Bolivia's government has informed the United Nations it is renouncing the world body's anti-drug convention because it classifies coca leaf as an illegal drug, the Foreign Ministry said Thursday. Bolivia's decision comes after a proposal by President Evo Morales to remove language obliging countries that have signed the convention to ban the chewing of coca leaves was rejected following U.S. objections.
The Bolivian government formally notified the UN Secretary General of its withdrawal from the 1961 Single Convention on Narcotic Drugs (as amended by the 1972 Protocol) yesterday. The withdrawal will enter into effect on 1 January 2012. At that time, Bolivia will re-accede to the Convention with a reservation on the coca leaf and its traditional uses.
Bolivia’s denunciation of the 1961 Single Convention on Narcotic Drugs is not just about one treaty. It is about finding an appropriate balance between multiple concurrent and conflicting international legal obligations. When international treaties ratified by or acceded to by Bolivia and relevant jurisprudence are taken into account, it is clear that Bolivia would find itself in breach of multiple international agreements were it to fully implement the 1961 Single Convention as written. A reservation on the 1961 Single Convention is the most reasonable and proportionate way to address this conflict.
Bolivia initially proposed an amendment to article 49, deleting the therein contained obligation that “coca leaf chewing must be abolished”. The article allowed countries only a temporary exemption, but coca chewing had to be phased out in any case within 25 years which expired end 1989 (the 1961 Convention entered into force in December 1964). By the closure of the January 31, 2011, deadline to file objections to the Bolivian amendment, 18 objections were submitted (though the one from Ukraine seemingly did not arrive in time).