BY THE UNITED NATIONS CONFERENCE

TO CONSIDER AMENDMENTS TO THE SINGLE CONVENTION

ON NARCOTIC DRUGS, 1961

Resolution I

SECRETARIAT OF THE INTERNATIONAL NARCOTICS CONTROL BOARD

The Conference,

        Considering that the measures adopted by the Economic and Social Council in its resolution 1196 (XLII) of 16 May 1967 (1464th plenary meeting) met the wishes of the States Parties to the Single Convention on Narcotic Drugs, 1961, and to the earlier conventions still in force,

        Recommends the continuation of the system which was instituted by the Secretary-General of the United Nations and whose main provisions are as follows:

1. The International Narcotics Control Board (hereinafter referred to as the Board) has a secretariat distinct from the Division of Narcotic Drugs;
2. That secretariat is an integral part of the Secretariat of the United Nations; while under the full administrative control of the Secretary-General, it is bound to carry out the decisions of the Board;
3. The members of the secretariat are appointed or assigned by the Secretary-General; the head of that secretariat is appointed or assigned in consultation with the Board.

Resolution II

ASSISTANCE IN NARCOTICS CONTROL

The Conference,

        Recalling that assistance to developing countries is a concrete manifestation of the will of the international community to honour the commitment contained in the United Nations Charter to promote the social and economic progress of all peoples,

        Recalling the special arrangements made by the United Nations General Assembly under its resolution 1395 (XIV) with a view to the provision of technical assistance for drug abuse control,

        Welcoming the establishment pursuant to United Nations General Assembly resolution 2719 (XXV), of a United Nations Fund for Drug Abuse Control,

        Noting that the Conference has adopted a new article 14 bis concerning technical and financial assistance to promote more effective execution of the provisions of the Single Convention on Narcotic Drugs, 1961,

1. Declares that, to be more effective, the measures taken against drug abuse must be co-ordinated and universal;
2. Declares further that the fulfilment by the developing countries of their obligations under the Convention will be facilitated by adequate technical and financial assistance from the international community.

 

Resolution III

SOCIAL CONDITIONS AND PROTECTION AGAINST DRUG ADDICTION

The Conference,

        Recalling that the Preamble to the Single Convention on Narcotic Drugs, 1961, states that the Parties to the Convention are "concerned with the health and welfare of mankind" and are "conscious of their duty to prevent and combat" the evil of drug addiction,

        Considering that the discussions at the Conference have given evidence of the desire to take effective steps to prevent drug addiction,

        Considering that, while drug addiction leads to personal degradation and social disruption, it happens very often that the deplorable social and economic conditions in which certain individuals and certain groups are living predispose them to drug addiction,

        Recognizing that social factors have a certain and sometimes preponderant influence on the behaviour of individuals and groups,

        Recommends that the Parties:

1. Should bear in mind that drug addiction is often the result of an unwholesome social atmosphere in which those who are most exposed to the danger of drug abuse live;
2. Should do everything in their power to combat the spread of the illicit use of drugs;
3. Should develop leisure and other activities conducive to the sound physical and psychological health of young people.

SINGLE CONVENTION ON NARCOTIC DRUGS, 1961,

AS AMENDED BY THE 1972 PROTOCOL AMENDING

THE SINGLE CONVENTION ON NARCOTIC DRUGS, 1961

PREAMBLE

The Parties,

        Concerned with the health and welfare of mankind,

        Recognizing that the medical use of narcotic drugs continues to be indispensable for the relief of pain and suffering and that adequate provision must be made to ensure the availability of narcotic drugs for such purposes,

        Recognizing that addiction to narcotic drugs constitutes a serious evil for the individual and is fraught with social and economic danger to mankind,

        Conscious of their duty to prevent and combat this evil,

        Considering that effective measures against abuse of narcotic drugs require co-ordinated and universal action,

        Understanding that such universal action calls for international co-operation guided by the same principles and aimed at common objectives,

        Acknowledging the competence of the United Nations in the field of narcotics control and desirous that the international organs concerned should be within the framework of that Organization,

        Desiring to conclude a generally acceptable international convention replacing existing treaties on narcotic drugs, limiting such drugs to medical and scientific use, and providing for continuous international co-operation and control for the achievement of such aims and objectives,

Hereby agree as follows^(*):

Article 1

DEFINITIONS

1.   Except where otherwise expressly indicated or where the context otherwise requires, the following definitions shall apply throughout the Convention:

(a)"Board" means the International Narcotics Control Board,

(b) "Cannabis" means the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops) from which the resin has not been extracted, by whatever name they may be designated.

(c) "Cannabis plant" means any plant of the genus Cannabis,

(d) "Cannabis resin" means the separated resin, whether crude or purified, obtained from the cannabis plant.

(e) "Coca bush" means the plant of any species of the genus Erythroxylon.

(f) "Coca leaf" means the leaf of the coca bush except a leaf from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed.

(g) "Commission" means the Commission on Narcotic Drugs of the Council.

(h) "Council" means the Economic and Social Council of the United Nations.

(i) "Cultivation" means the cultivation of the opium poppy, coca bush or cannabis plant.

(j) "Drug" means any of the substances in Schedules I and II, whether natural or synthetic.

(k) "General Assembly" means the General Assembly of the United Nations.

(l) "Illicit traffic" means cultivation or trafficking in drugs contrary to the provisions of this Convention.

(m) "Import" and "export" mean in their respective connotations the physical transfer of drugs from one State to another State, or from one territory to another territory of the same State.

(n) "Manufacture" means all processes, other than production, by which drugs may be obtained and includes refining as well as the transformation of drugs into other drugs.

(o) "Medicinal opium" means opium which has undergone the processes necessary to adapt it for medicinal use.

(p) "Opium" means the coagulated juice of the opium poppy.

(q) "Opium poppy" means the plant of the species Papaver somniferum L.

(r) "Poppy straw" means all parts (except the seeds) of the opium poppy, after mowing.

(s) "Preparation" means a mixture, solid or liquid, containing a drug.

(t) "Production" means the separation of opium, coca leaves, cannabis and cannabis resin from the plants from which they are obtained.

(u) "Schedule I", "Schedule II", "Schedule III" and "Schedule IV" mean the correspondingly numbered list of drugs or preparations annexed to this Convention, as amended from time to time in accordance with article 3.

(v) "Secretary-General" means the Secretary-General of the United Nations.

(w) "Special stocks" means the amounts of drugs held in a country or territory by the Government of such country or territory for special government purposes and to meet exceptional circumstances; and the expression "special purposes" shall be construed accordingly.

(x) "Stocks" means the amounts of drugs held in a country or territory and intended for:

(i) Consumption in the country or territory for medical and scientific purposes,

(ii) Utilization in the country or territory for the manufacture of drugs and other substances, or

(iii) Export; but does not include the amounts of drugs held in the country or territory,

(iv) By retail pharmacists or other authorized retail distributors and by institutions or qualified persons in the duly authorized exercise of therapeutic or scientific functions, or

(v) As "special stocks".

(y) "Territory" means any part of a State which is treated as a separate entity for the application of the system of import certificates and export authorizations provided for in article 31. This definition shall not apply to the term "territory" as used in articles 42 and 46.

2.   For the purposes of this Convention a drug shall be regarded as "consumed" when it has been supplied to any person or enterprise for retail distribution, medical use or scientific research; and "consumption" shall be construed accordingly.