United Nations Commission on Narcotic Drugs

Last updated

Commission on Narcotic Drugs
AbbreviationCND
Formation1946;78 years ago (1946)
Type Intergovernmental organization, Regulatory body, Advisory board
Legal statusActive
Headquarters Vienna International Center, Vienna, Austria
Chairperson
Rotating every year
Parent organization
UN ECOSOC
Subsidiaries FINGOV
Website CND at UNODC.org
A coloured voting box.svg Politicsportal

The Commission on Narcotic Drugs (CND) is one of the functional commissions of the United Nations' Economic and Social Council (ECOSOC), and is the central drug policy-making body within the United Nations System. The CND also has important mandates under the three international drug control conventions, alongside the three other treaty-mandated bodies: United Nations Office on Drugs and Crime (on behalf of Secretary-General), World Health Organization, and International Narcotics Control Board. [1]

Contents

History

Charles Henry Ludovic Sharman (pictured 1938) was the CND's first chair C.H.L. Sharman (cropped).jpg
Charles Henry Ludovic Sharman (pictured 1938) was the CND's first chair

Under the League of Nations, the predecessor of the CND was the Advisory Committee on the Traffic in Opium and Other Dangerous Drugs, established by the first Assembly of the League of Nations on 15 December 1920, [2] which met from 1921 to 1940. [3]

After the World War II, the Commission on Narcotic Drugs was established as early as 1946, by ECOSOC resolution 9(I). [4] Initially, the CND was composed of only 15 countries "Members of the United Nations, which are important producing or manufacturing countries or countries in which illicit traffic in narcotics constitutes a serious social problem."

The first members were Canada, Chinese Taipei, Egypt, France, India, Iran, Mexico, the Netherlands, Peru, Poland, Turkey, the UK, US, USSR, and Yugoslavia. [4] The CND first met in December 1946 under the chairmanship of Canadian ambassador Charles Henry Ludovic Sharman. At its first meeting, the CND resolved to take over all powers and mandates related to drugs previously held by the League of Nations. [5]

At first, CND's mandate was to assist ECOSOC in supervising the application of international conventions and agreements dealing with narcotic drugs. [4] In December 1991, General Assembly resolution 46/104 assigned the CND the additional role of the governing body of the United Nations International Drug Control Programme, nowadays administered by the United Nations Office on Drugs and Crime. [6]

Work and mandate

The Commission on Narcotic Drugs has two distinct mandate areas:

  1. Treaty-based and normative functions under the international drug control conventions,
  2. Operational, policy-guidance functions as the governing body of the United Nations International Drug Control Programme, which is administered by the United Nations Office on Drugs and Crime. [7]

Normative functions

The CND is the prime policymaking body in the field of international drug control policy.

The CND may make recommendation for the implementation of the Conventions, according to article 8 of the 1961 Convention and article 17 of the 1971 Convention. [8]

Drug scheduling decisions

Under the international drug control conventions (namely: 1961 Single Convention on Narcotic Drugs, 1961 Convention on Psychotropic Substances, 1988 Convention against Illicit Traffic), the Commission on Narcotic Drugs is mandated to decide on the scope of control of substances:

  • Narcotic drugs are placed under international control by including them in one of the four schedules of the 1961 Convention (simple majority vote), upon recommendation of the WHO;
  • Psychotropic substances are placed under international control by including them in one of the four schedules of the 1971 Convention (2/3rd majority vote), upon recommendation of the WHO;
  • Precursors are placed under international control by including them in one of the two tables of the 1988 Convention, upon recommendation of the INCB.

Each schedule and table entails a specific control regime. [9] According to article 3 of the 1961 Convention, article 2 of the 1971 Convention and article 12 of the 1988 Convention, the CND decides on the addition of substances to the schedules/tables, as well as the transfer or deletion of substances. [10] After the votes, States Parties can request a review of the scheduling decisions of the CND by the ECOSOC following article 3 (8) of the 1961 Convention, article 2 (8) of the 1971 Convention and article 12 (7) of the 1988 Convention. [11]

Proposals to change the scope of control of substances can only be made by the World Health Organization (for the 1961 and 1971 Conventions) and the International Narcotics Control Board (for the 1988 Convention). [12] [13] [14]

In 2020, the commission was brought to public attention when voting upon the removal of cannabis and cannabis resin from Schedule IV of the Single Convention on narcotic drugs, 1961.

Policy guidance

United Nations Office at Vienna where the Commission meets Vereinte Nationen in Wien.jpg
United Nations Office at Vienna where the Commission meets

The Commission on Narcotic Drugs provides policy guidance for the United Nations International Drug Control Programme, managed by the United Nations Office on Drugs and Crime (UNODC). It also prepares and monitors policy documents addressing the world drug problem. [15] The main policy documents of the preceding decade are the 2009 Political Declaration and Plan of Action on International Cooperation towards an Integrated and Balanced Strategy to Counter the World Drug Problem, [16] the Joint Ministerial Statement of the 2014 high-level review by the Commission on Narcotic Drugs of the implementation by Member States of the Political Declaration and Plan of Action [17] and the outcome document of the thirtieth special session of the General Assembly, entitled "Our joint commitment to effectively addressing and countering the world drug problem". [18] [19] In March 2019, the CND adopted a Ministerial Declaration, in which it committed to accelerating the full implementation of these three policy documents and resolved to review the progress in implementing all international drug policy commitments in 2029, with a mid-term review in 2024. [20]

The CND, performing its duties as a governing body, adopts during its regular sessions resolutions [21] to provide policy guidance and monitors the activities of the UNODC. [22] It further approves, based on a proposal of the executive director, the budget of the United Nations International Drug Control Programme, administered by the UNODC. [23]

The CND, together with the Commission on Crime Prevention and Criminal Justice, is the governing body of the UNODC.

Meetings

The CND meets usually twice annually:

Membership and decision making

CND membership consists of 53 states, serving four-year terms, [24] [25] with the following distribution of seats among regions, following the United Nations Regional Groups:

ECOSOC resolutions 845(XXXII) and 1147(XLI) provide that members are elected:

Other countries not among the 53 CND Members are still allowed to attend CND meetings and negotiate decisions and resolutions: CND membership only allows to table new drafts, and vote on scheduling recommendations.

Decision-making procedure

The CND is an intergovernmental body made up of sovereign states rather than individuals. Decisions and resolutions are taken following the Rules of Procedure of the Functional Commissions of ECOSOC. [26] Notwithstanding the rules of procedure, the Commission usually adopts decisions by consensus in the "Vienna spirit" that has been described by Yuri Fedotov (former UNODC Executive-Director) as: "the willingness and dedication of all concerned to pull together to find joint solutions, even on the most difficult topics". [27] The "Vienna Consensus" has however been the focus of a number of criticisms in recent years. [28] [29] [30]

Scheduling decisions under the international drug control conventions are governed by the rules of procedure contained in the 1961, 1971, and 1988 Conventions respectively, as they supersede following the lex specialis doctrine . [31] Nonetheless, the CND sometimes disregards both ECOSOC rules of procedure and treaty-based requirements, as was the case during the considerations of WHO recommendations on cannabis and cannabis-related substances. [14]

Criticism

Being composed of government and ministerial representatives with permanent mission in Vienna, the Commission on Narcotic Drugs is regarded more of a political commission as opposed to a group of experts, which is why many discussions and negotiations are not based on in-depth knowledge on drug policy issues. In addition, decisions taken within the CND are primarily outcomes of time-consuming political negotiations which need to result in a consensus, allowing policy perspectives to be pushed aside by political interests of certain stakeholders.

Another aspect of criticism of the CND is related to the bureaucratic nature of the commission's working process. While the CND focuses on the issue of drugs (a multidisciplinary topic which also concerns human rights, health, development, or environmental issues) the CND rarely establishes coordination with other relevant UN agencies such as the Joint UN Programme on HIV/AIDS (UNAIDS), the Human Rights Council and High Commissioner for Human Rights (OHCHR), the World Health Organization, the United Nations Development Programme, UN Permanent Forum on Indigenous Issues, etc. [32] [33]

The CND is also criticized for leaving little room to the representation of civil society stakeholders, in particular NGOs, academics, and affected populations. [34]

See also

Related Research Articles

<span class="mw-page-title-main">Misuse of Drugs Act 1971</span> United Kingdom legislation

The Misuse of Drugs Act 1971 is an act of the Parliament of the United Kingdom. It represents action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

<span class="mw-page-title-main">United Nations Office on Drugs and Crime</span> Intergovernmental organization

The United Nations Office on Drugs and Crime is a United Nations office that was established in 1997 as the Office for Drug Control and Crime Prevention by combining the United Nations International Drug Control Program (UNDCP) and the Crime Prevention and Criminal Justice Division in the United Nations Office at Vienna, adopting the current name in 2002.

<span class="mw-page-title-main">Single Convention on Narcotic Drugs</span> 1961 international treaty regulating narcotic drugs

The Single Convention on Narcotic Drugs, 1961 is a United Nations treaty that controls activities of specific narcotic drugs and lays down a system of regulations for their medical and scientific uses; it also establishes the International Narcotics Control Board.

The International Narcotics Control Board (INCB) is an independent treaty body, one of the four treaty-mandated bodies under international drug control law.

The expression International Opium Convention refers either to the first International Opium Convention signed at The Hague in 1912, or to the second International Opium Convention signed at Geneva in 1925.

<span class="mw-page-title-main">United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances</span> Drug control treaty

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 Psychotropic Substances. The Convention entered into force on November 11, 1990. As of June 2020, there are 191 Parties to the Convention. These include 186 out of 193 United Nations member states and the Holy See, the European Union, the Cook Islands, Niue, and the State of Palestine.

<span class="mw-page-title-main">Antonio Maria Costa</span>

Antonio Maria Costa is an Italian economist. He lives in Vienna and Brussels.

<span class="mw-page-title-main">Anti-Narcotics Force</span> Federal executive bureau of Pakistan

The Anti-Narcotics Force is a federal executive bureau and a paramilitary force of the Government of Pakistan, tasked with combating the narcotics smuggling and use within Pakistan. ANF works under the umbrella of Pakistan Army and Ministry of Narcotics Control (Pakistan) of which Mohsin Raza Naqvi is the minister since March 2024. Due to misconception on Section 4 of ANF ACT 1997, the force's head consisted of the active-duty general officer of Pakistan Army. Although the law prescribes that any competent person may be appointed as Director-General. Currently, a two-star Army Officer, Major general Muhammad Aniq Ur Rehman Malik is deputed as Director-General. The ANF also has sole responsibility for coordinating and pursuing Pakistan narcotics investigations abroad.

A drug policy is the policy regarding the control and regulation of psychoactive substances, particularly those that are addictive or cause physical and mental dependence. While drug policies are generally implemented by governments, entities at all levels may have specific policies related to drugs.

<span class="mw-page-title-main">Convention on Psychotropic Substances</span> 1971 UN treaty to regulate recreational drugs

The Convention on Psychotropic Substances of 1971 is a United Nations treaty designed to control psychoactive drugs such as amphetamine-type stimulants, barbiturates, benzodiazepines, and psychedelics signed in Vienna, Austria on 21 February 1971. The Single Convention on Narcotic Drugs of 1961 did not ban the many newly discovered psychotropics, since its scope was limited to drugs with cannabis, coca and opium-like effects.

Jonathan Lucas was a former United Nations civil servant. He was appointed Secretary of the International Narcotics Control Board (INCB) in 2010 in replacement of Koli Kouame.

<span class="mw-page-title-main">Dagga Couple</span>

The Dagga Couple or DC is a pro-cannabis lobbyist organisation from South Africa founded by Julian Stobbs and Myrtle Clarke after the two were arrested for the possession and dealing in the substance in 2010. Rather than plead guilty, the couple decided instead to sue seven sectors of government that maintained and enforced the policy of cannabis prohibition in the country resulting in what has been described locally as the Trial of the Plant in 2017.

Cannabis in Jordan is illegal. In 2018, Anwar Tarawneh, Director of the Anti-Narcotics Department (AND) reported that "marijuana is the most consumed drug in Jordan", with the AND seizing 1.5 tonnes of cannabis that year. As Jordan is a signatory to the 1961 United Nations Single Convention on Narcotic Drugs.

<span class="mw-page-title-main">Cannabis and international law</span>

The status of cannabis in international law is a century-old history. Cannabis reform at the international level refers, in the 20th century, to efforts to increase restrictions on cannabis use under international treaties; in the 21st century, generally to efforts to ease or update such restrictions.

<span class="mw-page-title-main">United Nations Commission on Crime Prevention and Criminal Justice</span>

The Commission on Crime Prevention and Criminal Justice (CCPCJ) is a functional commission of the United Nations Economic and Social Council (ECOSOC) based in Vienna. The commission serves as the primary organ that guides the activities of the United Nations in the fields of crime prevention and criminal justice.

<span class="mw-page-title-main">FAAAT think & do tank</span> Global think tank on drug policy reform

For Alternative Approaches to Addiction, Think & do tank is an international non-profit organization working on drug policy, created in 2015 and based in Paris, France.

The removal of cannabis and cannabis resin from Schedule IV of the Single Convention on narcotic drugs, 1961 is a change in international law that took place in 2021, on the basis of a scientific assessment by the World Health Organization.

Andrés Finguerut is a former United Nations civil servant, successively secretary of the UN Commission on Narcotic Drugs, secretary of the International Narcotics Control Board (2011–2020) and chief of the drug prevention and health branch at the United Nations Office on Drugs and Crime (2020–2023).

The United Nations drug control conventions, also known as the internationaldrug control conventions, are three complementary and mutually supportive drug treaties that establish the legal framework for international drug control and the war on drugs. The treaties are the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances (1971), and the Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988). Their core function is to maintain a list of controlled drugs, ensure a consistent supply of these drugs for medical and scientific purposes, and prohibit other uses. Adoption is near universal among UN member states; each party is required to implement the treaty provisions in their country's domestic law, which allows a degree of interpretative flexibility at the national level.

References

  1. ↑ "The International Drug Control Conventions" (PDF). United Nations Office on Drugs and Crime.
  2. ↑ "Bulletin on Narcotics – Volume LIX, nos. 1 and 2, 2007". United Nations : Office on Drugs and Crime. Retrieved 28 February 2022.
  3. ↑ Bayer, István; Ghodse, Hamid (1999). "Evolution of international drug control, 1945–1995". Bulletin on Narcotics . LI (1 & 2): 003 – via UNODC.
  4. 1 2 3 ECOSOC (1946). "Resolution of the Economic and Social Council on 16 February 1946 on the establishment of a Commission on Narcotic Drugs..." (PDF). United Nations Office on Drugs and Crime .
  5. ↑ "Commission on Narcotic Drugs : 1st session : resolution on the transfer to the United Nations of powers and functions formerly exercised by the League of Nations under the agreements, conventions, and protocols on narcotic drugs : adopted by the Commission on Narcotic Drugs at its meeting on 11 December 1946 (morning)". United Nations Digital Library . 11 December 1946.
  6. ↑ United Nations General Assembly (1991). "United Nations International Drug Control Programme: Resolution adopted by the General Assembly [A/RES/46/104]". United Nations. United Nations General Assembly.
  7. ↑ "E/RES/1999/30" (PDF). United Nations Economic and Social Council.
  8. ↑ "The International Drug Control Conventions" (PDF). United Nations Office on Drugs and Crime.
  9. ↑ "Schedules and Tables of the international drug control conventions". United Nations Office on Drugs and Crime. Archived from the original on 17 March 2014. Retrieved 5 August 2019.
  10. ↑ "The International Drug Control Conventions" (PDF). United Nations Office on Drugs and Crime.
  11. ↑ "The International Drug Control Conventions" (PDF). United Nations Office on Drugs and Crime.
  12. ↑ "Scheduling procedures". United Nations Office on Drugs and Crime. Archived from the original on 5 August 2019.
  13. ↑ UNODC Secretariat to the Governing Bodies (2020). Scheduling Procedures under the International Drug Control Conventions (PDF). Vienna: United Nations.
  14. 1 2 Riboulet-Zemouli, Kenzi; Krawitz, Michael A.; Ghehiouèche, Farid (29 September 2021). "History, Science, and Politics of International Cannabis Scheduling, 2015–2021". FAAAT editions . Vienna. ISBN   979-10-97087-50-0. SSRN   3932639 – via SSRN.
  15. ↑ "Mandate and functions of the CND". United Nations Office on Drugs and Crime.
  16. ↑ "2009 Political Declaration" (PDF). United Nations Office on Drugs and Crime.
  17. ↑ "2014 High-Level Review" (PDF). United Nations Office on Drugs and Crime.
  18. ↑ "2016 UNGASS outcome document". United Nations General Assembly.
  19. ↑ "2019 Ministerial Declaration" (PDF). United Nations Office on Drugs and Crime.
  20. ↑ "2019 Ministerial Declaration" (PDF). United Nations Office on Drugs and Crime.
  21. ↑ "Resolution of the CND". United Nations Office on Drugs and Crime.
  22. ↑ "Resolution of the United Nations Economic and Social Council 1991/38" (PDF). United Nations Economic and Social Council.
  23. ↑ "Resolution of the United Nations General Assembly A/Res/46/185". United Nations General Assembly.
  24. ↑ "CND Membership". UNODC. Retrieved 5 August 2019.
  25. ↑ "Membership" . Retrieved 12 August 2018.
  26. ↑ "Resolution of the United Nations Economic and Social Council 1991/38" (PDF). United Nations Economic and Social Council.
  27. ↑ "Press release". UNODC. 2014. Retrieved 5 August 2019.
  28. ↑ Pereira, Isabel (2019). "The Vienna Consensus is broken, and we're not going to fix it". Dejusticia. Retrieved 28 February 2022.
  29. ↑ Boister, Neil (2016). "Waltzing on the Vienna Consensus on Drug Control? Tensions in the International System for the Control of Drugs". Leiden Journal of International Law. 29 (2): 389–409. doi:10.1017/S0922156516000078. hdl: 10289/10569 . ISSN   0922-1565. S2CID   148150780.
  30. ↑ Bewley-Taylor, David R. (2012). International Drug Control: Consensus Fractured. Cambridge: Cambridge University Press. doi:10.1017/cbo9781139057424. ISBN   978-1-139-05742-4.
  31. ↑ "Detailed scheduling procedures" (PDF). UNODC. Retrieved 5 August 2019.
  32. ↑ Transnational Institute (8 October 2015). "The UN Drug Control Conventions: a primer" . Retrieved 17 March 2017.
  33. ↑ International Drug Policy Consortium (2021). "On International Human Rights Day, UN drugs body silences UN human rights expert on ground-breaking report". idpc.net. Retrieved 28 February 2022.{{cite web}}: |last= has generic name (help)
  34. ↑ Fordham, Ann (1 September 2020). "The Meaningful Participation of 'Stakeholders' in Global Drug Policy Debates—A Policy Comment". International Development Policy | Revue internationale de politique de développement (12). doi: 10.4000/poldev.3861 . ISSN   1663-9375. S2CID   225196865.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.