1 – CONFEN Resolution on Ayahuasca
2 – Charter of Principles for the Use of Ayahuasca
3 – On the Deontology of the Use of Ayahuasca in Brazil
1 – CONFEN RESOLUTION ON AYAHUASCA:
MINUTES OF THE MEETING OF THE FEDERAL COUNCIL ON NARCOTICS – CONFEN
Published in the Official Gazette, Section 1, No. 11467, on 24 AUG 1992. (Ref. No. 157/92)
FEDERAL COUNCIL ON NARCOTICS – MINUTES OF THE 5th ORDINARY MEETING
(Held on June 2, 1992)
At nine thirty (9:30) in the morning of June 2, 1992, the Federal Council on Narcotics (CONFEN) met in its 5th Ordinary Meeting of the current year in the Meeting Room of Annex Building II of the Ministry of Justice, Brasília – DF, under the Chairmanship of Dr. Ester Kosovski, titular representative of the Ministry of Justice. The following members were present: CÂNDIDA ROSILDA DE MELO, Titular Representative of the Ministry of Education; DITA PAULA SNEL DE OLIVEIRA, Substitute Representative of the Ministry of Education; ARNALDO MADRUGA FERNANDES, Titular Representative of the Brazilian Medical Association; ALOÍSIO ANDRADE FREITAS, Substitute Representative of the Brazilian Medical Association; UBYRATAN GUIMARÃES CAVALCANTI, Substitute Representative of the Ministry of Justice; FRANCISCO DA COSTA BAPTISTA NETO, Titular Representative of the Ministry of Justice; CARLOS CÉSAR CASTELLAR PINTO, Substitute Representative of the Ministry of Justice; DOMINGOS SÁVIO DO NASCIMENTO ALVES, Substitute Representative of the Ministry of Health; WILSON ROBERTO GONZAGA DA COSTA, Titular Representative of the Ministry of Labor; MARIA DULCE SILVA BARROS, Titular Representative of the Ministry of Foreign Affairs; ÁLVARO NUNES DE OLIVEIRA, Representative of the Ministry of Economy, Finance and Planning; CECÍLIA ISABEL PETRI, Substitute Representative of the Ministry of Economy, Finance and Planning; SÉRGIO SAKON, Substitute Representative of the Federal Police Secretariat; DOMINGOS BERNADO GIALLUISI DA SILVA SÁ, Titular Jurist Representative; and NÉLIO ROBERTO SEIDL MACHADO, Substitute Jurist Representative. Also present were Dr. ANA LÚCIA ROCHA STUDART, General Coordinator of Sectoral Articulation, and ADÉLIO CLAUDIO BASILÉ MARTINS, Advisor to that Coordination. Dr. ESTER KOSOVSKI declared the meeting open…
EXCERPTS FROM THE MINUTES:
d – Councilmember Domingos Bernardo Gialluisi da Silva Sá delivered an Opinion on "AYAHUASCA TEA", the content of which was unanimously approved. The conclusion reads: "29 – The conclusion proposed in 1987 in the Final Report resulting from the studies carried out by the Working Group — constituted by CONFEN Resolution No. 04 of 30.07.1985 — has been upheld by CONFEN throughout its various administrations. I see no reason to change it. On the contrary, there is today a serious argument, added to the others, to confirm it — the time elapsed since 1986, when the provisional suspension of the prohibition was granted. Six years of public monitoring of the use of Ayahuasca in Brazil have passed since its prohibition in 1985, when its use — which had been ongoing for decades — was interrupted. 30 – Time has helped to show that CONFEN acted and continues to act correctly. The community has been able to exercise its controls fully and adequately, without any State interference which, otherwise, would only create problems through unnecessary and improper intervention. THAT BEING SAID, I submit to the sovereign decision of the Plenary the following recommendations: a – Ayahuasca, whose main Brazilian names are 'Santo Daime' and 'Vegetal', and the plant species that compose it — 'Banisteriopsis Caapi', commonly known as cipó jagube or mariri, and 'Psychotria Viridis', known as folha, rainha or chacrona — shall remain excluded from the lists of DIMED or the body responsible for complying with Article 36 of Law No. 6.368 of 21.10.1976, in accordance with the multidisciplinary analysis contained in the Final Report of September 1987 and the present opinion; b – the legitimate use of Ayahuasca hereby recognized, as well as any other substance acting on the Central Nervous System, may be subject to re-examination, provided this is based on new facts whose substantive or essential aspects have not yet been assessed by CONFEN, given that adherence to decisions on matters on which the Board has already ruled is a factor of stability in relations within the Public Administration itself and with the individual interests involved; c – a mixed commission shall be organized, composed of CONFEN members, which may invite advisors, and representatives of entities that observe the use of Ayahuasca in their rites, with the objective of consolidating the basic principles and rules common to the various entities referred to, for the purposes, among others, of monitoring by the Public Administration; d – the Final Report and the documents that informed it, assessed by CONFEN at its plenary meeting of September 1997, form an integral and complementary part of this opinion and are hereby re-presented in copy for CONFEN's archives and to meet any requests for clarification from interested parties in general."
2 – CHARTER OF PRINCIPLES FOR THE USE OF AYAHUASCA
Despite their diversity of rituals and doctrines, the religious institutions that currently use Ayahuasca in Brazil share one common trait: the recognition of the importance of this millenary tradition for the evolution of humanity, and their intention to ensure the proper use of the tea, unequivocally affirming the positive nature of their respective institutions. To this end, a "Charter of Principles" was signed in common agreement among the major institutions using Ayahuasca, establishing common ethical procedures around its use. The Sociedade Panteísta Ayahuasca, in Article 29 of its bylaws, commits to following the guidelines defined in the Charter of Principles signed by the participating entities of the 1ST INTERNATIONAL CONGRESS ON AYAHUASCA, held in November 1992 in Rio Branco (State of Acre), specifically committing to:
1. On the preparation and use of Ayahuasca: Ayahuasca is a product of the combination of Banisteriopsis Caapi (mariri or jagube) and Psychotria Viridis (chacrona or rainha), boiled in water. Its use, which is traditional among the peoples of the Amazon, must, in urban centers, be restricted to religious rituals authorized by the leadership of the using entities, in appropriate locations, and its association with proscribed substances is prohibited.
2. On religious rituals: Respecting each entity's liturgy and given the particularities of Ayahuasca use, the entities commit to ensuring that users remain on the premises of the temples while under the effect of the tea.
3. On planting and cultivation: The entities have the right to plant and cultivate the plant species necessary for obtaining the beverage, in view of the degradation of the natural habitat where they are most accessible.
4. On care and restrictions:
4.1. Commercialization: The entities commit not to commercialize Ayahuasca, even to their own members, the costs of production, transport, storage and distribution to branches being the responsibility of the Center.
4.2. Curanderism: The practice of curanderism, prohibited by Brazilian law, must be avoided by the signatory entities. The curative and medicinal properties of Ayahuasca — which these entities know and attest to — require proper use and must be understood from a spiritual standpoint, avoiding any publicity that might mislead the public or authorities.
4.3. Incapacitated persons: Participation in religious rituals as well as the use of Ayahuasca shall be strictly prohibited for persons who are intoxicated or under the influence of proscribed (hallucinogenic) substances. The participation of minors shall only be permitted with parental or guardian authorization.
5. On the dissemination of information: Much of the controversy and difficulties surrounding the use of Ayahuasca — including with constituted authorities — stems from misconceptions spread by the media. This requires that the using entities exercise special care in dealing with information about Ayahuasca. It is essential:
5.1. That each institution, when speaking to the media, obligatorily clarify the name of its entity, making it explicit that it does not represent the other using entities.
5.2. That each institution restrict the right to speak to the media to experienced persons within its hierarchy, given the risks arising from the irresponsible dissemination of the topic by persons unfamiliar with it.
5.3. When a topic common to the using institutions is on the agenda, prior agreement shall be sought on what will be disseminated, so as to safeguard the general interest and the correct understanding of each institution's objectives.
6. On legal regulation: The regulation of Ayahuasca use is a priority objective of the signatory entities of this Charter of Principles, in order to overcome the obstacles and controversies regarding its proper use.
6.1. Each of the signatory institutions, through its director or a specially designated representative, shall be accountable, under the terms of this Charter of Principles, to the other signatory entities.
6.2. This Charter of Principles is open to adherence by other Ayahuasca-using entities whose membership is approved by absolute majority at a plenary meeting.
7. Omitted cases shall also be resolved by absolute majority of the signatories of the Charter of Principles.
3 – ON THE DEONTOLOGY OF THE USE OF AYAHUASCA IN BRAZIL
In this document, I provide a summary and synthesis of the opinion of the study group that deliberated on the proper and just use of Ayahuasca — Régis Alain Barbier.
It is widely known that CONAD, the normative body of the National System of Public Policies on Drugs, in the exercise of its legal authority approved the opinion of the collegiate body that preceded it — the CONFEN — regarding the use of Ayahuasca: "let it be recorded in the minutes, for purposes including use by interested parties, that there can be no restriction, direct or indirect, on the religious practices of communities, based on the prohibition of the ritual use of Ayahuasca."
Its decisions "shall be complied with by the agencies and entities of the Public Administration that are part of the System" (Articles 3, I; 4; 4, II; and 7 of Decree No. 3,696 of 21/12/2000). Among other things, the aforementioned opinion concluded: "the freedom of religious use of Ayahuasca must be reiterated, in view of the grounds contained in the decisions of the collegiate body, in both its former and current composition, considering the inviolability of conscience and beliefs and the guarantee of State protection to the manifestations of popular, indigenous and Afro-Brazilian cultures, based on Articles 5, VI and 215, §1 of the Brazilian Constitution, thereby avoiding any form of prejudice."
With the objective of contributing to the full implementation of what was discussed and approved "on the religious use of Ayahuasca", a MULTIDISCIPLINARY WORKING GROUP [GMT] was constituted — with representatives appointed by CONAD and elected from among various using entities — which, based on the premises established by CONAD's decisions, was to work with broad freedom in drafting a document that "translates the deontology of the use of Ayahuasca". This resolution was officially inaugurated by the Minister-Chief of the Institutional Security Cabinet of the Presidency of the Republic and President of the National Anti-Drug Council, JORGE ARMANDO FÉLIX, on May 30, 2006, at the Palácio do Planalto in Brasília-DF.
The final objective of the GMT, under the terms of the CONAD resolution, is to identify "what needs to be done" to address the various items comprising the rights and obligations pertaining to the "religious use of Ayahuasca" — thereby translating the deontology of Ayahuasca use: (deon, from the Greek: "what needs to be done" + logos, also from the Greek: "study"). Most of the group's deliberations were consensual, and, after various discussions and analyses, a confrontation and pluralism of ideas prevailed, taking into consideration:
IMPROPER USE OF AYAHUASCA: 1) the practice of commerce; 2) tourist exploitation of the beverage; 3) use in association with illicit psychoactive substances; 4) use outside of religious rituals; 5) therapeutic activity exclusive to a profession regulated by law, without the support of scientific research — curanderism, advertising, and other practices that may put the physical and mental health of individuals at risk;
PROPER USE OF AYAHUASCA: 1) the use of Ayahuasca tea — a product of the decoction of the vine Banisteriopsis caapi and the leaf Psychotria viridis — restricted to religious rituals, in locations authorized by the respective leadership of the using entities; 2) that the process of production, storage, distribution and consumption of Ayahuasca is integral to the religious use of the beverage; 3) that the extraction of sacred plant species integrates the religious ritual [each entity shall seek self-sufficiency within a reasonable timeframe, developing its own cultivation capable of meeting its needs and avoiding the degradation of native forest species; the extraction of plant species from the native forest shall comply with environmental regulations]; 4) the curative and medicinal properties of Ayahuasca — which the entities know and attest to — must be understood from a spiritual standpoint, requiring responsible use, avoiding advertising that might mislead the public or authorities; 5) that the groups that make religious use of Ayahuasca shall constitute themselves as legal organizations, under the guidance of responsible persons with experience in the recognition and cultivation of sacred plant species, in the preparation and use of Ayahuasca and in the conduct of rites; 6) exercise rigorous control over the system of admission of new members, conducting interviews with those interested in ingesting Ayahuasca, in order to avoid administering it to people with a history of mental disorder, as well as persons under the influence of alcoholic beverages or other psychoactive substances; 7) maintain registration records with participants' data, inform them about the principles of the ritual, schedules, rules, including the need to remain on the premises until the end of the ritual and the effects of Ayahuasca.
With regard to research, the GMT suggests that scientific research should be promoted covering the following areas: pharmacology, biochemistry, clinical medicine, psychology, anthropology and sociology, encouraging multidisciplinarity; it is suggested to CONAD that it promote and finance research related to the use and effects of Ayahuasca. With the deontological principles here defined observed, it is the responsibility of each entity and its members, in the institutional, religious or social relationships they maintain with one another, at any level, to uphold ethics, mutual respect and the promotion of objectives and goals.