By 1998, when the United Nations convened a special General Assembly on drugs, there was already overwhelming evidence that the current approach to global drugs control had failed miserably, given the continuing rise in consumption and production. However, the evidence was ignored and no evaluation of what was wrong with current drug policy took place. Instead, as a New York Times editorial noted, unrealistic pledges were recycled, this time aiming at eliminating all drug production by the year 2008. In mid-April this year, the mid-term review of the goals and targets set by the special session on drugs is to take place in Vienna.
An unprecedented one-year comparative study on the impact of the drug laws and prison systems in eight Latin American countries – Argentina, Bolivia, Brazil, Colombia, Ecuador, Mexico, Peru and Uruguay – reveals that drug laws have contributed to the prison crises these countries are experiencing. The drug laws impose penalties disproportionate to many of the drug offenses committed, do not give sufficient consideration to the use of alternative sanctions, and promote the excessive use of preventive detention.
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.
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 the Report of the International Narcotics Control Board for 2002 that was released on February 26, the president of the Board, Dr. Philip O. Emafo from Nigeria, launches a strong attack against groups that advocate legalisation or decriminalisation of drug offences.
Numerous UN conferences and summits have been devoted to negotiating a harmonized global approach to illicit drugs. Yet more and more cracks are beginning to appear in the supposedly universal model which is based on a highly fragile consensus. The failure to counter the ever-growing problems related to the use of illicit drugs has led countries to question current policies and to experiment with approaches less driven by the US-inspired ideology of "zero tolerance" and more rooted in pragmatism. This has led to increasing acceptance of the concept of harm reduction for consumers, where drug use is treated as a public health rather than a law enforcement problem. On the production side, discussion centers on the need to secure alternative livelihoods for involved farmer communities and how to most effectively promote alternative development.
Increasing numbers of sovereign states are beginning to review their stance on the prohibition based UN drug control conventions. Recent years have seen nations implement, or seriously discuss, tolerant drug policies that exploit the latitude existing within the legal framework of the global drug control regime. With efforts to implement pragmatic approaches to drug use at the national level, however, comes the growing recognition that the flexibility of the conventions is not unlimited. It seems that the time is not too distant when further movement within states away from the prohibitive paradigm will only be possible through some sort of change in or defection from the regime.
Ecuador was never a significant center of production or traffic of illicit drugs; nor has it ever experienced the social convulsions that can result from the existence of a dynamic domestic drug market. While Ecuador has become an important transit country for illicit drugs and precursor chemicals and for money laundering, the illicit drug trade has not been perceived as a major threat to the country’s national security. However, for nearly two decades, Ecuador has had one of the most draconian drug laws in Latin America.
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.
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.
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.
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?
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.
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.
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.
March 2011 marked the 50th anniversary of the Single Convention on Narcotic Drugs. This legal instrument, the bedrock of the current United Nations based global drug control regime, is often viewed as merely a consolidating treaty bringing together the multilateral drug control agreements that preceded it; an erroneous position that does little to provide historical context for contemporary discussions surrounding revision of the international treaty system.