We, the undersigned human rights organizations, address you on this Fourth Meeting of Ministers Responsible for Public Security (MISPA) to follow up on the call upon governments to revise the orientation of drug policies that are being implemented in the Americas. This request for the governments took place during the 43rd Session of the OAS General Assembly which took place last June.
Despite efforts by governments in Latin America, illicit drugs continue to provide one of the largest incomes for criminal organizations, enabling them to penetrate and corrupt political and social institutions.
Remarkable drug policy developments are taking place in Latin America. This is not only at the level of political debate, but is also reflected in actual legislative changes in a number of countries. All in all there is an undeniable regional trend of moving away from the ‘war on drugs’. This briefing explains the background to the opening of the drug policy debate in the region, summarises the most relevant aspects of the ongoing drug law reforms in some countries, and makes a series of recommendations that could help to move the debate forward in a productive manner.
Colombia's Constitutional Court approved the government's proposal to decriminalize the possession of small amounts of cocaine and marijuana for personal use. Anyone caught with less than 20 grams of marijuana or one gram of cocaine for personal use may receive physical or psychological treatment depending on their state of consumption, but may not be prosecuted or detained, the court ruled.
The "war on drugs" has not been won, Colombian President Juan Manuel Santos told the United Nations, exhorting the world body to add teeth to the Special Session on Drugs in 2016, proposed by Mexico and accepted by the world body. The Organization of American States was commissioned to study new approaches to combating illegal drugs. The studies were delivered in May proposing that the United Nations give them serious consideration in time for the special session on drugs.
While cocaine production ravages countries in Central America, consumers in the US and Europe are helping developed economies grow rich from the profits, a study claims. The vast profits made from drug production and trafficking are overwhelmingly reaped in rich "consuming" countries – principally across Europe and in the US – rather than war-torn "producing" nations such as Colombia and Mexico. And its authors claim that financial regulators in the west are reluctant to go after western banks in pursuit of the massive amount of drug money being laundered through their systems.
The presidents of Mexico, Colombia and Guatemala all called for a vigorous global debate of drug laws at the United Nations on Wednesday, raising new questions about the wisdom of the four-decade-old, U.S.-led "war on drugs." Although none of the leaders explicitly called for drugs to be legalized, they suggested at the U.N. General Assembly that they would welcome wholesale changes to policies that have shown scant evidence of limiting drug flows. Guatemalan president Perez Molina said his government "would like to establish an international group of countries that are well disposed to reforming global policies on drugs."
Colombia, Guatemala, and Mexico – hardly liberal bastions – have taken the matter a step further. The Latin American countries, each threatened by drug violence, sent a clearly worded declaration to the United Nations, inviting member states to undertake a consultation process to come up with more effective drug policy strategies. They urged the UN to “exercise its leadership…. to conduct deep reflection to analyze all available options, including regulatory or market measures, in order to establish a new paradigm,” the declaration states, translated into English by the Guatemala Times.
Latin America is now at the vanguard of international efforts to promote drug policy reform: Bolivia has rewritten its constitution to recognize the right to use the coca leaf for traditional and legal purposes, Uruguay has become the first nation in the world to adopt a legal, regulated Cannabis market, and Colombia, Mexico, Guatemala, and Ecuador are openly critiquing the prevailing international drug control paradigm at the UN. And now with the United States itself relaxing its marijuana laws state by state, the U.S. prohibitionist drug war strategies are losing credibility in the region.
Mexico, Colombia and Guatemala face the need to modify their approach to the fight against drug trafficking and are urging the world to do the same. But Mexico and Colombia’s willingness to make the necessary changes is unclear. The three countries are connected by a powerful circuit of trafficking of drugs – whose main market is the United States – weapons and money from illegal activities. But the extent of the problem and the way drug organisations operate in each one of these countries vary.