Article 5

THE INTERNATIONAL CONTROL ORGANS

1. The Covenant of the League of Nations entrusted the League "with the general supervision over the execution of agreements with regard to ... the traffic in opium and other dangerous drugs". I The Charter of the United Nations, on the other hand, does not contain a provision dealing specifically ,A with drugs. It was, however, made quite clear at the San Francisco Conference that the phrase "international economic, social, health and related problems" 2 for which the United Nations was made competent, also covered international co-operation in the suppression of the traffic in, and of the abuse of, opium and other narcotics and dangerous drugs. 3

2. It appears that the recognition by the Parties to the Single Convention of the competence of the United Nations in the field of narcotic drugs has two aspects: those Parties which are not Members of the United Nations undertake under article 5 of the Convention to co-operate with United Nations organs and Members of the World Organization in matters of narcotics control as if they were Members, while the Parties which are also Members of the United Nations confirm that they accept the interpretation given to the Charter at the San Francisco Conference. All Parties to the Convention, whether Members of the United Nations or not, are thus bound not only to carry out the provisions of the Single Convention, but also those of the Charter, relating to drugs, in particular to co-operate in the promotion of solutions of the various problems of drug abuse. 4

3. The Single Convention assigns functions not only to the Commission on Narcotics Drugs and the International Narcotics Control Board, the two organs mentioned in article 5. but also to the General Assembly, the Economic and Social Council and the Secretary-General.

4. It may also be noted that the International Narcotics Control Board is also entrusted with those functions which the Permanent Central Board and Drug Supervisory Body had under the narcotics treaties preceding the Single Convention. It will continue this task as long as the earlier treaties remain in force 6 

1 Article 23, para. (c) of the Covenant.

2 Article 55, para.(b) of the Charter.

3 Fifth report of the Drafting Committee 11/3 of the San Francisco Conference, document WD 40 11/3/A/5, 25 May 1945; statements of the representatives of Canada, China, India and the United States in Committee 11/3, verbatim minutes of 19th meet ing, 4 June 1945.

4 Article 55, para.(b) of the Charter.

5 For the provisions entrusting functions to these three organs, see above, comments on article 1, para. 1, subparas.(h), (k) and(v). During a transitional period from the date of the coming into force of the Single Convention, 13 December 1964, to I March 1968, the Permanent Central Board constituted under chapter VI of the 1925 Convention and the Drug Supervisory Body constituted under Chapter II of the 1931 Convention were entrusted with the performance of functions under the Single Convention; see article 45 and resolution 1106 (XL) of the Economic and Social Council.

6 article 44 and article 45 para 2 see also comments on article 1 para 1 subpara a and on article 45