The Research Consortium on Drugs and the Law (CEDD)
09 July 2014
The Research Consortium on Drugs and the Law (Colectivo de Estudios Drogas y Derecho, CEDD) has published a new study that assesses state responses to illicitly-used drugs in eight countries in Latin America: Argentina, Brazil, Bolivia, Colombia, Ecuador, Mexico, Peru and Uruguay. The study found that Latin American governments’ approach to drug use continues to be predominantly through the criminal justice system, not health institutions. Even in countries where consumption is not a crime, persistent criminalization of drug users is common.
In this briefing the Transnational Institute (TNI) analyses the proceedings and results of the CND meeting in Vienna, 7-11 March 2005, outlines several options for follow-up and recommends next steps to take.
Meetings of the Commission on Narcotic Drugs (CND) are no forum for debate and change. The author, a former senior officer of the United Nations International Drug Control Programme (UNDCP), shows how CND meetings are manipulated in the interests of 17 developed countries that largely fund UNDCP – the CND’s ‘civil service’. However, these major donors are not united on policy or on how to apply the UN drug Conventions, so CND decisions reflect the lowest level of disagreement, with major splits on policy ignored.
The United Nations drug control conventions of 1960 and 1971 and later additions have inadvertently resulted in perhaps the greatest restrictions of medical and life sciences research. These conventions now need to be revised to allow neuroscience to progress unimpeded and to assist in the innovation of treatments for brain disorders. In the meantime, local changes, such as the United Kingdom moving cannabis from Schedule 1 to Schedule 2, should be implemented to allow medical research to develop appropriately.
In Peru, the law on drugs does not punish drug use or drug possession for personal use by imprisonment. Nonetheless, as the Peru chapter of the study Systems Overload: Drug Laws and Prisons in Latin America concludes, the Peruvian authorities treat drug use as if it were criminal conduct. As a result, the police are overwhelmed, trials are delayed, and the prisons are filled.
The 48th session of the UN Commission on Narcotic Drugs (CND), 7-11 March 2005 in Vienna, was plagued by controversy about the legitimacy of harm reduction policies. Ending in stalemate, guidance for UNODC to operate in this field remains ambiguous. In June, at the Programme Coordinating Board (PCB), a consensus was reached regarding a mandate for UNAIDS to be involved in needle exchange programmes and other harm reduction activities among injecting drug users. What options are available to clarify UNODC’s mandate in this area and more in general to achieve a breakthrough in policy dilemmas that surfaced recent years at the UN level.
The number of people imprisoned for drug offenses in Brazil has increased over the last 20 years, but this has not affected the availability or consumption of drugs, reveals a study by the Transnational Institute (TNI) and the Washington Office on Latin America (WOLA). The study also shows that those who are locked up for drug offenses are mainly small-scale dealers who represent the lowest links in drug distribution operations, and not the large-scale wholesale traffickers who dominate the country’s illicit drug trafficking trade.
The "international community" presented an apparent unanimity in its endorsement of prohibitive drug control at the United Nations General Assembly Special Session (UNGASS) on drugs in 1998. The reality is that there is a longstanding conflict within the UN system between nations wanting to maintain the prohibition regime and those hoping for a more pragmatic approach.
In Colombia, most of the people incarcerated for drug-related crime are merely small-scale participants in the drug trafficking networks, reveals the study Systems Overload: Drug Laws and Prisons in Latin America published by the Transnational Institute (TNI) and the Washington Office on Latin America (WOLA).
Mexico’s security crisis’ most evident toll is the unacceptable level of violence linked to drug trafficking. However, a report published today by the Transnational Institute (TNI) and the Washington Office on Latin America (WOLA) reveals that there are other damaging consequences, such as increased number of prisoners and the fact that the majority of the prisoners are small-scale offenders or users, and are from the most vulnerable sectors of society.
It is a noble and worthy step to attempt to change the drug control treaties, but this is likely to take a long time and it may not be the essential starting place of reform. The amount of flexibility in the treaties is only partly a function of treaty language, for this language is always interpreted, and interpretations can vary depending upon how many states actively argue for more flexibility.
The Bolivia chapter is based on a survey of 130 prisoners in the San Pedro men’s prison in the city of La Paz, supplemented by other official data. The study Systems Overload: Drug Laws and Prisons in Latin America, published today by the Transnational Institute (TNI) and the Washington Office on Latin America (WOLA), concludes that Bolivia has one of the harshest drug laws in the region, combined with inadequate administration of the national prison system.
Fifty years after its entering into force, it is time for a critical reflection on the validity of the Single Convention today: a reinterpretation of its historical significance and an assessment of its aims, its strengths and its weaknesses.
During the 20th century, drug policies in Colombia were increasingly repressive, largely ineffective, and heavily influenced by the international legal framework that was put in place. In effect, in just a few years Colombia went from having a scattered set of regulations, with an emphasis on prevention and medical-administrative treatment, to having legislation abundant in definitions of criminal conduct and sanctions that included the full drug cycle, from production through marketing and trafficking to consumption.
Since 1909 the international community has worked to eradicate the abuse of narcotics. A century on, the efforts are widely acknowledged to have failed, and worse, have spurred black market violence and human rights abuses. How did this drug control system arise, why has it proven so durable in the face of failure, and is there hope for reform?
The number of people imprisoned for drug offenses in Brazil has increased over the last 20 years, but this has not affected the availability or consumption of drugs. The study also shows that those who are locked up for drug offenses are mainly small-scale dealers who represent the lowest links in drug distribution operations, and not the large-scale wholesale traffickers who dominate the country’s illicit drug trafficking trade.
Peru is a major world producer of coca leaf and its derivatives. Since the year 2000, successive Peruvian administrations have followed a drug policy focused on supply reduction through interdiction and eradication strategies. The law on drugs does not punish drug use or drug possession for personal use by imprisonment. Nonetheless, the Peruvian authorities treat drug use as if it were criminal conduct. As a result, the police are overwhelmed, trials are delayed, and the prisons are filled.
Heather J. Haase, Nicolas Edward Eyle, Sebastian Scholl , Joshua Raymond Schrimpf
31 July 2012
The way the world looks at drug control is changing. There has been a growing awareness of the issue for the past decade, as well as increasing public outcry over what many see as a failure of the once popular "war on drugs." Nowhere is this battle more pronounced than in the so-called "marijuana wars," which are slowly growing into an old-fashioned standoff between the states and the federal government.
Argentina is a “transit” country within the international drug market. The laws designed to prosecute drug crimes have failed to reduce the scale of trafficking and have resulted instead in the imprisonment of people in vulnerable situations.