Around the world, millions of people depend on the cultivation of coca, opium poppy and cannabis for basic subsistence. The 1961 Convention introduced strict controls on the cultivation of these plants and banned centuries-old traditional medicinal, cultural and ceremonial uses. The 1988 Convention reinforced those provisions, obliging states to eradicate illicit cultivation and to impose criminal sanctions.
How can we resolve the tensions between current drug control policies and states’ human rights obligations? The international human rights framework clearly establishes that, in the event of conflicts between obligations under the UN Charter and other international agreements, human rights obligations take precedence. As legally regulated cannabis markets start to grow, now is the time to secure a legitimate place for small farmers using alternative development, human rights and fair trade principles.
John Walsh, Ann Fordham, Martin Jelsma, Hannah Hetzer
22 September 2018
Article
The "Global Call to Action" document that the U.S. government is circulating—and heavily pressuring reluctant countries to sign—is explicitly “not open for negotiation.” Far from an effort at achieving mutual understanding and genuine consensus, it is an instance of heavy-handed U.S. “with us or against us” diplomacy.
The international dimensions of Bill C-45 are of utmost importance not only for Canada itself but for many countries around the world that are moving in the direction of legally regulating the cannabis market
Guillermo Andrés Ospina, Jorge Hernández Tinajero, Martin Jelsma
16 April 2018
Report
Poppy cultivation in Mexico and Colombia is part of a local economy geared almost exclusively toward the illegal market abroad: it is driven by demand for heroin, primarily in the United States.
David Bewley-Taylor, Tom Blickman, Martin Jelsma, John Walsh
03 April 2018
Opinion
Ever since the introduction of Bill C-45, questions have been swirling concerning Canada’s position relative to the UN drug control conventions: conventions to which Canada is a party and that, crucially, prohibit the creation of regulated markets for the recreational use of cannabis.
Martin Jelsma, Neil Boister, David Bewley-Taylor, Malgosia Fitzmaurice, John Walsh
15 March 2018
Policy briefing
Legal tensions are growing within the international drug control regime as increasing numbers of member states move towards or seriously consider legal regulation of the cannabis market for non-medical purposes. Amongst reform options not requiring consensus, inter se modification appears to be the most ‘elegant’ approach and one that provides a useful safety valve for collective action to adjust a treaty regime arguably frozen in time.
Jamie Bridge, Martin Jelsma, Tom Blickman, Marie Nougier, David Bewley-Taylor, Christopher Hallam
29 September 2017
Paper
Diplomatic processes at the United Nations are notoriously slow and difficult, perhaps increasingly so in a modern world of multi-polar geopolitics and tensions. This is certainly no different for the highly charged and provocative issue of international drug control.
Getting to the Briceño region in the heart of Antioquia requires an excellent vehicle, and a lot of time and luck. The week before our journey there in mid-July, heavy rains wiped out part of the road between Briceño and Pueblo Nuevo, stranding folks on one side or the other. We were lucky on the day of our journey – no rain. But it took a six-hour drive to get from Medellín to Briceño, and another three hours of sometimes harrowing curves to Pueblo Nuevo. The dirt-road drive itself was a stark reminder of the challenges Colombia faces as it seeks to eliminate 50,000 hectares of coca this year through the crop substitution program, Programa Nacional Integral de Sustitución de Cultivos de Uso Ilícito (National Comprehensive Program for the Substitution of Illicit Crops), known by the acronym PNIS.
A special session of the General Assembly took place in April revealing a growing divergence in the global drug policy landscape. Difficult negotiations resulted in a disappointing outcome document, perpetuating a siloed approach to drugs at the UN level. There is a clear need to realign international drug policies with the overarching 2030 Agenda and the Sustainable Development Goals, embedding the drugs issue comprehensively within the UN’s three pillars: development, human rights, and peace and security. The UNGASS process has helped to set the stage for more substantial changes in the near future, towards the next UN review in 2019.
The outcome of the UN Commission on Narcotic Drugs (CND) was a disappointing compromise, based on a non-inclusive process and one that fails to reflect the fractured global consensus on drug policy.
For more than ten years, TNI’s Drugs & Democracy programme has been studying the UN drug control conventions and the institutional architecture of the UN drug control regime. As we approach the 2016 UNGASS, this primer is a tool to better understand the role of these conventions, the scope and limits of their flexibility, the mandates they established for the CND, the INCB and the WHO, and the various options for treaty reform.
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 Commission on Narcotic Drugs (CND) in Vienna will decide next week between two opposite proposals by China and the WHO about international control of ketamine, an essential anaesthetic in human and veterinary medicine. China originally proposed bringing ketamine under the 1971 Convention’s most severe control regime of Schedule I, which would dramatically affect its availability for surgery in poor rural settings and emergency situations. The WHO Expert Committee reviewed all the evidence and advised against any international control of ketamine, arguing it would trigger a public health disaster.
Ernestien Jensema, Martin Jelsma, Tom Kramer, Nang Pann Ei Kham, Gloria Lai, Tripti Tandon
16 February 2015
Report
The decision of the Myanmar Government to review drug laws is not only timely, but also offers a prospect to improve the drugs legislation and to ensure that the laws address drug-related problems in the country more effectively.
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.
