Recent years have seen a growing unwillingness among increasing numbers of States parties to fully adhere to a strictly prohibitionist reading of the UN drug control conventions; the 1961 Single Convention on Narcotic Drugs (as amended by the 1972 Protocol), the 1971 Convention on Psychotropic Substances; and the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
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.
Damon Barrett (Deputy Director at Harm Reduction International)
04 April 2012
When the UN's drugs watchdog, the International Narcotics Control Board (INCB), was asked recently about its official position on torture carried out in the name of drug enforcement, one would have expected an unequivocal denunciation. Instead, what was given was an unequivocal refusal to do so. In the light of documented cases of torture to extract information from suspects and to punish drug users and those convicted of drug offences, this refusal to condemn the most egregious of human rights abuses is cause for serious concern and highlights clear tensions between the UN human rights and drug control regimes.
On several recent occasions, the International Narcotics Control Board (INCB) has refused to offer an opinion on sanctions that violate international law – even if those sanctions are imposed in order to comply with the drug control treaties. This struck many as odd. As a quasi-judicial entity, one would have expected the INCB to know that the death penalty for drug offences is not permitted in international law. Or that the UN Human Rights Committee, another UN quasi-judicial mechanism which oversees the International Covenant on Civil and Political Rights, had already called for its abolition in Thailand. Apparently not. In response to emails and letters of concern, the INCB said that criminal sanctions are the 'exclusive prerogative' of States.
The response to the Board’s Annual Report for 2011 is organised under 5 inter-related headings: issues surrounding the Board’s homage to the Hague Opium Convention; the flaws within its thematic chapter on ‘social cohesion, social disorganization and illegal drugs’; the INCB’s hostility towards the endeavours of Bolivia to adjust its position towards the Single Convention on Narcotic Drugs and coca; the continuation of mission creep and a proclivity of the Board to operate beyond its mandate and the reoccurrence of selective reticence, specifically the lack of comment on issues relating to human rights and harm reduction.
The Report of the International Narcotics Control Board (INCB) for 2010 reveals not only the INCB’s continuing habit of exceeding its mandate, but also an enthusiasm for censuring what it regards as moves towards the liberalization of policy practice while preferring to remain silent on other areas that are within its purview and merit attention. This IDPC report concludes that this year’s Report does reflect some positive changes in the INCB’s outlook, but these are still outweighed by familiar negative practices and positions.
The International Narcotics Control Board (INCB) remains one of the least transparent and most secretive of UN bodies. It meets in secret, and while agendas can now be found on the INCB’s website, no minutes of its meetings are published, nor are the analyses by which it arrives at its positions on policy issues.
On 5 March 2008 the INCB releases its Annual Report for 2007, containing highly controversial statements on the coca leaf. The report is under embargo until 00.01 hrs GMT, please revisit this site then to find the relevant sections from the report and the responses to it from TNI and the International Drug Policy Consortium (IDPC).
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.
Yesterday, President Evo Morales of Bolivia sent a letter to UN Secretary General Ban Ki Moon rejecting the recommendations of the International Narcotics Control Board (INCB) to "abolish or prohibit coca leaf chewing and the manufacture of coca tea." Morales qualified the attitude of the INCB as colonial and accused the Board members of lacking the necessary scientific background.
Daniel Wolfe, director of the International Harm Reduction Development Program, director of Open Society Foundations Global Drug Policy Program
04 March 2013
In what has become a chilling annual exercise, the UN's drug watchdog the International Narcotics Control Board released its annual report today. The INCB describes itself as a "quasi-judicial" group of experts charged with monitoring compliance with international drug control treaties, but the report's drug war bias and egregious omissions makes us wonder who is judging the judges.
The International Narcotics Control Board yesterday presented its annual report for 2010. Every year the Board selects a thematic issue of focus, dedicating its opening chapter to that issue. This year it is corruption. In an earlier blog post we asked whether the INCB would have the impartiality to be able to look at the drug control system itself, and its role in the generation of corruption, as the UNODC had done in 2008. The answer is no. At no point is the international criminal market in drugs recognised as a creation of drug control.
TNI's Prof. Dave Bewley-Taylor recently delivered a statement on how states can reconcile treaty obligations with democratically mandated policy shifts at the national level to a legally regulated cannabis market, with due regard for international law, and what role the International Narcotics Control Board can play in this process.
The INCB, rather than making harsh judgements based on a selective choice of outdated treaty articles, should use its mandate more constructively and help draw attention to the inherent contradictions in the current treaty system with regard to how plants, plant-based raw materials and traditional uses are treated.