Re: statement for the fifty-sixth session of the International Narcotic Control Board

In accordance with paragraphs 36 of Economic and Social Council resolution 1996/31 of 26 July 1996, the Transnational Radical Party, a non-governmental organization in consultative status (general) with the Economic and Social Council of the United Nations, has the honor to submit to your attention the draft statement enclosed.

The draft statement concerns the Agenda item regarding the Draft Report of the International Narcotics Control Board for 1998.

In accordance with paragraph 37 of ECOSOC resolution 1996/31, we will give due consideration to any comments that the Secretary-General may make before transmitting the statement in final form.

STATEMENT

The Transnational Radical Party (TRP) is fully aware of the important role played by the International Narcotic Control Board (INCB) in implementing the international drug control treaties.

This role is linked to the "responsibility of the Board to monitor and promote compliance by Governments with the provisions of the international drug control treaties and to assist them in fulfil their obligations under those treaties".

We strongly believe that the independent and quasi-judicial function of the body should be kept fully separated by any political evaluation regarding national strategies on the fight against drugs.

Regarding this aspect we consider that in its report for 1997 the INCB has expressed political views that go beyond its statutory non-political mandate, risking in our view to unduly limit the development of a serene debate on the drugs issue.

The report for 1997 quotes Article 3 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, which refers to "publicly inciting or inducing others, by any means, to commit any of the offences established in accordance with this article or to use narcotic drugs or psychotropic substances illicitly" and requires each party to establish such conduct as a criminal offence under its domestic law.

The report recognizes that "In some countries, the criminalization of public incitement to use drugs illicitly may run counter to guarantees of freedom of expression, either included in the constitution or embodied in statute law, judicial decisions or customary practice" and that "It should, however, be the duty of States to find a practical way of conciliation between the contradictory exercise of rights."

But the INCB decided to point directly the finger at a certain kind of "popular culture", "Media", "internet" and, something we believe is very worrying, "political campaigns".

We would like to draw the attention of the INCB to the following paragraphs:

"Election campaigns have been conducted with candidates standing for parliament on a drug legalization platform. Some of the candidates for the European Parliament stood on such a platform and were successful. Thus, they were able to use their access and influence to win others over to their cause. Some campaigns, such as the successful campaigns for the "medical" use of cannabis in Arizona and California in the United States of America, have sought to change the law...Although the vast majority of such campaigns center on legalization, decriminalization or use of cannabis for "medical" purposes, there are organizations promoting the legalization of the non-medical use of the drugs; some are even promoting the legalization of all drugs."

"[the Swiss Government] claimed that, for a limited number of addicts who could not be reached by other means, the medical distribution of heroin, accompanied by health and social support services, led to some positive results. The Board is concerned that the announcement of those results and a subsequent national referendum on the Swiss drug policy have led to misinterpretation and hasty conclusions by some politicians and the media in several European countries".

TRP believes that to express judgements regarding national and international political debate is not included in the mandate of the INCB, unless the INCB considers that this political debate represents a form of public incitement to use drugs illicitly.

We consider that to equal the public incitement to use drugs and the proposals for alternative politics to the current ones, pointing the finger at those deputies supporting these policies, constitutes an attack against the European Parliament, the Constitutions of States, and in short, to democracy itself.

Prohibiting the political debate about the regulation of drugs and the scientific debate about the harm of these substances can provoke, is an extremely grave fact. It would be against the interest of individuals, against their right to be informed and to know, both preconditions to chose responsibly.

It is not only the opinion of an antiprohibitionist organization, as we are. Let us quote the exact words pronounced by the Finnish delegate at the Forty First session of the Commission on Narcotic Drugs:

"Finland represents a very restrictive drug policy line. We consider, however, that it would be unfair to label all those who are of different opinion as being in favor of drugs. If we feel that we are the losers in the debate with the free press, it is best to check our own arguments and the ways in which they are presented."

There is not much to add to this statement, nevertheless we take this opportunity to respectfully submit to you distinguish members of the INCB, the solemn declaration promoted by the Radical Antiprohibitionist Coordination and signed by 21 Members of the European Parliament from different countries and political groups.

We hope that our considerations could be taken in considerations in drafting the report for 1998.

SOLEMN DECLARATION

We, the undersigned parliamentarians, notwithstanding the different opinions on drug laws, taking into account the considerations expressed in this regard in the 1997 INCB REPORT.

WE DECLARE SOLEMNLY

- that civil and political rights and freedom of expression of citizens, guaranteed by the Universal Declaration of Human Rights and by national constitutions, must not be violated in any way by emergency or exceptional laws.

- that the crime of "public incitement to illicit drugs use" must not be in any way invoked in order to impede a serene and fair debate about drugs policies and laws.

- that stigmatizing the work of Members of Parliaments in favor of legalization of drugs constitutes an unjustified intervention in the democratic life of institutions and of the members that are part of it because freely elected by the people.

LIST OF THE FIRST SIGNATORIES:

Adelaide AGLIETTA, Italy

Ernesto CACCAVALE, Italy

Carlos CARNERO, Spain

Danielle DARRAS, France

Gianfranco DELL'ALBA, Italy

Olivier DUPUIS, Belgium

Laura GONZALEZ ALVAREZ, Spain

Michelle LINDEPERG, France

Lucio MANISCO, Italy

Jose Maria MENDILUCE PEREIRO, Spain

Pierre PRADIER, France

Carlo RIPA DI MEANA, Italy

Claudia ROTH, Germany

Angela SIERRA GONZALEZ, Spain

Maria SORNOSA, Spain

Gianni TAMINO, Italy

Wolfgang ULLMANN, Germany

Nel Van DIJK, Netherlands

Helena VAZ DA SILVA, Portugal

Luigi VINCI, Italy,