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 review of the objectives and action plans agreed at the 1998 UNGASS on Drugs has reached a critical stage. Following the thematic debate at the 2008 Commission on Narcotic Drugs, and the five expert working groups held in Vienna over the summer, the attention now moves to the political process of negotiating the text of a political declaration to be agreed at the high level meeting in March 2009.
Weaknesses in the United Nations drug control system have often been identified, related to the functioning of the key organs – the UN Office on Drugs and Crime (UNODC), International Narcotics Control Board (INCB), and the Commission on Narcotic Drugs (CND) –, related to collaboration with the wider UN system – the World Health Organistaion (WHO), UNAIDS, UN Development Programme (UNDP), etc. – and related to the outdated character of several treaty provisions.
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 UN Commission considers to bring ketamine under the control of the 1971 Convention on Psychotropic Substances contrary to WHO recommendations. The 58th Session of the UN Commission on Narcotic Drugs (CND) in March 2015 has been asked to consider a Chinese proposal to place ketamine – an essential medicine used for anaesthesia – in Schedule I of the 1971 Convention (E/CN.7/2015/7 and E/CN.7/2015/81). Ketamine is the only available anaesthetic for essential surgery in most rural areas of developing countries, home to more than 2 billion of the world’s people. Scheduling ketamine under any of the 1971 treaty schedules will reduce its availability and further deepen the already acute crisis of global surgery.
The "Beyond 2008" NGO Forum was held in Vienna, Austria from July 7-9, 2008. It was the final step in the global consultation of NGOs involved in responding to drug related problems and to provide civil society input for the 10-year UNGASS review.
Three draft resolutions and the draft declaration were subject to a line by line examination and intense debate. At the end of the Forum the Declaration and three Resolutions were adopted by consensus by all those participating in the Forum. This was an historic achievement and reflected the maturity and commitment of the global NGO community.
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.
In a confidential and authoritative memorandum to the INCB, UNODC legal experts argue that most harm reduction measures are in fact acceptable under the conventions. According to the Legal Affairs Section "it could easily be argued that the Guiding Principles of Drug Demand Reduction provide a clear mandate for the institution of harm reduction policies that, respecting cultural and gender differences, provide for a more supportive environment for drug users."
International tensions over Uruguay’s decision to regulate the cannabis market reached new levels when Raymond Yans, president of the International Narcotics Control Board (INCB), accused Uruguay of negligence with regard to public health concerns, deliberately blocking dialogue attempts and having a "pirate attitude" towards the UN conventions. President Mujica reacted angrily, declaring that someone should "tell that guy to stop lying," while Milton Romani, ambassador to the Organisation of American States (OAS), said that Yans "should consider resigning because this is not how you treat sovereign states."
The UN's International Narcotics Control Board (INCB) 2009 annual report criticizes Argentina, Brazil and Mexico for moving to decriminalize the possession of drugs for personal consumption, cautioning that such moves may "send the wrong message." According to the Transnational Institute (TNI) and the Washington Office on Latin America (WOLA), the criticisms overstep the INCB's mandate and constitute unwarranted intrusions into these countries' sovereign decision-making.
As in years past, the International Narcotics Control Board (INCB) highlights the problem of HIV epidemics fuelled by injection drug use in its 2007 annual report. The phrase harm reduction is used in the report without scare quotes but the Board cannot refrain from sounding cautionary notes.
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.
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)".
Just over one year away from the 2016 UNGASS, denying the reality that the drug policy landscape has fundamentally changed and that tensions with the UN drug conventions are occuring, is no longer a credible option. Secretary General Ban Ki-moon urged member states to use the 2016 UNGASS on drugs "to conduct a wide-ranging and open debate that considers all options." TNI calls for a special advisory group that should be tasked with recommending how to better deal with the contentious issues following the 2016 UNGASS, in preparation for the next UN high-level review in 2019.
The backbone of the United Nations drug control system consists of three UN Drug Conventions. The prohibition of potentially harmful substances has its origin in the desire to protect human well-being. However, the way in which the global regime was set up decades ago and the escalation of repression it has brought about since, has been an historical mistake increasing rather than diminishing the problems. There is no point now in dreaming about how the world might have looked without it, or deluding ourselves that all the problems could be solved by scrapping the conventions. The challenge is to create the political space which would allow a reform process to move ahead. A process guided by pragmatism, open-mindedness and evaluation of practices on the basis of costs and benefits; providing leeway for experimentation and freedom to challenge the wisdom of the existing conventions.
On October 2, 2008, the Beckley Foundation launched in the House of Lords its Global Cannabis Commission Report, an authoritative guide to the effects of cannabis, the policies that control its use, and recommendations for policy reform. A team of leading drug policy analysts prepared an overview of the latest scientific evidence surrounding cannabis and the policies that control its use.