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.
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
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.
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.
The 2007 INCB Annual Report shows some signs of a more balanced approach by the INCB to the policy dilemmas around proportionality of sentences and harm reduction. While this is welcome, the Board still falls a long way short of what is necessary for it to play a positive and objective role in helping governments to find the right balance between their drug control obligations, and wider policy objectives related to social development, public health, and human rights protections. On the issue of the coca leaf especially, the INCB shows complete intransigence towards the issue of indigenous uses in the Andean region.
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.
We don’t ban beer and spirits because some folk abuse alcohol. Yet as part of its bid to stamp out illicit cocaine consumption, the United Nations drug watchdog is telling millions of indigenous South Americans to ditch their millennia-old coca-chewing and coca tea-making traditions — and calling on their governments to criminalize the activities.
"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.
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.
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.
With a “Causachun coca! (quechua), viva la coca. Long life to coca leaf!” the vice -minister of Foreign Affairs of Bolivia ended his intervention on Monday at the Commission on Narcotic Drugs (CND). Vice-minister Hugo Fernandez protested against the request of the International Narcotics Control Board (INCB) to eliminate the traditional use of coca, such as coca chewing and coca tea. At the same time a vigil to defend the coca leaf took place in La Paz.
Foreign Affairs minister David Choquehuanca announced that Bolivia is going to ask for a rectification of the 2007 Annual Report of the International Narcotics Control Board (INCB) that called for the abolition of coca chewing and coca tea.
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 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.”
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.
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.