How can we resolve the tensions between current drug control policies and states’ human rights obligations? The international human rights framework clearly establishes that, in the event of conflicts between obligations under the UN Charter and other international agreements, human rights obligations take precedence. As legally regulated cannabis markets start to grow, now is the time to secure a legitimate place for small farmers using alternative development, human rights and fair trade principles.
As an increasing number of jurisdictions consider whether and how to legalize and regulate access to cannabis, tensions are growing between these initiatives and countries’ obligations under the UN drug control conventions. A groundbreaking new report produced by a coalition of legal and drug policy experts offers strategies for countries exploring regulatory approaches to cannabis to do so in ways that ensure that their domestic reforms align with their international legal obligations.
With an increasing number of jurisdictions enacting or contemplating reforms creating legal access to cannabis for purposes other than exclusively "medical and scientific," tensions regarding the drug conventions and evolving law and practice in Member States continue to grow.
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.
David Bewley-Taylor, Martin Jelsma, Christopher Hallam
16 June 2014
Scheduling is mostly prioritised in its repressive pole, though present debates are increasingly highlighting the need to modify the balance of the system in order to affirm the importance of the principle of health.
The US drug policy is changing, pitting states against federal law. This essay explores this inner friction of contradictory drug legislation, and what it may mean for the international drug control regime, itself a result of US drug policy. (4,400 words)
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.
The three UN Drug Conventions of 1961, 1971 and 1988 currently impose a ‘one-size-fits-all’ prohibitionist approach to drug policy throughout the world. This new report explains in detail how the Conventions could be amended in order to give countries greater freedom to adopt drug policies better suited to their special needs.
When she was 66 years old, Alicia Castilla was put in jail for three months for cultivating marijuana, which she used to help her sleep better. In this video testimony, she talks about the suffering caused by her imprisonment in Canelones (an Uruguayan prison) and her experience with the justice system in Uruguay.
Recent years have seen a growing unwillingness among increasing numbers of States parties to fully adhere to a strictly prohibitionist reading of the UN drug control conventions; the 1961 Single Convention on Narcotic Drugs (as amended by the 1972 Protocol), the 1971 Convention on Psychotropic Substances; and the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
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.
Ecuador has one of the most severe and unfair drug laws of all the countries included in Systems Overload: Drug Laws and Prisons in Latin America, a comparative research study published today by the Transnational Institute (TNI) and the Washington Office on Latin America (WOLA). From when it came into force in 1991, drug Law 108 has created an ongoing situation of disproportionate sentences that violate both human and civil rights. Although the Ministry of Justice and Human Rights is in the process of developing a proposal to reform the drug law – after recognising the injustices it causes – the reform process advances at a slow pace and it is not yet known whether the process will continue. Therefore Law 108 is still in force.
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.
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.
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.
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.
Uruguay has one of the most advanced drug policies on the continent. In Uruguay, the law does not criminalize drug use or possession of drugs for personal use. In addition, in recent years its national drug policies have prioritized the prosecution of medium and large-scale traffickers rather than focusing resources and energy on small-time dealers who are easily replaced. This country study examines the scope of the legislation, the policies developed and how the normative and policy frameworks find expression in Uruguay’s prison system, with a special focus on the population incarcerated for drug-related offenses.
Bolivia’s participation in the international drug-trafficking circuit was determined by a series of factors, ranging from the ancestral tradition of growing and consuming coca leaf, to the endemic poverty of the population (per capita GDP is less than US$ 1,000) and the structural weakness of state institutions.