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.
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.
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 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)
Over the past several decades, Latin America has seen penalties for drug crimes—even low-level selling—skyrocket. And in many Latin American countries, non-violent drug offenses receive significantly longer sentences than many violent crimes, such as homicide and rape. A new study of criminal legislation explores this phenomenon in seven Latin American countries (Brazil, Ecuador, Peru, Mexico, Colombia, Bolivia, and Argentina).
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.
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.
This new report, co-authored by the HR2 team, looks at the tensions between some aspects of the global drug control system and international human rights law. The report highlights that, despite numerous instances of human rights abuses perpetrated in the name of drug control, there has been little engagement with this issue by the responsible bodies, the UNODC, INCB and the human rights treaty bodies. The report was published by the Beckley Foundation Drug Policy Programme, and is co-authored by IHRA, Human Rights Watch and the Canadian HIV/AIDS Legal Network.
Over the years, the Mexican government has adopted increasingly heavy prison sentences and militarized drug policies to confront drug trafficking. The result has been an increase of vulnerable populations in Mexico’s prisons, but no impact on the drug trade or violence.
Two U.S. states have legalized recreational marijuana, and more may follow; the Obama administration has conditionally accepted these experiments. Such actions are in obvious tension with three international treaties that together commit the United States to punish and even criminalize activity related to recreational marijuana. The administration asserts that its policy complies with the treaties because they leave room for flexibility and prosecutorial discretion.
As jurisdictions enact reforms creating legal access to cannabis for purposes other than exclusively “medical and scientific,” tensions surrounding the existing UN drug treaties and evolving law and practice in Member States continue to grow. How might governments and the UN system address these growing tensions in ways that acknowledge the policy shifts underway and help to modernize the drug treaty regime itself, and thereby reinforce the UN pillars of human rights, development, peace and security, and the rule of law?
Martin Jelsma analysed the 2003 UNGASS mid-term review and drew some important conclusions for the 10-year review in 2008: "Alliances have to be constructed rooted in pragmatic approaches and in solidarity with the victims of this War on Drugs on both sides of the spectrum, be they in the North or in the South, consumers or producers. The concepts of ‘co-responsibility’ and a ‘balanced approach’ between demand and supply sides have to be redefined. Only if such a coalition of like-minded countries could be brought together, and act in a coordinated manner to explore more pragmatica drug policies for both the demand and the supply sides, the UN level might become a useful forum. Only then, a stronger political alliance can enforce a more open-minded debate about current anti-drug strategies and challenge the US hegemony and discourse in this field."
The backbone of the United Nations drug control system consists of three UN Drug Conventions. The prohibition of potentially harmful substances has its origin in the desire to protect human well-being. However, the way in which the global regime was set up decades ago and the escalation of repression it has brought about since, has been an historical mistake increasing rather than diminishing the problems. There is no point now in dreaming about how the world might have looked without it, or deluding ourselves that all the problems could be solved by scrapping the conventions. The challenge is to create the political space which would allow a reform process to move ahead. A process guided by pragmatism, open-mindedness and evaluation of practices on the basis of costs and benefits; providing leeway for experimentation and freedom to challenge the wisdom of the existing conventions.
The Single Convention on Narcotic Drugs in 1961 aimed to eliminate the illicit production and non-medical use of cannabis, cocaine, and opioids, an aim later extended to many pharmaceutical drugs. Over the past 50 years international drug treaties have neither prevented the globalisation of the illicit production and non-medical use of these drugs, nor, outside of developed countries, made these drugs adequately available for medical use.
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 2008 UN World Drug Report tries to hide the failures of drug control policy behind a bad history lesson. Instead of a clear acknowledgement that the UN’s own 10-year targets have not been met, it offers a narrative of 100 years of success, fabricating a comparison with Chinese opium production and use at the turn of the 20th century.
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 "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.