In 2016, the UN General Assembly held a Special Session (UNGASS) on the World Drug Problem. This aimed to review progress made by the international community in achieving the goals set in the 2009 Political Declaration and Plan of Action on International Cooperation towards an Integrated and balanced Strategy to Counter the World Drug Problem; the soft law consensus document resulting from negotiations at the High Level Segment of the Commission on Narcotic Drugs in Vienna. The UNGASS, however, was held amidst a mood of growing discontent. Indeed, today the so-called Vienna Consensus on drug policy is fractured with the UN based control framework coming under increasing scrutiny. This is particularly so in Latin America, where, influenced largely by drug market violence, sitting presidents have, for the first time, been openly questioning the current approach. To be sure, efforts from the region brought the event forward from its original date in 2019. Within such an environment, the UNGASS meeting provided an important opportunity to engage in high-level debate on the operation of the existing international drug control system and discussion of more effective health and rights based approaches to dealing with the increasingly complex global illicit drug market. In an effort to contribute to these debates and discussions, this GDPO project produced a range of related research and analyses in the run-up to, during, and after, the 2016 meeting.
This section holds details of our techincal advisors working in this issue area:
El equilibrio entre la estabilidad y el cambio: La modificación inter se de los
El equilibrio entre la estabilidad y el cambio: La modificación inter se de los tratados de fiscalización de drogas de la ONU para facilitar la regulación del cannabis
Informe sobre políticas 7 | Septiembre de 2018
Martin Jelsma, Neil Boister, David Bewley-Taylor, Malgosia Fitzmaurice y John Walsh
El panorama de las políticas de drogas está atravesando un proceso de cambios profundos, en especial porque cada vez son más los países que avanzan hacia la regulación del mercado de cannabis. Esta realidad está aumentando las tensiones jurídicas en el seno del régimen internacional de fiscalización de drogas, un sistema basado en tratados y aceptado de forma casi universal, que actualmente se fundamenta en tres tratados pactados en 1961,1 19712 y 1988.3 Estos son ejemplos poco conocidos de los denominados ‘tratados para la eliminación’ que apuntalan una serie de regímenes prohibicionistas en el derecho internacional.4 El pilar del régimen en su forma actual, que se remonta a las primeras décadas del siglo XX, es la Convención Única de 1961 sobre Estupefacientes (modificada por el Protocolo de 1972).5 Al igual que en otros ámbitos temáticos, estas normas de derecho vinculante van acompañadas de instrumentos periódicos de derecho indicativo (Declaraciones políticas y variaciones de estas) y están respaldadas por varios organismos y agencias creados en virtud de los tratados con el fin de crear lo que se pretende que sea un marco jurídico con coherencia interna y que se autorrefuerce...
Remarks Allyn Taylor at 2018 CND side event (original below)
Remarks: Allyn Taylor at 2018 CND side event Regulating Cannabis in Accord with International Law (Paper below)
Allyn Taylor, University of Washington School of Law (U.S.)
CND side event Regulating Cannabis in Accord with International Law: Options to Explore (original paper in post below) Friday, March 16, 2018
The prior panelists have made a concrete political and legal case for the codification of a treaty inter se to address the tension between state regulation of cannabis and commitments under the Single Convention on Narcotic Drugs. Dissatisfaction with the status of cannabis in the treaty system has long resulted has been described as “quiet revolution,” Today, however, the quiet revolution has turned into an all out revolt. With more and more direct treaty violations, the tensions between state cannabis policy and international law can no longer be ignored and viable options to maintain the integrity of the treaty system are highly limited. Recognizing the increasing polarization of policy debates in Vienna, there is simply no political will to resolve the challenges of cannabis reform within the treaty system....
Regulating Cannabis in Accord with International Law: Options to Explore
CND Side Event: Friday, March 16, 2018: Conference Room M5, 13:10-14:00
Paper: Balancing Treaty Stability and Change: Inter se modification of the UN drug control conventions to facilitate cannabis regulation
Joint WOLA, TNI, & GDPO Policy Report - March 2018
Martin Jelsma, Neil Boister, David Bewley-Taylor, Malgosia Fitzmaurice and John Walsh
As a growing number of countries move towards legal regulation for non-medical cannabis, governments are pushing the boundaries of the three UN drug control treaties. At the 61st session of the Commission on Narcotic Drugs (CND), TNI, the Washington Office on Latin America (WOLA) and the Global Drug Policy Observatory (GDPO) organised a side event to explore the issue, addressing the various challenges and opportunities involved. At the event a groundbreaking report on the issue will be presented: Balancing Stability and Change
Edging Forward: How the UN's language on drugs has advanced since 1990
Edging Forward: How the UN's language on drugs has advanced since 1990
Joint IDPC, TNI, & GDPO Briefing Paper - September 2017
Jamie Bridge (IDPC), Christopher Hallam (IDPC & GDPO), Marie Nougier (IDPC), Miguel Herrero Cangas (IDPC), Martin Jelsma (TNI), Tom Blickman (TNI), & David Bewley-Taylor (GDPO)
Diplomatic processes at the United Nations (UN) are notoriously slow and difficult, perhaps increasingly so in a modern world of multi-polar geopolitics and tensions. This is certainly no different for the highly charged and provocative issue of international drug control. After the latest high-level UN meeting on drug control – the UN General Assembly Special Session (UNGASS) on the ‘world drug problem’ in New York in April 2016 – many stakeholders came away with mixed feelings at best. Despite acknowledgements of the progress made in certain areas of the debate, and the rich content of some of the country and civil society statements, the UNGASS failed to deliver the ‘wide-ranging and open debate that considers all options’ that had been called for by the UN Secretary-General at the time, Ban Ki-Moon. In order to help digest and contextualise the UNGASS Outcome document, it is useful to take a broader look at how the agreed UN language on drug control has devolved and developed over the last quarter of a century. To this end, this paper explores a selection of key themes by analysing the consensus-based language agreed by UN member states in several key declarations, statements, and outcome documents…
Dealing with Synthetics: Time to Reframe the Narrative
Dealing with Synthetics: Time to Reframe the Narrative
Policy Report 6 - September 2017
Julia Buxton, Dave Bewley-Taylor, and Christopher Hallam
History has, in many ways, deflected attention away from the issue of synthetic drugs. Governments and the overarching UN based international control structures above them have tended instead to traditionally focus their attentions on organic drugs and semi-synthetic substances derived from narcotic plants, such as opium, morphine, heroin, cannabis, coca and cocaine...inertia continues to afflict those structures responsible for developing appropriate policy responses...Policy Report 6 argues that considering its policy history and contemporary dynamics, it is now time to reframe the narrative surrounding the way the international community deals with synthetic drugs.
UN summit cannot hide growing divergence in the global drug policy landscape
Drug Policy Briefing No.45, June 2016
David Bewley-Taylor and Martin Jelsma
The 30th Special Session of the General Assembly (UNGASS) took place in New York from 19 to 21 April. It was the third special session in UN history devoted to the drugs issue. During the previous drugs UNGASS in 1998, Mr Udovenko, the Ukrainian President of the General Assembly at the time, addressed in his closing remarks a “growing convergence of views” and a “spirit of togetherness”. The tough negotiations over the UNGASS outcome document this year, on the other hand, were characterised by growing divergence and head-on collision on some issues. A fragile consensus was reached on a final draft at the Commission on Narcotics Drugs (CND or Commission) in March in Vienna. Fears were so prevalent that it could still break apart in the course of the three-day meeting that the adoption of the outcome document, scheduled to take place at the closing session, was moved forward on the agenda immediately after the opening ceremony on the first day. When a journalist asked Mr Fedotov, the Executive Director of the United Nations Office on Drugs and Crime (UNODC), how the UN could pretend there is consensus on how to tackle what has become known simply as the ‘world drug problem’ when some countries are legalising cannabis while in others people are executed for trafficking it, he answered with a wry smile: “it’s a very b-r-o-a-d consensus”
Cannabis Regulation & the UN Drug Treaties: Strategies for Reform
Briefing Paper Prepared by: GDPO, CDPC, HRDP, TDPF, TNI, WOLA, CHALN & MUCD June 2016
David Bewley-Taylor, Martin Jelsma, Steve Rolles, & John Walsh
As jurisdictions enact reforms creating legal access to cannabis for purposes other than exclusively “medical and scientific,” tensions surrounding the existing UN drug treaties and evolving law and practice in Member States continue to grow. How might governments and the UN system address these growing tensions in ways that acknowledge the policy shifts underway and help to modernize the drug treaty regime itself, and thereby reinforce the UN pillars of human rights, development, peace and security, and the rule of law?
Policy Brief 10, April 2016: Towards Metrics that Measure Outcomes that Matter
Although recent years have witnessed an increasingly honest and sophisticated discourse on the measurement of illicit drug markets, metrics relating to drug policy outcomes remain dominated by the activities of law enforcement agencies. This owes much to the underlying philosophy of the extant UN based international drug control system and an approach that has delivered few sustained and geographically widespread successes. Current metrics are resilient in part because they provide politically useful certainty within a complex, fluid and ultimately problematic policy domain. This is the case even though traditional indicators are increasingly at odds with policy shifts seeking to reduce the overall harm of illicit drug markets. While alert to the need for national, even local, specificity, more appropriate and holistic indicators at the multilateral level could be developed around the core purpose and principles of the UN itself and the security and health of citizens and the social and economic development of communities. Such a move would require the creation of some new data capture mechanisms. Yet much of the necessary data – as well as expertise – are already collected by and present within UN agencies, including those beyond the drug control apparatus in Vienna (E.g. the World Health Organisation, UNAIDS, the United Nations Development Programme and the UN Office of the High Commissioner for Human Rights). The United Nations General Assembly Special Session on the World Drug Problem (UNGASS) in April 2016 looks likely to be a missed opportunity for the initiation of a formal process to develop a new basket of drug policy objectives and appropriately refined indicators. Nonetheless, building upon some positive aspects of the UNGASS Outcome Document – particularly in relation to the Sustainable Development Goals – progress can be made in the lead up to the next high-level meeting on drug policy in 2019. A productive way forward would be the establishment of some form of expert technical review group. Such a move would not only help facilitate the implementation of more effective and humane drug control policies and interventions at local, national, regional and international levels, but would also contribute to the reduction of continuing systemic dissonance around the issue of drug control within the UN system....
2016 United Nations General Assembly Special Session on the World Drug Problem
The 2016 United Nations General Assembly Special Session on the World Drug Problem: An opportunity to move towards metrics that measure outcomes that really matter
In recent years, we have seen the emergence of an increasingly honest and sophisticated discourse surrounding the measurement of illicit drug markets. With this has come a growing acceptance among some governments and international organisations of the concept of uncertainty; an inherent characteristic of our understanding of any illegal market. At the UN level, for example, this is reflected in the use of data ranges rather than specific point figures for drug use prevalence and associated variables within the United Nations Office on Drugs and Crime’s (UNODC) flagship annual publication, the World Drug Report (WDR). The WDR also now openly contains the admission that there are enormous data gaps in certain regions, particularly in Asia and Africa. Both of these parts of the world possess expanding populations and accelerating rates of urbanization, phenomena associated with increasing levels of the illicit use of a range of psychoactive substances. As such, although sometimes relying on extrapolation and expert opinion for some sense of ‘ground truth’, out-of-date and incomplete figures are omitted from some regional and sub-regional assessments of prevalence rates. The result is a more candid, if still inherently problematic, attempt to offer an overview of aspects of a complex and increasingly fluid illicit market... Click link to download full paper:
International Law and Drug Policy Reform Expert Seminar
The Expert Seminar “International Law and Drug Policy Reform,” organized by The Global Drug Policy Observatory (GDPO), International Centre on Human Rights and Drug Policy (ICHRDP), Transnational Institute (TNI) and the Washington Office on Latin America (WOLA), took place in Washington, D.C., on 17-18 October 2014.
Drug policy reform is currently higher on the international agenda than it has been in recent memory. With a United Nations General Assembly Special Session (UNGASS) on drugs set for 19-21 April 2016, the prominence of this issue will further increase. Significant legal and policy reforms at the national level have taken place in recent years that pose considerable challenges to the international legal framework for drug control, and beg important questions regarding states’ international legal obligations.
As these debates move forward and as such reforms expand, international drug control law, often regarded as distant and arcane, becomes a more immediate and tangible concern. Clear legal tensions and, in some cases, breaches, are evident. The responses to these challenges will have ramifications beyond national borders and into international relations, and beyond international drug control law and into the broader realm of public international law.
The 2016 United Nations General Assembly Special Session on the World Drug Problem (UNGASS) will see a strong lobby in support of development oriented responses to the problem of drug supply, including from the United Nations Office on Drugs and Crime (UNODC). The promotion of Alternative Development (AD) programmes that provide legal, non-drug related economic opportunities for drug crop cultivators reflects the limited success of enforcement responses, greater awareness of the development dimensions of cultivation activities and the importance of drugs and development agencies working co-operatively in drug environments. Evidence from thirty years of AD programming demonstrates limited success in supply reduction and that poorly monitored and weakly evaluated programmes cause more harm than good. UNGASS 2016 provides an opportunity for critical scrutiny of AD and the constraints imposed by the 1961 Single Convention on Narcotic Drugs on innovative, rights based and nationally owned supply responses. Cultivation is a development not a crime and security issue.
Recent years have seen a dramatic growth in the sale of a variety of illicit substances on Dark Net drug markets, with on line sales projected to increase exponentially due to expanding internet availability, evolving technologies and the profusion of social media. Experience to date shows that enforcement efforts through surveillance, hacking and other forms of interdiction may be successful in closing down a particular site, but at the cost of proliferating hidden drug markets and incentivising technological innovation. Dark Net interdiction efforts should prioritise high-end crimes such as child sexual exploitation, cyber terrorism and weapons trafficking, and work with self-regulating, ‘ethical’ drug sites to enhance understanding of high-level criminality on the Dark Net.
Getting High on Impact: The Challenge of Evaluating Drug Policy
The official drug control community – the International Narcotics Control Board (INCB), the UN Commission on Narcotic Drugs (CND), the UN Office on Drugs and Crime (UNODC) and – at a national state level – the US government – and a growing number of drug policy reform groups are at loggerheads over how drug policies should best be evaluated. This brief highlights the importance of reflecting carefully on (a) whether and, if so, how the definitions of, and perceptions on, ultimate policy goals differ or (b) whether any common ground exists between the proponents and critics of the drug policies.
From Drug War to Culture War: Russia's Growing Role in the Global Drug Debate
Russia has utilized the general drug war discourse to both increase the levers of influence available to it on the international arena, and to press for greater convergence and harmonisation of drug policies within the Commonwealth of Independent States (CIS). The imminent departure of NATO from Afghanistan has led to further reform of Russia’s attempted outreach to other states within the framework of the ‘war on drugs’; the Russian model of ‘alternative development’ via ‘rapid industrialization’ is now explicitly held up as both more productive, and of greater utility, than Western-sponsored crop substitution schemes. Russia has also implemented a relatively complex set of policies that appear set to present an alternative agenda to proposals favouring greater harm reduction or decriminalisation at the next UNGASS summit in 2016.