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.
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.
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.
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
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 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.
"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.
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.
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.
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.
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.
On April 23, 2008, the European Parliament approved a report by MEP Giusto Cataniaon the Green Paper on the role of civil society in drugs policy in the European Union. The EP, among other things, called "on the Commission and the Member States to explore ways of cooperating with EU civil-society organisations involved in promoting substances derived from coca leaves for lawful use purely as a means of contributing effectively (by absorbing raw materials) to international action against drugs trafficking, ensuring at the same time the safe use of such substances."
The United States will file a formal objection Wednesday to Bolivia's proposal to end the ban on coca leaf-chewing specified by a half-century-old U.N. treaty, according to a senior U.S. government official. "We hope that a number of other countries will file as well," the official told The Associated Press on Tuesday. He spoke on condition he not be further identified, citing the topic's political sensitivity.
This briefing paper brings together material and analysis from a number of recent reports that raise questions about the role and functioning of the INCB. The IDPC analysis is that the Board mixes a rigid and overzealous approach to some aspects of its mandate, while showing a selective reticence in others. These inconsistencies do not arise automatically from the structure or role of the Board, but from the operational and policy decisions of its officers and members.
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.
Bolivia's government has informed the United Nations it is renouncing the world body's anti-drug convention because it classifies coca leaf as an illegal drug, the Foreign Ministry said Thursday. Bolivia's decision comes after a proposal by President Evo Morales to remove language obliging countries that have signed the convention to ban the chewing of coca leaves was rejected following U.S. objections.