Produced by an Oscar-winning studio for the Global Drug Policy Program of the Open Society Institute, International Drug Policy: Animated Report 2009 highlights some of the disastrous effects of drug policy in recent years and proposes solutions for a way forward.
Martin Jelsma, from the Transnational Institute, prepared an analysis for theLatin American Commission on Drugs and Democracy, explaining the drug policy situation in the European Union and the current state of debate in the United Nations agenda. The commission is an initiative born of former presidents Fernando Henrique Cardoso, from Brazil, César Gaviria, from Colombia and Ernesto Zedillo, from Mexico, to respond to concerns related to the problems of drug consumption and traffic in Latin America. The idea to constitute a commission capable of consolidating a debate concerning this problematic also responds to the necessity of reviewing the world drug policies in the scope of the United Nations, which began in March 2008.
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?
For more than ten years, TNI’s Drugs & Democracy programme has been studying the UN drug control conventions and the institutional architecture of the UN drug control regime. As we approach the 2016 UNGASS, this primer is a tool to better understand the role of these conventions, the scope and limits of their flexibility, the mandates they established for the CND, the INCB and the WHO, and the various options for treaty reform.
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.
The 51st Commission on Narcotic Drugs (CND) was designated as the point at which the international community would debate the progress made in the 10 years since the Political Declaration of the 1998 UN General Assembly Special Session on Drugs (UNGASS). The 1998 UNGASS called for the eradication or significant reduction of the cultivation, supply and demand of illicit drugs. Few governments acknowledged the real policy dilemmas arising from the failure to achieve these reductions, or came forward with proposals on how the international drug control system could be improved. One of the most debated issues was a resolution on human rights and international drug control introduced by Uruguay.
Drug policy reform is currently higher on the international agenda than it has been in recent memory. With a United Nations General Assembly Special Session (UNGASS) on drugs set for 19-21 April 2016, the prominence of this issue will further increase. Significant legal and policy reforms at the national level have taken place in recent years that pose considerable challenges to the international legal framework for drug control, and beg important questions regarding states’ international legal obligations.
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.
Just over one year away from the 2016 UNGASS, denying the reality that the drug policy landscape has fundamentally changed and that tensions with the UN drug conventions are occuring, is no longer a credible option. Secretary General Ban Ki-moon urged member states to use the 2016 UNGASS on drugs "to conduct a wide-ranging and open debate that considers all options." TNI calls for a special advisory group that should be tasked with recommending how to better deal with the contentious issues following the 2016 UNGASS, in preparation for the next UN high-level review in 2019.
A clear divide in drug control approaches became apparent at the end of the High Level Segment of the Commission on Narcotic Drugs (CND) on March 11-12 in Vienna, where countries gathered to review to progress since the 1998 UN General Assembly Special Session (UNGASS) and set a framework for the next 10 years through a Political Declaration and Plan of Action.
At one side of the divide a growing number of countries opt for pragmatic evidence-based harm reduction policies, while at the other side countries desperately cling to a zero tolerance approach that has failed to produce any significant result the past decade. Despite the diplomatic façade, the conclusion cannot be otherwise that the Vienna consensus on drug control that has paralysed progress in international drug control for decades, has fallen apart.
Peter Reuter (RAND), Franz Trautmann (Trimbos Institute) (eds.)
15 March 2009
This report commissioned by the European Commission, found no evidence that the global drug problem has been reduced during the period from 1998 to 2007 – the primary target of the 1998 UNGASS, which aimed to significantly reduce the global illicit drugs problem by 2008 through international cooperation and measures in the field of drug supply and drug demand reduction. Broadly speaking the situation has improved a little in some of the richer countries, while for others it worsened, and for some of those it worsened sharply and substantially', among which are a few large developing or transitional countries. Given the limitations of the data, a fair judgment is that the problem became somewhat more severe.
The 50th Commission on Narcotic Drugs (CND) was the last such event before the watershed year of 2008, when the international community will review progress against the objectives set at the General Assembly Special Session on Drugs (UNGASS), held in New York in 1998. This CND was notable for a significant improvement in civil society involvement in the proceedings – there were a record 81 civil society delegates and NGO representatives included in government delegations. On the other hand, there were repeated moves by some country delegations to marginalise NGO involvement. The global consultation with NGOs to feed in to the UNGASS review process as formally launched.
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 United Nations Special Rapporteur on torture, Professor Manfred Nowak, has called on UN member states to adopt a rights based approach to drug policies in his forthcoming report to the Human Rights Council, IHRA’s HR2 (harm reduction and human rights) team reported. The report submitted for the 10th session of the Council draws the attention of members states to the issues of 'drug users in the context of the criminal justice system and situations resulting from restricted access to drugs for palliative care.'
The 2009 Commission on Narcotic Drugs and its High Level Segment (HLS) marked the end of the 2-year process of the 10-year review of the 1998 United Nations General Assembly Special Session (UNGASS) on the World Drug Problem. The event was marked by the call of the President of Bolivia, Evo Morales, to remove the coca leaf from the Single Convention on Narcotic Drugs, which represented the first ever truly open challenge by any nation state to the structure of the international drug control system. The HLS adopted a new Political Declaration and Plan of Action. A dissenting Interpretative Statement by 26 countries on harm reduction, not mentioned in the Political Declaration, marked a clear divide in drug control approaches.
Drug law reform continues developing in the right direction in several Latin American and Caribbean countries. In Jamaica, for example, a law legalizing the cultivation and consumption of ganja for medicinal, religious and research purposes came into force, as well as the decriminalisation of possession for personal use. Jamaica also spoke out at the UN Thematic Debate in New York. On May 7th, the minister addressed the UN High Level Thematic Debate on international drug policy, highlighting Jamaica’s perspectives on drug control policies and participating in a debate that encourages open and inclusive discussions. Amongst the outcomes Jamaica would like to see from UNGASS is “the establishment of an Expert Advisory Group to review the UN drug policy control architecture, its system-wide coherence, its treaty inconsistencies and its legal tension with cannabis regulations.”