International Narcotics Control Board
Encyclopedia
The International Narcotics Control Board (INCB) is the independent and quasi-judicial
control organ for the implementation of the United Nations
drug conventions. It plays an important role in monitoring enforcement of restrictions on narcotic
s and psychotropics and in deciding which precursors should be regulated.
. It all started in 1909 in Shanghai with the International Opium Commission, the first international drug control conference. The International Opium Convention
of 1925 established the Permanent Central Board (first known as the Permanent Central Opium Board and then as the Permanent Central Narcotics Board). That Board started its work in 1929. After the dissolution of the League, the 1946 Protocol Amending the Agreements, Conventions and Protocols on Narcotic Drugs
concluded at The Hague on 23 January 1912, at Geneva on 11 February 1925 and 19 February 1925, and 13 July 1931, at Bangkok on 27 November 1931 and at Geneva on 26 June 1936, created a Supervisory Body to administer the estimate system. The functions of both bodies were merged into the Board by the 1961 Single Convention on Narcotic Drugs
. The composition of the Board under the Single Convention was strongly influenced by the 1946 treaty.
Thus, the Single Convention seeks to allow medical and scientific use of psychoactive drugs while preventing recreational use. Accordingly, Article 12 gives the Board the responsibility of allocating quotas among Parties concerning licit cultivation, production, manufacture, export, import, distribution and trade in an attempt to prevent leakage of drugs from licit sources into the illicit traffic. The Board establishes estimates for all nations, including non-Parties to the Single Convention.
Article 18 of the Convention on Psychotropic Substances
requires the Board to issue annual reports on its work.
Article 12 of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
requires the Board to report annually to the Commission on the implementation of the Convention's restrictions on chemicals in Table I and Table II, the treaty's two categories of precursor substances in illicit drug manufacture. In the case of a precursor substance not yet regulated, the Convention also requires the Board to communicate to the Commission on Narcotic Drugs
an assessment of the substance if it finds that:
The Convention requires the Board to notify the United Nations Secretary-General
whenever it has information which, in its opinion, may justify adding a substance to, deleting a substance from, or transferring a substance between, the Tables. The Secretary-General then transmits that information to the Parties and the Commission, and the Commission makes the decision, "taking into account the comments submitted by the Parties and the comments and recommendations of the Board, whose assessment shall be determinative as to scientific matters, and also taking into due consideration any other relevant factors".
If the Board finds that the Government has failed to give satisfactory explanations, or has failed to adopt remedial measures that it has been called upon to take, the Board can call the attention of the Parties, the Council, and the Commission to the matter. The Board can also publish a report on the matter for communication to all Parties. Under some circumstances, it can penalize a violator by reducing its export quota of opium, under the provisions of Article 21 bis. The Board can even "recommend to the Parties that they stop the export, import, or both, of particular psychotropic substances, from or to the country or region concerned, either for a designated period or until the Board shall be satisfied as to the situation in that country or region." The Commentary to the Convention on Narcotic Drugs points out, "This is a very serious measure, and it cannot be assumed that the Board has that authority except in very grave situations". Decisions under Article 19 require a two-thirds vote of the Board.
The Commentary to the Convention on Psychotropic Substances notes, "Since the Board is not in continuous session and in fact meets only a few weeks each year, it has to delegate to its secretariat the required authority in order to maintain between its sessions 'the mechanism for a continuing dialogue' with Governments".
The Article requires the Council to make arrangements to ensure the Board's independence. Article 10 specifies that "[t]he members of the Board shall serve for a period of five years, and may be re-elected." The lengthy terms, and the fact that the Board is made up of individuals rather than nation-states, help buffer the Board from political pressure. The requirement that members with "medical, pharmacological or pharmaceutical experience" be placed on the Board was the result of lobbying by the pharmaceuticals industry. The provision that three members would be WHO nominees is similar to the 1946 treaty's provision that two of the four members of the Supervisory Body would be appointed by the WHO. The requirement that nominees be appointed by ECOSOC is similar to the 1946 treaty's provision that one of the four members of the Supervisory Body be appointed by ECOSOC's Commission on Narcotic Drugs.
, the report of the Board for 2002 noted “ the announcement by the Government of the United Kingdom that cannabis would be placed in a different schedule, requiring less severe controls, and the worldwide repercussions caused by that announcement, including confusion and widespread misunderstanding. A survey undertaken in the United Kingdom found that as many as 94 per cent of children believed that cannabis was a legal substance or even some type of medicine. The survey also discovered that nearly 80 per cent of teachers in the United Kingdom believed that the recent reclassification of cannabis would make educating pupils about the dangers of drug abuse more challenging and difficult. Several opinion polls taken in July and August 2002 found that the majority of the population did not support that reclassification.” (Paragraph 499, http://www.incb.org/pdf/e/ar/2002/incb_report_2002_3_europe.pdf) Parliamentary Under Secretary of State Bob Ainsworth responded:
In 2008, the Home Secretary of the United Kingdom recommended that cannabis be reclassified as a class B drug. http://www.homeoffice.gov.uk/drugs/drugs-law/cannabis-reclassification/
In April 2003, former United Nations Drug Control Programme Chief of Demand Reduction Cindy Fazey
penned a scathing review of the Board, accusing it of overstepping its bounds:
In the wake of the United States Supreme Court's decision in Gonzales v. Raich
, the Board welcomed "the decision of the United States Supreme Court, made on 6 June, reaffirming that the cultivation and use of cannabis, even if it is for 'medical' use, should be prohibited." The Board's President, Hamid Ghodse
, opined:
The Senlis Council has argued in March 2006 that the INCB is not taking seriously its responsibility vis-à-vis the global needs for medicines:
The INCB has published several special reports on the availability of opiates for medical needs, going back to 1989 and 1995 http://www.incb.org/pdf/e/ar/1995/suppl1en.pdf and has repeatedly called for urgent global action to address the situation http://www.painpolicy.wisc.edu/publicat/97apsun.htm.
In its most recent report, noting that millions of people around the world are suffering from acute and chronic pain, the INCB calls on Governments to support a new programme of the World Health Organization (WHO), which aims at improving access to those medicines. http://www.incb.org/pdf/annual-report/2007/en/04-press-release.pdf
and drug prohibition
in general often blame UN's involvement with regulating drugs as a strong reason why there is worldwide prohibition.
In the Netherlands
, for example, soft drugs like cannabis
and psilocybin mushrooms are widely available and tolerated but not officially legal because the Dutch government wants to adhere to international treaties. Full legalization of soft drugs will likely result in widespread criticism from the international community because of not adhering to the International Narcotics Board's policy on certain drugs.
Quasi-judicial body
A quasi-judicial body is an individual or organization which has powers resembling those of a court of law or judge and is able to remedy a situation or impose legal penalties on a person or organization.-Powers:...
control organ for the implementation of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
drug conventions. It plays an important role in monitoring enforcement of restrictions on narcotic
Narcotic
The term narcotic originally referred medically to any psychoactive compound with any sleep-inducing properties. In the United States of America it has since become associated with opioids, commonly morphine and heroin and their derivatives, such as hydrocodone. The term is, today, imprecisely...
s and psychotropics and in deciding which precursors should be regulated.
History
The Board had predecessors since the time of under the League of NationsLeague of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
. It all started in 1909 in Shanghai with the International Opium Commission, the first international drug control conference. The International Opium Convention
International Opium Convention
The International Opium Convention, signed at The Hague on January 23, 1912 during the First International Opium Conference, was the first international drug control treaty. It was registered in League of Nations Treaty Series on January 23, 1922...
of 1925 established the Permanent Central Board (first known as the Permanent Central Opium Board and then as the Permanent Central Narcotics Board). That Board started its work in 1929. After the dissolution of the League, the 1946 Protocol Amending the Agreements, Conventions and Protocols on Narcotic Drugs
1946 Lake Success Protocol
The Protocol Amending the Agreements, Conventions and Protocols on Narcotic Drugs concluded at The Hague on 23 January 1912, at Geneva on 11 February 1925 and 19 February 1925, and 13 July 1931, at Bangkok on 27 November 1931 and at Geneva on 26 June 1936 was a treaty, signed on December 11, 1946...
concluded at The Hague on 23 January 1912, at Geneva on 11 February 1925 and 19 February 1925, and 13 July 1931, at Bangkok on 27 November 1931 and at Geneva on 26 June 1936, created a Supervisory Body to administer the estimate system. The functions of both bodies were merged into the Board by the 1961 Single Convention on Narcotic Drugs
Single Convention on Narcotic Drugs
The Single Convention on Narcotic Drugs of 1961 is an international treaty to prohibit production and supply of specific drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research...
. The composition of the Board under the Single Convention was strongly influenced by the 1946 treaty.
Responsibilities
Article 9 of the Single Convention provides that the Board shall endeavour to:- Limit the cultivation, production, manufacture and use of drugs to an adequate amount required for medical and scientific purposes;
- Ensure their availability for such purposes; and
- Prevent illicit cultivation, production and manufacture of, and illicit trafficking in and use of, drugs.
Thus, the Single Convention seeks to allow medical and scientific use of psychoactive drugs while preventing recreational use. Accordingly, Article 12 gives the Board the responsibility of allocating quotas among Parties concerning licit cultivation, production, manufacture, export, import, distribution and trade in an attempt to prevent leakage of drugs from licit sources into the illicit traffic. The Board establishes estimates for all nations, including non-Parties to the Single Convention.
Article 18 of the Convention on Psychotropic Substances
Convention on Psychotropic Substances
The Convention on Psychotropic Substances of 1971 is a United Nations treaty designed to control psychoactive drugs such as amphetamines, barbiturates, benzodiazepines, and psychedelics signed at Vienna on February 21, 1971...
requires the Board to issue annual reports on its work.
Article 12 of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 is one of three major drug control treaties currently in force. It provides additional legal mechanisms for enforcing the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on...
requires the Board to report annually to the Commission on the implementation of the Convention's restrictions on chemicals in Table I and Table II, the treaty's two categories of precursor substances in illicit drug manufacture. In the case of a precursor substance not yet regulated, the Convention also requires the Board to communicate to the Commission on Narcotic Drugs
Commission on Narcotic Drugs
The Commission on Narcotic Drugs is the central drug policy-making body within the United Nations system. Its predecessor, the Advisory Committee on the Traffic in Opium and Other Dangerous Drugs, was established by the first Assembly of the League of Nations on December 15, 1920...
an assessment of the substance if it finds that:
- The substance is frequently used in the illicit manufacture of a narcotic drug or psychotropic substance; and
- The volume and extent of the illicit manufacture of a narcotic drug or psychotropic substance creates serious public health or social problems, so as to warrant international action.
The Convention requires the Board to notify the United Nations Secretary-General
United Nations Secretary-General
The Secretary-General of the United Nations is the head of the Secretariat of the United Nations, one of the principal organs of the United Nations. The Secretary-General also acts as the de facto spokesperson and leader of the United Nations....
whenever it has information which, in its opinion, may justify adding a substance to, deleting a substance from, or transferring a substance between, the Tables. The Secretary-General then transmits that information to the Parties and the Commission, and the Commission makes the decision, "taking into account the comments submitted by the Parties and the comments and recommendations of the Board, whose assessment shall be determinative as to scientific matters, and also taking into due consideration any other relevant factors".
Enforcement powers
Article 14 of the Single Convention, Article 19 of the Convention on Psychotropic Drugs, and Article 22 of the Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances give the Board the authority to investigate the failure of any country or region to carry out the Convention's provisions. This includes countries that are not Parties to the Conventions. The Board can ask for explanations from the Government in question, propose that a study of the matter be carried out in its territory, and call upon the Government to adopt remedial measures.If the Board finds that the Government has failed to give satisfactory explanations, or has failed to adopt remedial measures that it has been called upon to take, the Board can call the attention of the Parties, the Council, and the Commission to the matter. The Board can also publish a report on the matter for communication to all Parties. Under some circumstances, it can penalize a violator by reducing its export quota of opium, under the provisions of Article 21 bis. The Board can even "recommend to the Parties that they stop the export, import, or both, of particular psychotropic substances, from or to the country or region concerned, either for a designated period or until the Board shall be satisfied as to the situation in that country or region." The Commentary to the Convention on Narcotic Drugs points out, "This is a very serious measure, and it cannot be assumed that the Board has that authority except in very grave situations". Decisions under Article 19 require a two-thirds vote of the Board.
The Commentary to the Convention on Psychotropic Substances notes, "Since the Board is not in continuous session and in fact meets only a few weeks each year, it has to delegate to its secretariat the required authority in order to maintain between its sessions 'the mechanism for a continuing dialogue' with Governments".
Membership
Article 9 of the Single Convention specifies that the Board shall be made up of thirteen members elected by the UN Economic and Social Council, including:- Three members with medical, pharmacological or pharmaceutical experience from a list of at least five persons nominated by the World Health OrganizationWorld Health OrganizationThe World Health Organization is a specialized agency of the United Nations that acts as a coordinating authority on international public health. Established on 7 April 1948, with headquarters in Geneva, Switzerland, the agency inherited the mandate and resources of its predecessor, the Health...
; and - Ten members from a list of persons nominated by the Members of the United NationsUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
and by Parties which are not Members of the United Nations.
The Article requires the Council to make arrangements to ensure the Board's independence. Article 10 specifies that "[t]he members of the Board shall serve for a period of five years, and may be re-elected." The lengthy terms, and the fact that the Board is made up of individuals rather than nation-states, help buffer the Board from political pressure. The requirement that members with "medical, pharmacological or pharmaceutical experience" be placed on the Board was the result of lobbying by the pharmaceuticals industry. The provision that three members would be WHO nominees is similar to the 1946 treaty's provision that two of the four members of the Supervisory Body would be appointed by the WHO. The requirement that nominees be appointed by ECOSOC is similar to the 1946 treaty's provision that one of the four members of the Supervisory Body be appointed by ECOSOC's Commission on Narcotic Drugs.
Controversy
The Board routinely draws the attention of the international community to interesting drug control developments. On the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, the report of the Board for 2002 noted “ the announcement by the Government of the United Kingdom that cannabis would be placed in a different schedule, requiring less severe controls, and the worldwide repercussions caused by that announcement, including confusion and widespread misunderstanding. A survey undertaken in the United Kingdom found that as many as 94 per cent of children believed that cannabis was a legal substance or even some type of medicine. The survey also discovered that nearly 80 per cent of teachers in the United Kingdom believed that the recent reclassification of cannabis would make educating pupils about the dangers of drug abuse more challenging and difficult. Several opinion polls taken in July and August 2002 found that the majority of the population did not support that reclassification.” (Paragraph 499, http://www.incb.org/pdf/e/ar/2002/incb_report_2002_3_europe.pdf) Parliamentary Under Secretary of State Bob Ainsworth responded:
- The comments made in your report, your selective and inaccurate use of statistics, and failure to refer to the scientific basis on which the UK Government's decision was based all add up to an ill-informed and potentially damaging message. This was compounded by the way in which the Board presented the cannabis reclassification decision to the media at the launch of its annual report on 26 February. For example, the Board representative is quoted as having said that we might end up in the next 10 or 20 years with our psychiatric hospitals filled with people who have problems with cannabis, and that a recent study by the British Lung Foundation found smoking three cannabis joints caused the same damage to the linings of the airways as 20 cigarettes. These are totally misleading statements.
In 2008, the Home Secretary of the United Kingdom recommended that cannabis be reclassified as a class B drug. http://www.homeoffice.gov.uk/drugs/drugs-law/cannabis-reclassification/
In April 2003, former United Nations Drug Control Programme Chief of Demand Reduction Cindy Fazey
Cindy Fazey
Cindy Fazey is a criminologist and former Chief of Demand Reduction for the United Nations Drug Control Programme. She has been Professor of International Drug Policy at the University of Liverpool since 1998. Fazey has spoken in the past of "the complete failure of national and international drugs...
penned a scathing review of the Board, accusing it of overstepping its bounds:
- Unfortunately these individuals also see their role not only as the guardians of the conventions, but also the interpreters of them as well. In their annual report they have criticised many governments, such as Canada for permitting the medicinal use of cannabis, Australia for providing injecting rooms and the United Kingdom for proposing to downgrade the classification of cannabis, which would entail less serious penalties than at present. These criticisms go far beyond their remit, and indeed it is hubris to criticise the Canadian Supreme Court.
In the wake of the United States Supreme Court's decision in Gonzales v. Raich
Gonzales v. Raich
Gonzales v. Raich , 545 U.S. 1 , was a decision by the United States Supreme Court ruling that under the Commerce Clause of the United States Constitution, the United States Congress may criminalize the production and use of home-grown cannabis even where states approve its use for medicinal...
, the Board welcomed "the decision of the United States Supreme Court, made on 6 June, reaffirming that the cultivation and use of cannabis, even if it is for 'medical' use, should be prohibited." The Board's President, Hamid Ghodse
Hamid Ghodse
Hamid Ghodse, CBE is the Director of the International Centre for Drug Policy at St. George’s University of London,, a Non-Executive Director of the UK National Patient Safety Agency , and President of the UN International Narcotics Control Board...
, opined:
- INCB has for many years pointed out that the evidence that cannabis might be useful as a medicine is insufficient. Countries should not authorise the use of cannabis as a medicine until conclusive results based on research are available. Sound scientific evidence for its safety, efficacy and usefulness is required to justify its use in medical practice. Any research into cannabis as a medicine should involve the World Health Organization, as the responsible international health agency.
The Senlis Council has argued in March 2006 that the INCB is not taking seriously its responsibility vis-à-vis the global needs for medicines:
- The INCB is responsible for ensuring adequate supplies of drugs for medical use. Currently millions of people are suffering due to a mounting global shortage of opium-based painkillers such as morphine and codeine, especially in the developing world. The methods used by the INCB to calculate the amounts needed of these medicines are flawed and need to be reconsidered.
The INCB has published several special reports on the availability of opiates for medical needs, going back to 1989 and 1995 http://www.incb.org/pdf/e/ar/1995/suppl1en.pdf and has repeatedly called for urgent global action to address the situation http://www.painpolicy.wisc.edu/publicat/97apsun.htm.
In its most recent report, noting that millions of people around the world are suffering from acute and chronic pain, the INCB calls on Governments to support a new programme of the World Health Organization (WHO), which aims at improving access to those medicines. http://www.incb.org/pdf/annual-report/2007/en/04-press-release.pdf
Criticisms
There is widespread criticism over the existence of International Narcotics Control Board and its "requirements" for nations to comply with their drug laws. It is often thought that the UN is overstepping its role as an international organization and trying instead to act more like an international government. Critics often point out that UN is eroding the sovereignty of states to choose whether or not they will criminalize drugs. Those against the war on drugsWar on Drugs
The War on Drugs is a campaign of prohibition and foreign military aid and military intervention being undertaken by the United States government, with the assistance of participating countries, intended to both define and reduce the illegal drug trade...
and drug prohibition
Prohibition (drugs)
The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent drug use. Prohibition of drugs has existed at various levels of government or other authority from the Middle Ages to the present....
in general often blame UN's involvement with regulating drugs as a strong reason why there is worldwide prohibition.
In the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, for example, soft drugs like cannabis
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
and psilocybin mushrooms are widely available and tolerated but not officially legal because the Dutch government wants to adhere to international treaties. Full legalization of soft drugs will likely result in widespread criticism from the international community because of not adhering to the International Narcotics Board's policy on certain drugs.
See also
- United Nations Office on Drugs and CrimeUnited Nations Office on Drugs and CrimeThe United Nations Office on Drugs and Crime is a United Nations agency that was established in 1997 as the Office for Drug Control and Crime Prevention by combining the United Nations International Drug Control Program and the Crime Prevention and Criminal Justice Division in the United Nations...
- The Senlis Council
- Cannabis reclassification in the United KingdomCannabis reclassification in the United KingdomCannabis classification in the United Kingdom refers to the class of drugs, as determined by the Misuse of Drugs Act 1971, that cannabis is placed in. Between 1928 and 2004 it was classified as a class B drug...
- Protocol Amending the Agreements, Conventions and Protocols on Narcotic Drugs concluded at The Hague on 23 January 1912, at Geneva on 11 February 1925 and 19 February 1925, and 13 July 1931, at Bangkok on 27 November 1931 and at Geneva on 26 June 1936
- Transnational InstituteTransnational InstituteTransnational Institute is an international think tank for progressive politics. It was established in 1973 in Amsterdam and serves as a network for scholars and activists...
External links
- http://www.incb.org International Narcotics Control Board - official website
- http://www.incb.org/incb/convention_1961.html INCB - Single Convention on Narcotic Drugs, 1961
- http://www.incb.org/incb/yellow_list.html INCB "Yellow list" - List of Narcotic Drugs under International Control
- http://www.incb.org/incb/green_list.html INCB "Green list" - List of Psychotropic Substances under International Control
- http://www.incb.org/incb/en/annual-report-2009.html INCB Annual Report 2009