Coca - International Prohibition of Coca Leaf

International Prohibition of Coca Leaf

Coca leaf is the raw material for the manufacture of the drug cocaine, a powerful stimulant and anaesthetic extracted chemically from large quantities of coca leaves. Today, since it has mostly been replaced as a medical anaesthetic by synthetic analogues such as procaine, cocaine is best known as an illegal recreational drug. The cultivation, sale, and possession of unprocessed coca leaf (but not of any processed form of cocaine) is generally legal in the countries – such as Bolivia, Peru, Chile and Argentina – where traditional use is established, although cultivation is often restricted in an attempt to prevent the production of cocaine. In the case of Argentina, it is legal only in some northern provinces where the practice is so common that the state has accepted it.

The prohibition of the use of the coca leaf except for medical or scientific purposes was established by the United Nations in the 1961 Single Convention on Narcotic Drugs. The coca leaf is listed on Schedule I of the 1961 Single Convention together with cocaine and heroin. The Convention determined that “The Parties shall so far as possible enforce the uprooting of all coca bushes which grow wild. They shall destroy the coca bushes if illegally cultivated” (Article 26), and that, “Coca leaf chewing must be abolished within twenty-five years from the coming into force of this Convention” (Article 49, 2.e).

The historic rationale for international prohibition of coca leaf in the 1961 Single Convention comes from "The Commission of Enquiry on the Coca Leaf study" published in 1950. It was requested of the United Nations by the permanent representative of Peru, and was prepared by a commission that visited Bolivia and Peru briefly in 1949 to “investigate the effects of chewing the coca leaf and the possibilities of limiting its production and controlling its distribution.” It concluded that the effects of chewing coca leaves were negative, even though chewing coca was defined as a habit, not an addiction.

The report was sharply criticised for its arbitrariness, lack of precision and racist connotations. The team members’ professional qualifications and parallel interests were also criticised, as were the methodology used and the incomplete selection and use of existing scientific literature on the coca leaf. Questions have been raised as to whether a similar study today would pass the scrutiny and critical review to which scientific studies are routinely subjected.

Despite the legal restriction among countries party to the international treaty, coca chewing and drinking of coca tea is carried out daily by millions of people in the Andes as well as considered sacred within indigenous cultures. Coca consumers claim that most of the information provided about the traditional use of the coca leaf and its modern adaptations are erroneous. This has made it impossible to shed light on the plant’s positive aspects and its potential benefits for the physical, mental and social health of the people who consume and cultivate it.

In an attempt to obtain international acceptance for the legal recognition of traditional use of coca in their respective countries, Peru and Bolivia successfully led an amendment, paragraph 2 of Article 14 into the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, stipulating that measures to eradicate illicit cultivation and to eliminate illicit demand “should take due account of traditional licit use, where there is historic evidence of such use.” Bolivia also made a formal reservation to the 1988 Convention, which required countries to adopt measures to establish the use, consumption, possession, purchase or cultivation of the coca leaf for personal consumption as a criminal offence. Bolivia stated that “the coca leaf is not, in and of itself, a narcotic drug or psychotropic substance” and stressed that its “legal system recognizes the ancestral nature of the licit use of the coca leaf, which, for much of Bolivia’s population, dates back over centuries.”

However, the International Narcotics Control Board (INCB) – the independent and quasi-judicial control organ for the implementation of the United Nations drug conventions – denied the validity of article 14 in the 1988 Convention over the requirements of the 1961 Convention, or any reservation made by parties, since it does not "absolve a party of its rights and obligations under the other international drug control treaties."

The INCB stated in its 1994 Annual Report that "mate de coca, which is considered harmless and legal in several countries in South America, is an illegal activity under the provisions of both the 1961 Convention and the 1988 Convention, though that was not the intention of the plenipotentiary conferences that adopted those conventions." It implicitly also dismissed the original report of the Commission of Enquiry on the Coca Leaf by recognizing that "there is a need to undertake a scientific review to assess the coca-chewing habit and the drinking of coca tea."

Nevertheless, the INCB on other occasions did not show signs of an increased sensitivity towards the Bolivian claim on the rights of their indigenous population, and the general public, to consume the coca leaf in a traditional manner by chewing the leaf, and drinking coca tea, as "not in line with the provisions of the 1961 Convention." The Board considered Bolivia, Peru and a few other countries that allow such practises to be in breach with their treaty obligations, and insisted that “each party to the Convention should establish as a criminal offence, when committed intentionally, the possession and purchase of coca leaf for personal consumption.”

In reaction to the 2007 Annual Report of the INCB, the Bolivian government announced that it would formally issue a request to the United Nations to unschedule the coca leaf of List 1 of the 1961 UN Single Convention. Bolivia led a diplomatic effort to do so beginning in March 2009, but eighteen countries out of a total of 184,those 18 being listed as followed (chronologically: the United States, Sweden, United Kingdom, Latvia, Japan, Canada, France, Germany, Bulgaria, Slovakia, Denmark, Estonia, Italy, Mexico, Russian Federation, Malaysia, Singapore, and Ukraine) objected to the change before the January 2011 deadline. A single objection would have been sufficient to block the modification. The legally unnecessary step of supporting the change was taken formally by Spain, Ecuador, Venezuela, and Costa Rica. In June 2011, Bolivia moved to denounce the 1961 Convention over the prohibition of the coca leaf.

Since the 1980s, the countries in which coca is grown have come under political and economic pressure from the United States to restrict the cultivation of the crop, in order to reduce the supply of cocaine on the international market.

Article 26 of the Single Convention on Narcotic Drugs requires nations that allow the cultivation of coca to designate an agency to regulate said cultivation and take physical possession of the crops as soon as possible after harvest, and to destroy all coca which grows wild or is illegally cultivated. The effort to enforce these provisions, referred to as coca eradication, has involved many strategies, ranging from aerial spraying of herbicides on coca crops to assistance and incentives to encourage farmers to grow alternate crops.

This effort has been politically controversial, with proponents claiming that the production of cocaine is several times the amount needed to satisfy legal demand and inferring that the vast majority of the coca crop is destined for the illegal market. As per the proclaimed view, this would not only contributes to the major social problem of drug abuse but also financially supports insurgent groups that collaborate with drug traffickers in some cocaine-producing territories. Critics of the effort claim that it creates hardship primarily for the coca growers, many of whom are poor and have no viable alternative way to make a living, causes environmental problems, that it is not effective in reducing the supply of cocaine, in part because cultivation can move to other areas, and that any social harm created by drug abuse is only made worse by the war on drugs. The environmental problems include "ecocide," where vast tracts of land and forest are sprayed with glyphosate or RoundUp, with the intention of eradicating the coca plant. However, the incidental environmental damage is severe, since many plant species are wiped out in the process.

More recently, coca has been reintroduced to the United States as a flavoring agent in the herbal liqueur Agwa.

Also, Boliviana negra, a genetically engineered type of coca has been created, resisting both roundup-herbicides as well as having increased yields.