Treaty Compliance

 

Promoting the consistent application of the international drug control treaties

In discharging its mandate under the international drug control treaties, the Board maintains an ongoing dialogue with Governments through various means, such as regular consultations and country missions. That dialogue has been instrumental to the Board's efforts to assist Governments in complying with the provisions of the treaties. The Convention Evaluation Section of the INCB Secretariat assists the Board in these task. In addition, the Section publishes a Newsletter of INCB.

 

Evaluation of overall treaty compliance

The Board reviews on a regular basis the drug control situation in various countries and Governments' overall compliance with the provisions of the international drug control treaties. The review covers various aspects of drug control, including the functioning of national drug control administrations, the adequacy of national drug control legislation and policy, measures taken by Governments to combat drug trafficking and abuse, and Governments' fulfilment of their reporting obligations under the treaties.

The findings of the review, as well as the Board's recommendations for remedial action, are conveyed to the Governments concerned as part of the ongoing dialogue between the Board and Governments to ensure that the international drug control treaties are fully implemented.

 

Country missions

In pursuing its mandate under the international drug control treaties and as part of its ongoing dialogue with Governments, the Board undertakes a number of country missions every year to discuss with competent national authorities measures taken and progress made in various areas of drug control. The missions provide the Board with an opportunity to obtain not only first-hand information, but also a better understanding of the drug control situation in each country it visits, thereby enabling the Board to provide Governments with relevant recommendations and to promote treaty compliance.

 

Evaluation of the implementation by Governments of recommendations made by the Board following its country missions

As part of its ongoing dialogue with Governments, the Board conducts, on a yearly basis, an evaluation of Governments' implementation of the Board's recommendations pursuant to its country missions.

 

Evaluation of the implementation by Governments of the recommendations made by the Board in its annual reports

In an effort to achieve the aims of the international drug control treaties, the Board conducts from time to time an evaluation of implementation of the Board's recommendations published in its annual reports. The evaluations are conducted on the basis of information received from the countries and territories responding to the questionnaire developed for that purpose, as well as information available to the Board regarding treaty adherence and Governments' compliance with control measures.

 

Actions taken by the Board

Over the years, the Board has invoked article 14 of the 1961 Convention and/or article 19 of the 1971 Convention with respect to a limited number of States. The Board's objective has been to encourage compliance with those Conventions when other means have failed. In 2000, the Board invoked article 14 of the 1961 Convention as amended by the 1972 Protocol with respect to Afghanistan, in view of the widespread illicit cultivation of opium poppy in that country. Afghanistan is currently the only State for which action is being taken pursuant to article 14 of the 1961 Convention as amended by the 1972 Protocol.

Article 14 of the 1961 Convention (and that Convention as amended by the 1972 Protocol) and article 19 of the 1971 Convention set out measures that the Board may take to ensure the execution of the provisions of those Conventions. Such measures, which consist of increasingly severe steps, are taken into consideration when the Board has reason to believe that the aims of the Conventions are being seriously endangered by the failure of a State to carry out their provisions. The States concerned are not named until the Board decides to bring the situation to the attention of the parties, the Economic and Social Council and the Commission on Narcotic Drugs (as in the case of Afghanistan). Apart from Afghanistan, the States concerned have taken sufficient remedial measures so that the Board was able to terminate action taken under those articles vis-à-vis those States.

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