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POSITION PAPER DRUG POLICY AND THE SUSTAINABLE DEVELOPMENT AGENDA September 2018 KOFI ANNAN (IN MEMORIAM) JOYCE BANDA PAVEL BÉM RICHARD BRANSON FERNANDO HENRIQUE Chairman of the Kofi Annan Former President of Malawi Former Mayor of Prague, Entrepreneur, founder of the CARDOSO Foundation and Former Czech Republic Virgin Group,co-founder of Former President of Brazil Secretary-General of the The Elders, United Kingdom (Founding Chair) United Nations, Ghana MARIA CATTAUI HELEN CLARK NICK CLEGG RUTH DREIFUSS (CHAIR) CESAR GAVIRIA Former Secretary-General Former Prime Minister of New Former Deputy Former President of Former President of Colombia of the International Chamber Zealand and Administrator of Prime Minister of the Switzerland (Chair) of Commerce, Switzerland the United Nations United Kingdom Development Programme ANAND GROVER MICHEL KAZATCHKINE ALEKSANDER KWASNIEWSKI RICARDO LAGOS OLUSEGUN OBASANJO Former UN Special Rapporteur Former Executive Director of Former President of Poland Former President of Chile Former President of Nigeria on the right to health, India the Global Fund to Fight AIDS, Tuberculosis and Malaria, France GEORGE PAPANDREOU JOSÉ RAMOS-HORTA JORGE SAMPAIO GEORGE SHULTZ JAVIER SOLANA Former Prime Minister of Former President of Timor-Leste Former President of Portugal Former Secretary of State of Former European Union Greece the United States of America High Representative for the (Honorary Chair) Common Foreign and Security Policy, Spain MARIO VARGAS2 LLOSA PAUL VOLCKER ERNESTO ZEDILLO Writer and public intellectual, Former Chairman of the US Former President of Mexico Peru Federal Reserve and of the Economic Recovery Board, United States of America TABLE OF CONTENTS INTRODUCTION 3 ENDING POVERTY AMONG THOSE MOST VULNERABLE WITHIN THE ILLEGAL DRUG MARKET 4 Exacerbating poverty in illegal crop cultivation areas 4 Vulnerabilities of people caught in drug trafficking 5 Poverty, stigma and criminalisation 5 REFORM PUNITIVE DRUG POLICIES TO PROMOTE ACCOUNTABILITY AND FAIR ACCESS TO JUSTICE 5 Discrimination and enforcement of drug laws 6 Criminal justice and prison overcrowding 6 Corruption and unaccountable institutions 7 Violence, lack of due process and judicial discretion 7 Limited access to justice for people who use drugs 8 PROMOTE HEALTHY LIVES THROUGH DRUG POLICIES 8 Healthy lives and wellbeing for people who use drugs 8 Health impacts of supply reduction efforts 9 global epidemic of unrelieved pain 10 IMPROVING GLOBAL PARTNERSHIPS FOR DRUG POLICY REFORM 11 North-South domination: Foreign aid and the war on drugs 11 Policy incoherence: Support of human rights violations 11 The essential role of civil society 12 Ensuring UN system-wide coherence in drug policy 12 RECOMMENDATION 13 COUNTRY PROFILES 14 REFERENCES 21 1 MEASURE INTERNATIONAL AID END COERCION AGAINST HUMAN RIGHTS ON THE POOREST COMMITMENTS COMMUNITIES DECRIMINALIZE DRUG USE, PROMOTE ALTERNATIVES TO PREVENT INCARCERATION, AND AERIAL SPRAYING CANCEL CRIMINAL RECORDS IN CROP FOR NON-VIOLENT ERADICATION DRUG OFFENCES PROVIDE HEALTH SERVICES AND ADEQUATE ACCESS TO CONTROLLED ESSENTIAL MEDICINES FOR THOSE IN NEED END THE USE OF PEOPLE-CENTERED ALIGN HARMFUL PESTICIDES PREVENTION PROGRAMS TO DESTROY CROPS WITH THE REALITY DRUG POLICIES OF DRUG USE FOR SECURITY, PROSPERITY AND WELLBEING PROVIDE WOMEN WHO USE DRUGS WITH SERVICES TAILORED TO THEIR NEEDS COMBAT PLAN THE OVER-COMMERCIALIZATION GROWING NUMBER AND COMMERCIAL OF LEGAL MARKETS HEALTH-RELATED HAZARDS OF ADULT USE IN REGULATED OF DRUGS MARKETS PROMOTE ENSURE CITIES RESEARCH IN PROVIDE BASIC SERVICES FOCUS EFFORTS THE DIVERSE USES TO ALL ON EQUITY FOR OF DRUGS PEOPLE IMPACTED BY THE PROHIBITION OF DRUGS INTRODUCTION Between the United Nations General Assembly Special The adoption in 2015 of the SDGs and the 2030 Agenda Session (UNGASS) on the “World Drug Problem” in 1998 for Sustainable Development, a few months before the and the UNGASS on the same theme held in 2016, the UNGASS on drugs in 2016, was a key opportunity to shed international drug control regime was organised into a light on the dimensions of human development, including three-pillar approach aimed at reducing demand and poverty, health, the rule of law, gender equality, human supply,1 and promoting international cooperation against rights and the environment.7 It opened the door to an organised crime and money-laundering.2 The Political alignment of the responses to drugs with the principles of Declaration adopted at the 1998 UNGASS sought not only sustainable development. For the first time, a high-level to eliminate or significantly reduce drug use and supply document on drugs, the UNGASS Outcome Document, by 2008,3 but also to respond to the global threat to the added new pillars to the global drug control strategy: “welfare of humankind” that drugs have been considered access to essential medicines, new challenges, human to pose since the 1960s.4 In line with these overarching rights, youth rights and women’s rights, and development.8 goals, member states at the 1998 UNGASS supported the It pointed to the need to rethink the compartmentalised official slogan “A drug-free world: we can do it!” response of the UN system towards drugs, focused narrowly on law enforcement and criminal justice. Ten years later, in 2009, UN member states adopted a new Political Declaration and a detailed plan of action on drugs5 The Global Commission on Drug Policy has been calling that simply reiterated the 1998 objectives and the three- for a paradigm shift since its first recommendations in pillar approach. In so doing, the plan of action ignored four 2011.9 Ensuring that drug policies are truly enshrined in the major changes that had occurred since the adoption in 1988 SDG framework will require governments to respect the six of the third global drug convention, the UN Convention essential elements of the SDGs10 that should underpin any Against Illicit Traffic in Narcotic Drugs and Psychotropic future response to drugs: justice-based, people-centred, Substances. The first change was the blatant failure of dignity-oriented, solidarity-based partnerships that are punitive approaches to reduce the cultivation, manufacture, respectful of the planet and focus on prosperity for all. availability, use and problematic use of illicit drugs, and the harm caused by drug use and by drug policies. The international community is currently preparing for the Ministerial Segment of the Commission on Narcotic Drugs The second change was an acknowledgement by the (CND), planned for March 2019, where countries will agree United Nations itself that a purely repressive drug control upon their global drug strategy for the coming decade. approach had resulted in severe unintended consequences This position paper highlights the interactions between such as the creation of a global illegal market, to which one the SDGs – as the adopted common policy framework until can add an explosion of HIV and hepatitis infections among 2030 – and international drug policy. people who use drugs, the high level of stigma associated with drug use, and the lack of access to internationally As a transformational agenda for people and the planet, controlled substances for medical purposes.6 Third, the the SDGs provide a framework within which drug policies world has changed drastically since the 1960s, when the can be rethought to focus on those who are threatened, first UN drug convention was agreed. Unprecedented rather than the threats drugs themselves may represent.11 globalisation, interconnectedness and new technologies This paper provides a diverse set of country examples and have resulted in new challenges such as global health case studies, both positive and negative. It presents the crises, record refugee flows, climate change and other position of the Global Commission on how to align drug environmental issues, and the use of the Internet for both policy with the spirit, letter and implementation of the legal and illegal purposes. Drug policies focused exclusively SDGs. on achieving a drug-free world have only exacerbated the suffering of the poorest and of communities most exposed The 2030 Agenda united the international community to socioeconomic challenges. The fourth major change around the slogan “no one left behind”. It is time to ensure was the adoption of the Millennium Development Goals that means leaving behind no individual who uses drugs, and the subsequent Sustainable Development Goals nor any affected community. It is time to make special (SDGs). They ushered in a new international focus on a efforts to provide public services and support to people global partnership and a cooperative effort to achieve who use drugs and communities that have been harmed by human rights, gender equality, and health and safety in the so-called war on drugs. It is time to rethink the overall developing economies. goals of drug policies to ensure that they are aligned with the Sustainable Development Agenda. 3 ENDING POVERTY AMONG THOSE MOST VULNERABLE WITHIN THE ILLEGAL DRUG MARKET Ending poverty (SDG 1), zero hunger (SDG 2), quality EXACERBATING POVERTY IN ILLEGAL CROP education (SDG 4), gender equality (SDG 5), clean water CULTIVATION AREAS and sanitation (SDG 6), decent work and economic growth (SDG 8), reduced inequality (SDG 10) and sustainable cities and communities (SDG 11) all seek to improve the quality of life of those most marginalised and vulnerable by ensuring access to basic services. However, most steps undertaken by global drug control efforts have exacerbated poverty and marginalisation instead of tackling the underlying causes of involvement in the illegal drug market. A purely repressive approach towards drugs also fails to recognise that for millions of people worldwide – in Opium, coca and cannabis are cultivated in some of the Afghanistan, Mali and areas of Brazil, for instance – organised most isolated areas of the world, where the state’s presence criminals involved in the illegal drug market provide tends to be limited to law enforcement interventions to incomes, basic services and stability that the state fails to destroy illegal crops and arrest farmers engaged in their provide.12 In these lost territories, many governments have cultivation.