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.
This presentation gives a short overview of legislative reforms in Europe and Latin America that provide lessons learned in practice about less punitive approaches intended to reduce drug-related harm to the individual and society. Evidence suggests that fears that softening drug laws and their enforcement would lead to sharp increases in drug use, have proven untrue.
The new report is the first to calculate the total number of females in prisons on drug offences in Europe and Central Asia. It provides an analysis of developments related to women drug offending and the criminal justice system in Europe and Central Asia, and also largely focuses on numbers of women convicted for drug offending (violation of drug laws) that are in prisons.
The academic journal Nueva Sociedad recently released an issue to promote the debate in Latin America on drug policy reform. TNI contributed with the paper "Drug policy reform in practice: Experiences with alternatives in Europe and the US".
This study commissioned by the Brazilian Ministry of Justice underlines the disparity that exists between the depenalization of drug use and the increased penalization of selling drugs that resulted from the 2006 Law on Drugs. Although the fact that the use of drugs is no longer a crime is certainly progress, it seems disproportionate to establish maximum prison sentences of 5 years for the sale of very minor quantities of drugs. The study was a joint project of the Federal University of Rio de Janeiro, UFRJ, and the University of Brasília UnB that ran from March 2008 and July 2009, supported by the United Nations Development Program, UNDP.
To address its serious drug use problems, Myanmar should change its drug policy towards a harm reduction approach. Instead of a repressive approach, voluntary and evidence-based treatment and public health services, including harm reduction, should be made available and become generally accepted by enforcement officials and by the community at large.
Across the hemisphere, frustration is grow- ing with the failure of the “war on drugs.” Many Latin American countries face rising rates of drug consumption, despite harsh drug laws that have left prisons bursting at the seams.
Ernestien Jensema, Martin Jelsma, Tom Kramer, Nang Pann Ei Kham, Gloria Lai, Tripti Tandon
16 February 2015
The decision of the Myanmar Government to review drug laws is not only timely, but also offers a prospect to improve the drugs legislation and to ensure that the laws address drug-related problems in the country more effectively.
Jorge Parra Norato, Rodrigo Uprimny Yepes, Diana Esther Guzmán
21 January 2013
This report reveals the average maximum sentence for a drug offense rose from 34 years in prison in 1950 to 141 years today and in three countries surveyed, drug trafficking was subject to longer maximum and minimum penalties than murder.
The New Zealand Law Commission was asked to address the efficacy of the Misuse of Drugs Act in reducing the demand for, and supply of, drugs prohibited under the International Drug Conventions. The Commission has recommended the existing Act be repealed and replaced by a new Act administered by the Ministry of Health. Justice Hammond said the thrust of the proposed new Act is to facilitate a more effective interface between the criminal justice and health sectors: “We need to recognise that the abuse of drugs is both a health and a criminal public policy problem.”
In 2007, the Government of New Zealand entrusted an independent agency, the National Law Commission, to review the country’s drug law. The Commission will present a final report which is likely to feature a new approach to personal possession and use of drugs placing less emphasis on conviction and punishment and more on the delivery of effective treatment. New Zealand’s approach to drug law reform may provide lessons for other countries.
This paper discusses the “substance-oriented approach” Dutch authorities implemented to to scare off potential small-scale cocaine smugglers. The focus was on the drugs, rather than the couriers, and on incapacitating the smuggling route, rather than deterrence by incarceration.
Proportionality is one of the key principles of the rule of law aiming to protect people from cruel or inhumane treatment. The principle has been established in international and regional human rights agreements and many countries have adopted reflections of it in their constitution or penal code. Its application to drug-related offences is firstly the responsibility of the legislators, in defining the level of penalisation of certain behaviours.
The Sentencing Council for England and Wales initiated a consultation process in order to produce definitive sentencing guidelines for drugs offences for the UK in the future. In order to feed into this process, IDPC, in collaboration with TNI, held an Expert seminar on proportionality in sentencing for drug offences, on 20th May 2011, in London, UK. The seminar was an important gathering of international experts on the subject of proportionality and provided a space for fruitful and in depth discussions on sentencing experiences from around the world. A draft report of the meeting was sent to the Sentencing Council as part of the consultation process on 20th June.
The sentences that offenders receive for drug law violations across the European Union are examined for the first time in this ‘Selected issue’. By analysing the most recent year’s statistics, this report attempts to answer the question: What is the most likely outcome for an offender after being stopped by police for a drug law offence of use or personal possession, or supply or trafficking?
This is the second edition of the IDPC Drug Policy Guide aimed at national government policy makers. This publication is a collaborative effort by a number of members of the International Drug Policy Consortium (IDPC) and partners, and brings together global evidence and best practices on the design and implementation of drug policies and programmes at national level.
The purpose of the Criminal Justice Act 2003 in the United Kingdom was to provide overall structure and clarity to sentencing in England and Wales by reserving prison for the most dangerous offenders, while moving lower level offenders away from short prison sentences into robust and rehabilitative community punishments.
Across the Americas, an unprecedented debate on drug policy reform is underway. While a regional consensus on what form those reforms should take remains elusive, there are at least two issues where consensus is growing: the need to address drug use as a public health, rather than criminal, issue and the need to promote alternatives to incarceration for low-level, nonviolent drug offenders and ensure proportionality in sentencing for drug-related crimes. Draconian drug laws were often adopted in Latin American countries with the encouragement – if not outright diplomatic, political and economic pressure – from the U.S. government.