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
The last of the series of Correlation Conferences, entitled ‘Getting out of the margins – Changing realities and making the difference’, took place from December 12-14, 2011, in Ljubljana, Slovenia. This report is an account of the discussions that took place during the final session of the Conference, ‘Drug policy reform – From evidence to practice’.
To mark the 50th anniversary of the 1961 UN Single Convention on Narcotic Drugs, the Beckley Foundation published a public letter calling for a new approach in drug policy. The global war on drugs has failed, and has had many unintended and devastating consequences worldwide. Signed by a group of 60 major thinkers, Nobel Prize winners and celebrities including Sting, Yoko Ono and seven former presidents, this letter calls on members of the public and of Parliament to recognize that "improving our drug policies is one of the key policy challenges of our time."
There is a tendency within the civil society groups and academic writings that look at international drug control to focus heavily on the UN Single Convention of 1961. In many ways this is understandable and correct. It is the legal keystone for the international system and the basis for subsequent treaties. However, an over emphasis on the Single Convention may also serve to blur the deep historical forces at work within the system, as well as the actual nature of the 1961 Convention itself.
This IDPC response to the United Nations Office on Drugs and Crime (UNODC)’s flagship publication, the World Drug Report, provides an overview of the data and topics presented in the Report and where appropriate, within the broader context of the current state of the UN drug control framework, offer a critical analysis of both.
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).
TNI has been closely involved with the Global Commission on Drug Policy which presented its report in New York on June 2. Some years ago we published a report, entitled Cracks in the Vienna Consensus in which we argued that cracks were appearing in the supposedly universal model under the UN treaty system. In reality, the global system is based on a highly fragile consensus of Vienna, where the UN drug control system is headquartered, and the painstaking negotiations every year to keep up the appearance of unity have become the symbol of paralysis and frustration.
Global commissions made up of eminent former policymakers can normally be counted upon to tell international leaders what they want to hear. But the Global Commission on Drug Policy – which has called on the services of distinguished names such Paul Volcker, Kofi Annan, Mario Vargas Llosa, Javier Solana and half a dozen former national politicians – has done something very different. Instead of telling world leaders what they want to hear, the commission has, instead, told them the truth.
Narcotics liberalisation was once the cause of freethinkers and hippies. Now a more sober bunch is criticising the “war on drugs”. On June 2nd the Global Commission on Drug Policy, a group including ex-presidents of Brazil, Mexico, Colombia and Switzerland; the prime minister of Greece; a former secretary-general of the United Nations; and, from America, an ex-secretary of state and ex-chairman of the Federal Reserve, called for the decriminalisation of all drug taking, and for experiments in the legal regulation of the sale of drugs, starting with cannabis.