The International Narcotics Control Board (INCB) just released its annual report. Martin Jelsma - who has followed the Board's policy for many years now with a critical eye - examines its negative stance towards harm reduction and decriminalization, and questions the Board's tendency to overstep its mandate.
Recently, TNI put online the Report of the Commission of Enquiry on the Coca Leaf, that was published in 1950 and provided the rationale for the inclusion of the coca leaf in the 1961 Single Convention. The report is difficult to find nowadays. A classic article, "The New Politics of Coca", by Andrew Weil, published in The New Yorker (May l5, 1995) describes how the chairman of the Commission Howard B. Fonda approached the study.
The UK says in its objection to Bolivia's reaccession to the 1961 UN Single Convention with a reservation that allows for the traditional chewing of coca, that it 'respects the cultural importance of the coca leaf in Bolivia'. It also recognises the status of traditional uses of coca under the Bolivian Constitution. These words reflect that change in views one would have expected since the 1960s. But in what way does the UK in fact 'respect' the cultural importance of coca when going on to try to see through the destruction of the manifestation of that culture? (See also: Objections to Bolivia's reservation to allow coca chewing in the UN conventions)
Spain will not put forward any objection to the Bolivian proposal to remove the obligation to abolish coca chewing from the 1961 UN Single Convention on drugs. Foreign Minister Trinidad Jiménez said that “Spain has from the very beginning shown its understanding for Bolivia's position” and has “demonstrated this in various fora at European and international level.” Other European countries, such as France, the UK, Germany, Italy, Sweden, and Denmark, are considering submitting formal objections. Because Spain will not object and several other EU countries tend more to the Spanish position, a common European Union position will not be possible. Read the press release of Bolivian embassy in Madrid.
In the West few politicians have been ready to admit the drug war’s failure—even as they quietly moderate their policy. They need to be honest with their own voters about the misery it has caused. Only then can they make a good case to the rest of the world that drug addicts need treatment, not prison, and that supply should be managed, not suppressed. A UN meeting next year to take a fresh look at the international conventions that shape national drug laws would be an excellent place to start. The first drug war caused devastation enough. For history to repeat itself would be a tragedy.
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).
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 extent to which the ongoing drug-control reforms across the Americas are pushing the boundaries of the global legal framework laid down in three UN drug-control conventions has become a delicate issue. The decriminalization of possession for personal use in several Latin American countries and the establishment of a supervised injection room in Vancouver, Canada have already triggered protracted legal disputes with the International Narcotics Control Board (INCB), the quasi-judicial organ for the conventions’ implementation.
Im Jahr 1998 hatten sich die Vereinten Nationen auf einer Sondergeneralversammlung einen Zehnjahresplan „für eine drogenfreie Welt“ verschrieben. Die Ergebnisse sind hinter den Erwartungen und Erfordernissen zurück geblieben. Nun sollten die Lehren daraus gezogen und ein Fahrplan für die nächsten zehn Jahre abgesteckt werden.
An internal United Nations draft document leaked last weekend has offered outsiders a rare look at longstanding disagreements between member states over the course of U.N. drug policy. The document, first publicised by The Guardian and obtained by IPS, contains over 100 specific policy recommendations and proposals from member states, many at odds with the status quo on illicit drug eradication and prohibition.
Just before ending 2011, Bolivia presented the formal notification to the United Nations secretariat in New York, announcing their re-adherence to the 1961 UN Single Convention, including a reservation on the use of coca leaf in its natural form, such as coca chewing and infusions. This step was expected to happen, after Bolivia withdrew in June 2011 from the Treaty in an attempt to reconcile its international obligations with its 2008 Constitution. From the day the re-adherence was received in New York, according to the procedure and established practice, it will take 30 days for Bolivia to again become a full member of the 1961 Convention. In other words, on January 28, 2012, the re-adherence will be a fact.
Despite its unprecedented nature within the history of the international drug control regime, and regardless of warnings to the contrary, the Plurinational State of Bolivia’s withdrawal from the 1961 Single Convention on Narcotic Drugs on 1 January 2012 did not result in a collapse of the United Nations (UN) based control system. That said, there is a strong case that, although marking the centenary of the regime, 2012 will be seen as the beginning of the end of the treaty system in its present form and the re-structuring of a policy world apparently so cherished by many members of the International Narcotics Control Board.
Today the Plurinational State of Bolivia can celebrate a rightful victory, as the country can become formally a party again to the 1961 Single Convention on Narcotic Drugs, without being bound by its unjust and unrealistic requirement that “coca leaf chewing must be abolished.”
The international dimensions of Bill C-45 are of utmost importance not only for Canada itself but for many countries around the world that are moving in the direction of legally regulating the cannabis market