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 new report, co-authored by the HR2 team, looks at the tensions between some aspects of the global drug control system and international human rights law. The report highlights that, despite numerous instances of human rights abuses perpetrated in the name of drug control, there has been little engagement with this issue by the responsible bodies, the UNODC, INCB and the human rights treaty bodies. The report was published by the Beckley Foundation Drug Policy Programme, and is co-authored by IHRA, Human Rights Watch and the Canadian HIV/AIDS Legal Network.
Peter Reuter (RAND), Franz Trautmann (Trimbos Institute) (eds.)
15 March 2009
This report commissioned by the European Commission, found no evidence that the global drug problem has been reduced during the period from 1998 to 2007 – the primary target of the 1998 UNGASS, which aimed to significantly reduce the global illicit drugs problem by 2008 through international cooperation and measures in the field of drug supply and drug demand reduction. Broadly speaking the situation has improved a little in some of the richer countries, while for others it worsened, and for some of those it worsened sharply and substantially', among which are a few large developing or transitional countries. Given the limitations of the data, a fair judgment is that the problem became somewhat more severe.
A report published in March 2007 by the Canadian HIV/AIDS Legal Network and the Open Society Institute Public Health Program, strongly criticises the INCB. It accuses the Board of becoming 'an obstacle to effective programs to prevent and treat HIV and chemical dependence'. “Nearly one in three HIV infections outside Africa is among people who inject drugs. The International Narcotics Control Board could and should be playing a key role in stopping this injection-driven HIV epidemic — but it’s not,” said Joanne Csete, Executive Director of the Canadian HIV/AIDS Legal Network and co-author of the report.
A useful overview of UN endorsement of harm reduction measures; the legality of harm reduction services under the Drug Conventions; the obligation in human rights law to ensure access to harm reduction services and the global state of harm reduction, listing 82 countries and territories worldwide that presently support or tolerate harm reduction.
On March 12, 2009, the President of Bolivia, Evo Morales, sent a letter sent a letter to the Secretary General of the United Nations, Ban Ki Moon, requesting the suspension of the paragraphs 1c and 2e of Article 49 of 1961 UN Single Convention that prohibit the traditional chewing of coca leaf.
A strong attack against the European practice of 'leniency' regarding cannabis use and possession took place at the United Nations Commission on Narcotic Drugs (CND) session (11-15 March, 2002) in Vienna. There was an orchestrated attempt to pass a CND resolution to put a dam against the 'leniency'.
TNI co-signed a letter that was sent to the Dutch Prime Minister and relevant parliamentary commissions, stressing the need for an active Dutch involvement in the UNGASS review process and specifically to use the moment to open the discussion about the UN conventions that are an obstacle to further developments in Dutch cannabis policy.
Het Nederlandse cannabisbeleid verkeert al decennia in een internationaalrechtelijke schemerzone, stelt Martin Jelsma van het Transnational Institute (TNI). Nederland gedoogt de verkoop van kleine hoeveelheden softdrugs in coffeeshops (de zogenaamde voordeur), maar de aanvoer ervan (de achterdeur) is tot dusver verboden. In de loop der jaren is hierdoor een omvangrijke illegale sector ontstaan in Nederland die de coffeeshops bevoorraadt met nederwiet. Een kamermeerderheid wil nu het gedoogbeleid uitbreiden door een experiment met een gereguleerde aanvoer van wiet aan de achterdeur van coffeeshops, maar het kabinet is tegen.
At the Commission on Narcotic Drugs (CND) in March 2008 in Vienna three resolutions on cannabis were tabled. They were all clearly against 'lenient policies' in some countries depenalising or decriminalizing the use of cannabis. One of the resolutions called for the criminalization of drug abuse that would have significantly expanded the UN drug conventions.
Robin Room, Peter Reuter (RAND), Wayne Hall, Benedikt Fischer, Simon Lenton, Amanda Fielding
01 September 2008
Despite cannabis being the most widely used illegal drug, and therefore the mainstay of the ‘war on drugs’, it has only ever held a relatively marginal position in international drug policy discussions. Amanda Fielding of the Beckley Foundation decided to convene a team of the world’s leading drug policy analysts to prepare an overview of the latest scientific evidence surrounding cannabis and the policies that control its use. The report of the Beckley Foundation's Global Cannabis Commission is aimed at bringing cannabis to the attention of policymakers and guide decision making.
In response to the 2007 annual report of the International Narcotics Control Board (INCB), which called on countries to 'abolish or prohibit coca leaf chewing and the manufacture of coca tea', President Evo Morales of Bolivia sent a letter to the Secretary General of the United Nations, Ban Ki-Moon to express profound concern and discontent with the INCB in relation to the coca leaf, the practice of chewing it and the other traditional uses that have 3,000 years of history and are fully legally recognised in Bolivia.
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.
Cannabis like other illicit drugs is so-called ‘controlled drug’. A closer look makes clear that these drugs are in fact far from being ‘controlled’. The cultivation, trade, transport, wholesale distribution, sale, and above all the unsafe composition, potency and quality of the products are not controlled at all. Neither is the use. All this is a threat to public health. Fortunately, there is an alternative at hand.
Increasing numbers of sovereign states are beginning to review their stance on the prohibition based UN drug control conventions. Recent years have seen nations implement, or seriously discuss, tolerant drug policies that exploit the latitude existing within the legal framework of the global drug control regime. With efforts to implement pragmatic approaches to drug use at the national level, however, comes the growing recognition that the flexibility of the conventions is not unlimited. It seems that the time is not too distant when further movement within states away from the prohibitive paradigm will only be possible through some sort of change in or defection from the regime.
It is a noble and worthy step to attempt to change the drug control treaties, but this is likely to take a long time and it may not be the essential starting place of reform. The amount of flexibility in the treaties is only partly a function of treaty language, for this language is always interpreted, and interpretations can vary depending upon how many states actively argue for more flexibility.
Meetings of the Commission on Narcotic Drugs (CND) are no forum for debate and change. The author, a former senior officer of the United Nations International Drug Control Programme (UNDCP), shows how CND meetings are manipulated in the interests of 17 developed countries that largely fund UNDCP – the CND’s ‘civil service’. However, these major donors are not united on policy or on how to apply the UN drug Conventions, so CND decisions reflect the lowest level of disagreement, with major splits on policy ignored.
The Single Convention on Narcotic Drugs in 1961 aimed to eliminate the illicit production and non-medical use of cannabis, cocaine, and opioids, an aim later extended to many pharmaceutical drugs. Over the past 50 years international drug treaties have neither prevented the globalisation of the illicit production and non-medical use of these drugs, nor, outside of developed countries, made these drugs adequately available for medical use.
The legal status of cannabis for personal use is one of the most controversial policy issues in the European Union. Although cannabis is a classified narcotic drug placed under control by the United Nations and by all EU Member States, the measures adopted to control it at national level vary considerably, as shown in the table, click here to access the information country by country.