Around the world, millions of people depend on the cultivation of coca, opium poppy and cannabis for basic subsistence. The 1961 Convention introduced strict controls on the cultivation of these plants and banned centuries-old traditional medicinal, cultural and ceremonial uses. The 1988 Convention reinforced those provisions, obliging states to eradicate illicit cultivation and to impose criminal sanctions.
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.
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 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.
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.
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 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 Brazil, possession of drugs for personal consumption is punished with educational measures and community service, not prison. In this video, a young man tells of the disparity in sentencing between the wealthy and the poor.
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.
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.