Bolivian President Evo Morales believes that in 2012 the United Nations will finally agree that chewing of coca leaves is a legal ancient tradition of all people living in the Andes. Bolivia signed an agreement with the United Nations in 1961 that gave the country 25 years to eradicate the growing of coca. “I am convinced that next year we will win this international ‘fight’ for the recognition of chewing coca leaves as a tradition of peoples in Latin America, living in the Andes,” Morales said in an interview
Thomas Grisaffi, Fellow in the Department of Social Anthropology
19 July 2011
On June 22nd under instruction from President Evo Morales (an ex-coca grower and leader of Bolivia’s powerful coca federation), Bolivia’s congress voted to withdraw from the 1961 UN Single Convention on Narcotic Drugs. The government’s decision to step out of the most important international legal framework for drug control generated unease in international government and policy circles. Opposition parties in Bolivia responded to the news by claiming that the government had caved into pressure from drug traffickers. Meanwhile The United Nations Office on Drugs and Crime classified the decision as ‘worrying’. Contrary to these voices the Bolivian government has very good reasons to abandon the convention.
Bolivia has denounced the International Convention on Narcotic Drugs, which bans the traditional practice of chewing coca leaf. Adam talks with Martin Jelsma, who coordinates the Drugs and Democracy Program at the Amsterdam-based Transnational Institute.
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.
The International Narcotics Control Board (INCB) regrets the decision by the Government of the Plurinational State of Bolivia to denounce the Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol. On 29 June 2011, in an unprecedented step, the Government of Bolivia denounced the Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol, to which the State of Bolivia had previously acceded. The Government also announced its intention to re-accede to this Convention but with a reservation regarding specific treaty provisions.
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).
Is coca a dangerous drug that should be tightly regulated, or an essential part of Andean indigenous people's cultural and medicinal heritage? Or perhaps both? In the coming months, diplomats at the U.N. body will face the thorny issue of how to address the production and use of coca plants in the Andes region of South America.
The year 2011 marks the 50th anniversary of the 1961 Single Convention on Narcotic Drugs (CND), the bedrock of the current UN drug control system. TNI will host a side event at the 54th session of the Commission on Narcotic Drugs. Several speakers will critically examine the significance and shortcomings of the Convention, explain how plants and traditional use are treated under its provisions, and discuss the current state of affairs of Bolivia's amendment proposal on coca chewing.
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.
Today the International Narcotics Control Board (INCB) released its annual report. I’ve been following the Board for many, many years now, have often criticized its narrow interpretation of the treaties, have questioned the validity of its usually negative comments about any policy changes in the direction of harm reduction or decriminalization, and have warned repeatedly about its tendency to overstep its clearly defined mandate.
After the closure of the January 31, 2011, deadline to file objections to the Bolivian amendment to remove the ban on coca leaf chewing in the 1961 UN Single Convention on Narcotic Drugs, 18 objections were submitted. Although not required, four countries explicitly submitted their support: Spain, Ecuador, Venezuela and Costa Rica. Egypt, Macedonia and Colombia withdrew their objections.
The final count after closure of the January 31 deadline to file objections to the Bolivian amendment to remove the ban on coca leaf chewing in the 1961 UN Single Convention on Narcotic Drugs, comes to 17 objections: the US, UK, Sweden, Canada, Denmark, Germany, the Russian Federation, Japan, Singapore, Slovakia, Estonia, France, Italy, Bulgaria, Latvia, Malaysia and Mexico. That means that only 17 of the 184 countries that are Party to the treaty (as amended by the 1972 Protocol) have filed an objection. We call on them to still reconsider and withdraw their objection before the issue appears on the UN agenda for a decision.
Today is the deadline for countries to submit objections to Bolivia’s proposed amendment to remove the ban on coca leaf chewing in the 1961 UN Single Convention on Narcotic Drugs. As far as we know, six countries have formally notified the UN that they reject Bolivia’s amendment: the United States (January 19), Sweden (Jan 20), the United Kingdom (Jan 21), Canada (Jan 26), Denmark (Jan 28) and Germany (Jan 28). Some other European countries may add their objections today.
Bolivia will ask the United Nations to organize a conference on coca leaf-chewing if the U.S., Britain and Sweden don't withdraw their objections to the country's efforts to drop the ban on the age-old practice in an international treaty, Bolivia's U.N. ambassador said Friday.