L'IDPC aborde les tensions auxquelles est confronté l'OICS, et le régime mondial de contrôle des drogues dans son ensemble, en relation avec le nombre croissant de juridictions adoptant des marchés légalement réglementés, et conclut sur la nécessité d'une réforme et d'une modernisation. Pour en savoir plus, en anglais, veuillez lire les informations ci-dessous.

In its Annual Report for 2021, the International Narcotics Control Board (INCB) presents an impressive overview of the state of international drug control relative to the provisions of the UN drug control conventions. In so doing, it continues to demonstrate a welcome adjustment of position on a range of issues relating to human rights and a more general growing and implicit appreciation for the operation of the global drug control regime within a web of interlocking – and often conflictual – regime complexes.

Within this context, and a multilateral system where treaty breaches in one form or another are an unexceptional feature of international law, the INCB is playing an increasingly pivotal role in responding to the adoption of regulated cannabis markets for adult recreational use by a growing number of parties, counter to the provisions of the Conventions; a topic to which the Report for 2021 devotes significant attention.

Although not mentioned explicitly within the Report in relation to cannabis, recent comments by the INCB President in relation to regulated markets highlight the Board’s power to deploy enforcement measures if, under Article 14 of the Single Convention, it has ‘objective reasons to believe that the aims of this Convention are being seriously endangered by reason of any Party, country, or territory to carry out the provisions of this Convention’.

Article 14, as with Article 19 of the 1971 Convention, constitutes what can be regarded as a fourstage escalation ladder and accompanying range of actions that begin with dialogue and consultations and increase in severity depending on the responses of national governments to INCB requests and proposals. Ultimately, as part of a ‘name and shame’ process, having drawn the attention of the Parties, the Commission on Narcotic Drugs (CND or Commission) and the Economic and Social Council (ECOSOC or Council) to the matter, the Board may recommend an import and export embargo on licit drugs from or to the country concerned. Although never reaching this stage, this is often considered the Board’s ‘nuclear option’. Such potential measures can be seen as remedial and preventative, performing both a deterrent and corrective function.

The confidential nature of much of the Article 14 procedure makes analysis of possible implications challenging. Nonetheless, it is clear that its application relative to regulated cannabis markets would take the Board and Parties to the Conventions into complex and uncharted territory.

In responding to any implementation by the Board of the Article 14 procedure, it seems unwise for governments to simply dismiss its mandate or seek legal loopholes. Both actions are not cost free, both in terms of drug control and respect for international law more broadly. Recognising the benefits of regulated cannabis markets, national authorities would be better advised to accept that the treaties are not infinitely flexible and work towards regime reform and modernisation. Similarly, considering the contemporary political realities of the issue at hand, the INCB should avoid a rigid ‘treaties say no’ approach, carefully weigh up its deployment of Article 14 and use, in close consultation with Parties, its considerable expertise to consider all options available to resolve increasing systemic tensions.

(Re)framing regime performance: A critique of the INCB report for 2020

The INCB on human rights: A critique of the report for 201

The INCB on cannabis: A critique of the report for 2018

IDPC response to the 2017 INCB Annual Report

IDPC response to the 2016 INCB Annual Report

IDPC response to the 2015 INCB Annual Report

IDPC response to the 2014 INCB Annual Report

IDPC response to the 2013 INCB Annual Report

IDPC response to the 2012 INCB Annual Report

IDPC response to the 2011 INCB Annual Report

IDPC response to the 2010 INCB Annual Report

IDPC response to the 2009 INCB Annual Report

IDPC response to the 2008 INCB Annual Report

IDPC response to the 2007 INCB Annual Report

Le spectre de l'article 14 : le rapport de l'OICS pour 2021, les marchés réglementés du cannabis et les potentielles mesures d'application

Une action urgente est nécessaire pour s’assurer que les systèmes nationaux améliorent l’accès aux médicaments placés sous control pour les personnes en situation d’urgence, y compris dans le cas d’une pandémie. Pour en savoir plus, en anglais, veuillez lire les informations ci-dessous.

Access to controlled medicines in humanitarian emergencies remains constrained

Recognizing World Humanitarian Day 2021, the International Narcotics Control Board (INCB), the United Nations Office on Drugs and Crime (UNODC) and the World Health Organization (WHO) once again call on governments to facilitate access to medicines containing controlled substances in emergency settings, including during pandemics and the increasing number of climate-related disasters.

The theme of World Humanitarian Day 2021 acknowledged the impact of climate-related emergencies. Over 7,348 disasters have been reporting in the last two decades of which 40% are now estimated to be climate-related according to United Nations reports. The impact of their increasing number combined with the persistent COVID-19 pandemic creates a complex landscape for ensuring access to controlled medicines in emergencies.

A year after an earlier joint statement, unprecedented trade restrictions, shortages of medicines, surges in infections, and new variants of SARS-CoV-2 compound the problems related to maintaining a supply of controlled medicines, according to WHO and the World Trade Organization.

The problem of access to controlled medicines in emergencies

There is an increase in demand for controlled medicines in emergency responses. Since the beginning of the COVID-19 pandemic, WHO has identified over 20 medicines with global-level shortages, including four that contain controlled substances that are used in intensive care units for the treatment of severe cases of COVID-19. Internationally controlled medicines such as morphine, diazepam, and midazolam listed as WHO essential medicines, are vital for the management of pain, palliative care, surgical care and anesthesia, and treatment of drug-use disorders, mental health, and neurological conditions.

Shortages impact countries of all income levels. Low- and middle-income countries (LMIC) are often disproportionately impacted by shortages--partly related to their relative purchasing power in international medicines markets and partly because specialized systems to manage controlled medicines do not always accommodate sufficient exceptions for emergencies.

Urgent action is needed to ensure that national systems improve access to controlled medicines for people affected by emergencies, including pandemics, and climate-related disasters.

Organe international de contrôle des stupéfiants

Le spectre de l'article 14 : le rapport de l'OICS pour 2021, les marchés réglementés du cannabis et les potentielles mesures d'application

Déclaration commune de l'OICS, de l'ONUDC et de l'OMS sur l'accès aux médicaments placés sous contrôle dans les situations d'urgence