For more than ten years, TNI’s Drugs & Democracy programme has been studying the UN drug control conventions and the institutional architecture of the UN drug control regime. As we approach the 2016 UNGASS, this primer is a tool to better understand the role of these conventions, the scope and limits of their flexibility, the mandates they established for the CND, the INCB and the WHO, and the various options for treaty reform.
UN forums in recent years have witnessed more and more governments expressing their frustrations with the failing global war on drugs. This failure goes way beyond just the goals of drug control systems to reduce illicit drug production and use. The key driver of calls for change has been the catastrophic negative impacts of the war on drugs on public health, human rights, development and security.
In a press conference at the United Nations in New York on October 9, US official William Brownfield laid the groundwork for a new US approach to international drug policy, pointing to the changing political landscape on drug regulation in the Americas.
Assistant Secretary of State William Brownfield called for "flexible" interpretations of international drug control treaties at the United Nations in New York City, citing marijuana legalization in Colorado and Washington.
Global disagreement over drug policies provides an important opportunity to reconsider the effectiveness of existing counternarcotics policies, address their problematic side effects, and propose evidence-based alternative strategies. Because of the differences in attitudes on drug policy around the world, a substantial revision of existing counternarcotics treaties is unlikely at UNGASS 2016. (See also: Improving global drug policy: Comparative perspectives and UNGASS 2016)
The UN's top narcotics official said on Wednesday that recent votes by US states to legalize marijuana have put America in deeper violation of the international conventions that guide drug policy around the world. Earlier this month, voters in Oregon, Alaska, and Washington DC legalized the recreational use and sale of marijuana. Similar ballot initiatives have already passed and taken effect in Colorado and Washington.
Major divisions over the global "war on drugs" have been revealed in a leaked draft of a UN document setting out the organisation's long-term strategy. The draft, written in September shows there are serious divisions over the longstanding US-led policy promoting prohibition as an solution to the problem. Instead, a number of countries are pushing for the "war on drugs" to be seen in a different light, placing greater emphasis on treating drug consumption as a public health problem, rather than a criminal justice matter. (See also: Drug control policies are changing: Why? And why has it taken so long?)
In the West few politicians have been ready to admit the drug war’s failure—even as they quietly moderate their policy. They need to be honest with their own voters about the misery it has caused. Only then can they make a good case to the rest of the world that drug addicts need treatment, not prison, and that supply should be managed, not suppressed. A UN meeting next year to take a fresh look at the international conventions that shape national drug laws would be an excellent place to start. The first drug war caused devastation enough. For history to repeat itself would be a tragedy.
Senator Mark Golding, minister of justice, participated in a plenary session with several UN member states at the United Nations in a High Level Thematic Debate on International Drug Policy in preparation for the UN General Assembly Special Session on the World Drug Problem (UNGASS) scheduled for April 19-21 2016. Minister Golding highlighted Jamaica’s perspectives called for open and inclusive discussions, including the creation of an expert advisory group to review the United Nations drug policy control architecture.
The extent to which the ongoing drug-control reforms across the Americas are pushing the boundaries of the global legal framework laid down in three UN drug-control conventions has become a delicate issue. The decriminalization of possession for personal use in several Latin American countries and the establishment of a supervised injection room in Vancouver, Canada have already triggered protracted legal disputes with the International Narcotics Control Board (INCB), the quasi-judicial organ for the conventions’ implementation.
At the annual UN General Assembly meeting held in New York, presidents from around the world have the chance to state their views on the key international issues of the day. Not surprisingly, the crisis in Syria, Iran’s pursuit of nuclear weapons and the Millennium Development Goals took center stage this year. Yet a careful viewing of the speeches of the Latin American presidents illustrates the growing voice of Latin American leaders calling for meaningful reform of drug control policies.