This note provides an overview of human rights and international law concerns raised by the 2011 Annual Report of the International Narcotics Control Board. These include questionable legal reasoning by the Board; the absence of broader human rights norms; problematic statements on specific issues; unqualified comments and support for policies despite human rights risks; and stigmatising language unbecoming a UN entity. These are patterns that are evident in previous Annual Reports.
Fifty years after signing the United Nations Single Convention on Narcotic Drugs and 40 years after the U.S. government declared a "war on drugs," many obstacles remain despite the partial successes of efforts to counter the problem. The Andean-United States Dialogue Forum, noted with concern how drug policy has monopolized the diplomatic and economic agenda between the Andean countries, contributing to tensions among the governments and impeding cooperation on other crucial priorities, such as safeguarding democratic processes from criminal networks.
Today the International Narcotics Control Board (INCB) released its annual report. I’ve been following the Board for many, many years now, have often criticized its narrow interpretation of the treaties, have questioned the validity of its usually negative comments about any policy changes in the direction of harm reduction or decriminalization, and have warned repeatedly about its tendency to overstep its clearly defined mandate.
Afghanistan remains the world’s largest producer of opium and has an under-reported but growing heroin-use problem. Current drug control policies in Afghanistan are unrealistic, reflecting a need for immediate signs of hope rather than a serious analysis of the underlying causes and an effort to achieve long-term solutions.
The academic journal Nueva Sociedad recently released an issue to promote the debate in Latin America on drug policy reform. TNI contributed with the paper "Drug policy reform in practice: Experiences with alternatives in Europe and the US".
The Drug War has failed. After more than 20 years of tirelessly pushing for the same policy, the efforts have not been able to bring the expanding illicit drug markets under control and instead have led to an unmanageable crisis in the judicial and penitentiary systems, human rights violations, the consolidation of criminal networks and the marginalization of drug users who are pushed out of reach of health care services. For these reasons, some Latin American countries are starting to explore a more effective and honest drug policy.
On Monday the 18th, at the UN-ECOSOC session in New York, elections took place for six members of the International Narcotics Control Board (INCB). The Board consists of only 13 members, so almost half of this UN body was up for election. Taking a look at the INCB-section on our website quickly reveals our troubled history with this ‘quasi-judicial’ and supposedly independent body that monitors compliance with the UN drug control treaties.
A clear divide in drug control approaches became apparent at the end of the High Level Segment of the Commission on Narcotic Drugs (CND) on March 11-12 in Vienna, where countries gathered to review to progress since the 1998 UN General Assembly Special Session (UNGASS) and set a framework for the next 10 years through a Political Declaration and Plan of Action.
At one side of the divide a growing number of countries opt for pragmatic evidence-based harm reduction policies, while at the other side countries desperately cling to a zero tolerance approach that has failed to produce any significant result the past decade. Despite the diplomatic façade, the conclusion cannot be otherwise that the Vienna consensus on drug control that has paralysed progress in international drug control for decades, has fallen apart.
Peter Reuter (RAND), Franz Trautmann (Trimbos Institute) (eds.)
15 March 2009
This report commissioned by the European Commission, found no evidence that the global drug problem has been reduced during the period from 1998 to 2007 – the primary target of the 1998 UNGASS, which aimed to significantly reduce the global illicit drugs problem by 2008 through international cooperation and measures in the field of drug supply and drug demand reduction. Broadly speaking the situation has improved a little in some of the richer countries, while for others it worsened, and for some of those it worsened sharply and substantially', among which are a few large developing or transitional countries. Given the limitations of the data, a fair judgment is that the problem became somewhat more severe.
On thursday 28 February 2008 the Dutch Parliamentary Justice Commission devoted its debate to the drugs UNGASS review. Martin Jelsma was invited as one of the experts to share with the commission TNI's views on the importance of the review process. In his contribution he highlights the opportunity to use the 2008/9 period to achieve a breakthrough on harm reduction acceptance at the UN level, to evaluate the performance of UN agencies like UNODC and the INCB, and to open the door for a revision of the UN drug control treaty system. only available in Dutch
The cocaine base, or “pasta”, may be seen as a type of South American crack. Its obligatory method of administration is smoking. A primary condition of the “pasta” smoker is compulsive drug-search behavior and addiction to cocaine base destroys emotional and mental balance. Socio-economic maladjustment is the norm amongst “pasta” addicts. Since 1984 I have recommended the chewing of the coca leaf, between 100 to 200 grams of coca leaf per week for the treatment of cocaine dependence.