The Sentencing Council for England and Wales initiated a consultation process in order to produce definitive sentencing guidelines for drugs offences for the UK in the future. In order to feed into this process, IDPC, in collaboration with TNI, held an Expert seminar on proportionality in sentencing for drug offences, on 20th May 2011, in London, UK. The seminar was an important gathering of international experts on the subject of proportionality and provided a space for fruitful and in depth discussions on sentencing experiences from around the world. A draft report of the meeting was sent to the Sentencing Council as part of the consultation process on 20th June.
There has in recent years been a renewed interest in the principle of proportionality in sentencing policy for drug offences. There has been official analysis of the issue by the International Narcotics Control Board (‘INCB’) and several national initiatives that have emphasised a requirement for proportionality when sentencing in statute or penal code, asserted it through the courts, or, as with the UK Consultation on sentencing for drug offences, are continuing to explore the concept through policy processes.
Alternative Development (AD) must not be part of a militarised security strategy, which is the predominant approach in Colombia. Instead of simply attempting to reduce the area planted with illicit crops, Alternative Development programmes should operate within the framework of a rural and regional development plan.
This brief report outlines the links between cannabis prohibition in British Columbia (Canada) and the growth of organized crime and related violence in the province, and is the first report of a coalition of concerned citizens and experts known as Stop the Violence BC. The report also defines the public health concept “regulation” and seeks to set the stage for a much needed public conversation and action on the part of BC politicians.
The New Zealand Law Commission was asked to address the efficacy of the Misuse of Drugs Act in reducing the demand for, and supply of, drugs prohibited under the International Drug Conventions. The Commission has recommended the existing Act be repealed and replaced by a new Act administered by the Ministry of Health. Justice Hammond said the thrust of the proposed new Act is to facilitate a more effective interface between the criminal justice and health sectors: “We need to recognise that the abuse of drugs is both a health and a criminal public policy problem.”
Threshold quantities (TQs) for drug law and policy are being experimented with across many jurisdictions. States seem attracted to their apparent simplicity and use them to determine, for example, whether: a possession or supply offence is made out (e.g. Greece); a matter should be diverted away from the criminal justice system (e.g. Portugal); or a case should fall within a certain sentencing range (e.g. UK).
There has in recent years been a renewed interest in the principle of proportionality in sentencing policy for drug offences. There has been official analysis of the issue by the International Narcotics Control Board (INCB) and several national initiatives that have inscribed a requirement for proportionality when sentencing in statute or penal code, asserted it through the courts, or, as with the UK Consultation on sentencing for drug offences by the Sentencing Council of England and Wales, are continuing to explore the concept through policy processes.
Dr. Pedro Paez talks about the creation of a new financial architecture in Latin America, based on principles of redistribution, environmental sustainability and social cohesion rather than market principles that dominated the old architecture.
Carlos Vinicius Xavier, Fabio T. Pitta, Maria Luisa Mendonça
18 November 2011
In this publication, data and recent analyses will be presented on the expansion of sugar cane monoculture for ethanol production in Brazil, and in particular on the monopolisation in the sector due to mergers and the takeover of production plants by foreign companies
Bilateral investment treaties (BITs) allow transnational corporations to by-pass domestic courts and sue sovereign states - costing tax payers millions in legal expenses and preventing governments from acting in the best interests of their citizens.
Since first coming to public prominence at the end of 2009, legal highs have posed a major challenge to existing legal and legislative structures designed to deal with drugs. With the market in manufactured psychoactive substances like mephedrone moving faster than public policy can accommodate, this report asks whether the assumptions enshrined in the 40-year-old Misuse of Drugs Act (MDA) are still valid when applied 21st century drugs market.
TNI's paper for the Global Commission on Drug Policy describes the foundations of the global drug control system, its degeneration into the 'war on drugs', and how international drug policy can be made both more effective and more humane.
Distinguishing between drug possession for personal use and supply and trafficking is widely acknowledged as one of the most difficult and controversial issues facing drug legislators and policy makers. To address the problem, two solutions are typically enacted: the threshold scheme and the "flexible" model.
On 29 June 2011, the Bolivian government denounced the 1961 Single Convention on Narcotic Drugs as amended by the 1972 Protocol, indicating its intention to re-accede with a reservation allowing for the traditional use of the coca leaf. This decision was triggered by Bolivia’s need to balance its obligations under the international drug control system with its constitutional and other international legal commitments. The move follows the rejection of Bolivia’s proposal to amend the Single Convention by deleting the obligation to abolish coca leaf chewing (Article 49) earlier this year.
In 2000, the Portuguese government responded to widespread public concern over drugs by rejecting a "war on drugs" approach and instead decriminalized drug possession and use. It further rebuffed convention by placing the responsibility for decreasing drug demand as well as managing dependence under the Ministry of Health, rather than the Ministry of Justice. With this, the official response toward drug dependent persons shifted from viewing them as criminals, to treating them as patients.
The fundamental flaw at the heart of UNEP's report "Towards a Green Economy" is its failure to analyse the extraordinarily unequal power relations that exist in today’s world, and the interests at play in the operation of this global economic system.
TNI has continued to work with social movements, policy makers and practioners, advocating a response to the growing combined economic, environmental and social crises by focusing on exploring and practicing alternatives.