Santo Daime in Belgium and the Netherlands

Abstract

While a good faith interpretation of the 1971 UN Convention on Psychotropic Substances clearly establishes that ayahuasca is not prohibited by international law, numerous issues have risen with regard to the religious use of ayahuasca at the national level in various countries. This chapter will contextualize the main legal issues related to the use of ayahuasca in Belgium and the Netherlands by a New Religious Movement (NRM), called Santo Daime. With regard to Belgium, a brief historic analysis of national drug legislation will allow for an appreciation of whether ayahuasca is prohibited on the national level, and whether Santo Daime could a priori be considered a Harmful Sectarian Organization (HSO). Subsequently, this allows for an exploration of to what extent certain actions by the Federal Police’s HSO group (part of the Anti-Terrorism Division), the Belgian Public Ministry, and its courts between 2011 and 2015 were in line with human rights law. The analysis of Belgium will serve as the basis for a comparative study on the legal processes in the Netherlands with regard to the same tense relation between Santo Daime churches and the national institutions responsible for the protection of public health. To conclude, a general overview will be given on the main issues related to the legal status of Santo Daime churches in Belgium and the Netherlands, while also elaborating on the tactics certain churches are using to achieve more legitimacy in society while pushing for policy reform. As certain partnerships can be observed between indigenous peoples and Santo Daime churches, this last analysis will include an exploration of the legal challenges and opportunities related to the rights of indigenous peoples to teach their traditional medicinal practices.