Commentaries on UN conventions now available online

The International Harm Reduction Association recently received digital copies of the Official Commentaries on the 1961, 1971 and 1988 UN Drug Conventions, as well as the Commentary to the 1972 Protocol amending the 1961 Convention, from the Legal and Treaty Affairs team at UNODC, all now available online.

These four volumes, each several hundred pages in length, are the official (although non-binding) explanatory notes from the UN to member states on how to interpret each of the articles in the Conventions. In essence, the Commentaries put ‘meat on the bone’ in providing detailed guidance to states on what the drug conventions mean, don’t mean and how they are to be interpreted and implemented.

Unfortunately the pdf files for these important and hard to find documents are massive (some as much as 50mb each), and the IHRA HR2 team has been struggling to find a way to make them available online.

As an interim solution they have stored them on an online document storage website.

The 1971, 1972 and 1988 Commentaries are now available in English, Spanish and French at www.dropboks.com.

The 1988 Commentary is also available in Chinese, Arabic and Russian.

Simply enter the email address damon.barrett(at)ihra.net and the password commentaries

Bear in mind, however, that they are quite large in some cases and if you are on a dial up connection may take some time to download.

Unfortunately the Commentary to the 1961 Convention is too large even to go onto this website! However, it has been online (English only) for many years at DrugText.

IHRA are currently working out a permanent, faster and more simple solution which will include the English, French and Spanish versions of the 1961 Commentary.

UNODC Director declares international drug control system is not ‘fit for purpose’

Below is a copy of our latest press release, drawing attention to one of the more encouraging discussion papers to emerge from this month's UN Commission on Narcotic Drugs in Vienna - now available on the UNODC website. More coverage of the CND here here here and here. See also TNI and IHRA HR2 blogs. More discussion to follow.

UN building in Vienna, host to this years CND

Executive Director of UN Office on Drugs and Crime declares international drug control system is not ‘fit for purpose’

In an extraordinarily candid report, the head of the UN agency responsible for overseeing the international conventions on drugs, describes the multi-lateral drug control system as not ‘fit for purpose’. He also explains how the international regime has created significant unintended consequences.

The report, "Making drug control 'fit for purpose': Building on the UNGASS decade" was made available, but not widely disseminated, at the Commission on Narcotic Drugs in Vienna earlier this month.

It states:

“There is indeed a spirit of reform in the air, to make the conventions fit for purpose and adapt them to a reality on the ground that is considerably different from the time they were drafted. With the multilateral machinery to adapt the conventions already available, all we need is: first, a renewed commitment to the principles of multilateralism and shared responsibility; secondly, a commitment to base our reform on empirical evidence and not ideology; and thirdly, to put in place concrete actions that support the above, going beyond mere rhetoric and pronouncement." (p.13)

“Looking back over the last century, we can see that the control system and its application have had several unintended consequences - they may or may not have been unexpected but they were certainly unintended.” (p.10)

“The first unintended consequence is a huge criminal black market that thrives in order to get prohibited substances from producers to consumers, whether driven by a 'supply push’ or a 'demand pull', the financial incentives to enter this market are enormous. There is no shortage of criminals competing to claw out a share of a market in which hundred fold increases in price from production to retail are not uncommon”. (p.10)

“The second unintended consequence is what one night call policy displacement. Public health, which is clearly the first principle of drug control…was displaced into the background”. (p.10)

“The third unintended consequence is geographical displacement. lt is often called the balloon effect because squeezing (by tighter controls) one place produces a swelling (namely an increase)in another place…” (p.10)

“A system appears to have been created in which those who fall into the web of addiction find themselves excluded and marginalized from the social mainstream, tainted with a moral stigma, and often unable to find treatment even when they may be motivated to want it.” (p.11)

“The concept of harm reduction is often made into an unnecessarily controversial issue as if there were a contradiction between (i) prevention and treatment on one hand and (ii) reducing the adverse health and social consequences of drug use on the other hand. This is a false dichotomy. These policies are complementary. (p.18)

“It stands to reason, then, that drug control, and the implementation of the drug Conventions, must proceed with due regard to health and human rights.” (p.19)

Danny Kushlick, Transform Drug Policy Foundation Director said:

“This report is a welcome contrast to the politically motivated rhetoric that has dominated much of the Commission on Narcotic Drug’s deliberations in the past. Mr Costa is to be congratulated for clearly stating what many in the drug policy reform movement have been saying for decades. That, for all its good intentions, the international drug control system has created unsustainable negative consequences and that its fitness for purpose in the modern world, and possible reforms, must be fundamentally explored.

“It is to be hoped that the issues that the Director has raised are seriously debated by and amongst member states in the coming year of review for the UN drug strategy. Despite the positive words from the UNODC director this substantive debate has clearly not begun yet.”

ENDS

Contact:

Danny Kushlick, Director +44 (0) 7970 174747
Steve Rolles, Information Officer +44 (0) 7980 213943

Notes for Editors:

"Making drug control 'fit for purpose': Building on the UNGASS decade" (pdf)

(update April 02: the above link is now to the UNODC site instead of the scanned copy previously on the Transform website)

• In its review of UK drug policy of 2002 the UK Parliamentary Home Affairs Select Committee made 24 recommendations including:

"That the Government initiates a discussion within the Commission on Narcotic Drugs of alternative ways - including the possibility of legalisation and regulation - to tackle the global drugs dilemma." (recommendation 24)

• In 2003 the UK Government published the Prime Minister’s Strategy Unit report on drug policy, demonstrating that global supply side enforcement was responsible for many of the harms associated with the trade and use of heroin and cocaine. Full report available here Transform briefing on the report here )

Image copyright Transform 2008

INCB annual report: even by their standards, this one's a shocker

Below is copied the press release from the Transnational Institute concerning the latest annual report from the International Narcotics Control Board, the quasi-judicial body that oversees state adherence to the UN drug conventions. The INCB has been on the receiving end of sustained NGO criticism for its secrecy, politicisation, and its overzealous approach to some policy areas outside of its remit (objections to established harm reduction initiatives), whilst ignoring key issues that are very much within its remit (notably adherence to human rights in drug enforcement). The TNI have taken issue with the INCB's latest extraordinary call for all coca leaf production to to be prohibited and its use, including indigenous and traditional, to be abolished.

The INCB's annual report is available from the INCB site here

A series of critical reports on the troubling machinations of this anomalous UN entity have been published recently (see below), and for further detailed information on the INCB, and the current UN drug strategy review process see the excellent new TNI website www.ungassondrugs.org

Abolishing Coca Leaf Consumption?

The INCB needs to perform a reality check

The Transnational Institute condemns the decision by the International Narcotics Control Board (INCB) in their 2007 annual report released today, which calls on countries to ‘abolish or prohibit coca leaf chewing and the manufacture of coca tea’. (1)

According to Pien Metaal, researcher specialising in coca issues at the Transnational Institute:

“The Board is displaying both arrogance and blindness by demanding that countries impose criminal sanctions on distribution and possession for traditional uses of the coca leaf, which is a key feature of Andean-Amazon indigenous cultures. Isn’t it time for this UN treaty body to get in touch with reality and show some more cultural sensitivity?”

Coca chewing and drinking of coca tea is carried out daily by millions of people in the Andes as well as considered sacred within indigenous cultures. The INCB’s statement therefore clearly puts it at odds with the UN Declaration on Indigenous Rights approved last year, which promises to uphold and protect indigenous cultural practices.(2)

It also contradicts the 1988 UN drugs convention which recognized traditional uses (3) as well as statements within the current 2007 INCB report which talk about “respect for national sovereignty, for the various constitutional and other fundamental principles of domestic law – practice, judgments and procedures –and for the rich diversity of peoples, cultures, customs and values.” (4)

TNI also condemns the demand within the INCB report that countries should “establish as a criminal offence, when committed intentionally, the possession and purchase of coca leaf for personal consumption”,(5) which if it were implemented would mean the prosecution of several million people in the Andean-Amazon region. It targets not just consumers but also peasants who grow coca: “Governments should establish as criminal offences under its domestic law, when committed intentionally, the cultivation of coca bush for the purpose of the production of narcotic drugs contrary to the provisions of the 1961 Convention”(6), reflecting all uses of the coca leaf.

“Given that the Board in the same report talks about proportionality in sentencing, the Board’s position makes no sense. It would criminalise entire peoples for a popular tradition and custom that has no harm and is even beneficial,” says Pien Metaal.

Earlier reports by the INCB have pointed to the inconsistencies between traditional uses of the coca leaf and the 1961 Single Convention on drugs (which included the coca leaf as “narcotic drug”), but no state has made serious efforts to abolish a habit that has no risk to public health.(7) Moreover, beneficial uses of the plant have growing markets worldwide.

It is understood that the Board was responding to Bolivia’s political decision to give the coca leaf a status as a valuable natural resource, reflected in the new proposed Constitutional text and in its national policy that allows a limited number of farmers to grow a small plot of coca for this traditional use.

According to Martin Jelsma, coordinator of the TNI drugs programme:

“The inclusion of the coca leaf in Schedule I of narcotic drugs of the 1961 Convention was based on an ECOSOC study done back in 1950, inspired by colonial and racist sentiments rather than science. (8) It is time the Board asks the Commission on Narcotic Drugs and the World Health Organisation for guidance on this matter instead of casting its own narrow-minded judgment and retreating to the obsolete thinking of the 1961 Convention.”

Please contact:

Drugs & Democracy Programme (TNI) Tel +31-20-6626608
Pien Metaal +31640798808 pmetaal@tni.org or
Martin Jelsma +31655715893 mjelsma@tni.org
See also TNI’s website www.ungassondrugs.org launched to coincide with the UN Commission on Narcotic Drugs (CND)’s meeting in Vienna to review UN General Assembly Special Session on drugs for more background.

1 “The Board 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).” INCB annual report 2007, para 217

2 A/61/L.67, UN Declaration on the Rights of Indigenous Peoples, adopted by the General Assembly on September 13, 2007

3 1988 Convention, article 14, paragraph 2

4 Foreword, INCB report 2007

5 Idem, paragraph 219

6 Idem, paragraph 219

7 http://www.tni.org/docs/200703081409275046.pdf

8 The 1950 ECOSOC Commission of Enquiry on the Coca Leaf claimed that the habit of chewing could be held responsible for malnutrition and immoral behaviour of the ‘Andean man’, while reducing his productive capacity. Report of the findings of the Commission of Enquiry of the Coca Leaf, ECOSOC 1950, now available here

TNI blog commentary on the new INCB report from Martin Jelsma:

INCB & Coca

A colonial attitude unworthy for a UN agency

When the INCB Annual Report for 2007 –under embargo until March 5- started to circulate about a month ago, I was in complete shock after reading the worst ever paragraphs on coca written in UN history for several decades. The position taken by the Board now can be characterized by no more talk about the need to solve 'long-standing ambiguities in the conventions', not a shred of sympathy anymore for traditional customs or rights of indigenous peoples, no trace of cultural sensitivity at all, an all-out attack against coca chewing, drinking of coca tea or any other uses of coca in its natural form in the Andean region and the northern parts of Argentina and Chile. We were warned last year in their report already about this direction of INCB thinking, but still I am outraged by this year’s call to “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 that all countries “should establish as a criminal offence, when committed intentionally, the possession and purchase of coca leaf for personal consumption”.

In what world do these people live in, I wonder. True, the 1961 Single Convention did oblige countries to abolish coca leaf chewing within 25 years. That period has long past and formally all countries who signed that –including Bolivia- are still legally bound by that article. Bolivia and Peru tried to correct that when negotiating the 1988 Convention, which stipulates that drug control measures “should take due account of traditional licit use, where there is historic evidence of such use”. But unfortunately the US at the same negotiations ensured that another article said that the 1988 convention “should not derogate from any obligations under the previous drug control treaties”. Since then, impasse and contradiction.

The INCB has pointed out this contradiction several times (most clearly in its 1994 supplement to their Annual Report) and requested the CND to bring clarity and give policy guidance. Why then do they now take a high-ground position of judge, jury and executioner and arrogantly instruct the world to go back to the 1961 coca abolition dogma, which was based on a colonial and racist ‘study’ published in 1950? I’ve tried to follow dynamics within the Board over the past decade, not an easy task because it operates under a cloud of secrecy totally out-of-line with any accepted UN standards about transparency and accountability. But still, it leaves me puzzled.

Is this the influence of Camilo Uribe Granje, the new Colombian INCB member, previously known for his attempts –paid by the US embassy in Bogota- to deny any harmful impacts of the chemical spraying campaign against coca fields? Or is it due to INCB President Emafo’s influence, a true dinasaur of zero tolerance who also maintains that needle exchange or harm reduction is against the UN drug control conventions, on a moment UNAIDS and WHO declare such interventions to be the only effective answer to the HIV/AIDS epidemic in Asia and Eastern Europe? Or is it an attempt by the Board to show to the US that they are still keeping a hard line on some issues to compensate for the softer line they take in this report on harm reduction and 'proportionality of criminal sanctions'? That could be a point, because there are several positive things to say about this year’s INCB report, positions that probably will not please the current Bush administration. However, even the US has stopped condemning traditional coca uses in the Andes and you can drink coca tea when visiting the US embassy in La Paz.

There must have been disagreement within the INCB on this issue, because not all the members are as ignorant and out-of-touch with reality to support such an extremist position. We may never know, because the Board’s policy is to not mention internal disagreements or minority positions. It is very worrying that the wording on coca in this year’s report apparently had a majority support within the Board and those members who agreed to it should feel ashamed, especially after the recent adoption of the UN Declaration on the Rights of Indigenous Peoples that acknowledges fully the right to the people concerned to continue to chew coca or drink coca tea. Including the WHO has found that coca consumed in its natural form is beneficial. What is the INCB thinking to achieve with this retreat to the obsolete thinking of the 1961 Convention? It merely underlines the need to reform the way the Board is operating. If a majority of the Board does not come to its senses and corrects this mistake, they will only further dig their own grave and confirm their unworthiness to be a UN agency.

Martin Jelsma, TNI

5 March 2008

Four critical reports on the INCB

1. The International Narcotics Control Board: Current Tensions and Options for Reform

IDPC Briefing Paper 7, February 2008

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.

Summary:
Beginning with a discussion of its formal powers and self-proclaimed "unique" position in international relations, this IDPC report explores the tensions surrounding various aspects of the current operation of the International Narcotics Control Board (INCB or Board). These tensions are analysed in light of the INCB’s interpretation of the UN drug control conventions and its mandate as laid out within them. It is argued here that in a number of contexts the Board appears prepared to act beyond the limitations which the treaties place upon it and engage in what can be termed mission creep. The report also explores other contexts within which the INCB appears reluctant to meet its mandated obligations and displays what can be described as selective reticence. The report contends that the areas of concern surrounding these mandate issues are further reinforced and complicated by the INCB’s culture of secrecy and the lack of transparency which characterizes all its work. It concludes by outlining "A Way Forward" in reviewing the way the INCB operates: a vital and timely endeavour that should be undertaken during the UN-level process to assess the 1998 UNGASS on drugs and the subsequent period of global reflection leading up to a high-level meeting in 2009 where markers for future UN drug control efforts can be adopted.

Download the Briefing Paper (pdf)

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2. ‘Unique in International Relations’? A Comparison of the International Narcotics Control Board and the UN Human Rights Treaty Bodies, by Damon Barrett, International Harm Reduction Association, February 2008
Download the full report in PDF

a new report released in February 2008 by the International Harm Reduction Association (IHRA), the INCB comes in for some heavy criticism for being overly secretive, closed to external dialogue with civil society, and out of kilter with similar agencies in other UN programmes. IHRA also debunks the INCB’s defence that it is ‘unique in international relations’.
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3. 'Closed to Reason: the International Narcotic Control Board and HIV / AIDS', by Joanne Csete and Daniel Wolfe, Canadian HIV/AIDS Legal Network and International Harm Reduction Development Program (IHRD) of the Open Society Institute, February 2007

A report published in March 2007 by the Canadian HIV/AIDS Legal Network and the Open Society Institute Public Health Program, strongly criticises the INCB. It accuses the Board of becoming 'an obstacle to effective programs to prevent and treat HIV and chemical dependence'. “Nearly one in three HIV infections outside Africa is among people who inject drugs. The International Narcotics Control Board could and should be playing a key role in stopping this injection-driven HIV epidemic — but it’s not,” said Joanne Csete, Executive Director of the Canadian HIV/AIDS Legal Network and co-author of the report.

Download the full report in Pdf

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4. The INCB and the un-scheduling of the coca leaf
TNI Drug Policy Briefing No. 21, March 2007

The 2006 International Narcotics Control Board (INCB) report emitted a clear signal to the governments of Bolivia, Peru and Argentina that growing and using coca leaf is in conflict with international treaties, particularly the 1961 Single Convention. The INCB, rather than making harsh judgements based on a selective choice of outdated treaty articles, should use its mandate more constructively and help draw attention to the inherent contradictions in the current treaty system with regard to how plants, plant-based raw materials and traditional uses are treated.

Download the briefing paper (pdf)

Further reading on coca:

From Soft drink to Hard Drug; A Snapshop History of Coca, Cocaine and Crack
Transform briefing 2005

Coca Yes, Cocaine No? Legal Options for the Coca Leaf
TNI Drugs & Conflict Debate Paper 13 May 2006

For more see the TNI publications page here

Craig Jones speech from Vancouver UN beyond 2008 conference

Craig Jones, PhD, Executive Director, the John Howard Society of Canada

Context: The following was delivered on the morning of Feb 5. 2008 to a UN-sponsored Conference called "Beyond 2008" the theme of which was (roughly) "How can we, the UN, help you, the voluntary sector in Canada, more aggressively and effectively prosecute the global war on drugs?" - which assumptions provoked a good deal of ire and scorn, particularly from those NGOs who find themselves cleaning up the destruction of the war on drugs.

I held my peace for the first day, which featured a number of questions concerning process by which the NGO community and the UN might better collaborate on (eg) the eradication of cannabis in Canada, but delivered the following on the morning of the second day. I was the first speaker and when I finished I snapped my laptop shut and exited the conference centre . to rousing applause.

--

I did my homework last night and it re-affirmed in me my conviction that Canada ought to renounce the UN Drug Conventions.

The Conventions embody a particular model of human nature which presumes that human beings can be threatened or punished into good behaviour, that general deterrence works.

This model is a philosophical a priori: it cannot be refuted by evidence because it is grounded in late-Victorian ideology and carries with it all the classist, sexist and racist implications associated therewith.

The John Howard Society - on the basis of our long experience working to re-integrate former prisoners - finds this ideology unpersuasive, counter-productive, destructive and contradicted by evidence and experience.

In Canada, controls or legislation introduced to fulfill the obligations of the Conventions have been a disaster for people with mental health and/or addictions.

Adherence to their punitive requirements has brought about the unnecessary criminalization of thousands of non-violent young persons - many with mental illness -- and the resulting incarceration has negatively affected these persons, their families and communities.

Thousands of otherwise law-abiding persons must live out their lives with the stigma of a criminal record -- which stigma is far more damaging for the future course of their life than any experience with psycho-tropic drugs.

The Conventions have, however, been good for organized crime, nationally, regionally and globally and its symbiotic twin, law enforcement. When organized crime thrives, so do the bureaucratic interests of the law enforcement apparatus. To the extent that Canada's drug control strategies have historically inclined toward supply suppression, the Conventions have been good for this symbiotic alliance.

For NGOs, the impact of the conventions varies according to whether an NGO either draws resources and legitimacy from the Conventions - and the war on drugs generally - or works to clean up the social and human destruction caused by the drug war's utopian pursuit of the unachievable.

The negative impacts of the Conventions tend to fall heaviest upon people who are largely voiceless, illiterate, incarcerated, mentally ill or who - in many cases - simply had the temerity to chose bad parents.

The obligations of the Conventions are un-realizable in practice, a fact acknowledged even by those who publicly endorse them. Prohibition and criminal stigmatization makes the best the enemy of the good. The attempt to make the Conventions work amplifies the harm that is already associated with drug use and abuse by turning manageable public health issues into expensive and intractable criminal justice issues.

The "discretionary measures . provided for in the convention" are emasculated by the overarching principle of prohibition and criminalization. Where available discretionary measures are starved for resources or maintained on a short leash and under the unrelentingly hostile scrutiny of the INCB, the White House Drug Czar and associated apparatus.

Where most urgent - in Canada's prisons where HIV and Hep C are epidemic - evidence-based harm reduction measures, permitted by the Conventions, are thwarted by a deficit of political courage.

We need to re-regulate the production, distribution and consumption of currently illicit drugs. Starting with cannabis - which is 75% of the global war on drugs - we need to take the regulation of all illicit drugs under the direct control of the state rather than - as we currently do - delegating it to the contest between organized crime and police agencies of the state and international system.

Prohibition, as required by the Conventions, is a policy choice to criminalize large numbers of otherwise law-abiding people and to thereby provoke into flourishing a global criminal underworld.

It is the cure that is worse than the disease.

Prohibition is not a law of nature - like gravity -- it's a dysfunctional and destructive form of harm maximization that benefits only organized crime and police agencies.

Thank you.

--
Craig Jones, Ph.D.
Executive Director
The John Howard Society of Canada
809 Blackburn Mews, Kingston, Ontario, K7P 2N6
email: cjones-at-johnhoward.ca
http://www.johnhoward.ca/
--

"A politician is a man who thinks of the next election; while the statesman thinks of the next generation." ~ James Freeman Clarke (1810-1888)