The International Narcotics Control Board (INCB) is the “independent and quasi-judicial” control organ for the implementation of the drug control treaties. The Board was created under the 1961 Single Convention and became operational in 1968. It is technically independent of Governments, as well as of the UN, with its 13 individual members serving in their personal capacities. The WHO nominates a list of candidates from which three members of the INCB are chosen, with the remaining 10 selected from a list proposed by Member governments. They are elected by the Economic and Social Council (ECOSOC) and can call upon the expert advice of the WHO.

The Board has the authority to assess legitimate scientific and medical requirements for controlled substances based on estimates from member states, and subsequently allocates quotas among Parties in an attempt to prevent leakage of drugs from licit sources into the illicit market. It also monitors compliance with the provisions of the drug control conventions. Areas of concern can be raised at different levels from individual state to the UN General Assembly. The INCB itself has no power to enforce the Conventions. However, when highlighting to the Parties, ECOSOC and the CND a perceived failure to carry out obligations under the 1961 and 1971 Conventions, the INCB can recommend to Parties that they stop the import of drugs, the export of drugs, or both, from or to the country or territory concerned. Such a sanction has never been applied and the Board has relied on the tactic of “naming and shaming” what it considers to be errant Parties in its Annual Report. Recent years have seen the INCB assume a wider role, reporting on trends in drug trafficking and illicit use, monitoring precursor chemicals in line with the provisions of the 1988 Convention, and commenting on policy developments within UN Member States. Read more.

IDPC workplan for the period 2010-2011

We will continue to call for a change in the modus operandi of the Board, both in terms of its methods of operation, and its approaches to policy issues. Despite significant variation in member states’ handling of drug policy issues and the movement of the debate towards more health and social inclusion approaches to drug problems in many parts of the world, the INCB remains wedded to outdated methods of operation – limited membership, lack of transparency – and policy positions – acting as a guardian of the original spirit of the Conventions, rather than an enabler of debate and reform between member states and the international system.

We will promote these calls for modernisation through the publication of a response to the INCB Annual Report, and a briefing paper produced on the appointment of the new INCB Secretary. Later in 2010, we will produce a report analysing examples of how the INCB has engaged with member states on specific issues, and making recommendations on how these engagements could be more productive in the future.