Print
Download XMLSingle Convention on Narcotic Drugs, 1961, as amended by the Protocol amending the Single Convention on Narcotic Drugs, 1961
Parties with reservations, declarations and objections
| Party | Reservations / Declarations | Objections |
|---|---|---|
| Andorra | Yes | No |
| Bahrain | Yes | Yes |
| Bolivia | Yes | Yes |
| China | Yes | No |
| Nepal | Yes | No |
| Saudi Arabia | Yes | No |
| United States of America | Yes | No |
| Vietnam | Yes | No |
Andorra
13-02-2007
The Principality of Andorra does not consider itself bound by the provisions of paragraph 2 of article 48 which provide for a mandatory referral to the International Court of Justice of any dispute which cannot be resolved according to the terms of paragraph 1. The Government of Andorra takes the position that for any dispute to be referred to the International Court of Justice for decision the agreement of all the parties to the dispute shall be necessary in each individual case.
Bahrain
07-02-1990
Reservation:
With regard to article 48, paragraph 2:
The State of Bahrain does not recognise the compulsory jurisdiction of the International
Court of Justice.
Objection Israel, 14-05-1990
The Government of the State of Israel has noted that the instruments of accession
of Bahrain … contain a declaration in respect of Israel.
In view of the Government of the State of Israel such declaration, which is explicitly
of a political character, is incompatible with the purposes and objectives [of the
Convention] and cannot in any way affect whatever obligations are binding upon Bahrain
under general international law or under particular conventions.
The Government of the State of Israel will, in so far as concerns the substance of
the matter, adopt towards the Government of Bahrain an attitude of complete reciprocity.
Subsequently, the Secretary-General received from the Government of Israel an objection,
identical in essence, mutatis mutandis , with regard to a reservation made by Bahrain.
Bolivia
11-01-2013
The Plurinational State of Bolivia reserves the right to allow in its territory: traditional
coca leaf chewing; the consumption and use of the coca leaf in its natural state for
cultural and medicinal purposes, such as its use in infusions; and also the cultivation,
trade and possession of the coca leaf to the extent necessary for these licit purposes.
At the same time, the Plurinational State of Bolivia will continue to take all necessary
measures to control the cultivation of coca in order to prevent its abuse and the
illicit production of the narcotic drugs which may be extracted from the leaf.
Objection United States of America, 03-07-2012
[...] the United States objects to the proposed reservation. The United States considers
the Convention to be one of the cornerstones of international efforts to prevent the
illicit production, manufacture, traffic in and abuse of drugs, while ensuring that
licit drugs are available for medical and scientific purposes. The United States is
concerned that Bolivia's reservation is likely to lead to a greater supply of available
coca, and as a result, more cocaine will be available for the global cocaine market,
further fueling narcotics trafficking and related criminal activities in Bolivia and
the countries along the cocaine trafficking route.
The United States welcomes Bolivia's renewed commitment to continue to take all necessary
legal measures to control the illicit cultivation of coca in order to prevent its
abuse and the illicit production of the narcotic drugs which may be extracted from
the leaf.
Should Bolivia's reservation be deemed to be permitted in accordance with Article
50, paragraph 3 of the Convention, this objection would not constitute an obstacle
to the entry into force of the Convention between the United States and Bolivia, but
the United States would not assume toward Bolivia any legal obligation under the Convention
that is affected by the reservation.
Objection United Kingdom, 14-12-2012
The United Kingdom acknowledges and respects the cultural importance of the coca leaf
in Bolivia. The United Kingdom also understands that the Bolivian government considers
it an integral part of Bolivian heritage and that the use of coca for traditional
purposes has been established as a cultural right in the Constitution of the Plurinational
State of Bolivia. The United Kingdom also welcomes the recent reductions in coca production
in Bolivia, as outlined in the United Nations Office on Drugs and Crime 2011 National
Coca Monitoring Survey.
The United Kingdom is, however, concerned that the reservation could lead to increases
in coca production and -crucially- the amount of coca diverted to the cocaine trade.
As such, the reservation would weaken international law as it relates to the global
effort to tackle the drugs trade and could weaken the international community's response
to that trade. Therefore, the United Kingdom objects to the proposed reservation and
requests that the Secretary-General inform States Parties to the Single Convention
accordingly.
Objection Sweden, 21-12-2012
The Government of Sweden fully recognizes the efforts of the Plurinational State of
Bolivia to reduce the production and trade in illicit coca products. Sweden also understands
the concerns that the Government of the Plurinational State of Bolivia has expressed
concerning the United Nations' drug control conventions and the traditional coca leaf
chewing.
The United Nations' drug control conventions are the corner stones of the international
legal framework for the fight against drugs. An exemption for coca leaf chewing and
the growing of coca plants for this purpose risks to undermine this system and to
weaken the control over cocaine production. Furthermore, the ambition expressed in
the convention is the successive prohibition also of traditional uses of drugs, the
chewing of coca leaves being explicitly mentioned.
The Government of Sweden has serious concerns regarding the procedure followed by
the Plurinational State of Bolivia with denunciation of the Convention followed by
immediate re-accession with a reservation. While article 46 of the Convention provides
that any Party may denounce the Convention, the denunciation should in no case be
used by a State Party for the sole purpose of formulating reservations to the Convention
after re-accession. Such practice would constitute a misuse of the procedure and would
undermine the basis of international treaty law and the international legal framework
for the fight against drugs.
For these reasons the Government of Sweden objects to the proposed reservation by
the Plurinational State of Bolivia.
Objection Italy, 28-12-2012
Italy praises the efforts by Bolivia to reduce the production and trade of illicit
coca products.
Italy fully respects the cultural identity and traditions of Indigenous Populations,
guaranteed by the United Nations Declaration on the rights of Indigenous Peoples.
However, Italy believes that the dialogue aimed at further promoting the respect of
Indigenous traditions should be fully coherent with and preserve the integrity of
the Single Convention on Narcotic Drugs.
States that are a Party to the Single Convention undertake an obligation to limit
the trade and use of narcotic drugs exclusively for medical and scientific purposes.
States Parties also recognize that measures against abuse of narcotic drugs require
coordinated and universal action. Schedule I to the Single Convention lists coca leaf
as a narcotic drug.
Italy is therefore of the opinion that, in proposing reservations, States Parties
should be guided by the object and purpose of the Single Convention. The Bolivian
approach poses the risk of creating a precedent and may undermine the international
anti-narcotics legal framework. This would send a negative signal, out of step with
the actions undertaken so far in the fight against drug trafficking and drug use.
Moreover, the procedure applied by Bolivia - denunciation and rejoin with reservation
of the 1961 Convention - is contrary to the principle of "good faith" under article
26 of the Vienna Convention on the Law of the Treaties, since it appears directed
to avoid the limits established in article 49 and 50 of the Single Convention.
In light of these considerations, the Government of Italy hereby informs the Secretary-General
in accordance with Article 50, paragraph 3 of the Single Convention, that it objects
to the proposed reservation by Bolivia of the 1961 Single Convention on Narcotic Drugs
and requests that the Secretary- General inform States Parties to the Single Convention
accordingly.
Objection Canada, 28-12-2012
[...] Canada objects to the reservation put forward by the Plurinational State of
Bolivia. Canada has long held that the Convention forms the cornerstone of international
efforts to prevent the illicit production, manufacture, trafficking and abuse of drugs,
while ensuring that licit drugs are available for medical and scientific purposes.
The Convention, along with the 1971 Convention on Psychotropic Substances and the
1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances are the key instruments in global efforts to address illicit drugs. Canada
continues to be concerned that Bolivia's reservation would lead to a greater supply
of coca leaf and consequent availability of cocaine.
Should Bolivia's reservation be deemed to be permitted in accordance with Article
50, paragraph 3 of the Convention, this objection would not constitute an obstacle
to the entry into force of the Convention between Canada and the Plurinational State
of Bolivia, but Canada would not assume toward Bolivia any legal obligations under
the Convention that is affected by this reservation.
Objection Russian Federation, 03-01-2013
Pursuant to article 19 of the Vienna Convention on the Law of Treaties of 1969, the
Russian Federation objects to the reservation entered by the Plurinational State of
Bolivia on 29 December 2011 to the Single Convention on Narcotic Drugs, 1961, as amended
by the Protocol amending the Single Convention on Narcotic Drugs, 1961 (the Convention).
The Russian Federation considers the Convention one of the fundamental international
legal instruments for the control of narcotics; undermining it, including in matters
relating to the coca leaf, could have serious negative consequences in terms of the
use of the coca leaf for illicit purposes, including the cultivation of coca bush,
the production of cocaine and an increased volume of illicit trafficking of cocaine.
This step will also establish a dangerous precedent that might be used by other States
in order to establish in their territories more liberal drug control regimes than
are provided for by the Convention, the Convention on Psychotropic Substances, 1971
and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances, 1988.
The question of what reservations may be made to the provisions of the Convention
concerning coca leaf chewing, and on what conditions, is strictly governed by the
special rule set out in article 49. Pursuant to that article, the State's ability
to permit temporarily the chewing of the coca leaf in its territory is clearly subject
to a number of restrictions and additional obligations, the most important of which
is that coca leaf chewing must be abolished within 25 years from the coming into force
of the Convention. That period expired for the Plurinational State of Bolivia in 2001.
In view of the foregoing, the Russian Federation calls upon the Plurinational State
of Bolivia to review its position and withdraw the aforementioned reservation.
The Russian Federation welcomes the commitment by the Plurinational State of Bolivia
to take all necessary measures to continue to control the cultivation and trade of
the coca leaf in order to avoid its diversion to illicit channels and the desire of
the Plurinational State of Bolivia to continue being a party to the Convention.
Objection France, 03-01-2013
France is aware of the importance Bolivia attaches to the preservation of its ancestral
traditions and practices and to the rights of indigenous peoples. It notes that it
is within this context that Bolivia, by entering a reservation together with its instrument
of accession to the Single Convention on Narcotic Drugs, purports to preserve in its
territory the cultivation and chewing of the coca leaf in its natural state.
France welcomes the assurance offered by Bolivia that it will continue to take all
necessary measures to prevent the illicit production of narcotic drugs.
Nevertheless, France objects to the general reservation entered by Bolivia, as it
could undermine the overall balance of the Convention and, consequently, the response
to global drug trafficking. The reservation creates a risk of increased coca leaf
production and of illicit exploitation of such production through drug trafficking.
Furthermore, the reservation is vague and in this case disregards the principle of
legal certainty, which is essential to the stability of treaty relations.
Therefore, France recalls that it will not be bound in relation to Bolivia by the
provisions that Bolivia purports to exclude from the scope of obligations imposed
on the parties within the meaning of the Convention. It expresses the hope that Bolivia
will apply a restrictive interpretation to the scope of the provisions it does not
intend to implement. France does not, by means of this objection, purport to oppose
Bolivia's becoming a party to the Convention, pursuant to article 50, paragraph 3,
of the Convention, and it reaffirms the importance it attaches to Bolivia's continued
engagement in action against narcotic drugs.
Objection Germany, 04-01-2013
The Federal Republic of Germany expressly welcomes the essential willingness of the
Plurinational State of Bolivia to accept the obligations deriving from the Single
Convention on Narcotic Drugs of 1961, as amended by the Protocol thereto.
The Federal Republic of Germany has thoroughly and carefully reviewed the wording
of the reservation submitted in accordance with Article 50, paragraph 3 of the Convention,
as contained in the communication from the Plurinational State of Bolivia. The Federal
Republic of Germany hereby objects to the reservation.
Should the reservation of the Plurinational State of Bolivia be deemed to be permitted
in accordance with Article 50, paragraph 3 of the Convention, this objection should
not constitute an obstacle to the entry into force of the Convention between the Federal
Republic of Germany and the Plurinational State of Bolivia. The Federal Republic of
Germany will not assume towards the Plurinational State of Bolivia any legal obligation
under the Convention which is affected by the reservation.
Objection Finland, 08-01-2013
The Plurinational State of Bolivia deposited its instrument of denunciation of the
Convention on 29 June 2011 with effect as of 1 January 2012. On 29 December 2011,
Bolivia informed the depositary of its intention to reacceed to the Convention subject
to the authorisation of the reservation by the States Parties submitted in accordance
with article 50, paragraph 3 of the Convention.
The Government of Finland has carefully examined this procedure and the reservation
made by the Plurinational State of Bolivia and notes that it is in contradiction with
the Vienna Convention on the Law of Treaties and well-established customary international
law to denounce a treaty and reacceed to it to be able to make it subject to a new
reservation. The Government of Finland is, therefore, of the view that the procedure
provided in article 50, paragraph 3, cannot be used for this purpose.
It is in the common interest of States that treaties to which they have chosen to
become Parties are respected as to their object and purpose by all Parties, and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of Finland, therefore, objects to the reservation made by the Government
of the Plurinational State of Bolivia. This objection does not preclude the entry
into force of the Convention between the Plurinational State of Bolivia and Finland.
The Convention will thus become operative between the two States without Bolivia benefitting
from this reservation.
Objection Portugal, 08-01-2013
The Plurinational State of Bolivia deposited its instrument of denunciation of the
Single Convention on Narcotic Drugs, 1961, as amended by the Protocol amending the
Single Convention on Narcotic Drugs, 1961, New York, 8 August 1975, with effect as
of 1 January 2012.
On 29 December 2011, Bolivia informed the depositary of its intention to accede once
again to the Convention, subject to the authorisation by the States Parties of a reservation,
submitted in accordance with Article 50, paragraph 3 of the Convention.
The Government of the Portuguese Republic considers that the United Nations' drug
control conventions are the corner stone of the international legal framework for
the fight against drugs.
The Government of the Portuguese Republic recognizes the efforts of the Plurinational
State of Bolivia to reduce the production and trade in illicit coca products and respects
the cultural importance of the coca leaf in Bolivia as part of Bolivian heritage.
However, the Government of the Portuguese Republic has serious concerns regarding
the procedure followed by the Plurinational State of Bolivia of denouncing the Convention
followed by an immediate re-accession with a reservation, since the Government of
the Portuguese Republic considers that submitting the said reservation is not possible
since 13 of December 1989, in accordance with the Articles 49, paragraph 2 and 41,
paragraph 1 of the Convention.
The Government of the Portuguese Republic therefore objects to the proposed aforesaid
reservation made by the Government of the Plurinational State of Bolivia.
Should the reservation of the Plurinational State of Bolivia be deemed to be permitted
in accordance with Article 50, paragraph 3 of the Convention, this objection shall
not constitute an obstacle to the entry into force of the Convention between the Portuguese
Republic and the Plurinational State of Bolivia.
Objection Israel, 08-01-2013
Israel objects to the proposed reservation. There is a substantial danger that the
reservation might lead to a greater supply of available coca and an increase of coca
production and sales. As a result, the reservation might weaken the international
efforts to prevent illicit production, traffic and abuse of drugs which constitute
the cornerstone of the Convention.
Objection Ireland, 09-01-2013
The Government of Ireland has examined the proposed reservation contained in the instrument
of accession to the Single Convention on Narcotic Drugs 1961, as amended by the Protocol
Amending the Single Convention on Narcotic Drugs, made by the Plurinational State
of Bolivia on 28 December 2011.
The Government of Ireland welcomes Bolivia's renewed commitment to continue to take
all necessary legal measures to control the illicit cultivation of coca in order to
prevent its abuse and the illicit production of the narcotic drugs which may be extracted
from the leaf.
The Government of Ireland is of the view, however, that this proposed reservation
raises doubts as to the commitment of Bolivia to the object and purpose of the Single
Convention, as amended, which is to limit the production, trade and use of narcotic
drugs to medical and scientific use and which provides for international cooperation
and control for the achievement of this object. The proposed reservation, on the contrary,
seeks to limit the international obligations of Bolivia by reserving its right to
allow for the continued cultivation, trade and possession of the coca leaf.
The Government of Ireland is concerned with regard to the procedure followed by the
Government of Bolivia in that the denunciation of the Single Convention, succeeded
by re-accession with a reservation, compromises the rules of the law of treaties that
prohibit the formulation of reservations after a state has become party to a treaty
and undermines international efforts to limit the production, trade and use of narcotic
drugs.
The Government of Ireland therefore objects to the aforementioned reservation made
by the Government of Bolivia to the Single Convention on Narcotic Drugs, as amended
by the Protocol Amending the Single Convention on Narcotic Drugs.
The objection shall not preclude the entry into force of the Single Convention, as
amended, between Ireland and Bolivia.
Objection Mexico, 09-01-2013
The Government of Mexico, pursuant to the applicable domestic and international legislation
and to the procedure indicated in article 50, paragraph 3 of the Convention, submits
through the present note its objection to the reservation for the following reasons:
1. The Single Convention on Narcotic Drugs of 1961, is an instrument of universal
scope, one of whose objectives is the protection of human health. Mexico is convinced
that only by maintaining the integrity of the Convention will its objectives be met.
2. In the terms of the General Health Act of Mexico, coca leaf is considered a narcotic
drug and its production is punishable under the Federal Criminal Code. Therefore,
accepting the reservation would be contrary to Mexican law.
3. The Government of Mexico has harmonized its legislation and implemented public
policies to tackle the drug problem, pursuant to the provisions of the three relevant
international instruments on this matter.
However, despite its objection to the reservation in question, the Government of Mexico
wishes to reiterate its respect for the human rights of indigenous peoples and for
their customs and practices, a commitment it fully shares with the Government of the
Plurinational State of Bolivia.
Objection Japan, 10-01-2013
The Government of Japan has examined the reservation made by the Plurinational State
of Bolivia and understands that Bolivia's contention is based on its custom and tradition.
However the Government of Japan is of the view that the reservation seems to be incompatible
with the object and purpose of the Convention to prevent the illicit production, manufacture
and trafficking of cocaine. Therefore, the Government of Japan objects to the aforesaid
reservation.
Should the aforesaid reservation be deemed to be permitted as provided under Article
50, paragraph 3 of the Convention, this objection shall not preclude the entry into
force of the Convention between Japan and the Plurinational State of Bolivia. However,
as also stipulated in the last sentence of the said paragraph, Japan would not assume
towards the Plurinational State of Bolivia any legal obligation under the Convention
which is affected by the reservation.
Be that as it may, the Government of Japan welcomes Bolivia's renewed commitment to
continue to take all necessary legal measures to control the illicit cultivation of
coca in order to prevent its abuse and the illicit production of the narcotic drugs
which may be extracted from the leaf.
Objection Romania, 14-01-2013
The Government of Romania, while not filing a formal objection to the reservation
made by Bolivia to article 49 of the 1961 Single Convention on Narcotic Drugs, presents
the following declaration:
The Government of Romania notes that Bolivia withdraw from the 1961 Single Convention
on Narcotic Drugs (to which it did not have any reservations) followed within a very
short period of time by a re-accession with a reservation.
The Government of Romania considers that the practice of withdrawing and re-acceding
to a Convention with the sole purpose of presenting a reservation is inconsistent
with the customary rule of international law according to which late reservations
may not be allowed. At the same time, such actions may raise questions with respect
to the stability of legal relations, as well as to the principle of pacta sunt servanda.
Objection Mexico, 30-11-2018
[…] the Permanent Mission of Mexico to the United Nations wishes to inform, for any relevant purposes, that, having made a comprehensive assessment of the recent developments in multilateral discussions on the subject of drugs, the Government of Mexico has decided to withdraw the objection to the reservation made by the Plurinational State of Bolivia upon accession to the Convention, submitted by Mexico on 9 January 2013 and communicated in depositary notification C.N.85.2013.TREATIESVI.18 […]
China
23-08-1985
The Chinese Government has reservation on paragraph 2, article 48 of the Single Convention
on Narcotic Drugs of 1961 [as amended].
Nepal
29-06-1987
His Majesty's Government of Nepal in accordance with article 49 paragraph 1 of the
said Convention hereby reserves the right to permit temporarily in its territory:
i. the quasi-medical use of opium;
ii. The use of cannabis, cannabis resin, extracts and tinctures of cannabis for non-medical
purposes; and
iii. The production and manufacture of and trade in the drugs referred to under (i)
and (ii) above.
Saudi Arabia
07-11-1997
The Kingdom of Saudi Arabia will not be bound by article 48, paragraph 2, of the Convention.
United States of America
29-03-2018
The United States Mission to the United Nations presents its compliments to the Executive
Office of the Secretary-General of the United Nations and refers to the U.N. Secretary-General’s
depositary notification C.N.812.2017.TREATIES-VI.18, dated January 3, 2018, regarding
the purported accession of the ‘State of Palestine’ to the Single Convention on Narcotic
Drugs, 1961, as amended by the Protocol amending the Single Convention on Narcotic
Drugs, 1961, done at New York August 8, 1975 (the Convention), for which the Secretary-General
of the United Nations is the depositary.
The Government of the United States of America does not believe the ‘State of Palestine’
qualifies as a sovereign State and does not recognize it as such. Accession to the
Convention is limited to sovereign States. Therefore, the Government of the United
States of America believes that the ‘State of Palestine’ is not qualified to accede
to the Convention and affirms that it will not consider itself to be in a treaty relationship
with the ‘State of Palestine’ under the Convention.
Vietnam
31-10-2022
[The Government of Viet Nam declares its reservation to] article 48, paragraph 2 on Dispute settlement of the Single Convention on Narcotic Drugs, 1961.