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.
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.
Peter Reuter (RAND), Franz Trautmann (Trimbos Institute) (eds.)
15 မတ်လ 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.
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.
The Secretary-General has received a note verbale dated 12 March 2009 from the Permanent Mission of Bolivia to the United Nations, attached to which is a letter from the President of Bolivia, Evo Morales Ayma, dated 12 March 2009, in which the Government of Bolivia proposes to amend article 49, paragraphs 1 (c) and 2 (e), of the Single Convention on Narcotic Drugs, 1961, as amended by the Protocol amending the Single Convention on Narcotic Drugs, 1961 (see annex).
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.
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.
Heather J. Haase, Nicolas Edward Eyle, Sebastian Scholl , Joshua Raymond Schrimpf
31 ဇူလိုင်လ 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.
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.
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”.