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.
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.
Latin America has emerged at the vanguard of efforts to promote debate on drug policy reform. For decades, Latin American governments largely followed the drug control policies and programs of Washington’s so-called war on drugs. Yet two parallel trends have resulted in a dramatic change in course: the emergence of left-wing governments that have challenged Washington’s historic patterns of unilateralism and interventionism and growing frustration with the failure of the prohibitionist drug control model put forward by the US government.
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.
In April 2012, most of the hemisphere’s presidents gathered at the Summit of the Americas in Cartagena, Colombia and held a closed-door meeting where drug policy was the only topic discussed. Following that meeting, Colombian President Juan Manuel Santos announced that the Organisation of American States (OAS) was being tasked to analyse the results of hemispheric drug policies and to “explore new approaches to strengthen this struggle and become more effective”. Thus began a one year process led by OAS Secretary General José Miguel Insulza, with the support of OAS staff from the Secretariat for Multidimensional Security and the Inter-American Drug Abuse Control Commission (CICAD), as well as a range of independent experts.
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.
At the root of the drug policy debate in Latin America is growing recognition that present policies have failed to achieve the desired objectives, the extremely high costs of implementing those policies paid by Latin American countries, and the need to place higher priority on reducing unacceptably high levels of violence. Of particular concern is the spread of organized crime and the resulting violence, corruption and erosion of democratic institutions.
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.