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.
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 growing number of nations are developing policies that shift away from the prohibition-oriented failed approach to drugs control. Ultimately however nations will need to reform the overall UN based global drug control framework of which practically all nations are a part.
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.
Evan Wood, Moira McKinnon, Robert Strang, Perry R. Kendall
28 မတ်လ 2012
The use of illegal drugs remains a serious threat to community health. However, despite the substantial social costs attributable to illegal drugs, a well-described discordance between scientific evidence and policy exists in this area, such that most resources go to drug law enforcement activities that have not been well evaluated. When the Office of the Auditor General of Canada last reviewed the country’s drug strategy, in 2001, it estimated that of the $454 million spent annually on efforts to control illicit drugs, $426 million (93.8%) was devoted to law enforcement.
Mexico has experienced an unprecedented rise in crime and violence over the past five years with over 47,000 people killed in crime related violence during this period. For some, the increase in violence is a tragic by-product of President Calderón’s full frontal assault on criminal organizations. For others, the government’s actions, while well intended, have only marginally impacted trafficking while exacerbating the violence.
The prescription of substitution drugs, such as methadone and buprenorphine, has become a mainstream, first-line treatment for opioid dependence, with around 700 000 of Europe’s 1.3 million problem opioid users receiving substitution treatment today. But a small minority of entrenched opioid users repeatedly fails to respond to interventions of this kind. Findings from international trials now suggest that the supervised use of medicinal heroin can be an effective second-line treatment for this small, and previously unresponsive, group. In this latest EMCDDA Insights report, experts describe the development as ‘an important clinical step forward’.