INCB Annual Report for 2014

(…) In the conventions, States are enjoined to take measures to foster the prevention of drug abuse, treatment and social reintegration, including as alternatives to punitive sanctions.

(…) While the determination of specific sanctions applicable to drug-related offences remains the prerogative of States, the Board again encourages those States which retain and continue to impose the death penalty for drug-related offences to consider abolishing the death penalty for such offences.

(…) Governments must strive to achieve a well-functioning national and international system for managing the availability of narcotic drugs and psychotropic substances that provides relief from pain and suffering by ensuring the safe delivery of affordable drugs to those patients who need them while preventing overprescription and the diversion of drugs for the purpose of abuse.

10. The outcome of a comprehensive, integrated and balanced approach to addressing the world drug problem must be not only to prevent (or at least significantly reduce) illicit production of, trafficking in and use of narcotic drugs and psychotropic substances, but also to facilitate the availability of controlled substances for medical and scientific purposes. Properly implemented, such an approach must lead to an optimal balance between restrictive and facilitating measures so as to ensure the health and welfare of humankind and reduce human suffering.

11. Ensuring the availability of controlled substances for medical and scientific purposes is a fundamental objective of the drug control system and an obligation of States parties under the international drug control conventions. The 1961 Convention, as amended by the 1972 Protocol, and the 1971 Convention stress that medical use of narcotic drugs and psychotropic substances is indispensable for the relief of pain and suffering and that adequate provision must be made to ensure the availability of internationally controlled substances for medical and scientific purposes. Article 9 of the 1961 Convention, as amended by the 1972 Protocol, expressly stipulates that States parties are responsible for ensuring the availability of narcotic drugs for licit purposes, and gives the Board the mandate to monitor the availability of controlled substances for legitimate purposes.

14. A proper application of the international drug control conventions and the implementation of a comprehensive, integrated and balanced approach to addressing the world drug problem would promote access to appropriate amounts of controlled substances for medical and scientific purposes and prevent the non-legitimate and excessive use of such substances.

19. (…) A comprehensive approach to the demand aspect of the drug problem implies the involvement and cooperation of various actors, including educational and religious institutions; health-care, social-care, justice, enforcement and employment agencies; non-governmental organizations; and relevant civil society entities. It also implies the coordination of all of these actors, and should take full advantage of the expertise and activities of non-governmental and civil society organizations.

27. (…) In order to achieve optimal results and to reflect the needs of targeted populations, the development programmes must ensure the full participation of affected communities, as well as national, regional and local authorities, civil society organizations and all other relevant stakeholders, at every stage, from planning to implementation to monitoring to evaluation.

35. One of the common elements in all declarations, action plans and resolutions that underline the principle of a comprehensive, integrated and balanced approach to addressing the world drug problem is the commit­ment to ensuring compliance with human rights norms. Human rights has been highlighted as a crosscutting issue for international drug policy, notably with regard to supply reduction, demand reduction and international cooperation. Even without such references, it is clear that the human rights conventions form an important clus­ter of binding international legislation that needs to be taken into consideration while implementing any inter­national treaty, be it related to drugs, corruption or the environment, among other things.

38. Member States should give due consideration to the human rights norms relevant in the context of each element of a comprehensive, integrated and balanced approach, according to their legal obligations. They should also, if necessary, seek out the advice of human rights treaty bodies for the implementation of such norms.

40. (b) All of the elements of such an approach need to be dealt with in a balanced, multidisciplinary and comprehensive manner, involving cooperative efforts from various stakeholders at the national, regional and international levels, and could benefit from the experience and activities of religious institutions, religious leaders and relevant non-governmental and civil society organizations. To that end, the Board invites Governments to ensure and encourage the participation and cooperation of all relevant stakeholders in the strategic planning, implementation and monitoring of their drug control policies;

40. (c) The Board invites Governments to give due consideration to their obligation to ensure the availability of controlled substances for medical and scientific purposes. It is recommended that Member States continue and enhance their cooperation with the Board, WHO and other relevant stakeholders in this area, and make full use of the Board’s 2010 special report entitled Availability of Internationally Controlled Drugs: Ensuring Adequate Access for Medical and Scientific Purposes, and the 2012 Guide on Estimating Requirements for Substances under International Control, developed by the Board and WHO, which is aimed at assisting competent national authorities in calculating the quantities of controlled substances required for medical and scientific purposes and in preparing the estimates and assessments of annual requirements for controlled substances;

(g) (…) The Board also invites those entities to use their capacities to promote the dual aim of the drug control system, namely to ensure the availability of controlled substances for medical and scientific purposes while preventing, significantly reducing or eliminating the illicit production of, trafficking in and abuse of such substances;

159. In order to gain as comprehensive an overview as possible, the Board meets with senior officials from various institutional stakeholders at the political and regulatory levels within the country. In addition, the Board requests that the mission programme include visits to drug treatment facilities and social reintegration initiatives. Recognizing the important role played by nongovernmental organizations and other civil society groups, the Board carries out meetings with such entities, identified in consultation with the Vienna NGO Committee on Drugs, within the context of its country missions.

230. Most narcotic drugs and a large number of psychotropic substances controlled under the international treaties are indispensable in medical practice. Opioid analgesics, such as codeine and morphine, and semi-synthetic and synthetic opioids are essential for the treatment of pain. Similarly, psychotropic substances such as benzodiazepine-type anxiolytics, sedative-hypnotics and barbiturates are indispensable for the treatment of neurological and mental disorders. Pharmaceutical preparations containing internationally controlled substances play an essential role in relieving pain and suffering.

241. (…) The Board also encouraged all Governments to promote the rational use of internationally controlled substances, in accordance with the pertinent recommendations of WHO.

547. (…) The Board wishes to draw attention to its statement of 4 March 2014, in which it encouraged States that retain and continue to impose the death penalty for drug related offences to consider abolishing the death penalty for such offences.