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Date: April 29, 2024 Mon
Time: 9:36 pm
Time: 9:36 pm
Results for drug policy (bolivia)
1 results foundAuthor: Barrett, Damon Title: Backgrounder: Bolivia’s Concurrent Drug Control and Other International Legal Commitments Summary: 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 is particularly so in relation to indigenous peoples and free prior and informed consent relating on issues that affect them. The manner in which Bolivia translates international obligations under the 1961 Single Convention on Narcotic Drugs into national legislation, programmes and policies must be consistent with its obligations to respect indigenous peoples rights that flow from its obligations under contemporary international, constitutional and (indigenous) customary law. The proposed reservation provides the means through which these obligations can be harmonised. Without it the Convention would constitute a unilateral imposition of a ban on the coca leaf on indigenous peoples, and a failure to fulfill the obligations to hold good faith consultations in order to obtain their consent and to ensure their cultural and physical survival. A second question relates to whether the reservation is compatible with other concurrent international legal obligations, in this case under the law of treaties and children’s rights. An analysis of these agreements set against Bolivia’s proposal reveals no apparent conflict. Details: London: International Centre on Human Rights and Drug Policy, 2011. 7p. Source: Internet Resource: Accessed July 5, 2011 at: http://www.druglawreform.info/images/stories/documents/international_legal_commitments.pdf Year: 2011 Country: Bolivia URL: http://www.druglawreform.info/images/stories/documents/international_legal_commitments.pdf Shelf Number: 121966 Keywords: Drug ControlDrug Policy (Bolivia)Human RightsIndigenous Peoples |