The International Narcotics Control Board (INCB or Board) is the independent and quasi-judicial control organ for the implementation of the United Nations drug conventions, established in 1968 by the Single Convention on Narcotic Drugs of 1961. It had predecessors under the former drug conventions since the time of the League of Nations.

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 requires the Board to issue annual reports on its work.

Article 12 of the 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 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 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[1]. 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"[2]. 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"[3].

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 Organization; and
• Ten members from a list of persons nominated by the Members of the United Nations 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.

Controversy

The Board has issued unfavorable reports against several governments that proposed relaxing their drug laws. In particular, the Board publicly chastized Great Britain for its plan to transfer cannabis from Class B to the less-restrictive Class C. Parliamentary Under Secretary of State Bob Ainsworth responded[4]:

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 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[5]:

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.

See also

• Cannabis reclassification in the United Kingdom

References

• Commentary on the Protocol Amending the Single Convention on Narcotic Drugs.
• International Narcotics Control Board.
• Single Convention on Narcotic Drugs 1961, International Narcotics Control Board.
• Fazey, Cindy: The UN Drug Policies and the Prospect for Change, Apr. 2003.
• Road to Vienna: British Government Chides International Narcotics Control Board on Cannabis Rescheduling Critique, Mar. 28, 2003.