INCB Attacks Bolivia on Coca Stance

Martin Jelsma on the INCB Report

5 March 2012
Phillip Smith

In its 2011 Annual Report, the International Narcotics Control Board, which monitors the implementation of international drug control treaties, has attacked Bolivia over that country's effort to defend the traditional uses of the coca plant.

"Why does the board consider the international drug conventions to be so fragile?" asked WOLA senior associate John Walsh. "How do one country’s legitimate efforts to reconcile its treaty obligations with its own constitutional requirements represent an existential threat to the entire system in the eyes of the INCB?"
"The INCB operates under a completely misplaced and self-inflated sense of infallibility that they apparently believe absolves them of any responsibility to base their inquisitorial judgments on rational arguments," said Martin Jelsma, coordinator of TNI's Drugs & Democracy program.

The two groups noted that a stance such as the one Bolivia is taking is legal under the convention and cited the official commentary on the 1961 Single Convention: "A Party may reserve the right to permit the non-medical uses as provided in article 49, paragraph 1, of the drugs mentioned therein, but also non-medical uses of other drugs, without being subject to the time limits and restrictions provided for in article 49."

"The INCB response is another clear sign that the UN drug control regime is under strain and that the cracks in the so-called 'Vienna consensus' are approaching a breaking point," said Jelsma."It is a sign that its principal guardian, the INCB, is in distress and no longer capable of responding to challenges in a rational manner."

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