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.
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.
Criminalisation of drug users, excessive levels of imprisonment, and punitive sentencing practices, including mandatory sentencing, the death penalty and enforced ‘drug detention centres’, are some of the unintended negative consequences of the 50 year ‘war on drugs’, a policy with direct impact on the vulnerable, poor and socially excluded groups, including ethnic minorities and women. This PRI briefing paper discusses these consequences in detail and sets out what parliamentarians can do about it.
The story of the Mexican drug war has generally focused on the violence perpetrated by drug cartels and the apparent inability to bring so many criminals to justice. Unfortunately—while it’s true many have evaded justice—there remain many more people who use drugs and those with very low levels of involvement in the drug trade, who have been swept up in recent crackdowns.
Latin American drug policies have made no dent in the drug trade; instead they have taken a tremendous toll on human lives. In 2009, the Washington Office on Latin America (WOLA) and the Transnational Institute (TNI) embarked on an ambitious project to document the real impact of Latin America’s “war on drugs” and to show its human cost through the video testimonies of the victims themselves.
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.
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 United States has exported a counter-productive and destructive model to Latin America through the drug war. This is made clear in Systems Overload, a report released in May by the Transnational Institute and the Washington Office on Latin America.
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.
Sembra proprio che non debbano esserci limiti ai disastri della guerra alle droghe, sulla quale ingrassa il narcotraffico con tutte le sue conseguenze: i mille morti al mese nel solo Messico; le carcerazioni massicce in molti paesi per reati minori o per trasgressioni che neanche dovrebbe essere previste dalle norme penali; il crescente traffico di armi sempre più potenti vendute dagli USA ai narcotrafficanti, soprattutto quelli dell'America latina (al confronto la micidiale artiglieria esibita nel film dei fratelli Coen, "Non è un paese per vecchi", è già diventata un gingillo come il nostro vecchio modello '91); il dilagare in tutte le città del mondo della acquisizione da parte delle organizzazioni criminali di ogni tipo di imprese e di esercizi a scopi di riciclaggio (in molti bar e ristoranti a Roma ormai non si contano più gli scontrini emessi a vuoto per "lavare" denaro sporco); e chi più ne ha più ne metta.
A comparative study on the impact of drug policies on the prison systems of eight Latin American countries – Argentina, Bolivia, Brazil, Colombia, Ecuador, Mexico, Peru, and Uruguay – reveals that drug laws have contributed to the prison crises these countries are experiencing. The drug laws impose penalties disproportionate to many of the drug offenses committed, do not give sufficient consideration to the use of alternative sanctions, and promote the excessive use of preventive detention. The study Systems Overload: Drug Laws and Prisons in Latin America, published today by the Transnational Institute (TNI) and the Washington Office on Latin America (WOLA), found that the persons who are incarcerated for drug offenses tend to be individuals caught with small amounts of drugs, often users, as well as street-level dealers.
An unprecedented one-year comparative study on the impact of the drug laws and prison systems in eight Latin American countries – Argentina, Bolivia, Brazil, Colombia, Ecuador, Mexico, Peru and Uruguay – reveals that drug laws have contributed to the prison crises these countries are experiencing. The drug laws impose penalties disproportionate to many of the drug offenses committed, do not give sufficient consideration to the use of alternative sanctions, and promote the excessive use of preventive detention.
Martha Ines Miravete was a stage actress in Buenos Aires. She recalls how, in 1994, a man changed her life by inviting her to participate in a video project in Brazil. She was excited at the opportunity for new work and the chance to travel for the first time. But, she was stopped at the airport, the luggage was searched, and cocaine was found.
The Bolivia chapter is based on a survey of 130 prisoners in the San Pedro men’s prison in the city of La Paz, supplemented by other official data. The study Systems Overload: Drug Laws and Prisons in Latin America, published today by the Transnational Institute (TNI) and the Washington Office on Latin America (WOLA), concludes that Bolivia has one of the harshest drug laws in the region, combined with inadequate administration of the national prison system.
The number of people imprisoned for drug offenses in Brazil has increased over the last 20 years, but this has not affected the availability or consumption of drugs, reveals a study by the Transnational Institute (TNI) and the Washington Office on Latin America (WOLA). The study also shows that those who are locked up for drug offenses are mainly small-scale dealers who represent the lowest links in drug distribution operations, and not the large-scale wholesale traffickers who dominate the country’s illicit drug trafficking trade.
In Colombia, most of the people incarcerated for drug-related crime are merely small-scale participants in the drug trafficking networks, reveals the study Systems Overload: Drug Laws and Prisons in Latin America published by the Transnational Institute (TNI) and the Washington Office on Latin America (WOLA).
Ecuador has one of the most severe and unfair drug laws of all the countries included in Systems Overload: Drug Laws and Prisons in Latin America, a comparative research study published today by the Transnational Institute (TNI) and the Washington Office on Latin America (WOLA). From when it came into force in 1991, drug Law 108 has created an ongoing situation of disproportionate sentences that violate both human and civil rights. Although the Ministry of Justice and Human Rights is in the process of developing a proposal to reform the drug law – after recognising the injustices it causes – the reform process advances at a slow pace and it is not yet known whether the process will continue. Therefore Law 108 is still in force.