Latin American Drug Policy Debate Diana Rossi Intercambios Civil Association

1. Transatlantic Conference “Time to rethink our policy on drugs – experiences from Europe and the Americas” Latin American Drug Policy Debate Diana Rossi Intercambios Civil Association Brussels, November 12, 2013

2. Neoliberal period and changes in drug use patterns • The successive social and economic crises that affected Latin America during the hegemonic neoliberal period during the nineties, not only had a profound impact on social integration of the population but also increased vulnerability as a consequence of deepening poverty; cuts in health, social and education services; increasing violence and disillusionment (Friedman et al, 2009). • Changes in drug use patterns also occurred influenced by drug traffic and market transformation. Cocaine use trends in South America indicate that intranasal and smoking have displaced injection use as preferred routes of administration among drug users.

3. Neoliberal period and imprisonment • A study on imprisonment for drug crimes in Argentina, Bolivia, Brazil, Colombia, Ecuador, Mexico, Peru, and Uruguay showed that: • Those who are incarcerated tend to "occupy the lowest links in the chain", such as users caught with small amounts of drugs and small dealers. • The drug laws impose penalties disproportionate to many of the drug offences committed, do not give sufficient consideration to the use of alternative sanctions, and promote the excessive use of preventive detention. • In seven of these countries for which it was possible to obtain data for the 15 years from 1992 to 2007, the incarceration rate increased, on average, more than 100 percent (WOLA & TNI, 2010).

4. War on drugs and Violence • Mexico and Central American countries have been facing exponential growth of organized crime, violence and rise of drug consumption. • The concern for the exacerbated violence, and violation of human rights has been addressed in different regional documents, one of the latest being the recommendations of the X Hemispheric Forum of civil society and social actors and special session with civil society and social actors of the committee on Interamerican Summits management and civil society participation in OAS activities. Accesible at: http://www.summit-americas.org/cs_meet.html

5. Latin American debates on drug policy • Several Latin American governments have been part of a global debate to decriminalize drug use. • Most of the arguments in favour state that the current drug policy has done nothing to reduce drug supply or demand. It has stigmatized drug users by distancing them from preventive and assistance services and using funds from the judicial system and law enforcement organizations for penalizing consumers rather than persecuting dealers. • Numerous governments from the region are more open to change than in the nineties (Rossi, 2012).

6. Initiatives to debate on drug policy • The Latin American Commission on Drugs and Democracy, was created in 2009 by the former Presidents Fernando Henrique Cardoso of Brazil, César Gaviria of Colombia and Ernesto Zedillo of Mexico and other 18 prestigious decision makers of the region. • Intercambios Civil Association organized the first Latin American Conference on Drug Policy in 2009.

9. Latin American debates on drug policy • Although in the last decade there is a tendency to lessen the impact of the criminal law towards drug users and small dealers, sometimes softening of certain aspects implies hardening of others. • Also, the agencies responsible for its implementation have wide margins of interpretation, sometimes allowing arbitrariness. Results are still the same: the criminalization of the most vulnerable (Rossi & Corda, 2013). • Nevertheless, some local and national experiences are taking place in Latin American countries and cities.

10. National experiences on drug policy change President Cristina Fernández de Kirchner, has publicly stated that those who are addicted should not be “condemned as if they were criminals” (La Nación, 2008) The National Mental Health Law was passed on 2010. The new legislation shows a shift of paradigm, as it changes a tutelary approach to people with mental health problems and problematic drug use for a human rights approach.

11. National experiences on drug policy change

12. National experiences on drug policy change • In Bolivia, the focus has been to establish a legal regime for the coca leaf. • March 2009, Evo Morales sent a formal letter to UN Secretary General calling for the abolition of two sub-articles of the 1961 Single Convention on Narcotic Drugs, which specifically prohibit the chewing of coca leaf (Jelsma, 2011). • In 2011 Bolivia resigned from the Convention to ask then their readmission for making a reservation on the chewing of coca leaf. • In 2013, with the opposition of the Member countries of the Group of eight and Mexico, Bolivia managed to re-enter the Convention making the reservation on the chewing of coca leaf. • However, Morales apparently wants to avoid the misinterpretation by the international community that the Bolivian government condones drug use. The Bolivian law, as the Argentinean, is repressive towards drug use and trafficking at a small-scale level.

13. Local experiences on drug policy change • In September 2012, the mayor of Bogotá, Gustavo Petro, launched the first centre for drug addicts in the Bronx, a marginalized city-centre neighborhood. • The people given care in these centers are in an at-risk situation and socially excluded due to their problematic drug use. (Quintero, 2012).

14. National experiences on drug policy change • Uruguay was characterized by having never criminalized drug possession for personal use and expanded that conception in the 51st Session of the Commission on Narcotic Drugs, held in Vienna in March 2008. Uruguay was the spokesman for a claim to the United Nations General Assembly Special Session on the World Drug Problem (UNGASS) 1998 revision goals. As part of that claim, Uruguay gave impulse to the resolution "Integration of an adequate human rights system with the United Nations drug control policy" calling for respect for fundamental human rights and equal access of drug users to social and health care services. That statement was co-sponsored by Argentina, Ecuador and Bolivia, also by the European Union and Switzerland (Rossi et al., 2009).

15. National experiences on drug policy change • Uruguay’s initiative to regulate the cannabis market, with the State in charge of production and distribution, had gained wide recognition and support internationally from respected public figures including the Secretary General of the Organization of American States, and from more than 100 drug policy NGOs in Latin America and around the globe (IDPC, 2013). • Uruguay would also join the U.S. states of Colorado and Washington, whose voters approved ballot initiatives to legalize and regulate cannabis on Election Day in November 2012 (TNI and WOLA, 2013).

16. New documents on Drug Policy Centre for Coordination of Research International Federation of Catholic Universities Drug Policies in Latin America and Asia. Towards the construction of responses focused on human rights (September 2013) http://www.intercambios.org.ar/publicaciones/politicas-de-drogas-en-america-latina-y-asia/ The Report on the Drug Problem in the Americas has its origin in the Sixth Summit of the Americas held in 2012 in the city of Cartagena, with the presence of 24 presidents of the region, who instructed the Organization of American States the creation of a report to serve as a starting point for discussion Analytical Report http://www.oas.org/documents/eng/press/Introduction_and_Analytical_Report.pdfScenarios Reporthttp://www.oas.org/documents/eng/press/Scenarios_Report.PDF

17. ¡Muchas gracias! www.intercambios.org.ar “América invertida”, Joaquín Torres García, 1943