On 29 June 2011, the Bolivian government denounced the 1961 Single Convention on Narcotic Drugs as amended by the 1972 Protocol, indicating its intention to re-accede with a reservation allowing for the traditional use of the coca leaf. This decision was triggered by Bolivia’s need to balance its obligations under the international drug control system with its constitutional and other international legal commitments. The move follows the rejection of Bolivia’s proposal to amend the Single Convention by deleting the obligation to abolish coca leaf chewing (Article 49) earlier this year.
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.
This briefing paper analyses the reasons behind Bolivia’s proposal to remove from the 1961 Single Convention on Narcotic Drugs the obligation to abolish the practice of coca chewing and the opposing arguments that have been brought forward.
The Washington Office on Latin America (WOLA), the Andean Information Network (AIN), and more than 200 other concerned organizations and individuals yesterday sent a letter to U.S. Secretary of State Hillary Clinton, calling for the Obama administration to immediately withdraw its objection to Bolivia’s proposed amendment to the 1961 United Nations Single Convention on Narcotic Drugs.
The Washington Office on Latin America (WOLA) and the Transnational Institute (TNI) have learned that the United States is moving to oppose, as soon as this week, Bolivia’s formal request to remove the obligation to ban the chewing of coca leaves— an indigenous practice dating back more than 2,000 years. TNI and WOLA strongly encourage countries to support Bolivia’s proposal, which is a legitimate request based on scientific evidence and respect for cultural and indigenous rights.
In 2009, the Bolivian government requested that the United Nations amend the 1961 UN Single Convention on Narcotic Drugs. The proposed amendment would remove the unjustified ban on coca leaf chewing while maintaining the strict global control system for coca cultivation and cocaine. The 18-month period to contest Bolivia’s requested amendment ends January 31, 2011. Several countries, including the United States, Colombia, the Russian Federation, Japan, France, the UK, Germany, Italy, Sweden and Denmark, are considering submitting formal objections to the Secretary General. The International Drug Policy Consortium (IDPC) calls on these governments to think again. The continuation of the ban clearly conflicts with official multilateral government declarations, including the 2007 UN Declaration on the Rights of Indigenous Peoples.