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 useful overview of UN endorsement of harm reduction measures; the legality of harm reduction services under the Drug Conventions; the obligation in human rights law to ensure access to harm reduction services and the global state of harm reduction, listing 82 countries and territories worldwide that presently support or tolerate harm reduction.
A strong attack against the European practice of 'leniency' regarding cannabis use and possession took place at the United Nations Commission on Narcotic Drugs (CND) session (11-15 March, 2002) in Vienna. There was an orchestrated attempt to pass a CND resolution to put a dam against the 'leniency'.
At the Commission on Narcotic Drugs (CND) in March 2008 in Vienna three resolutions on cannabis were tabled. They were all clearly against 'lenient policies' in some countries depenalising or decriminalizing the use of cannabis. One of the resolutions called for the criminalization of drug abuse that would have significantly expanded the UN drug conventions.
In response to the 2007 annual report of the International Narcotics Control Board (INCB), which called on countries to 'abolish or prohibit coca leaf chewing and the manufacture of coca tea', President Evo Morales of Bolivia sent a letter to the Secretary General of the United Nations, Ban Ki-Moon to express profound concern and discontent with the INCB in relation to the coca leaf, the practice of chewing it and the other traditional uses that have 3,000 years of history and are fully legally recognised in Bolivia.
Meetings of the Commission on Narcotic Drugs (CND) are no forum for debate and change. The author, a former senior officer of the United Nations International Drug Control Programme (UNDCP), shows how CND meetings are manipulated in the interests of 17 developed countries that largely fund UNDCP – the CND’s ‘civil service’. However, these major donors are not united on policy or on how to apply the UN drug Conventions, so CND decisions reflect the lowest level of disagreement, with major splits on policy ignored.
Reflections upon this year’s CND are mixed. On the one hand, some states went further than ever before in openly challenging the current regime on the grounds that, after a century, it needs modernising. That the government of Uruguay is currently considering a domestic policy on cannabis that would put it in breach of the Single Convention shows that, in one instance at least, we have moved beyond rhetoric and posturing.
The international drug control regime is facing the most profound challenge of its existence. Member states have for some time been experimenting with new responses to the ‘world drug problem’; however, the advent of legally regulated cannabis markets has resulted in a ratcheting up of these challenges to expose the system to new levels of strain. With the 2016 UN General Assembly Special Session (UNGASS) on the world drug problem fast approaching, how will the international community make use of the opportunity it provides for a free and open debate?
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 Executive Director of UNAIDS, Michel Sidibé, wrote a letter to the delegates negotiating the Political Declaration for the 52nd session of the UN Commission on Narcotic Drugs (CND) in Vienna on March 11-12, 2009, dedicated to review of the progress achieved and the difficulties encountered by in meeting the goals and targets set out in the 1998 UNGASS.
Martin Jelsma, from the Transnational Institute, prepared an analysis for theLatin American Commission on Drugs and Democracy, explaining the drug policy situation in the European Union and the current state of debate in the United Nations agenda. The commission is an initiative born of former presidents Fernando Henrique Cardoso, from Brazil, César Gaviria, from Colombia and Ernesto Zedillo, from Mexico, to respond to concerns related to the problems of drug consumption and traffic in Latin America. The idea to constitute a commission capable of consolidating a debate concerning this problematic also responds to the necessity of reviewing the world drug policies in the scope of the United Nations, which began in March 2008.
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.
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.
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.
UN’s International Narcotics Control Board (INCB) unprecedented condemnation of the use of death penalty for drug-related offences is welcome if long overdue. The bigger question is whether INCB’s consideration of human rights can be extended into a proper human rights and evidence-based examination of UN’s entire drug control regime.
The current trend towards legal regulation of the cannabis market has become irreversible and requires an urgent dialogue by UN member states on the best models for protecting people’s health and safety, argues a new report. The question facing the international community today is no longer whether there is a need to revise the UN drug control system, but rather when and how to do it.
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 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.