In December 2017, the Transnational Institute (TNI) and Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), on behalf of the Federal Ministry of Economic Cooperation and Development of Germany (BMZ), in collaboration with the Thai Office of the Narcotics Control Board (ONCB) and the Mae Fah Luang Foundation under Royal Patronage (MFLF), jointly organised the 9th Asian Informal Drug Policy Dialogue (IDPD) in Chiang Rai, Thailand.
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 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 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.
America’s growing reliance on drug courts is an ineffective allocation of scarce state resources. Drug courts can needlessly widen the net of criminal justice involvement, and cannot replace the need for improved treatment services in the community. Of the nearly 8 million people in the U.S. reporting needing treatment for drug use, less than one fourth of people classified with substance abuse or a dependence on drugs and/or alcohol receives treatment, and for those who do receive treatment, over 37 percent are referred by the criminal justice system.
From 15 to 18 November 2018, the Transnational Institute (TNI) and Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH, on behalf of the German Federal Ministry for Economic Cooperation and Development (BMZ) jointly organised the 10th Asian Informal Drug Policy Dialogue (IDPD). It was organised in collaboration with the Central Committee for Drug Abuse Control (CCDAC) of Myanmar and held at Inle Lake, Southern Shan State, Myanmar.
In a widely watched You Tube video, U.S. President Barack Obama is asked whether or not the drug war may in fact be counterproductive. Instead of the resounding NO that would have come from any of his recent predecessors, Obama responded: “I think this is an entirely legitimate topic for debate.” He then qualified his remarks by adding, “I am not in favor of legalization.” Nonetheless, even acknowledging the legitimacy of debate on U.S. drug policy is a significant shift from the past, when successive administrations stifled discussion and routinely labeled anyone promoting alternative approaches to the socalled U.S. “war on drugs” as dangerous and surreptitiously promoting massive drug use and poisoning America’s youth.
In determining the seriousness of a drug offence the courts should focus on the quantity of the drug involved (or the scale of the operation) and the role of the offender; the Panel advises a starting point of 12 years custody for the most serious cases. Offences will be aggravated where offenders used a young person as a courier, supplied or offered to supply close to schools, targeted premises used by vulnerable people or supplied to prisoners.
The Sentencing Advisory Council has released a report on community attitudes towards the use of alternatives to imprisonment in Victoria. The report is based on the Victorian component of a national survey of public attitudes to sentencing, supported by the Australian Research Council. Survey participants were asked about the use of alternatives to imprisonment as a way of addressing the increasing number of people in prison and as a way of dealing with certain types of offenders. The prison alternatives suggested to participants included supervision, counselling, treatment and community work.
Civil society groups from across the globe, including prominent human rights NGOs, have called on UN drug control authorities to urge an immediate stop to the extrajudicial killings of suspected drug offenders in the Philippines. Since 10th May 2016, more than 700 people have been killed by police and vigilantes in the Philippines for being suspected of using or dealing drugs, as a direct result of recently-elected President Duterte’s campaign to eradicate crime within six months.
Anand Grover, UN Special Rapporteur for the occupied Palestinian territories
06 August 2010
The current international system of drug control has focused on creating a drug-free world, almost exclusively through use of law enforcement policies and criminal sanctions. Mounting evidence, however, suggests this approach has failed, primarily because it does not acknowledge the realities of drug use and dependence. While drugs may have a pernicious effect on individual lives and society, this excessively punitive regime has not achieved its stated public health goals, and has resulted in countless human rights violations.
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.
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.
There has in recent years been a renewed interest in the principle of proportionality in sentencing policy for drug offences. There has been official analysis of the issue by the International Narcotics Control Board (INCB) and several national initiatives that have inscribed a requirement for proportionality when sentencing in statute or penal code, asserted it through the courts, or, as with the UK Consultation on sentencing for drug offences by the Sentencing Council of England and Wales, are continuing to explore the concept through policy processes.
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 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.
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".
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 global war on drugs has failed, with devastating consequences for individuals and societies around the world. Fifty years after the initiation of the UN Single Convention on Narcotic Drugs, and 40 years after President Nixon launched the US government’s war on drugs, fundamental reforms in national and global drug control policies are urgently needed.
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.