The voices of affected communities involved in the cultivation of coca leaf, opium poppy and cannabis plants are lacking in the global debate on drug policy reform in general and were at risk of being excluded from the United Nations General Assembly Special Session (UNGASS) 2016 on The World Drug Problem.
Many myths surround coca. Every day press accounts around the world use the word coca in their headlines, when in fact they refer to cocaine. TNI's Drugs and Democracy Team exposes the myths and reality surrounding the coca leaf.
Latin America is now at the vanguard of international efforts to promote drug policy reform: Bolivia has rewritten its constitution to recognize the right to use the coca leaf for traditional and legal purposes, Uruguay has become the first nation in the world to adopt a legal, regulated Cannabis market, and Colombia, Mexico, Guatemala, and Ecuador are openly critiquing the prevailing international drug control paradigm at the UN. And now with the United States itself relaxing its marijuana laws state by state, the U.S. prohibitionist drug war strategies are losing credibility in the region.
For fifty years the World’s attitude to and treatment of the coca leaf and coca farmers has been controlled by the UN Drugs Conventions beginning with the Convention of 1961 which prohibited the production, possession and purchase of the coca leaf as well as cocaine. The assertion of this report is that the illegal status of the coca leaf is based upon a misinterpretation of science, first of all in 1950 with the publication of the misleading study of the Commission of Enquiry on the Coca Leaf; and much later with the blocking of the publication of a report in 1995 by the World Health Organisation (WHO) which made abundantly clear that the coca leaf itself has “no negative health effects”.
Modern use of the coca leaf in Argentina provides a series of examples that could contribute to dispelling many of the myths that have polarized debate about the subject over the last few years. Argentine coca consumption does not fit commonly held preconceptions on the subject. Furthermore, the social acceptance and legitimacy of the habit has created an absurd situation in which the sale and possession of coca leaf for consumption is legal, but the supply and wholesale purchase of it are prohibited, and therefore part of an illegal circuit.
Latin America has emerged at the vanguard of efforts to promote debate on drug policy reform. For decades, Latin American governments largely followed the drug control policies and programs of Washington’s so-called war on drugs. Yet two parallel trends have resulted in a dramatic change in course: the emergence of left-wing governments that have challenged Washington’s historic patterns of unilateralism and interventionism and growing frustration with the failure of the prohibitionist drug control model put forward by the US government.
At the International Conference on Alternative Development (ICAD), held 15-16 November 2012 in Lima, the Peruvian Government continued to insist on the relevance of “Alternative Development (AD),” with particular emphasis on the so-called San Martín “miracle” or “model.”
The distribution of land and its unjust use are the major causes of violence in Colombia. For this reason land issues are the starting point of current peace talks between the Santos government and the FARC guerrillas. Remedying these structural problems at the heart of rural Colombia is the best guarantee of progress of the current peace negotiations that could bring an end to a half-century-old violent conflict.
Heather J. Haase, Nicolas Edward Eyle, Sebastian Scholl , Joshua Raymond Schrimpf
31 July 2012
The way the world looks at drug control is changing. There has been a growing awareness of the issue for the past decade, as well as increasing public outcry over what many see as a failure of the once popular "war on drugs." Nowhere is this battle more pronounced than in the so-called "marijuana wars," which are slowly growing into an old-fashioned standoff between the states and the federal government.
This note provides an overview of human rights and international law concerns raised by the 2011 Annual Report of the International Narcotics Control Board. These include questionable legal reasoning by the Board; the absence of broader human rights norms; problematic statements on specific issues; unqualified comments and support for policies despite human rights risks; and stigmatising language unbecoming a UN entity. These are patterns that are evident in previous Annual Reports.
Fifty years after signing the United Nations Single Convention on Narcotic Drugs and 40 years after the U.S. government declared a "war on drugs," many obstacles remain despite the partial successes of efforts to counter the problem. The Andean-United States Dialogue Forum, noted with concern how drug policy has monopolized the diplomatic and economic agenda between the Andean countries, contributing to tensions among the governments and impeding cooperation on other crucial priorities, such as safeguarding democratic processes from criminal networks.
A grey area has emerged between what is legal and what is not as states struggle with how to respond to the many new synthetic compounds emerging onto the market. Of the various types of ‘Legal highs’ the seminar focused on stimulants because of the parallels with the other main drug-policy issue of the moment; i.e. the status of traditional herbal stimulants. These older discussions have been reinvigorated by: Bolivia’s efforts to de-schedule coca-leaf at UN level; the debates on the status of khat between EU States, and of kratom across Asia; and the increasing stride of legitimate cannabis use on the domestic front, as in for example Spain.
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.
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.
This briefing offers some background on the issue to amend the UN Single Convention towards a more coherent and realistic stance on the ancient tradition of coca leaf chewing. The issue was raised by Bolivia and adopted at the July 2009 ECOSOC meeting. Noticing confusion amongst some countries about the motives and impact of such amendment, this briefing aims to shed some light on the case.