In 2015, Uruguay co-sponsored a resolution calling upon the UN High Commissioner for Human Rights (OHCHR) to prepare a report ‘on the impact of the world drug problem on the enjoyment of human rights.’16’ In its contribution to OHCHR preparations, Uruguay laid out its stance regarding the primacy of human rights:
Uruguay’s ability to move forward with a policy clearly beyond the bounds of the UN drug treaties owes to a combination of factors. First, Uruguayan authorities foresaw the international criticism their move would likely trigger, and fashioned an argument based on human rights obligations that was consistent with the country’s international reputation, and that was coherent with the country’s rationale for revising its cannabis law in the first place. Second, as a practical matter, the UN drug control treaty bodies, including the INCB, do not have the kind of enforcement authority or practical political power that would be necessary to prevent Uruguay from moving ahead with implementation of its new law. Countries such as the United States have historically wielded their political influence and power to encourage full implementation of the drug treaties. However, with Uruguay’s law entering its fifth year since passage, there has not been a concerted U.S. government effort to punish Uruguay bilaterally or in an international arena, suggesting that Uruguay’s reforms will not be stymied because of international pressures. In this regard, Uruguay has taken advantage of felicitous timing, with its law’s passage having come in the midst of a major shift toward cannabis regulation within the United States. After the November 2012 ballot initiatives to legalize cannabis in the states of Colorado and Washington, U.S. President Barack Obama’s administration adopted a policy of conditional accommodation of state-level cannabis legalization, contained in Justice Department enforcement guidance known as the “Cole Memo.”18” This accommodation provided Uruguay a political cushion internationally, just as the Uruguayan parliament was preparing to approve the country’s cannabis reform.
In the wake of the Colorado and Washington ballot initiatives, the U.S. federal government was suddenly in an awkward spot. The United States was the key architect and for decades the chief enforcer of the UN drug treaties, including vigorous enforcement of the global prohibition on non-medical uses of cannabis. To oppose Uruguay’s new law or even pressure Uruguay to revise or annul it—as it is easy to imagine previous administrations attempting to do so—would open the United States to charges of hypocrisy.
One was to re-accedaccede with a reservation like Bolivia:
Another suggestion was a convention between the cannabis-legalizating countries: