If you actually read the treaties, while they do set firm limitations on the legal, "non-medical" or "non-scientific" sale of schedule drugs — limits that Uruguay, Colorado and Washington ignored when legalizing cannabis — they don’t otherwise obligate countries to penalize drug use. Even the 1988 convention, the harshest of the three, which instructs countries to criminalize use, still provides an out for states, allowing such laws only as they are "subject to its constitutional principles and the basic concepts of its legal system." This loophole has been used by the Dutch to argue legally for their coffee shops.
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.
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.
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.
The UN’s International Narcotics Control Board (INCB), which monitors implementation of the global drug treaties, has trained its fire on Bolivia, this time accusing the country of threatening the integrity of the entire international drug control regime by defending traditional uses of the coca leaf.
In a letter to the International Narcotics Control Board (INCB) the Government of Bolivia rejects the judgments made by the independent agency of the United Nations after a visit in December 2011 and the conclusions of the Board on the decision to withdraw from the 1961 UN Single Convention and re-adhere with a reservation that would allow for the use of coca in its natural state within Bolivian territory an uphold the traditional practice of coca chewing. The Bolivian government says the INCB is overstepping its mandate. TNI publishes an unofficial translation of the original spanish version of the letter.
The president of Bolivia, Evo Morales, yesterday asked inspectors of the International Narcotics Control Board (INCB) of the United Nations to support his petition to decriminalize coca leaf chewing or "akulliku" but acknowledged that he failed to convince everyone. The Board pointed out this year that Bolivia “addresses the coca-chewing issue in a manner that is not in line with that country’s obligations under the international drug control treaties.”
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 International Narcotics Control Board (INCB) regrets the decision by the Government of the Plurinational State of Bolivia to denounce the Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol. On 29 June 2011, in an unprecedented step, the Government of Bolivia denounced the Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol, to which the State of Bolivia had previously acceded. The Government also announced its intention to re-accede to this Convention but with a reservation regarding specific treaty provisions.
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.
On July 30th the Bolivian proposal to amend the 1961 Single Convention on Narcotic Drugs by deleting the obligation to abolish the chewingof coca leaf was on the ECOSOC agenda (UN Social and Economic Council). After informal negotiations, the 54 members of ECOSOC decided unanimously to pass the amendment proposal on to the Parties of the Convention for their consideration. They now have 18 months to express any objections or comments on the Bolivian request.
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.
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.
In March 2008, the International Narcotics Control Board (INCB) provoked outrage in Bolivia by calling for the elimination of traditional uses of coca, such as chewing coca leaves and drinking coca tea. A new briefing urges to address the current erroneous classification of coca under the UN conventions. It also notes an apparent shift on the issue by the US government and urges the US to formally clarify its position.
The Hungarian Civil Liberties Union (HCLU) released a new short film in their excellent series on the proceedings of the 2008 Commission on Narcotic Drugs (CND). In "Coca Leaf: The Heritage of the Andes" Felipe Cáceres, the Vice Minister of Social Defence of Bolivia is interviewed. He explains the traditional use of the coca leaf and rejects the controversial statements of the International Narcotics Control Board (INCB) in its 2007 annual report calling on the Bolivian and Peruvian governments to eliminate the use of coca leaf contrary to the 1961 Single Convention and to abolish coca chewing and coca tea.
"They will have to kill us to make us stop planting coca," Bolivian coca grower Luis Mamani told IPS in response to a call from the International Narcotics Control Board (INCB) to prohibit traditional uses of the plant like coca leaf chewing. "It is a historic error to try to ban coca. We are not going to allow it," Mamani vehemently stated.
The Bolivian delegation was the first to issue what it called an "energetic protest" against the INCB's recommendations during the agency's annual meeting this week in Vienna. It also put forward a proposal to remove coca from the U.N.'s narcotics list. That's not likely to happen. The big question is whether the U.N. will adopt the INCB proposal — which would essentially leave Bolivia and Peru in breach of international law if they continue to allow coca's non-narcotic use and commercialization. That in turn could result in the U.N. calling for commercial or other embargoes against them.