Reflections upon this year’s CND are mixed. On the one hand, some states went further than ever before in openly challenging the current regime on the grounds that, after a century, it needs modernising. That the government of Uruguay is currently considering a domestic policy on cannabis that would put it in breach of the Single Convention shows that, in one instance at least, we have moved beyond rhetoric and posturing.
Ann Fordham of the International Drug Policy Consortium (IDPC) delivered the NGO Statement to CND Plenary under Item 8: Preparations for the high-level review of the implementation by Member States of the Political Declaration and Plan of Action on International Cooperation towards an integrated and balanced strategy to counter the world drug problem.
The United States must not turn a blind eye to the recreational use of cannabis in states that liberalize drug laws, the International Narcotics Control Board (INCB) said, urging the country to live up to its treaty commitments. Raymond Yans, president of the INCB, said assurances from the U.S. government in December that growing, selling or possessing the drug remained illegal under federal law were "good, but insufficient".
Weaknesses in the United Nations drug control system have often been identified, related to the functioning of the key organs – the UN Office on Drugs and Crime (UNODC), International Narcotics Control Board (INCB), and the Commission on Narcotic Drugs (CND) –, related to collaboration with the wider UN system – the World Health Organistaion (WHO), UNAIDS, UN Development Programme (UNDP), etc. – and related to the outdated character of several treaty provisions.
The terms used in the preface to the 2011 INCB annual report leave no doubt as to the illness afflicting this UN body: a (deep) regret  is running through its old veins. Yet again, its poison is directed at Bolivia, that small country which dares to challenge and stretch what is allegedly firm and static, and all in the name of an old indigenous habit. This saga must come to a close sometime soon, both parties must have thought, but as yet no happy ending is in sight.
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.
As jurisdictions enact reforms creating legal access to cannabis for purposes other than exclusively “medical and scientific,” tensions surrounding the existing UN drug treaties and evolving law and practice in Member States continue to grow. How might governments and the UN system address these growing tensions in ways that acknowledge the policy shifts underway and help to modernize the drug treaty regime itself, and thereby reinforce the UN pillars of human rights, development, peace and security, and the rule of law?
The backbone of the United Nations drug control system consists of three UN Drug Conventions. The prohibition of potentially harmful substances has its origin in the desire to protect human well-being. However, the way in which the global regime was set up decades ago and the escalation of repression it has brought about since, has been an historical mistake increasing rather than diminishing the problems. There is no point now in dreaming about how the world might have looked without it, or deluding ourselves that all the problems could be solved by scrapping the conventions. The challenge is to create the political space which would allow a reform process to move ahead. A process guided by pragmatism, open-mindedness and evaluation of practices on the basis of costs and benefits; providing leeway for experimentation and freedom to challenge the wisdom of the existing conventions.
On 29 June 2011, the Bolivian government denounced the 1961 Single Convention on Narcotic Drugs as amended by the 1972 Protocol, indicating its intention to re-accede with a reservation allowing for the traditional use of the coca leaf. This decision was triggered by Bolivia’s need to balance its obligations under the international drug control system with its constitutional and other international legal commitments. The move follows the rejection of Bolivia’s proposal to amend the Single Convention by deleting the obligation to abolish coca leaf chewing (Article 49) earlier this year.
The US drug policy is changing, pitting states against federal law. This essay explores this inner friction of contradictory drug legislation, and what it may mean for the international drug control regime, itself a result of US drug policy. (4,400 words)
A major international row with wide-ranging implications for global drugs policy has erupted over the right of Bolivia's indigenous Indian tribes to chew coca leaves, the principal ingredient in cocaine.
Uruguay's President Mujica shot back at the president of the International Narcotics Control Board, a U.N. agency, for saying that his administration refused to meet with the agency’s officials before legalizing marijuana. Mujica batted down the criticism, insisting that his administration is open to discussing the law and accusing the INCB President Raymond Yans of applying a double standard by criticizing Uruguay, even as U.S. states pass laws to legalize recreational marijuana consumption. "Tell this old guy not to lie," Mujica said.
A strong attack against the European practice of 'leniency' regarding cannabis use and possession took place at the United Nations Commission on Narcotic Drugs (CND) session (11-15 March, 2002) in Vienna. There was an orchestrated attempt to pass a CND resolution to put a dam against the 'leniency'.
On several recent occasions, the International Narcotics Control Board (INCB) has refused to offer an opinion on sanctions that violate international law, such as the death penalty. The following is a transcript from a Civil Society Dialogue with the President of the INCB, Hamid Ghodse, during the UN Commission on Narcotic Drugs on 15 March 2012. For a commentary on the dialogue please see the article at Inter-Press Service titled, ‘Narcotics Watchdog Turns Blind Eye to Rights Abuses’.
The International Narcotics Control Board (INCB) has launched a counter-offensive against moves to liberalise drug laws around the world, warning that cannabis legalisation poses a grave danger to public health.
The Vienna Declaration is a statement seeking to improve community health and safety by calling for the incorporation of scientific evidence into illicit drug policies. We are inviting scientists, health practitioners and the public to endorse this document in order to bring these issues to the attention of governments and international agencies, and to illustrate that drug policy reform is a matter of urgent international significance. We also welcome organizational endorsements.
Uruguay’s president has accused the head of the UN’s International Narcotics Control Board (INCB), Raymond Yans, of lying and double standards, after the official claimed the country did not consult the anti-drug body before legalizing marijuana.