Rodrigo Uprimny Yepes, Diana Esther Guzmán, Jorge Parra Norato
31 December 2012
In Latin America, trafficking cocaine so it can be sold to someone who wants to use it is more serious than raping a woman or deliberately killing your neighbor. While it may seem incredible, that is the conclusion of a rigorous study of the evolution of criminal legislation in the region, which shows that countries’ judicial systems mete out harsher penalties for trafficking even modest amounts of drugs than for acts as heinous as sexual assault or murder.
Faced with this soiled wedge between state legislation and federal law within the United States, Mexico's President-elect Enrique Peña Nieto and his advisors have already concluded there will have to be a significant change in their anti-narcotics policy. Weeding out the marijuana issue was prudently left to behind closed door discussions.
Like a growing number of Latin American leaders, Peña, who takes office Dec. 1, says it may be time to reassess the drug war. In an interview with TIME, Peña has made his first direct remarks on the U.S. marijuana-legalization measures and how they complicate a four-decade-old drug interdiction strategy that has been widely branded a failure in both Mexico and the U.S.
Ending the consumption and the trafficking of illegal drugs is “impossible”, according to Felipe Calderón, Mexico’s outgoing president. In an interview with The Economist Mr Calderón, whose battle with organised crime has come to define his six years in office, said that countries whose citizens consume drugs should find "market mechanisms" to prevent their money from getting into the hands of criminals in Latin America.
Latin American countries are turning to Europe for lessons on fighting drugs after souring on the prohibition-style approach of the violent and costly U.S.-led war on drugs. Until recently, most Latin American countries had zero-tolerance rules on drugs inspired by the United States. But now countries from Brazil to Guatemala are exploring relaxing penalties for personal use of narcotics, following examples such as Spain and Portugal that have channeled resources to prevention rather than clogging jails.
Mexican President Felipe Calderon says the legalization of marijuana for recreational use in two U.S. states limits that country's "moral authority" to ask other nations to combat or restrict illegal drug trafficking. Calderon says the legalization of marijuana in Washington and Colorado represents a fundamental change that requires the rethinking of public policy in the entire Western Hemisphere.
A group of Latin American leaders declared that votes by two U.S. states to legalize marijuana have important implications for efforts to quash drug smuggling, offering the first government reaction from a region increasingly frustrated with the U.S.-backed war on drugs. The declaration by the leaders of Mexico, Belize, Honduras and Costa Rica did not explicitly say they were considering weakening their governments' efforts against marijuana smuggling, but it strongly implied the votes last week in Colorado and Washington would make enforcement of marijuana bans more difficult.
Latin American drug policies have made no dent in the drug trade; instead they have taken a tremendous toll on human lives. In 2009, the Washington Office on Latin America (WOLA) and the Transnational Institute (TNI) embarked on an ambitious project to document the real impact of Latin America’s “war on drugs” and to show its human cost through the video testimonies of the victims themselves.
Voters in Colorado and Washington state who approved the recreational use of marijuana Tuesday sent a salvo from the ballot box that will ricochet around Latin America, a region that's faced decades of bloodshed from the U.S.-led war on drugs. Experts said the moves were likely to give momentum to countries such as Uruguay that are marching toward legalization, to undercut Mexican criminal gangs and to embolden those who demand greater debate about how to combat illegal substances.
Michael Weissenstein, E. Eduardo Castillo (Associated Press)
07 November 2012
The legalization of recreational marijuana in the U.S. states of Washington and Colorado will force Mexico to rethink its efforts to halt marijuana smuggling across the border, the main adviser to Mexico's president-elect said. Luis Videgaray, head of incoming President Enrique Pena Nieto's transition team, told Radio Formula that the Mexican administration taking power in three weeks remains opposed to drug legalization.
Over the past year, the world has eyed Latin America as it has forged forward, in both policy and politics, with a rethink of the “war on drugs.” (See our recent cover story on “Latin America reinventing the war on drugs” here.) But tomorrow, the world will be watching the United States, the birthplace of the “war on drugs,” as three states vote on legalizing the recreational use of marijuana.
Mexico, Colombia and Guatemala face the need to modify their approach to the fight against drug trafficking and are urging the world to do the same. But Mexico and Colombia’s willingness to make the necessary changes is unclear. The three countries are connected by a powerful circuit of trafficking of drugs – whose main market is the United States – weapons and money from illegal activities. But the extent of the problem and the way drug organisations operate in each one of these countries vary.
Washington’s hard-lined anti-legalization position is unlikely to waiver regardless of who wins the upcoming U.S. presidential election. A more important question lies in Washington’s loss of influence within the region over the last ten years. As a result, the potential for legalization makes the overall political ramifications unpredictable for the region. This is especially true when it comes to Uruguay, a country that will soon be voting on the world’s first legalization legislation.
While Latin America insists that policy change must be the focus of a coordinated global effort, the region seems bent on advancing reform, with or without international support. “We have systematically called for ample discussion on these matters on the international stage, but we have only found obstacles. Ultimately, Latin America has the autonomy to advance measures that we feel are most pertinent for our citizens,” says Julio Calzada, secretary general of Uruguay’s National Committee on Drugs.
Colombia, Guatemala, and Mexico – hardly liberal bastions – have taken the matter a step further. The Latin American countries, each threatened by drug violence, sent a clearly worded declaration to the United Nations, inviting member states to undertake a consultation process to come up with more effective drug policy strategies. They urged the UN to “exercise its leadership…. to conduct deep reflection to analyze all available options, including regulatory or market measures, in order to establish a new paradigm,” the declaration states, translated into English by the Guatemala Times.
The presidents of Mexico, Colombia and Guatemala all called for a vigorous global debate of drug laws at the United Nations on Wednesday, raising new questions about the wisdom of the four-decade-old, U.S.-led "war on drugs." Although none of the leaders explicitly called for drugs to be legalized, they suggested at the U.N. General Assembly that they would welcome wholesale changes to policies that have shown scant evidence of limiting drug flows. Guatemalan president Perez Molina said his government "would like to establish an international group of countries that are well disposed to reforming global policies on drugs."
By Sara Miller Llana, Staff writer, Sebastian Scholl , Sara Shahriari, Latin America correspondent
29 July 2012
Like thousands of other Bolivians, Marcela Lopez Vasquez's parents migrated to the Chapare region, in the Andean tropics, desperate to make a living after waves of economic and environmental upheaval hit farming and mining communities in the 1970s and '80s.
The president-elect of Mexico, Enrique Peña Nieto, said Mexico should have a debate about legalizing and regulating, an approach advocated by other Latin American leaders to take marijuana sale profits out of the hands of the drug cartels. While insisting he was not in favor of legalizing drugs, he said, "I'm in favor of opening a new debate in the strategy in the way we fight drug trafficking. It is quite clear that after several years of this fight against drug trafficking, we have more drug consumption, drug use and drug trafficking. That means we are not moving in the right direction. Things are not working."
Colombia's Constitutional Court approved the government's proposal to decriminalize the possession of small amounts of cocaine and marijuana for personal use. Anyone caught with less than 20 grams of marijuana or one gram of cocaine for personal use may receive physical or psychological treatment depending on their state of consumption, but may not be prosecuted or detained, the court ruled.
Uruguay's proposal to legalize marijuana sales – and make its government the sole seller – reflects a growing worldwide urge to find new and less violent solutions to an old but more deadly drug war. The U.S. – which has emphatically rejected Latin America’s increasing call for marijuana legalization – is no doubt irked by Mujica’s move, especially since his bill also calls on the international community to consider marijuana legalization. So, probably, is the U.N.’s International Narcotics Control Board, which doesn’t even think Bolivians should be allowed to grow and chew coca leaves for traditional uses. But the U.S. and U.N. mindset on drug legalization is hardly as dominant as it was just a few years ago. The world seems fed up with the status quo.