United Nations Commission on Narcotic Drugs

File:C.H.L. Sharman (cropped).jpg

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,{{Cite web |title=Bulletin on Narcotics – Volume LIX, nos. 1 and 2, 2007 |url=https://www.unodc.org/unodc/en/data-and-analysis/bulletin_2007-01-01_1.html |access-date=2022-02-28 |website=United Nations : Office on Drugs and Crime |language=en}} which met from 1921 to 1940.{{Cite journal |last1=Bayer |first1=István |last2=Ghodse |first2=Hamid |date=1999 |title=Evolution of international drug control, 1945–1995 |url=https://www.unodc.org/unodc/en/data-and-analysis/bulletin/bulletin_1999-01-01_1_page003.html |journal=Bulletin on Narcotics |volume=LI |issue=1 & 2 |pages=003 |via=UNODC}}

After the World War II, the Commission on Narcotic Drugs was established as early as 1946, by ECOSOC resolution 9(I).{{Cite web |last=ECOSOC |date=1946 |title=Resolution of the Economic and Social Council on 16 February 1946 on the establishment of a Commission on Narcotic Drugs... |url=https://www.unodc.org/documents/commissions/CND/Index/ECOSOC_Res-9I_E.pdf |website=United Nations Office on Drugs and Crime}} 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. 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.{{Cite journal |date=11 December 1946 |title=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) |url=https://digitallibrary.un.org/record/3858565 |journal=United Nations Digital Library |language=en}}

At first, CND's mandate was to assist ECOSOC in supervising the application of international conventions and agreements dealing with narcotic drugs. 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.{{cite web |last=United Nations General Assembly |date=1991 |title=United Nations International Drug Control Programme: Resolution adopted by the General Assembly [A/RES/46/104] |url=https://www.un.org/documents/ga/res/46/a46r104.htm |website=United Nations |publisher=United Nations General Assembly}}

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.{{cite web | title= E/RES/1999/30 | url= https://www.unodc.org/documents/commissions/CND/Drug_Resolutions/1990-1999/1999/ECOSOC_Res-1999-30.pdf | publisher= United Nations Economic and Social Council }}

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.{{cite web |title=The International Drug Control Conventions |url=https://www.unodc.org/documents/commissions/CND/Int_Drug_Control_Conventions/Ebook/The_International_Drug_Control_Conventions_E.pdf |publisher=United Nations Office on Drugs and Crime}}

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.{{cite web | title= Schedules and Tables of the international drug control conventions | url= https://www.unodc.org/unodc/en/commissions/CND/conventions.html | publisher= United Nations Office on Drugs and Crime | access-date= 5 August 2019 | archive-date= 17 March 2014 | archive-url= https://web.archive.org/web/20140317082038/http://www.unodc.org/unodc/en/commissions/CND/conventions.html | url-status= dead }} 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.{{cite web | title= The International Drug Control Conventions | url= https://www.unodc.org/documents/commissions/CND/Int_Drug_Control_Conventions/Ebook/The_International_Drug_Control_Conventions_E.pdf | publisher= United Nations Office on Drugs and Crime}} 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.{{cite web | title= The International Drug Control Conventions | url= https://www.unodc.org/documents/commissions/CND/Int_Drug_Control_Conventions/Ebook/The_International_Drug_Control_Conventions_E.pdf | publisher= United Nations Office on Drugs and Crime}}

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).{{cite web |title=Scheduling procedures |url=https://www.unodc.org/unodc/en/commissions/CND/Mandate_Functions/scheduling-procedures.html |url-status=dead |archive-url=https://web.archive.org/web/20190805083312/https://www.unodc.org/unodc/en/commissions/CND/Mandate_Functions/scheduling-procedures.html |archive-date=2019-08-05 |access-date= |publisher=United Nations Office on Drugs and Crime}}{{Cite book |last=UNODC Secretariat to the Governing Bodies |url=https://www.unodc.org/documents/commissions/CND/Scheduling_Resource_Material/19-11955_Drug_Conventions_eBook_2.pdf |title=Scheduling Procedures under the International Drug Control Conventions |publisher=United Nations |year=2020 |location=Vienna}}{{Cite journal |last1=Riboulet-Zemouli |first1=Kenzi |last2=Krawitz |first2=Michael A. |last3=Ghehiouèche |first3=Farid |date=29 September 2021 |title=History, Science, and Politics of International Cannabis Scheduling, 2015–2021 |url=https://papers.ssrn.com/abstract=3932639 |journal=FAAAT editions |language=en |location=Vienna |ssrn=3932639 |isbn=979-10-97087-50-0 |via=SSRN}}

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.

File:Vereinte_Nationen_in_Wien.jpg 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.{{cite web | title= Mandate and functions of the CND | url= https://www.unodc.org/unodc/en/commissions/CND/Mandate_Functions/Mandate-and-Functions_index.html | publisher= United Nations Office on Drugs and Crime}} 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,{{cite web | title= 2009 Political Declaration | url= https://www.unodc.org/documents/ungass2016/V0984963-English.pdf | publisher= United Nations Office on Drugs and Crime }} 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{{cite web | title= 2014 High-Level Review | url= https://www.unodc.org/documents/hlr//JointStatement/V1403583_E_ebook.pdf | publisher= United Nations Office on Drugs and Crime }} 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".{{cite web | title= 2016 UNGASS outcome document | url= https://undocs.org/A/RES/S-30/1 | publisher= United Nations General Assembly }}{{cite web | title= 2019 Ministerial Declaration | url= https://www.unodc.org/documents/commissions/CND/2019/Ministerial_Declaration.pdf | publisher= United Nations Office on Drugs and Crime }} 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.{{cite web | title= 2019 Ministerial Declaration | url= https://www.unodc.org/documents/commissions/CND/2019/Ministerial_Declaration.pdf | publisher= United Nations Office on Drugs and Crime }}

The CND, performing its duties as a governing body, adopts during its regular sessions resolutions{{cite web | title= Resolution of the CND | url= https://www.unodc.org/unodc/en/commissions/CND/Resolutions_Decisions/Resolutions-Decisions_2010-2019.html | publisher= United Nations Office on Drugs and Crime }} to provide policy guidance and monitors the activities of the UNODC.{{cite web | title= Resolution of the United Nations Economic and Social Council 1991/38 | url= https://documents-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/696/36/IMG/NR069636.pdf?OpenElement | publisher= United Nations Economic and Social Council }} 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.{{cite web | title= Resolution of the United Nations General Assembly A/Res/46/185 | url= https://undocs.org/A/Res/46/185 | publisher= United Nations General Assembly }}

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

The CND meets usually twice annually:

• The main session is held during a week, usually in March.
• A short reconvened session, usually held in December, addresses administrative and budget matters. During December sessions, joint meetings are held with the CCPCJ to administer the UNODC.

CND membership consists of 53 states, serving four-year terms,{{cite web | title= CND Membership | url= http://www.unodc.org/unodc/en/commissions/CND/Membership/Membership.html | publisher= UNODC | access-date=2019-08-05}}

{{cite web|url=http://www.unodc.org/unodc/en/commissions/CND/Membership/Membership.html |title=Membership |access-date=2018-08-12}} with the following distribution of seats among regions, following the United Nations Regional Groups:

• 11 for Africa;
• 11 for Asia-Pacific region;
• 10 for Latin America and the Caribbean (GRULAC);
• 6 for Eastern Europe;
• 14 for Western European and others (WEOG) states;
• 1 seat rotates between the Asia-Pacific and GRULAC every four years.

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

• From among the States Members of the United Nations and members of the specialized agencies and the Parties to the Single Convention on Narcotic Drugs, 1961;
• With due regard to the adequate representation of countries that are important producers of opium or coca leaves, of countries that are important in the field of the manufacture of narcotic drugs, and of countries in which drug addiction or the illicit traffic in narcotic drugs constitutes an important problem;
• Taking into account the principle of equitable geographical distribution.

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.

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.{{cite web | title= Resolution of the United Nations Economic and Social Council 1991/38 | url= https://documents-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/696/36/IMG/NR069636.pdf?OpenElement | publisher= United Nations Economic and Social Council }} 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".{{cite web | title= Press release | url= https://www.unodc.org/unodc/en/press/releases/2014/September/the-united-nations-office-at-vienna-unov-and-the-city-of-vienna-celebrate-35-years-of-uno-city.html | publisher= UNODC |date=2014 |access-date=2019-08-05}} The "Vienna Consensus" has however been the focus of a number of criticisms in recent years.{{Cite web |last=Pereira |first=Isabel |date=2019 |title=The Vienna Consensus is broken, and we're not going to fix it |url=https://www.dejusticia.org/en/column/the-vienna-consensus-is-broken-and-were-not-going-to-fix-it/ |access-date=2022-02-28 |website=Dejusticia |language=en-US}}{{Cite journal |last=Boister |first=Neil |date=2016 |title=Waltzing on the Vienna Consensus on Drug Control? Tensions in the International System for the Control of Drugs |url=https://www.cambridge.org/core/journals/leiden-journal-of-international-law/article/abs/waltzing-on-the-vienna-consensus-on-drug-control-tensions-in-the-international-system-for-the-control-of-drugs/9C7833471E7BCBF5F88103390D6491E2 |journal=Leiden Journal of International Law |language=en |volume=29 |issue=2 |pages=389–409 |doi=10.1017/S0922156516000078 |hdl=10289/10569 |s2cid=148150780 |issn=0922-1565|hdl-access=free }}{{Cite book |last=Bewley-Taylor |first=David R. |url=http://ebooks.cambridge.org/ref/id/CBO9781139057424 |title=International Drug Control: Consensus Fractured |date=2012 |publisher=Cambridge University Press |isbn=978-1-139-05742-4 |location=Cambridge |doi=10.1017/cbo9781139057424}}

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 {{lang|la|lex specialis}} doctrine .{{cite web | title= Detailed scheduling procedures | url= https://www.unodc.org/documents/commissions/CND/Scheduling_Resource_Material/Scheduling_procedures_detailed.pdf | publisher= UNODC|access-date=2019-08-05}} 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.

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.{{cite web |last=Transnational Institute |date=8 October 2015 |title=The UN Drug Control Conventions: a primer |url=https://www.tni.org/en/publication/the-un-drug-control-conventions#9aa |access-date=2017-03-17}}{{Cite web |last=International Drug Policy Consortium |date=2021 |title=On International Human Rights Day, UN drugs body silences UN human rights expert on ground-breaking report |url=https://idpc.net/media/press-releases/2021/12/on-international-human-rights-day-un-drugs-body-silences-un-human-rights-expert-on-ground-breaking-report |access-date=2022-02-28 |website=idpc.net |language=en}}

The CND is also criticized for leaving little room to the representation of civil society stakeholders, in particular NGOs, academics, and affected populations.{{Cite journal |last=Fordham |first=Ann |date=1 September 2020 |title=The Meaningful Participation of 'Stakeholders' in Global Drug Policy Debates—A Policy Comment |url=https://journals.openedition.org/poldev/3861 |journal=International Development Policy {{!}} Revue internationale de politique de développement |language=en |issue=12 |doi=10.4000/poldev.3861 |s2cid=225196865 |issn=1663-9375|doi-access=free }}

• ECOSOC
• The three other bodies mandated under the international drug control conventions:
• Secretary-General (United Nations Office on Drugs and Crime)
• World Health Organization
• International Narcotics Control Board
• The three international drug control conventions:
• Single Convention on Narcotic Drugs (1961)
• Convention on Psychotropic Substances (1971)
• United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988)
• Drug
• Prohibition of drugs
• Drug policy
• Drug liberalization
• Cannabis treaty scheduling
• Substance abuse prevention
• Harm reduction

{{Reflist}}

• [https://www.unodc.org/unodc/en/commissions/CND/index.html Commission on Narcotic Drugs – official website], United Nations Office on Drugs and Crime
• [https://www.unodc.org/unodc/en/commissions/CND/Resolutions_Decisions/Resolutions-Decisions_2010-2019.html Resolutions Database], United Nations Office on Drugs and Crime
• [https://www.unodc.org/unodc/en/commissions/CND/Mandate_Functions/scheduling-procedures.html Scheduling procedures] {{Webarchive|url=https://web.archive.org/web/20200219080749/http://www.unodc.org/unodc/en/commissions/CND/Mandate_Functions/scheduling-procedures.html |date=19 February 2020 }}, United Nations Office on Drugs and Crime
• [https://www.unodc.org/unodc/en/commissions/CND/conventions.html International Drug Control Conventions] {{Webarchive|url=https://web.archive.org/web/20140317082038/http://www.unodc.org/unodc/en/commissions/CND/conventions.html |date=17 March 2014 }}, United Nations Office on Drugs and Crime
• [https://sherloc.unodc.org/cld/en/v3/drugcontrolrepository/other-resources/commentaries-on-the-conventions.html Commentaries to the international drug control conventions], United Nations Office on Drugs and Crime
• Bayer, I. and Ghodse, H.: [https://web.archive.org/web/20071012111110/http://www.unodc.org/unodc/en/bulletin/bulletin_1999-01-01_1_page003.html Evolution of International Drug Control, 1945–1995], United Nations Office on Drugs and Crime.
• [https://www.unodc.org/unodc/en/data-and-analysis/bulletin/bulletin_1966-01-01_1_page002.html Twenty Years of Narcotics Control Under the United Nations], United Nations Office on Drugs and Crime, 1 January 1966.
• [https://web.archive.org/web/20050527123116/http://www.advocate.com/news_detail.asp?id=3482 U.S. and U.N. drug policy directors butt heads over needle exchanges], Associated Press, 9 March 2005

{{ECOSOC}}

{{authority control}}

Category:Drug policy organizations

Category:United Nations Economic and Social Council

Category:Organizations established in 1946