2
would it affect our Eastern Colonies, except in so far as it would diminish the protection afforded to those countries from the illicit importation of drugs; while it is of the greatest importance to them that the importation of drugs should be regulated as far as possible, and from that point of view it is very desirable that the convention should be ratified, even if its effect were impaired by non-acceptance on the part of
some countries.
On the other hand, some authorities felt that the non-adherence to the convention of European countries of importance, and especially of Austria-Hungary, Switzerland, and Norway, would tend to render nugatory the entire system of proposals for checking the export of morphia and cocaine to the East, while as regards cocaine, the abstention of Peru would of itself counteract any efforts that the European Powers-even if themselves united-might make to put an end to the illicit trade in that drug.
If the above-mentioned Powers held aloof, the convention in its present form (it has been held) would fail to produce the beneficial effects intended, and the strongest effort should be made to induce the countries named to adhere to the convention, even if this should necessitate the postponement of ratification by His Majesty's Government.
The manufacture of morphia and cocaine might take place in non-adhering countries, and these might be exported without any restrictions imposed by the country of origin. Moreover, existing chemical manufacturers in adhering countries would probably be prepared to establish works in countries which had not adhered. Apart from the possibility of a transfer of manufacture to, or of a development of existing manufacture in, countries not bound by the convention, such countries would under the convention as negotiated, be open to the unrestricted importation of morphia and cocaine from countries which were parties to the convention. It would thus be especially easy for manufacturers in adhering countries to use adjacent non-adhering countries as countries of transit through which their manufactures could be conveyed to the Eastern consumer, while manufacturers in the United Kingdom would also be in a position to utilise Trieste, Fiume, &c. For the same purpose, if, for instance, Austria- Hungary remained outside the convention.
As regards the effect of the non-adherence of Peru, it has been pointed out that the bulk of the raw material for the manufacture of cocaine is derived from that country and it is understood that already, without the employment of any specially elaborate pharmaceutical methods, a large quantity of coca leaf has been submitted to a process of extraction in Peru, and that the extract contained seven-tenths of the amount of the active principle that is contained in the salt of cocaine ordinarily in use. It would be easy for any firm of druggists to establish a small factory in Peru which could supply the whole world with the entire quantity of cocaine salts which it was likely to be able to consume. It has been suggested that as the cocaine habit is regarded as having as bad as or worse effects than the morphia habit, the non-adherence of Peru, even if all the European States were to adhere, would leave the evils connected with the export of drugs to the East practically untouched. Any attempt to suppress the illicit trade in morphia and cocaine by united action in the countries of manufacture will thus be seriously impaired and may even fail unless all countries which manufacture, or are likely to manufacture these drugs, can be induced to agree to proposals on the lines of those laid down in the Opium Couvention.
Through the kindness of the Netherland Government, His Majesty's Government have been in a position to consider the reasons which had prompted the refusals on the omission of certain Governments to sign the convention.
It appears that Greece has refused to sign without stating any reason, while the Turkish Government have based their refusal on the same economic reasons which prevented them from taking part in the Conference.
The Swiss Federal Council in their reply, while expressing sympathy with the high moral purpose that inspired the convention, stated that they did not consider that the co-operation of Switzerland would serve any useful purpose. They based their view on the facts that Switzerland neither produced nor exported opium, and that the improper use of opium was not prevalent in the country. They added that the use of opium and its alkaloids, and of cocaine, was already strictly regulated by the national and cantonal pharmacy laws, and that as to the chemical factories which manufactured morphine and cocaine, their control was in the hands of the cantonal authorities, and under present conditions the federal authorities had no power to interfere with them.
The Austro-Hungarian Government informed the Netherland Government that the question of signing the convention was still under consideration, and that, as questions
3
necessitating legislation were involved, the signature must in any case be delayed for some time.
The Swedish and Norwegian Governments have also replied that the legislation involved is an obstacle to immediate signature, while the Roumanian Government have stated that the matter is being considered by the competent Government department.
His Majesty's Government, after examining the reasons underlying these replies and carefully considering the points to which their attention had been called by the various departments, came to the conclusion that, though would be impolitic for them
to proceed at once to ratification, matters might be expedited if a Conference were held as originally intended, at which His Majesty's Government should be represented. It appeared that the hesititation of the Austro-Hungarian, Swedish, and Norwegian Governments to sign the convention on the ground of the legislation involved was due to a misunderstanding, which might be removed if it were explained to them that, under article 24 of the convention, the laws, regulations, and other measures contem- plated by the convention need not be prepared till nine months after the deposit of the last instrument of ratification. Again, the reply of the Swiss Government was apparently based on a want of appreciation of the necessity of securing general inter- national co-operation if the convention was to be really effective. A Conference would enable the signatory States not only to review the position in regard to ratification created by the additional signatures affixed to the convention since the last Conference, but also to concert measures to secure the signatures of those countries which had either refused to sign or had for the present abstained from doing so. The replies of certain countries to the invitation of the Netherland Government appear to reveal the existence of misunderstandings as to the provisions and purport of the convention which can, in certain cases, probably be overcome. In the circumstances, the time seems to have arrived when action on the part of the Netherlands Government may usefully be supplemented by action taken jointly by the signatory Powers, and further delay in arriving at a decision as to the most appropriate action to take will be obviated if the signatory Powers meet in conference at an early date, whilst any action decided on will come with greater weight if it is the result of the joint deliberations of the assembled Powers.
The Netherland Chargé d'Affaires has already been informed that His Majesty's Government have much pleasure in accepting the invitation of his Government to appoint delegates to proceed to The Hague to examine the question of the ratification of the convention, and I have since been officially notified that the Conference will meet on the 1st July.
You will inform the Conference that, in view of the considerable number of important Powers which have not as yet signed the convention, the moment is not ripe for the ratification of the convention by His Majesty's Government. You should, however, make it clear that this does not imply a refusal on the part of His Majesty's Government to ratify, but only a postponement, and you should use your best endeavours to secure the adoption by the Conference of such measures as are, in the opinion of the delegates, likely to induce those countries which have, for one reason or another, hitherto failed to adhere, to alter their attitude and sign the convention without further delay, thus hastening the moment when His Majesty's Government and the other Signatory Powers will be in a position to proceed to the deposit of their ratifications and to the execution of the provisions of the convention.
The above instructions will be a sufficient indication to you of the general line you should follow at the Conference, and you should refer to this Department for instructions on any point on which you are in doubt.
Finally, I would add that your powers to enter into any agreement are not plenary, but are merely of an ad referendum nature.
I enclose for your information a list of those dominions, colonies, dependencies, and protectorates of His Majesty which have adhered to the convention, and also of those which have refused or hitherto failed to do so.
I am, &c.
E. GREY.
J
86
No comments yet.
Private notes are available after approval.