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 backbone of the United Nations drug control system consists of three UN Drug Conventions. The prohibition of potentially harmful substances has its origin in the desire to protect human well-being. However, the way in which the global regime was set up decades ago and the escalation of repression it has brought about since, has been an historical mistake increasing rather than diminishing the problems. There is no point now in dreaming about how the world might have looked without it, or deluding ourselves that all the problems could be solved by scrapping the conventions. The challenge is to create the political space which would allow a reform process to move ahead. A process guided by pragmatism, open-mindedness and evaluation of practices on the basis of costs and benefits; providing leeway for experimentation and freedom to challenge the wisdom of the existing conventions.
An October statement on drug control from the US State Department has prompted much comment and speculation at home and abroad. Delivered by Ambassador William Brownfield, the ‘Brownfield Doctrine’, as it has been named by some commentators, lays out a four pillar approach the United States will follow in matters of international drug control.
The Copenhagen City Council is pushing ahead with a proposal to decriminalise cannabis, and has set up a committee to investigate the best way to regulate the supply and distribution. The favoured option is for 30 or 40 cannabis shops controlled by the city in which adults may legally buy cannabis. By a margin of 39 votes to nine, the City Council decided to draw up a detailed outline of how the plan would work. Subsequently, the resulting proposal still has to be ratified by the Danish parliament, which has blocked similar movements in the past. But after the national elections in September 2011 the current parliament could support decriminalisation this time around.
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.
Global drug policy must move away from stigmatizing and criminalizing users and focus on the public health issues at stake, panelists concluded at the third drug policy debate hosted by CEU’s School of Public Policy and the Open Society Foundations’ Global Drug Policy Program on April 11. Panelists expressed hope that the current momentum in this direction will result in significant changes at the United Nations drug policy summit slated for 2016.
State-level cannabis reforms have exposed the inability of the United States to abide by the terms of the legal bedrock of the global drug control system. It is calls for a conversation the US federal government wishes to avoid. The result is a new official position on the UN drugs treaties that, despite its seductively progressive tone, serves only to sustain the status quo and may cause damage beyond drug policy.
State-level cannabis reforms, which gathered steam this month, have exposed the inability of the United States to abide by the terms of the legal bedrock of the global drug control system; the 1961 Single Convention on Narcotic Drugs. This is something that should force a much-needed conversation about reform to long- standing international agreements. But while ostensibly 'welcoming' the international drug policy reform debate, it is a conversation the US federal government actually wishes to avoid.
Brazil is debating reform of current drug legislation. Changes to the Criminal Code are being discussed in Senate and the debate includes new articles on drugs. Several legal bills to reform the existing drug law are waiting to be reviewed.
In contrast to other Central American countries, the possession of drugs for immediate personal use is not a criminal offence in Costa Rica. In August 2013 the cultivation, manufacture, transport and trafficking of drugs have all been made a criminal offence under the same article, which provides for a prison sentence of between 8 and 15 years without making any distinction between the offences. The government of Costa Rica supports the launch of an open international debate on the issue, but has declared itself against decriminalisation.
WASHINGTON, Feb 26 (Reuters) - Here's a stern warning to the U.S. states of Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington. A United Nations body is displeased with your liberal medical marijuana laws. Very displeased.