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Colombia Bill to Decriminalize Drug Crops Advances

A the first draft of a bill that would decriminalize the cultivation of illegal drug plants in Colombia, including coca, opium poppies, and marijuana, was approved by its lower house of congress last Wednesday, according to Colombia Reports.

coca eradication plane spraying herbicides in Colombia (wikimedia.org)
An incident in the country's northeast that same day underscored the need for a new approach in Colombia. Suspected leftist guerrillas attacked a police coca eradication team, leaving at least seven dead and 12 wounded. Police sources blamed fighters of the FARC, which has been engaged in an insurgency against the central government since 1964 and finances its operations at least in part through the coca and cocaine trade, for the attack in North Santander province.

Rep. Hugo Velazquez, who sponsored the bill, said the country cannot progress with "the failed drug policy pursued by Colombia and the United States."

Since the adoption of Plan Colombia in 1999, the US has spent more than $7 billion to fight the drug war in Colombia. While the effort has had some success -- the number of hectares cultivated is down from its peak early in the last decade -- that success has come at a high cost, not only in dollars, but in lives lost in the conflict, hundreds of thousands of internal refugees, and environmental damage from spraying crops with herbicides.And while, according to the UN Office on Drugs and Crime, total cocaine production has declined by about one-third in the past decade, coca cultivation has increased in Peru, where its extent may now exceed Colombia's.

Under current Colombian law, persons convicted of growing illicit drug crops face between four and 12 years in prison. Of the 105,000 people in prison in the country, some 23,000 are there for either growing or trafficking in drugs.

"The important thing is that we have the opportunity to listen to congressmen from drug producing regions and hear from different government officials, not just those in opposition [to the bill] with Minister of Justice Juan Carlos Esguerra," Velazquez said, adding the drug crop production is an agricultural issue as well as a legal one.

While Colombian President Juan Manuel Santos has been a loud advocate of putting drug policy reform on the international agenda, he has been less interested in his own country leading the way. That position was reflected by Justice Minister Esguerra, who reiterated that the government is staunchly opposed to the bill.

The country is at a "turning point in the fight against drugs" and this is not the time to make policy changes, he said. "It's not the time to anticipate a set of rules on this issue. This cannot work like the Lone Ranger," he added.

But the bill remains alive.

Bogota
Colombia

Colombia Bill Would Decriminalize Drug Plant Cultivation

A bill before the Colombian congress would decriminalize the cultivation of coca and marijuana in a bid to drive down raw drug prices and encourage peasant farmers to grow other crops. The bill is expected to be debated in the congress in coming days.

spraying herbicide on the rain forest to kill coca crops (wikimedia.org)
Colombia and Peru are the world's largest coca (and cocaine) producers, with Bolivia in third place. In both Peru and Bolivia, national laws allow for some legal coca cultivation, although illicit cultivation also occurs. There is no legal coca cultivation in Colombia, where the government and the United States have spent billions of dollars trying to eradicate coca crops.

Introduced by Liberal Party Congressman Hugo Velasquez and cosponsored by seven other solons, the bill would eliminate the threat of prison for illicit crop production.

"Let's see how well the laws of the market work," said Velasquez, who represented the coca-growing province of Meta. "If there's excessive production due to the lack of criminal penalties, surely the market will depress the price. We have to tell the United States and other consumers that Colombia has already paid enough, mostly in blood", he added in remarks reported by the BBC. "It hasn't worked. It's time to change the strategy."

But the government of President Juan Manuel Santos, who in recent months has frequently called for debate on alternatives to drug prohibition, has signaled that it opposes the bill. Justice Minister Juan Carlos Esguerra said such a bill would violate international drug treaties.

"We have to be particularly prudent and careful," he said.

The bill is unlikely to pass, but should help focus the attention of hemispheric leaders heading to Colombia in April for the OAS Summit of the Americas. Drug policy reform has been a hot topic in the region this year, and the bill will help keep it in the news.

Bogota
Colombia

Morales Defends Coca-Chewing at UN Anti-Drug Meeting

Holding a coca leaf in his hand, Bolivian President Evo Morales Monday told a United Nations anti-drug meeting that Bolivians had the right to chew coca leaves, saying coca was not cocaine and that its use by Bolivians was an ancient tradition.

Bolivian President Evo Morales (wikimedia.org)
"We are not drug addicts when we consume the coca leaf. The coca leaf is not cocaine, we have to get rid of this misconception," he said in a speech that generated applause in the hall. "This is a millennia-old tradition in Bolivia and we would hope that you will understand that coca leaf producers are not drug dealers," the one-time coca growers' union leader added.

"We are very much aware of the damage that can be done by cocaine and we are working against drug trafficking... but we want the recognition of these ancestral rights," Morales said.

Morales was speaking at the annual meeting of the Commission on Narcotic Drugs in Vienna. Bolivia has taken issue with coca's inclusion in the 1961 UN Single Convention on Narcotic Drugs. Last year, it announced it was withdrawing from the treaty over the issue, and on January 1, Bolivia rejoined, but with the reservation that it recognized coca chewing.

Whether Bolivia will gain support from enough other countries to do that remains unclear. Under the treaty, the other countries that are signatories have one year to consider Bolivia's reservation. Unless one-third of them -- 62 countries -- object, the reservation "shall be deemed to be permitted."

In remarks reported by Reuters, Yury Fedotov, head of the UN Office on Crime and Drugs (UNODC), told a news conference in Vienna there was substantial opposition to Bolivia's move.

"We know that some countries already conveyed to us their strong opposition," he said, adding that he feared allowing Bolivia to make an exception for coca could cause "a domino effect."

Fedotov's fellow countryman, Victor Ivanov, head of the Russian Federal Drug Control Service, also spoke against the Bolivian move, saying "[w]e need to do everything we can against legalizing drugs."

Bolivia is the world's third largest coca and cocaine producer, behind Peru and Colombia. The Morales government has been trying to promote coca-based industries, with everything from coca tea and chewing gum to coca bread, while at the same time it is cooperating internationally with efforts to suppress the cocaine trade.

Bolivians have chewed coca leaves for thousands of years. Its mild stimulant effects take the edge off hunger and mitigate altitude sickness, and Bolivia is adamant that its traditional uses be recognized and the plant removed from the Single Convention.

Vienna
Austria

INCB Attacks Bolivia on Coca Stance

http://stopthedrugwar.org/files/leaves-drying-in-warehouse.jpg
Drying the leaves in the warehouse. The sign reads ''Coca Power and Territory, Dignity and Sovereignty, Regional Congress 2006-08'' (photo by the author)
In its 2011 Annual Report, the International Narcotics Control Board, which monitors the implementation of international drug control treaties, has attacked Bolivia over that country's effort to defend the traditional uses of the coca plant. The INCB "noted with regret" that Bolivia had withdrawn from the 1961 UN Single Convention on Narcotic Drugs because the treaty considers coca a drug and rejoined the treaty in January with a "reservation" saying it would not honor the portion of the treaty dealing with coca.

Coca is the plant from which cocaine is derived, but Bolivians have been using the coca leaf for thousands of years and consider it part of their national patrimony. Bolivia is the third largest producer of coca and cocaine, after Peru and Colombia.

Under the treaty, the other countries that are signatories have one year to consider Bolivia's reservation. Unless one-third of them -- 62 countries -- object, the reservation "shall be deemed to be permitted." That would mark the first chink in the armor of the UN anti-drug conventions, the legal backbone of global drug prohibition.

The INCB said it was "concerned that, while the denunciation itself may be technically permitted under the Convention, it is contrary to the fundamental object and spirit of the Convention." If other states were to follow Bolivia's "unprecedented" rejection of portions of the treaty, "the integrity of the international drug control system would be undermined and the achievements of the past 100 years in drug control would be compromised," the INCB said.

But the INCB's attack on Bolivia did not go unchallenged. In a joint press release Tuesday, the Transnational Institute (TNI) and the Washington Office on Latin America (WOLA) slammed the INCB for its "stubborn combination of incompetence and overreach." The board's harsh response "begs the question of why the board is so afraid," the groups said.

"Why does the board consider the international drug conventions to be so fragile?" asked WOLA senior associate John Walsh. "How do one country’s legitimate efforts to reconcile its treaty obligations with its own constitutional requirements represent an existential threat to the entire system in the eyes of the INCB?"

lime spoons, coastal Inka, Peru, mid-15th to 16th century, Metropolitan Museum of Art
"The INCB operates under a completely misplaced and self-inflated sense of infallibility that they apparently believe absolves them of any responsibility to base their inquisitorial judgments on rational arguments," said Martin Jelsma, coordinator of TNI's Drugs & Democracy program.

The two groups noted that a stance such as the one Bolivia is taking is legal under the convention and cited the official commentary on the 1961 Single Convention: "A Party may reserve the right to permit the non-medical uses as provided in article 49, paragraph 1, of the drugs mentioned therein, but also non-medical uses of other drugs, without being subject to the time limits and restrictions provided for in article 49."

"The INCB response is another clear sign that the UN drug control regime is under strain and that the cracks in the so-called 'Vienna consensus' are approaching a breaking point," said Jelsma."It is a sign that its principal guardian, the INCB, is in distress and no longer capable of responding to challenges in a rational manner."

Vienna
Austria

Peru Fires Reformist Drug Czar

Ricardo Soberon, the reformist head of DEVIDA, the Peruvian drug agency, has been fired and replaced, the Peruvian government announced Tuesday. Soberon made waves last August when he implemented a temporary ban on forced eradication of coca plants, taking the US Embassy by surprise, but that was soon reversed on the orders of his boss, Interior Minister Oscar Valdes.

statues of coca leaves adorn a small town plaza in Peru (photo by author)
Relations between Soberon and Valdes never warmed, and he "resigned" on Tuesday after just five months in office. Soberon also found himself increasingly at odds with President Ollanta Humala, who had campaigned on a pledge to not aggressively pursue eradication, but who has shifted to the right on this and other issues since taking power.

Soberon had taken that same message to coca growers, with whom he had forged relationships after years of work in the field. His departure could mean an uptick in conflict in the already contentious relationship between coca grower unions and the government.

"Soberon's exit was a matter of time," Peruvian drug policy expert Jaime Antezana told the Washington Post. "There was no chance that Oscar Valdes would keep him in the job."

Soberon had been working on a five-year national drug strategy that would have called for vigorous pursuit of cocaine traffickers and money launderers and interdiction of incoming precursor chemicals and outgoing cocaine, but de-emphasized punishing the peasants who grow coca outside the government coca monopoly, ENACO. That strategy was never approved.

Peru is now arguably the world's largest producer of cocaine, having surpassed Colombia despite the latter country's having more acreage of coca planted, according to US officials. Peru's coca fields are higher-yielding because they are more mature, and the country had the potential to produce 325 metric tons of cocaine last year, compared to 270 tons in Colombia.

Peru eradicated about 15% of the crop last year, but at the political price of alienating thousands of coca growing farm families. Now, it appears ready to deepen that divide.

Lima
Peru

The Top Ten International Drug Policy Stories of 2011 [FEATURE]

The new year is upon us and 2011 is now a year for the history books. But we can't let it go without recognizing the biggest global drug policy stories of the year. From the horrors of the Mexican drug wars to the growing clamor over the failures of prohibition, from the poppy fields of Afghanistan and the Golden Triangle to the coca fields of the Andes, from European parliaments to Iranian gallows, drug prohibition and its consequences were big news this year.

Of course, we can't cover it all. We have no room to note the the emergence of West Africa as a transshipment point for South American cocaine bound for Europe's booming user markets, nor the unavailability of opioid pain medications in much of the world; we've given short shrift to the horrors of "drug treatment" in Southeast Asia; and we've barely mentioned the rising popularity of synthetic stimulants in European club scenes, among other drug policy-related issues. We'll be keeping an eye on all of those, but in the meantime, here are our choices for this year's most important global drug policy stories:

The Mexican Drug Wars

militarized US-Mexico border
This month marks the fifth anniversary of Mexican President Felipe Calderon's declaration of war on his country's drug trafficking organizations -- the so-called cartels -- and five years in, his policy can only be described as a bloody disaster. The death toll stands at somewhere around 45,000 since Calderon sent in the army and the federal police, but that figure doesn't begin to describe the horror of the drug wars, with their gruesome brutality and exemplary violence.

Mexico's drug wars pit the army and the state and federal police against the cartels, the cartels against each other, and different factions of state, local, and federal police, and even different military commands, aligned with various cartels fighting each other in a multi-sided dance of death. All the violence and corruption has had a corrosive effect on Mexicans' perceptions of personal and public safety and security, as well as on its political system.

It has also tarnished the reputation of the Mexican military. After a two-year investigation, Human Rights Watch reported last month credible evidence that the security forces, led by the military, were responsible for 170 cases of torture, 39 disappearances and 24 extrajudicial killings in the five states they studied.

And, as the cartels battle each other, the military, and the various police, the violence that was once limited to a handful of border cities has spread to cities across the country. Once relatively peaceful Acapulco has been wracked by cartel violence, and this year, both Veracruz and Monterrey, cities once unaffected by the drug wars, have seen murderous acts of spectacular violence.

Meanwhile, business continues as usual, with drugs flowing north across the US border and voluminous amounts of cash and guns flowing south. Calderon's drug war, which has racked up a $43 billion bill so far (and an additional nearly one billion in US Plan Merida aid), has managed to kill or capture dozens of cartel capos, but has had no discernable impact on the provision of drugs across the border to feed America's voracious appetite. Worse, the attempted crackdown on the cartels has led them to expand their operations to neighboring Central American countries where the state is even weaker than in Mexico. Both Guatemala and Honduras have seen significant acts of violence attributed to the cartels this year, while El Salvador and Nicaragua also complain of the increasing presence of Mexican drug trafficking organizations.

There are, however, a couple of positives to report. First, the carnage may have peaked, or at least reached a plateau. It now appears that the 2011 death toll this year, while tremendously high at around 12,000, didl not exceed last year's 15,000. That would mark the first downturn in the killing since Calderon called out the troops.

Second, the bloody failure of Calderon's drug war is energizing domestic Mexican as well as international calls to end drug prohibition. A strong civil society movement against the drug war and violence has emerged in Mexico and, sadly, the sorrow of Mexico is now Exhibit #1 for critics of drug prohibition around the world.

Afghanistan: Still the World's Drug Crop Capital

anti-opium abuse posters at a drug treatment center in Kabul (photo by the author)
A decade after the US invaded Afghanistan in a bid to decapitate Al Qaeda and punish the Taliban, the US and NATO occupation drags bloodily on, even as it begins to wind down. And Afghanistan's status as the world's number one opium poppy producer remains unchallenged. In a Faustian bargain, the West has found itself forced to accept widespread opium production as the price of keeping the peasantry out of Taliban ranks while at the same time acknowledging that the profits from the poppies end up as shiny new weapons used to kill Western soldiers and their Afghan allies.

The Afghan poppy crop was down in 2010, not because of successful eradication programs, but because a fungus blighted much of the crop. In 2011, the UN Office on Drugs and Crime reported that the area under poppy cultivation increased 7%, but that the expected harvest increased 61% because of better yields and would produce about 5,800 metric tons of opium.

The 2010 blight-related poppy shortage led to price increases, which encouraged farmers to plant more poppy and more than doubled the farm-gate value of the crop from $605 million to more than $1.4 billion. Additional hundreds of millions go to traders and traffickers, some linked to the Taliban, others linked to government officials. Last year, US and NATO forces embarked on counter-drug operations aimed at traders and traffickers, but only those linked to the Taliban.

And it's not just opium. According to the UNODC World Drug Report 2011, Afghanistan is also "among the significant cannabis resin producing countries," producing somewhere between 1,500 and 3,500 metric tons of hash in 2010, with no reason to think it has changed dramatically in 2011. That brings in somewhere between $85 million and $265 million at the farm gate.

A decade after the US invasion, Afghanistan remains the world's largest opium producer by far and possibly the world's largest cannabis producer. Given the crucial role these drug crops play in the Afghan economy, there is little reason to think anything is going to change anytime soon.

The Return of the Golden Triangle

In 2010's roundup of major international drug stories, we mentioned the reemergence of opium production in Southeast Asia's Golden Triangle. In 2011, production has accelerated. According to the UNODC's Southeast Asia Opium Survey 2011, opium production has been increasing since 2006, but jumped 16% last year.

The region produced an estimated 638 metric tons this year, of which 91% came from Myanmar, with Laos and Thailand producing the rest. The region is now responsible for about 12% of annual global opium production.

The amount of land under poppy cultivation is still only one-third of what it was at its 1998 peak, but has more than doubled from its low point of 20,000 hectares in 2006. More importantly, estimated total production has rebounded and is now nearly half of what it was in 1998. The UNODC points a finger at chronic food insecurity, weak national governments, and the involvement of government actors, especially in Myanmar.

If Afghanistan does not produce enough opium to satisfy global illicit demand, the countries on the Golden Triangle are standing in the wings, ready to make up the difference.

The Rising Clamor for Legalization

former Mexican president Vicente Fox speaking at the Cato Institute
2011 saw calls for ending drug prohibition growing ever louder and coming from ever more corners of the world. Throughout the year, Latin American leaders, such as Colombian President Juan Manuel Santos and former Mexican President Vicente Fox, have called repeatedly for drug legalization, or at least a serious discussion of it. Although the specifics of their remarks shift over time -- sometimes it's a call for drug legalization, sometimes for marijuana legalization, sometimes for decriminalization -- leaders like Fox and Santos are issuing a clarion call for fundamental change in global drug policies.

That such calls should come from leaders in Colombia and Mexico is no surprise -- those are two of the countries most ravaged by drug prohibition and the violence it fuels. By the fall, even current Mexican President Felipe Calderon, who unleashed Mexico's drug war five years ago, was starting to join the chorus. In an October interview with Time magazine, Calderon said he could never win in Mexico if Americans don't reduce demand or "reduce at least the profits coming from the black market for drugs." While he was unwilling to take the final step and embrace ending prohibition, he added that "I want to see a serious analysis of the alternatives, and one alternative is to explore the different legal regimes about drugs."

But the biggest news in the international battle to end drug prohibition came at mid-year, when the Global Commission on Drug Policy, a star-studded panel of former presidents and prime ministers, public intellectuals, and business magnates, called the global war on drugs "a failure" and urged governments worldwide to should shift from repressive, law-enforcement centered policies to new ways of legalizing and regulating drugs, especially marijuana, as a means of reducing harm to individuals and society, in a report that drew press attention from around the world.

The commission, heavily salted with Latin American luminaries, grew out of the previous year's Latin American Initiative on Drug Policy and includes some of the same members, including former Brazilian President Henry Cardoso and former Mexican President Ernesto Zedillo. It is paired with the UK-based Beckley Foundation's Global Initiative for Drug Policy Reform, which launched in November and is eyeing changes in the legal backbone of international drug prohibition, the UN 1961 Single Convention on Narcotic Drugs and its successor treaties. The global commission also picked up strong support from an organization of Latin American judicial figures, Latin Judges on Drugs and Human Rights, which echoed the commission's call with its own Rome Declaration.

European Reforms

wall paintings near the entrance to Christiania, Copenhagen (wikipedia.org)
Drug reform continued its achingly slow progress in Europe in 2011, with a handful of real advances, as well as a number of parties in various countries taking strong drug reform stands. But while Europe has largely embraced harm reduction and seen the positive results of Portugal's decade-long experiment with drug decriminalization, getting to the take level -- ending drug prohibition -- remains elusive.

In March, Scotland's Liberal Democrats voted to making campaigning for heroin maintenance treatment part of their party platform. Heroin users should not be fined or imprisoned, but should be given the drug through the National Health Service, party members agreed.

In September, their more powerful brethren, the British Liberal Democrats, who are junior partners with the Conservatives in the governing coalition, did them one better by adopting a resolution supporting the decriminalization of drug possession and the regulated distribution of marijuana and calling for an "impact assessment" of the 1971 Misuse of Drugs Act that would provide a venue for considering decriminalization and controlled marijuana sales. That is going to lead to debate in parliament on the issue next year.

In August, the Greek government proposed drug decriminalization in a bill sent to parliament by Justice Minister Miltadis Papioannou. Under the proposed bill, drug possession for personal use would qualify only as "misconduct" instead of a more serious criminal offense. The bill would also guarantee the right to drug treatment, including for people currently imprisoned. People deemed "addict offenders" by the courts would be provided treatment instead of being jailed. But given the other pressing matters before the Greek government, the bill has yet to move.

Probably the most significant actual drug reform achievement in Europe in 2011 was Poland's passage of a law that allows prosecutors to divert drug users into treatment instead of prison. That law went into effect in December. The new law lets prosecutors bypass the courts in a "treat, not punish" approach to drug use when confronted with people arrested in possession of small amounts of drugs. A person arrested with personal use quantities of drugs can now be immediately referred to a therapist, and prosecutors are compelled to gather information on the extent of the person's drug problem. Still, there is an appetite for more reform; a political party that wants legalize soft drugs won 10% of the vote in the October presidential elections.

There has been some movement on marijuana and hints of more to come, as well in 2011. In an otherwise dismal year for weed in the Netherlands (see below), the Dutch high court ruled in April that anyone can grow up to five pot plants without facing criminal charges, no matter how big the harvest. The ruling came after prosecutors went after two different people who produced large multi-pound yields from a handful of plants, arguing that such harvests violated the Dutch five-gram rule. The court disagreed, but said that the pot would have to be turned over to police if they came to the door.

In June, Italy's top court ruled that balcony pot grows are okay, finding that the amounts of pot produced in such grows "could cause no harm." It's a small advance on earlier court rulings, and a step in the right direction.

And then there are moves that are pushing the envelope. Last month, the Copenhagen city council voted to explore how best to legalize and regulate pot sales. The move has the support of the mayor, but has to be approved by the Danish parliament, which has balked at such measures before. Maybe this time will be different. And raising the ante, the Basque parliament is set to approve a new drug law that will regulate marijuana cultivation, distribution, and consumption. The move is being propelled by the health ministry in the autonomous region of Spain, and would be a direct challenge to the UN conventions' ban on legalization.

Medical Marijuana's Slowly Growing Global Acceptance

It comes by dribs and drabs, but it comes.

In Israel, the Cabinet approved guidelines in August that will govern the supply of marijuana for medical and research purposes. In so doing, it explicitly agreed that marijuana does indeed have medical uses. The move came on the heels of a Health Ministry decision the week before  to deal with supply problems by setting up a unit within the department to grow medical marijuana. That unit will begin operating in January 2012. Currently, medical marijuana is supplied by private Israeli growers, but with the number of medical marijuana patients expected to rise from the current 6,000 to 40,000 by 2016, the state is stepping in to help out with supply.

In the Czech Republic, the Ministry of Health said in September it plans to remove marijuana from its list of proscribed substances and allow it to be prescribed by doctors. The ministry said it would move to amend Czech drug laws by the end of the year to allow for the prescription of marijuana by doctors, although we haven't seen that actually happen yet. The ministry must also determine what sort of distribution system to set up. The Israeli model, where the state is licensing medical marijuana farms, is one oft-cited system.

In New Zealand, medical marijuana was on the agenda of the New Zealand Law Commission when it issued a report in May reviewing the country's drug laws. In addition to other drug reform measures, the commission called for clinical trials on medical marijuana "as soon as practicable" and said medical marijuana patients should not be arrested in the meantime. "Given the strong belief of those who already use cannabis for medicinal purposes that it is an effective form of pain relief with fewer harmful side effects than other legally available drugs, we think that the proper moral position is to promote clinical trials as soon as practicable. We recommend that the government consider doing this." The government there does not appear to be eager to follow those recommendations, but the commission report is laying the groundwork for progress.

In Canada, which has an existing medical marijuana program, the news is more mixed. Health Canada is in the process of adopting a "more traditional regulatory role" for the medical marijuana "marketplace, and envisions privatized medical marijuana provision by licensed and strictly regulated grower. That doesn't sit well with a lot of patients and activists because it means Health Canada wants to eliminate patients' ability to grow their own. Nor were patients particularly impressed with Health Canada's earlier attempt to provide privately produced and licensed medical marijuana. Without outright legalization of marijuana being more popular than the Conservative government, Canada may eventually get around to solving its medical marijuana problem by just legalizing it all.

Iran's Drug War Execution Frenzy

drug burn marking International Anti-Drugs Day, Tehran
Iran has garnered itself a well-deserved reputation as one of the world's leading practitioners of the death penalty, but 2011 saw an absolute explosion of death sentences and executions -- the vast majority of them for drug offenses. At the end of January, we reported that Iran had already executed 56 drug offenders for offenses involving more than five kilograms of opium or 30 grams of heroin. As if that weren't enough, in February, the Islamic Republic made trafficking in synthetic drugs, including meth, a capital offense. More than 50 grams (less than two ounces) of meth could bring the death penalty, but only on a second offense.

At the end of May, by which time the execution toll for drug offenses had risen to 126, Iran announced it had 300 drug offenders on death row and lashed out at Western critics, saying if the West was unhappy with the killings, Iran could simply quit enforcing its drug laws.

"The number of executions in Iran is high because 74% of those executed are traffickers in large quantities of opium from Afghanistan bound for European markets," said Mohammad Javad Larijani, head of Iran's Supreme Council for Human Rights, during a press conference that month. "There is an easy way for Iran and that is to close our eyes so drug traffickers can just pass through Iran to anywhere they want to go," he said."The number of executions in Iran would drop 74%. That would be very good for our reputation."

In a December report, Amnesty International condemned Iran's drug executions, saying the Islamic Republic has embarked on "a killing spree of staggering proportions." The London-based human rights group said "at least 488 people have been executed for alleged drug offenses so far in 2011, a nearly threefold increase on the 2009 figures, when Amnesty International recorded at least 166 executions for similar offenses."

"To try to contain their immense drug problem, the Iranian authorities have carried out a killing spree of staggering proportions, when there is no evidence that execution prevents drug smuggling any more effectively than imprisonment," said Amnesty's Interim Middle East and North Africa deputy director, Ann Harrison. "Drug offenses go much of the way to accounting for the steep rise in executions we have seen in the last 18 months," Harrison said.

Amnesty said it began to receive credible reports of a new wave of drug executions in the middle of 2010, including reports of mass executions at Vakilabad Prison in Mashhad, with one, on August 4, 2010, involving at least 89 people. While Iran officially acknowledged 253 executions in 2010, of which 172 were for drug offenses, Amnesty said it has credible reports of another 300 executions, "the vast majority believed to be for drug-related offenses."

"Ultimately, Iran must abolish the death penalty for all crimes, but stopping the practice of executing drug offenders, which violates international law, would as a first step cut the overall number significantly," said Harrison.

Amnesty also accused Iran of executing people without trial, extracting confessions by torture, failing to notify families -- or sometimes, even inmates -- of impending executions, and mainly executing the poor, members of minority groups, or foreigners, including large numbers of Afghans.

Amnesty noted tartly that Iran receives significant international support in its war on drugs. The UN Office on Drugs and Crime has provided $22 million since 2005 to support training for Iranian anti-drug forces, while the European Union is providing $12.3 million for an Iran-based project to strengthen regional anti-drug cooperation. Belgium, Denmark, France, Germany, Ireland, and Japan have all provided anti-drug assistance to Iran via UNODC programs.

"All countries and international organizations helping the Iranian authorities arrest more people for alleged drugs offenses need to take a long hard look at the potential impact of that assistance and what they could do to stop this surge of executions," said Harrison. "They cannot simply look the other way while hundreds of impoverished people are killed each year without fair trials, many only learning their fates a few hours before their deaths."

Iran may be the most egregious offender when it comes to killing drug offenders, but it is by no means the only one. Other countries that not only have the death penalty for drug offenses but actually apply it include China, Malaysia, Saudi Arabia, Singapore, and Vietnam. Human rights activists argue that the death penalty for drug offenses violates the UN Charter. For information on ongoing efforts to curtail the use of the death penalty for drug offenses, visit the International Harm Reduction Association's Death Penalty Project.

In a bit of good news on the death penalty front, in June, India's Bombay High Court struck down a mandatory death penalty for some drug offenses.The regional high court is the equivalent of a US district court of appeals.

"This is a positive development, which signals that courts have also started to recognize principles of harm reduction and human rights in relation to drugs. It is not utopia, but it is a giant step," said Indian Harm Reduction Network head Luke Samson.

"The Court has upheld at the domestic level what has been emphasized for years by international human rights bodies -- capital drug laws that take away judicial discretion are a violation of the rule of law," said Rick Lines, executive director of Harm Reduction International (formerly the International Harm Reduction Association) and author of The Death Penalty for Drug Offenses: A Violation of International Human Rights Law"India's justice system has affirmed that it is entirely unacceptable for such a penalty to be mandatory. This will set a positive precedent for judicial authorities in the region, which is rife with draconian drug laws."

Weekly updates on executions worldwide including for drug offenses are available from the Rome-based group Hands Off Cain.

The Netherlands Will Bar Foreigners from its Cannabis Cafes... and More

a coffee shop in Amsterdam (wikimedia.org)
The Netherlands' conservative coalition government of Prime Minister Mark Rutte continued and deepened its effort to undo Holland's reputation as a marijuana haven and drug tourism destination last year. Plans to ban foreigners from Dutch cannabis cafes reached fruition in 2011, with the Dutch Justice Ministry saying in November that foreigners would be barred from southern border coffee shops effective January 1. A month later, the government announced that plan would be delayed until May, and would go into effect nationwide beginning in 2013. Goodbye, tourist dollars.

But it's not just clamping down on foreigners. The number of coffee shops operating in the country has dropped by about half from its peak, with local governments putting the squeeze on them via measures such as distance restrictions (must be so far from a school, etc.). Now, the national government will be limiting their client base to 2,000 card carrying Dutch nationals each.

The national government also rather bizarrely declared in October that it wanted to declare high-potency marijuana a dangerous drug like cocaine or heroin and ban its possession or sale. That hasn't happened yet, but unless the Dutch get around to electing a more progressive government, the Christian Democrats and their allies will continue to work to undo the country's progressive pot policy reputation, not to mention its tourism industry..

North America's Only Supervised Injection Site Gets a Reprieve

Ending a years' long effort by the Conservative government of Prime Minister Steven Harper to close Insite, the Vancouver supervised injection site for hard drug users, the Supreme Court of Canada ruled unanimously in September that it should be allowed to stay open.

The Harper government, a foe of harm reduction practices in general and safe inection sites in particular, had argued that the federal drug law took precedence over British Columbia's public health policies. British Columbia and other Insite supporters argued that because Insite is providing a form of health care, its operation is a provincial matter. The federal government's concerns did not outweigh the benefits of Insite, the court said.

"The grave consequences that might result from a lapse in the current constitutional exemption for Insite cannot be ignored," the court said. "Insite has been proven to save lives with no discernible negative impact on the public safety and health objectives of Canada."

Insite has been the only supervised injection site on the North American continent, but in the wake of that ruling, that may not be the case for long. In the wake of the September ruling, Montreal announced plans for four safe injection sites in December. It's not a done deal -- it will require financing from provincial health agencies -- but plans are moving forward. And there are distant rumblings of plans for an effort to get a supervised injection site running in San Francisco, which would be a first for the US, but don't hold your breath on that one.

If the Harper government has been defeated in its effort to kill supervised injection sites, it is moving forward with plans to pass an omnibus crime bill that includes mandatory minimum sentences for some drug offenses, including growing as few as six pot plants. With an absolute majority in a parliamentary system, there seems to be no way to block the bill's passage, which will mean a real step backward for our northern neighbor as it emulates some of our worst penal practices.

Bolivia Challenges the Global Coca Ban

coca leaves drying in warehouse, Ayacucho province (photo by the author)
At the end of June, the Bolivian government of former coca-grower union leader Evo Morales announced it was resigning from the UN 1961 Single Convention on Narcotic Drugs because that treaty bans the cultivation of coca. The resignation is effective January 1. The move came after a failed effort last year by Bolivia to amend the treaty to allow for coca cultivation, a traditional activity in the Andes, where the plant has been used as a mild stimulant and hunger suppresser for millennia.

"This is an attempt to keep the cultural and inoffensive practice of coca chewing and to respect human rights, but not just of indigenous people, because this is an ancient practice of all Bolivian people," Foreign Minister David Choquehuanca told the British newspaper The Guardian at the time.

Bolivia will rejoin the convention sometime during the new year, but with the reservation that it does not accept the language proscribing the coca plant.

That move has aroused the concern of the International Narcotics Control Board, which issued a statement saying the international community should reject moves by any country to quit the treaty and return with reservations doing so "would undermine the integrity of the global drug control system."

Of course, there are many people aside from Evo Morales who believe the global drug control system lacks any integrity whatsoever. For those people, the actions of Bolivia represent the first serious effort to begin to undo the legal backbone of the global prohibition system.

Morales himself said last month
that he believes Bolivia will succeed next year. "I am convinced that next year we will win this international 'fight' for the recognition of chewing coca leaves as a tradition of peoples in Latin America, living in the Andes," he  said in an interview with the Bolivian radio station Patria Nueva.

In ending...

Global drug prohibition is under sustained, systemic, and well-deserved attack. It is being attacked (finally) in its core treaties and institutions, it is under ever broader political attack from around the planet; its central precepts are increasingly tattered. Ever year the clamor grows louder in the face of prohibition's screaming failure to accomplish its given ends and the terrible costs it generates. The process of chipping away at drug prohibition is under way. The prohibitionist consensus is crumbling; now comes the struggle to finally kill the beast and replace it with a more sensible, compassionate, and smarter approach to mind-altering substances.

Drug Crop-Killing Fungi Too Risky, Scientists Say

Using pathogenic fungi to eradicate coca, opium, or other illicit drug crops is too risky because there is not enough data about how to control them and what effect they could have on people and the environment, according to a panel of scientists commissioned to study the subject by the Office of National Drug Control Policy (ONDCP -- the drug czar's office).

fusarium oxysprorum (wikimedia.org)
The finding came in a report, Feasibility of Using Mycoherbicides for Controlling Illicit Drug Crops, which was released November 30 by a panel of scientists convened by the National Research Council (NRC). ONDCP requested the report after it was required do to so by Congress in its 2006 budget authorization bill.

Mycoherbicides are killer fungi that can be targeted at specific plants and reproduce themselves, staying in the soil for years. Hard-line drug control advocates have urged their use against coca in Colombia and opium in Afghanistan, seeing them as a potential "magic bullet" that could eliminate drug problems at the source. But Colombia rejected the use of mycoherbicides in 2002 and the Afghan government has strongly signaled that it is not interested in using them there.

The NRC scientists found that the evidence base to support using mycoherbicides was scanty. "Questions about the degree of control that could be achieved with such mycoherbicides, as well as uncertainties about their potential effects on non-target plants, microorganisms, animals, humans, and the environment must be addressed before considering deployment," they said.

The panel did not reject outright the use of mycoherbicides; instead, it recommended "research to study several candidate strains of each fungus in order to identify the most efficacious under a broad array of environmental conditions." But it warned that "conducting the research does not guarantee that a feasible mycoherbicide product will result, countermeasures can be developed against mycoherbicides, and there are unavoidable risks from releasing substantial numbers of living organisms into an ecosystem."

The use of mycoherbicides would require meeting multiple domestic regulatory requirements, as well as possible additional regulations and agreements before being used on drug crops in foreign countries, the report noted. That might also prove problematic because "approval to conduct tests in countries where mycoherbicides might be used has been difficult or impossible to obtain in the past."

Congressional and bureaucratic drug warriors are going to have to look elsewhere for their "magic bullet" to win the war on drugs -- unless they're in the mood to appropriate more funds for more research that may or may not come up with a workable mycoherbicide. Then all they would have to do is sell the idea to the government of the country they want to spray it on.

Washington, DC
United States

Bolivia Restores Ties with US, But Rejects DEA

The US and Bolivian governments announced Monday that they were restoring diplomatic relations after three years, but Bolivian President Evo Morales Tuesday made it clear that DEA agents would not be welcome back in his country.

Evo Morales (wikimedia.org)
Relations between the two countries went into the deep freeze after Bolivia threw out US Ambassador Phillip Goldberg and the DEA in September 2008, charging they were interfering in domestic Bolivian political affairs. Now, in an accord signed Monday, the two countries agreed to exchange ambassadors and to undertake close cooperation in anti-drug efforts, trade and development.

That anti-drug cooperation will not include DEA agents in Bolivia, Morales told reporters at a regional conference in Bogota. It was a matter of national "dignity and sovereignty," he said, adding that he was "personally a victim" because Bolivian anti-drug police worked closely with the DEA. Those same police had clashed with coca growers and once beat him unconscious, he has said. Morales was a coca grower union leader before he was elected president.

"They repressed us in Bolivia. That has ended," Morales said. "For the first time since Bolivia was founded, the United States will now respect Bolivia's rules" and laws under the new diplomatic agreement, he added.

Coca has been grown for centuries, if not millennia, in Bolivia. The country is currently the world's third largest coca producer, behind Peru and Colombia. While much of the crop is destined for traditional or industrial uses, some is diverted to the illicit cocaine market.

US officials have said they believe cocaine trafficking is on the increase since Bolivia expelled the DEA, but that is not reflected in an expansion of the coca fields. According to the United Nations, the amount of land under coca cultivation increased only 0.3% last year.

Bogota
Colombia

Eradication Sparks Conflict in Peru's Coca Fields [FEATURE]

Newly installed Peruvian President Ollanta Humala is facing the first serious challenge to his authority as coca farmer unions have gone on strike to protest the resumption of coca plant eradication. Just last month, in a nod to growers whom he had promised he would halt involuntary eradication, Humala's government announced a temporary halt to eradication in the Upper Huallaga River Valley, but now eradication is again underway, and the coca farmer unions are up in arms.

CONPACCP members in the coca fields (photo by the author)
Earlier this week, strikers erected roadblocks on a major regional highway, and two people had been injured and seven arrested by the time Humala declared a 60-day state of emergency in the Ucayali region Tuesday night. Coca grower unions are threatening an "indefinite national strike" within two weeks if forced eradication isn't ended.

Coca has been grown in Peru for thousands of years and is an intrinsic part of Andean life. Although international anti-drug treaties consider it a controlled substance, tens of thousands of Peruvian farmers grow it legally under license from ENACO, the Peruvian state coca monopoly, which then sells the product for traditional, nutritional and industrial uses.

But tens of thousands of other coca farmers are not registered with ENACO, and their product often ends up being processed into cocaine for the insatiable North American, European, and Brazilian markets. According to the UN Office on Drugs and Crime, Peru has now surpassed Colombia as the world's largest coca leaf producer with 61,000 hectares planted, up 2% from last year.

"Eighty percent of the population here are farmers who want the government to redirect its eradication efforts," Jaime García, deputy mayor of the town of Padre Abad in Ucayali, told local radio in remarks reported by the Financial Times.

The same newspaper reported that Nelson Torres, head of the Ucayali chamber of commerce estimated the growers' road blockade was costing $3.6 million a day. He was dismissive of the Humala government's early steps to contain the conflict. "It's the same policy as the previous government," he told local radio. "You have to have to go on strike or create stoppages just to sit down and talk."

Perhaps Ricaro Soberon, the head of the Peruvian anti-drug agency DEVIDA, is belatedly getting that message. He finally met with coca growers on Monday, but not before he told reporters in Lima last week that the Humala government will implement a "sustainable" eradication program that replaces coca with alternative crops. The country will also increase anti-drug spending 20% next year, step up interdiction efforts, and institute tighter controls on chemicals used to process coca into cocaine, Soberon said.

"Crop reduction must be definitive, which means replacing coca with an economically viable alternative," said Soberon. "This problem is well beyond our ability to confront alone so we're worried about the trend of declining international aid."

Soberon, an attorney and drug policy expert who has been a critic of past eradication programs, has already faced calls for his resignation for being "soft" on coca, and the temporary halt to eradication also raised concerns in the US.

Now, though, Humala and Soberon have to balance their sympathy for coca farmers whose support they successfully sought during the election campaign, against demands from Washington and conservative factions inside Peru that they repress the crop. On Tuesday, the national coca growers' union CONPACCP (the National Confederation of Agricultural Producers of the Coca Valleys of Peru) issued a communique which announced that they would support an "indefinite national strike" against forced eradication within the next two weeks, even as they defended Soberon against attacks from the right.

"Coca or death" -- CONPACCP field office (photo by the author)
"Agents of US interests, like [former interior minister] Fernando Rospigliosi have unleashed a campaign of destruction against one of the few specialists in drug traffic, Ricardo Soberon," CONPACCP noted. "They say that Soberon's closeness to the cocaleros is a defect, when in reality, it is a logical consequence of his work as an analyst who has studied deeply the problematic of coca leaf cultivation and who could, if they let him do his job, propose solutions that transcend mere repression and criminalization of the weakest link in the chain, which in this case is the growers, and not the grand narcos and the apparatus that they have created around the commercialization of cocaine hydrochloride and its derivatives."

While defending Soberon, CONPACCP called for further meetings in a bid to find a nonviolent solution to the conflict and demanded that Humala fulfill his campaign promise to end forced eradication. It also had specific criticisms of the eradication program in Ucayali.

"The forced eradication campaign is going on in zones next to the highway that are affiliated with the CONPACCP, small parcels where farmers deliver their coca to ENACO, while they are not eradicating the grand plantations of coca that can be found 12 miles from the highway," the union complained. "They are taking photos and making recordings of these roadside eradications and then showing them next to images of [cocaine production] maceration pits as if they were at the same site in order to deceive the population."

Authorities are not going after the big plantations because they have "corrupted" the eradication program to be "untouchable," CONPACCP continued. To not eradicate the big plantations connected to the drug trade while eradicating small plots of registered farmers results in "incoherent anti-drug policies of the government," the union argued.

The eradicators themselves are behaving lawlessly, CONPACCP complained. "Besides the unjust eradication, they are robbing the animals and goods of the population" and have "unjustly detained" seven peasant farmers "whose immediate liberation we demand."

CONPACCP is supporting the current "indefinite strike" in Ucayali and is giving the Humala government two weeks to show good faith before it calls for a national coca grower strike. Humala and Soberon are going to have their work cut out for them as they attempt to chart a course that pleases both the coca growers and Washington.

Peru

Peru Halts Coca Eradication -- For Now

The government of newly elected Peruvian President Ollanta Humala announced last week that it is suspending the US-backed coca eradication program in the Upper Huallaga Valley, the only ongoing eradication program in the country. According to the UN Office on Drugs and Crime (UNODC), Peru has surpassed Colombia as the world's largest coca leaf producer, although Colombia maintains a slight lead in cocaine production.

Town plaza with statues honoring the coca leaf in the VRAE (photo by the author)
The Upper Huallaga isn't Peru's largest coca growing area -- that distinction belongs to the Ene and Apurimac River Valleys (VRAE in the Spanish acronym), but that area is considered too lawless to even attempt eradication.

Newly appointed head of the National Commission for the Development of Life Without Drugs Ricardo Soberon told reporters last Wednesday that the program was being suspended so the Humala government could "evaluate the policies." Soberon added that the Humala government is in the midst of renegotiating anti-drug agreements with the US and that past anti-drug policies have failed, leading to an increase in cultivation.

Soberon is a well-known advocate of progressive drug policies and talks about reduction rather than eradication, saying efforts should be aimed at coca plots in national parks, near maceration pits where cocaine is produced, and that are beyond an "acceptable" size. His appointment as Peru's drug czar sends a strong signal that Humala wants to do something different when it comes to coca policy.

According to the UNODC, Peruvian coca production increased 2% over last year. The Andean nation is cultivating 150,000 acres of coca this year. Coca consumption is legal in Peru. So is production, as long as coca farmers register with ENACO, the government coca monopoly, which stockpiles coca for traditional and medicinal uses. But tens of thousands of Peruvian coca farmers grow without registering, and much of their production is destined to be turned into cocaine to be sold to ravenous North American, European, and Brazilian consumers.

Campaign sign urging voters in the VRAE to vote for the coca leaf symbol and the parties it represents. (photo by the author)
Humala, a leftist nationalist, campaigned on a platform that included decriminalizing unregistered coca growers, and even low-level players in the cocaine trade, but he has said his government is committed to the anti-drug struggle. He counted major coca growers among his supporters during the election campaign.

But on Friday, the Associated Press reported that US officials said they had received assurances from Peru that it would continue to cooperate in anti-drug efforts.

"We do not believe that the temporary suspension of eradication this week represents a permanent shift in the Peruvian government's counternarcotics policy," the State Department said. Peruvian government officials "at the highest levels" assured the US Embassy in Lima "of their intention to continue close collaboration in the fight against narcotics trafficking and criminality, and to work together to continue to reduce the cultivation of illegal coca in Peru," it said.

Still, with President Evo Morales in Bolivia and now with President Ollanta Humala in Peru, the US-imposed orthodoxy of coca eradication in place since the 1980s is increasingly being replaced by policies more in line with the interests of Lima and La Paz rather than Washington.

Peru

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