After the World War II, the Commission on Narcotic Drugs was established as early as 1946, by ECOSOC resolution 9(I).[4] 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."
At first, CND's mandate was to assist ECOSOC in supervising the application of international conventions and agreements dealing with narcotic drugs.[4] 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.[6]
The Commission on Narcotic Drugs has two distinct mandate areas:
Treaty-based and normative functions under the international drug control conventions,
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.[7]
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.[8]
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.[9] 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.[10] 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.[11]
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.[15] 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,[16] 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[17] 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".[18][19] 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.[20]
The CND, performing its duties as a governing body, adopts during its regular sessions resolutions[21] to provide policy guidance and monitors the activities of the UNODC.[22] 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.[23]
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.
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 opiumorcoca 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.[26] 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".[27] The "Vienna Consensus" has however been the focus of a number of criticisms in recent years.[28][29][30]
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 lex specialis doctrine .[31] 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.[14]
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.
The CND is also criticized for leaving little room to the representation of civil society stakeholders, in particular NGOs, academics, and affected populations.[34]