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.
The last of the four ‘round tables’ of the high-level segment of the Commission on Narcotic Drugs was devoted to the broad issue of Countering illicit drug traffic and supply, and alternative development. TNI had been nominated by the Vienna NGO Committee to give a statement on the issue of Alternative Development (AD), being one of the few member NGOs with a track record on this issue and having actively participated in the Beyond 2008 initiative, including the negotiations at the July NGO forum to reach consensus on the text of a paragraph on AD in the final declaration. This is our impression of the event.
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.
A clear divide in drug control approaches became apparent at the end of the High Level Segment of the Commission on Narcotic Drugs (CND) on March 11-12 in Vienna, where countries gathered to review to progress since the 1998 UN General Assembly Special Session (UNGASS) and set a framework for the next 10 years through a Political Declaration and Plan of Action.
At one side of the divide a growing number of countries opt for pragmatic evidence-based harm reduction policies, while at the other side countries desperately cling to a zero tolerance approach that has failed to produce any significant result the past decade. Despite the diplomatic façade, the conclusion cannot be otherwise that the Vienna consensus on drug control that has paralysed progress in international drug control for decades, has fallen apart.
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.
The academic journal Nueva Sociedad recently released an issue to promote the debate in Latin America on drug policy reform. TNI contributed with the paper "Drug policy reform in practice: Experiences with alternatives in Europe and the US".
Read here the full text of the controversial statements on coca leaf included in this year's Annual Report of the INCB. Some highlights:
> "The Board calls upon the Governments of Bolivia and Peru to initiate action without delay with a view to eliminating uses of coca leaf, including coca leaf chewing" and "each party to the Convention should establish as a criminal offence, when committed intentionally, the possession and purchase of coca leaf for personalconsumption". > "The Board again calls on the Governments of Bolivia and Peru to consider amending their national legislation so as to abolish or prohibit activities that are contrary to the 1961 Convention, such as coca leaf chewing and the manufacture of mate de coca (coca tea)".
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.