• Español
  • English
  • facebook
  • twitter
  • rss
  • Español
  • English
  • facebook
  • twitter
  • rss
TNI D&D
  • Home
  • About us
    • About us
    • People
    • Partners
    • Researchers
    • Contact us
    • In the media
    • Newsletter
  • Newsroom
    • Press contacts
    • Press releases
    • Resources
    • Drugs in the news
  • Issues
    • Drug policy debate in the Americas
    • Decriminalization
    • Proportionality of sentences
    • Harm reduction
    • Reclassification of substances
    • Safer crack use
    • Human rights
    • Regulation
    • Unscheduling the coca leaf
    • Ending the war on drugs
    • Alternative development
    • Cannabis
    • Producers of Crops
    • Law enforcement
    • ATS, Mild stimulants & NPS
    • European Drug Policy
    • Money Laundering
  • UN Drug
    Control
    • Conventions
    • UNODC
    • CND
    • INCB
    • UNGASS
  • Country
    information
    • Drug Law Reform on the Map
    • Central America
      • El Salvador
      • Guatemala
      • Honduras
      • Costa Rica
    • Latin America
      • Argentina
      • Bolivia
      • Paraguay
      • Brazil
      • Chile
      • Colombia
      • Ecuador
      • Peru
      • Uruguay
      • Venezuela
    • Mexico
    • Caribbean
      • Jamaica
      • Belize
    • Afghanistan
  • Events
    • Expert Seminars
    • Informal Policy Dialogues
    • Public Events
    • Judges for Law Reform
  • Publications
    • Drug Policy Briefings
    • Drug Law Reform
    • Legislative Reform Series
    • The Human Face
    • Drugs & conflict
    • Drugs and the Law (CEDD)
      • Systems overload
    • Drug Markets and Violence
  • Weblog

 

INCB: controversial statements on coca leaf

mate de coca forbiddenRead here the full text of the controversial statements on coca leaf included in this year's Annual Report of the INCB. Some highlights:

> "The Board calls upon the Governments of Bolivia and Peru to initiate action without delay with a view to eliminating uses of coca leaf, including coca leaf chewing" and "each party to the Convention should establish as a criminal offence, when committed intentionally, the possession and purchase of coca leaf for personalconsumption".
> "The Board again calls on the Governments of Bolivia and Peru to consider amending their national legislation so as to abolish or prohibit activities that are contrary to the 1961 Convention, such as coca leaf chewing and the manufacture of mate de coca (coca tea)".

See also: Abolishing Coca Leaf Consumption? The INCB needs to perform a reality check, Transnational Institute Press release, March 5, 2008

mate de coca forbidden?

Excerpts on coca from the INCB Report 2007, embargoed until March 5, 2008 

Cultivation of coca bush and uses of coca leaf under the international drug control treaties

214. The Board is concerned that the cultivation of coca bush for purposes that are not in line with the 1961 Convention is continuing in some countries. Uses of coca leaves contrary to the provisions of the 1961 Convention are also continuing, and some of those uses are even being expanded.

215. The Board reminds all Governments concerned that coca leaf is a narcotic drug in Schedule I of the 1961 Convention as amended by the 1972 Protocol. Governments should ensure that the production, export, import, distribution, use and possession of, as well as trade in, coca leaf are limited to medical and scientific purposes, just as they would be limited in the case of any other narcotic drug. In addition, coca leaves may also be used for the preparation of a flavouring agent that should not contain any alkaloids, and, to the extent necessary for such use, production, trade in and possession of such leaves may be permitted. Governments permitting the cultivation of coca bush should set up an agency to carry out certain functions, as required under articles 23 and 26 of the 1961 Convention.

216. The practice of chewing coca leaves continues in Bolivia and Peru and, on a limited scale, in some other countries. The Board wishes to point out that, within 25 years following the entry into force of the 1961 Convention, coca leaf chewing should have been abolished in those countries where it was taking place. As the 1961 Convention came into force in 1964, coca leaf chewing should have come to an end in 1989.

217. In addition, coca leaf is used in Bolivia and Peru for the manufacture and distribution of mate de coca (coca tea). Such use is also not in line with the provisions of the 1961 Convention. The Board again calls on the Governments of Bolivia and Peru to consider amending their national legislation so as to abolish or prohibit activities that are contrary to the 1961 Convention, such as coca leaf chewing and the manufacture of mate de coca (coca tea) and other products containing coca alkaloids for domestic use and export.

218. The Board reminds all Governments that importation of coca leaf for purposes other than medical and scientific purposes or the preparation of a flavouring agent is contrary to the provisions of the 1961 Convention.

219. The 1988 Convention requires Governments to establish as criminal offences under domestic law, when committed intentionally, activities involving coca leaf that are contrary to the provisions of the 1961 Convention. The activities include, among other things, the production, offering for sale, distribution, sale, delivery on any terms whatsoever, brokerage, dispatch, transport, importation or exportation of coca leaf contrary to the provisions of the 1961 Convention. Subject to its constitutional principles and the basic concepts of its legal system, each party to the Convention should establish as a criminal offence, when committed intentionally, the possession and purchase of coca leaf for personal consumption contrary to the provisions of the 1961 Convention. Governments should establish as criminal offences under its domestic law, when committed intentionally, the cultivation of coca bush for the purpose of the production of narcotic drugs contrary to the provisions of the 1961 Convention.

220. The provisions of the 1988 Convention, including reservations made under that Convention, do not absolve a party of its rights and obligations under the other international drug control treaties. It is therefore important that States fulfil their obligations under those treaties in spite of any reservations they may have made. Should a State require assistance from the international community to enable it to comply with any of its treaty obligations, it should make a formal request for such assistance.

221. The Board calls upon the Governments of Bolivia and Peru to initiate action without delay with a view to eliminating uses of coca leaf that are contrary to the 1961 Convention and to strengthen their efforts against trafficking in cocaine in the region. The Board calls on the international community to provide assistance to those countries towards achieving those objectives.

[much further down in the report, in the section about missions]

Missions

474. In September 2007, a mission of the Board visited Bolivia to review the drug control situation in that country and the Government’s compliance with the international drug control treaties.

475. The Board notes that the Government of Bolivia has adopted a national drug control strategy covering the period 2007-2010, which marks a significant shift in the political will and commitment of the Government to the objectives of the international drug control treaties. The Board appreciates that the strategy reaffirms the strong stand of the Government against the illicit manufacture of and trafficking in cocaine and the criminal organizations involved. The Board also welcomes the decision of the Government to strengthen the mechanism for the monitoring and control of coca bush cultivation.

476. The Board notes with concern, however, that the strategy addresses the issue of coca leaf chewing in a manner that is not in line with the obligations of Bolivia under the international drug control treaties, to which Bolivia is a party. The Board requests the Government of Bolivia to comply with its treaty obligations by taking measures to prohibit the sale, use and attempts to export coca leaf for purposes which are considered not in line with the international drug control treaties.

477. The Government of Bolivia may wish to request assistance from its international development partners to put in place alternative development programmes to tackle the problems of poverty and hunger that prevail in the coca-producing areas of the country. The Board calls on Bolivia’s development partners to ensure that assistance provided to the Government of Bolivia is always in line with the international drug control treaties.

478. The Board notes that the Government of Bolivia has introduced the so-called “social control” policy, whereby coca bush growers are in charge of eradication programmes. The Board notes the relative peaceful environment that prevails in the coca bush growing areas. The Board requests the Government to monitor closely its new policy of getting the farmers to cooperate in voluntary eradication efforts. However, consideration should be given to devising alternative measures where the policy does not succeed.

479. The Board notes that the Government of Bolivia has established commissions to review Law 1008, the basic law governing drug control in the country. The commissions are working on two separate laws, one to regulate coca leaf and one to regulate controlled substances. The Board requests the Government to ensure that the laws conform with the international drug control treaties.

480. The Board notes with concern that drug abuse among the general population, as well as among the student population, in Bolivia is on the rise while, at the same time, the age of first use of illicit drugs is declining. The Board requests the Government of Bolivia to formulate and implement education programmes aimed at eliminating coca leaf chewing, as well as other non-medical uses of coca leaf.

481. The short-term objective of such education programmes should be to discourage the practice of coca leaf chewing while preventing the expansion of the practice among students and youth, drivers of public transport vehicles and other vulnerable groups in Bolivia. Such education programmes should be evaluated taking into account the extent and trends of coca leaf chewing, as well as the role that it plays in the progression of drug dependence.

489. The Board sent a mission to Peru in December 2006. The Board notes with appreciation that the Government adopted a comprehensive and balanced national drug policy for the period 2007-2011, with a view to combating drug trafficking and abuse, strengthened control over the licit distribution of narcotic drugs and psychotropic substances and enacted a new law for the control of precursor chemicals. However, the Board notes with concern that the vast majority of the coca leaf produced in Peru is diverted into illicit manufacture and that the provisions of the 1961 Convention concerning licit cultivation of coca bush and the production and use of coca leaf are not being implemented. The Board wishes to remind the Government that the only legal uses of coca leaf foreseen in the 1961 Convention are for medical or scientific purposes or for the manufacturing of a flavouring agent from which all alkaloids have been removed. The Board requests the Government of Peru to take steps to abolish as soon as possible activities that are not in line with those provisions.

[and in the concluding section of recommendations:]

Recommendation 7: The practice of chewing coca leaves continues in Bolivia and Peru. The countries in the region are suffering from the illicit manufacture of and trafficking in cocaine. The Board calls upon the Governments of Bolivia and Peru to initiate action without delay with a view to eliminating uses of coca leaf, including coca leaf chewing, that are contrary to the 1961 Convention. The Governments of those countries and Colombia should strengthen their efforts against the illicit manufacture of and trafficking in cocaine. The Board calls on the international community to provide assistance to those countries towards achieving those objectives.

  • Labels
    conventions | human rights | coca | INCB | UN drug control | peru | colombia | bolivia

Drugs in the News

  • Hundreds of thousands of Canadians could see their drug possession records disappear
    04.07.2022
  • Germany’s move to legalise cannabis expected to create ‘domino effect’
    01.07.2022
  • Inside the process to legalize recreational cannabis In Germany
    27.06.2022
  • Banning tourists from cannabis cafes will cut back on crime: Halsema
    25.06.2022
  • Thailand cannabis: From a war on drugs to weed curries
    21.06.2022
  • Luxembourg law lets you smoke a joint - at home
    15.06.2022
More news

Weblog

    Statement on the UN Common Position and Task TeamStatement on the UN Common Position and Task Team
    15.04.2021
More weblog

Hilites

Balancing Treaty Stability and Change

balancing hilite

Inter se modification of the UN drug control conventions to facilitate cannabis regulation


Connecting the dots...

connecting dots hilite

Human rights, illicit cultivation and alternative development


Morocco and Cannabis

morocco cannabis hilite

Reduction, containment or acceptance


The Rise and Decline of Cannabis Prohibition

rise decline hilite

The History of Cannabis in the UN Drug Control System and Options For Reform


Tags

10-year Review  20 1998 UNGASS  26 2005 CND debate  8 2016 UNGASS  126 2019 HLM  5 activism  33 afghanistan  24 show all

Tags

10-year Review  20 1998 UNGASS  26 2005 CND debate  8 2016 UNGASS  126 2019 HLM  5 activism  33 afghanistan  24 hide
africa  11 albania  13 alternative development  118 alternatives to policing  2 amnesty  84 appellation of origin  3 argentina  32 asean  9 ATS  15 australia  98 austria  5 ayahuasca  6 bahamas  4 ballot 2012  155 banking  45 barbados  11 belgium  36 belize  10 bermuda  12 bolivia  115 brazil  93 brownfield doctrine  24 burma  44 california  209 cambodia  12 canada  522 cannabinoids  95 cannabis  3018 cannabis clubs  198 cannabis industry  393 caribbean  146 caricom  33 cbd oil  1 central america  5 chile  21 china  46 civil society  37 CND  129 coca  214 cocaine  70 coffee shop  219 cognitive decline  30 colombia  149 colorado  161 compulsary detention  19 conflict  4 conventions  255 corporate capture  49 corruption  4 costa rica  10 crack  54 craft cannabis  30 crime  77 czech republic  31 dark net  4 death penalty  2 decertification  1 decriminalization  888 deforestation  8 denmark  122 drug checking  40 drug consumption rooms  191 drug courts  22 drug markets  140 drug policy index  2 drug testing  7 drug trade  52 e-cigarettes  1 e-joint  2 ecstasy  64 ecuador  22 egypt  16 el salvador  2 environment  21 eradication  127 essential medicines  25 estonia  1 eswatini  7 european drug policy  82 expert advisory group  9 extrajudicial killings  95 fair trade  15 fentanyl  79 france  111 fumigation  25 gateway theory  29 georgia  3 germany  175 ghana  18 global commission  46 greece  19 guatemala  31 guatemala initiative  47 harm reduction  338 hemp  40 heroin  134 heroin assisted treatment  79 HIV/AIDS  61 home cultivation  101 honduras  3 human rights  252 ICC  1 illinois  10 incarceration  52 INCB  138 india  94 indigenous rights  1 indonesia  35 informal drug policy dialogues  22 inter se modification  14 iran  14 ireland  15 israel  63 italy  42 jamaica  170 japan  3 kava  3 kazakhstan  5 ketamine  27 khat  36 kratom  31 kyrgyzstan  1 laos  2 latin american debate  115 law enforcement  407 lebanon  43 legal highs  63 legalization  1535 lesotho  9 local customization  8 luxembourg  44 malaysia  7 malta  36 medical cannabis  640 mental health  44 methamphetamine  46 mexico  209 Mid-Term Review  1 mild stimulants  41 money laundering  54 morocco  119 naloxone  15 nepal  7 netherlands  308 new york  28 new zealand  67 NIDA  5 nitrous oxide  6 norway  18 NPS  10 opinion polls  126 opioids  147 opium  93 oregon  29 overdose kits  4 pakistan  9 panama  5 paraguay  4 pardon  2 patents  18 peace  22 peru  42 peyote  3 philippines  89 pleasure  5 police pacification  18 portugal  68 potency  2 precursors  6 prevention  3 prison situation  100 producers  140 prohibition  144 proportionality  110 psychedelics  13 psychosis  53 puerto rico  3 racism  29 reclassification  117 recriminalisation  36 regulation  1290 russia  36 sacramental use  11 safe supply  30 safer crack  29 scheduling  27 scientific research  141 sdg  2 security  14 senegal  1 sentencing  66 singapore  6 social justice  74 south africa  73 spain  79 st lucia  9 st vincent and grenadines  31 substance-use disorder  18 substitution treatment  31 sweden  28 switzerland  143 synthetic cannabinoids  30 taxation  47 teen use  43 thailand  64 thresholds  54 tobacco industry  17 tramadol  17 treatment  27 trinidad & tobago  15 tunisia  14 UK  270 UN Common Position  1 UN drug control  429 UNGASS  58 UNODC  110 uruguay  144 US drug policy  1164 vaping  2 venezuela  5 vietnam  5 violence  131 WHO  62 world drug report  11

This website

UN Drug Control

In 2011 the 1961 UN Single Convention on drugs will be in place for 50 years. In 2012 the international drug control system will exist 100 years since the International Opium Convention was signed in 1912 in The Hague. Does it still serve its purpose or is a reform of the UN Drug Conventions needed? This site provides critical background.

Drug Law Reform on the map

dlronthemap_und

Copyright © 2016 Drug Law Reform in Latin America

Website by WebWolf