United Nations Office on Drugs and Crime
BACKGROUND GUIDE
Vancouver Model United Nations The Twentieth Annual Session | January 29–31, 2021
Dear Delegates, William Tsai Secretary-General My name is Cindy Zhang, and it is my utmost pleasure to welcome you to VMUN 2021
as the Director of the United Nations Office on Drugs and Crime (UNODC). I am currently a junior studying at Fraser Heights Secondary, and have been a passionate
participant of Model United Nations since the eighth grade. Since attending my first Vivian Gu conference four years ago, I cannot begin to describe how Model UN has transformed Director-General my once ignorant and naive view of the world and provided me with memories that
will last lifetimes. Derek Wu Chief of Staff Alongside me will be your Chair, Eric Li, and Assistant Director, Victoria Munro. I Tyler Rosenzweig would like to acknowledge that the topics we will be addressing today are rather Director of Logistics difficult to comprehend; organized crime in political settings poses many challenges not only to the wellbeing of countries but also to the very fabrics of society itself. On the other hand, the decriminalization of drugs could very well be the make or break in an
individual’s life. Ultimately, it is up to you as a delegate to fuel debate during the Joyce Chen weekend. I anticipate long hours of debate full of conflict and compromise; thus, USG General Assemblies whether it is a short speech on your country stance or a lengthy disquisition on foreign policy, I encourage you to stand up and speak. Ethan Jasny USG Specialized Agencies Should you have any questions or concerns prior to the conference, please do not hesitate to reach out to either myself or my fellow Dais members. We look forward to Vivian Liang meeting all of you in January, and to an unforgettable experience. USG Conference Sincerely, Jonah Ezekiel USG Finance Cindy Zhang UNODC Director Laura Choi USG Communications
Armaan Jaffer USG Delegate Affairs
Mia Tsao USG Delegate Affairs
Position Paper Policy
What is a Position Paper?
A position paper is a brief overview of a country’s stance on the topics being discussed by a particular committee. Though there is no specific format the position paper must follow, it should include a description of your positions your country holds on the issues on the agenda, relevant actions that your country has taken, and potential solutions that your country would support.
At Vancouver Model United Nations, delegates should write a position paper for each of the committee’s topics. Each position paper should not exceed one page, and should all be combined into a single document per delegate.
For the United Nations Office on Drugs and Crime, position papers are not mandatory but highly recommended, especially for a delegate to be considered for an award.
Formatting
Position papers should:
— Include the name of the delegate, his/her country, and the committee
— Be in a standard font (e.g. Times New Roman) with a 12-point font size and 1-inch document margins
— Not include illustrations, diagrams, decorations, national symbols, watermarks, or page borders
— Include citations and a bibliography, in any format, giving due credit to the sources used in research (not included in the 1-page limit)
Due Dates and Submission Procedure
Position papers for this committee must be submitted by midnight on January 22nd, 2021. Once your position paper is complete, please save the file as your last name, your first name and send it as an attachment in an email, to your committee’s email address, with the subject heading as your last name, your first name — Position Paper. Please do not add any other attachments to the email or write anything else in the body.
Both your position papers should be combined into a single PDF or Word document file; position papers submitted in another format will not be accepted.
Each position paper will be manually reviewed and considered for the Best Position Paper award.
The email address for this committee is [email protected].
The Role of Organized Crime in Political Suppression ...... 3
Overview ...... 3
Timeline ...... 4
Historical Analysis ...... 5
Past UN/International Involvement ...... 6 United Nations General Assembly Resolution 55/15 ...... 6
Commission on Crime Prevention and Criminal Justice ...... 7
The Sustainable Development Goals (SDGs)...... 7
Current Situation ...... 7
Russian Organized Crime (ROC) ...... 8
Asian Criminal Organizations ...... 9
Case Study: Heorhiy Gongadze ...... 10
Possible Solutions and Controversies ...... 10
Upholding and Enforcing International Law ...... 10 Government Transparency and Accountability ...... 11
Triad-Specific Law Enforcement Units ...... 11
Bloc Positions ...... 12
North America ...... 12
European Union (EU) ...... 12
Latin America ...... 13
Middle East ...... 13
Asia ...... 14
Discussion Questions ...... 14
Additional Resources ...... 15
Bibliography ...... 16
Decriminalization of Drugs ...... 21
Overview ...... 21
Timeline ...... 21
Historical Analysis ...... 23
Vancouver Model United Nations 2021 1 Past UN/International Involvement ...... 24
The Hague International Opium Convention of 1912 ...... 24
UN Conventions of 1961, 1971, and 1988 ...... 25
Political Declaration on the Guiding Principles of Drug Demand Reduction (1998) ...... 26
Political Declaration and Plan of Action (2009) ...... 26 Current Situation ...... 27
Drug Violence ...... 27
Discriminatory Incarceration ...... 28
Substance Use Disorders ...... 28
Case Study: Portugal ...... 29
Possible Solutions and Controversies ...... 30
Drug Policy Reform ...... 30
Public Health Intervention Programs ...... 30
Defelonization ...... 31
Bloc Positions ...... 32 North America ...... 32
Latin America ...... 32
Europe ...... 32
Asia ...... 33
Africa ...... 33
Discussion Questions ...... 34
Additional Resources ...... 34
Bibliography ...... 36
Vancouver Model United Nations 2021 2 The Role of Organized Crime in Political Suppression
Overview
Organized crime involves a “group of three or more persons [who are] not randomly formed to obtain a financial or other material benefit.”1 These individuals typically operate, wholly or in part, irrespective of international boundaries; thus, there is no single structure under which organized criminal groups function. These organizations are considered to be one of the 21st century’s fastest changing phenomena as a result of its elaborate structures. Globalization has provided these groups with faster modes of communication and international travel, ultimately presenting more opportunities for the exploitation of legitimate economies and public officials.
On the other hand, political parties play a monumental role in the functioning of democracy. These parties are designed to mirror the wishes of the people and act as a platform for individuals to voice their opinions. However, a spike in organized criminal violence in the last decade has upturned the very essence of democracy. Criminal groups have become increasingly engaged in politics through violence. These associations have developed various relationships with the state that have produced heightened levels of violence that allowed these organizations to gather significant political authority mainly through means of physical extortion.2 By allowing such organized crime to permeate countries, they have emerged as an important political player in numerous countries, including in Brazil and Mexico, where highly resilient organizations are built through the accumulation of resources and effective use and threat of violence.3 In many nations, politicians redirect public investment towards criminal organizations to fund illegal activity.4 These actions threaten the social, political, economic, and religious elements of societies around the world; the power which organized criminal organizations hold over states have direct impacts on human rights, international relations, and specifically, governance through the “buying” of elections.5
1 Nicholas Barnes, “Criminal Politics: An Integrated Approach to the Study of Organized Crime, Politics, and Violence.” Cambridge University Press, November 20, 2017, https://www.cambridge.org/core/journals/perspectives-on- politics/article/criminal-politics-an-integrated-approach-to-the-study-of-organized-crime-politics-and- violence/B6E8E52E87FCC47B3F053BA7AF65971E/core-reader. 2 Ivan Briscoe, Diana Goff, “Deterring the Influence of Organized Crime on Political Parties.” Clingendael, 2016, https://www.clingendael.org/sites/default/files/pdfs/Protecting-Politics-Deterring-the-Influence-of-Organized-Crime-on- Political-Parties-PDF.pdf. 3 Barnes, “Criminal Politics.” 4 Alberto Alesina, Salvatore Piccolo, Paolo Pinotti, “Organized Crime, Violence, and Politics.” The Review of Economic Studies, Volume 86, Issue 2, March 2019, Pages 457–499, https://doi.org/10.1093/restud/rdy036 5 “Transnational organized crime: the globalized illegal economy,” UNODC, n.d., https://www.unodc.org/toc/en/crimes/organized-crime.html.
Vancouver Model United Nations 2021 3 Timeline
1870 — The Italian Mafia is asked by the Roman Republic to capture independent criminal bands. In exchange, officials turn a blind eye to all illegal activities. The Mafia eventually become skilled at political corruption.
January 17, 1920 - December 5, 1933 — American politicians request organized crime groups intimidate opposition candidates during the Prohibition era. In return, officials turn a blind eye to illegal gambling, prostitution rings, and alcohol smuggling (rum-running).
1955 — Japanese Prime Ministers Nobusuke Kishi and Kakuei Tanaka are elected to office thanks to yakuza boss Yoshio Kodama, who rigs the elections. Both Kishi and Tanaka are indebted to Kodama in fear of the Japanese mob turning against them.
January 1992 — The Commission on Crime Prevention and Criminal Justice (CCPCJ) is established upon request of the United Nations General Assembly. This resolution includes guidelines for international action to combat transnational crime, including organized, political, and economic crime.
1992 — The Transnational Threats (TNT) Project is founded as the Global Organized Crime Project; it was later rebranded to the Transnational Threats Project in 2002. Led by the Police Division on Serious and Organized Crime (SOC), the goal of this organization is to aid the United Nations in field missions to better address transnational threats, including political violence and corruption.
February 27-28, 1995 — The International Institute for Democracy and Electoral Assistance (IDEA) is founded to support and strengthen democratic institutions and processes around the world.
December 12, 2000 — The United Nations Convention against Transnational Organized Crime (UNTOC) is adopted by the General Assembly. It includes three protocols which target specific areas of organized crime and is the main instrument in the fight against transnational organized crime.
2002 — The Fuerzas Armadas Revolucionarias de Colombia (FARC), a political organization backed by criminal support, launches a campaign to intimidate opposition leaders in Colombia. Five politicians are murdered and 222 of Colombia's 463 mayors are forced to resign.6
December 11, 2006 — Mexican President Felipe Calderón deploys more than 6,500 Mexican soldiers to the state of Michoacán to battle drug traffickers in the Mexican Drug War. The discovery of the Governor of Michoacán’s criminal involvement with drug trafficking organizations greatly reflects the extent of corruption within the layers of government and political parties in Mexico.
September 2013 — The Global Initiative against Transnational Organized Crime is officially launched by the United Nations. This initiative provides a platform to promote debate and innovative approaches to combating organized crime while working on governance and development issues.7
6 Gianmarco Daniele, Gemma Dipoppa, “Mafia, Elections, and Violence against Politicians.” University of Barcelona, September 12, 2017, https://rubenson.org/wp-content/uploads/2017/09/dipoppa.pdf 7 Global Initiative, “What is the Global Initiative?” Global Initiative, n.d., https://globalinitiative.net/about-us/who-we-are/
Vancouver Model United Nations 2021 4 January 1, 2016 — The Sustainable Development Goals (SDGs) are adopted by all member states of the UN. Goal 16 specifically focuses on combating transnational organized crime in all its dimensions.
December 10, 2019 — Genero García Luna, a former top security minister under the administration of Mexican President Felipe Calderón, is arrested on charges of bribery from the Sinaloa Cartel.
Historical Analysis
The origins of organized crime groups can be traced back several centuries to the Camorra—one of the oldest criminal organizations in the world. This society dates back to the 17th century but is believed to have existed in Spain since the 15th century.8 The Camorra rose to power in Naples, modern Italy, during the 19th century as its influence spread to neighboring countries; their operations included criminal activities of various kinds such as extortion, road robberies, blackmail, and smuggling. Most notably, however, would be their involvement in the Neapolitan army and municipal services. At its peak, several hundred Camorra members were accepted into police services across all of Italy and manifested themselves into the lives of government officials. These individuals exploited elections and the elected for gain; the boss of each clan within the Camorra distributed bands throughout towns and utilized violence to have citizens vote for the candidates whom the Camorra were determined to support.9 Those who refused to vote were beaten, slashed with knives, or kidnapped. All of this was done with assurance of immunity from incarceration, as the Camorrists had the protection of successful politicians who realized they could not be elected to office without being indebted to the Camorra. However, after the unification of Italy in 1861, rigorous manhunts were launched to eradicate the organization. Thus, the Camorra lost its foothold in Europe, with its decline being particularly marked by the defeat of all its candidates in the Neapolitan election of 1901.10
During 1911, waves of Italians, both civilians and members of the mafia, flocked to the United States in search of better economic opportunities. Several of these civilians became affiliated with neighborhood gangs and often preyed on those in their own communities. By the Prohibition era in the 1920s, Italian American gangs entered the liquor business and rapidly took over the backstreets of the United States. They became exceptionally skilled at smuggling, money laundering, and bribing police and other public officials. Moreover, the Sicilian Mafia also fled to the United States, where they founded the American Mafia that many know today. While similar to its Sicilian roots, the Mafia in the U.S. and Sicily were considered separate entities. Although the Americans adopted some Italian traditions, including an all-important code of conduct and secrecy, both organizations’ activities rarely overlapped.11
At the same time that the Sicilian Mafia moved to North America, the Union of Soviet Socialist Republics (USSR) rose to power with the help of powerful gangs. The Russian Mafia played a monumental role in Russian history. Joseph Stalin, the leader of the USSR, facilitated partnerships between the government and criminals during the
8 Parul Jain, “Camorra.” Britannica, November 8, 2011, https://www.britannica.com/topic/Camorra 9 Times of Malta, “Camorra boss was on Italy’s most wanted list for years.” Times of Malta, November 19, 2010, https://timesofmalta.com/articles/view/camorra-boss-was-on-italy-s-most-wanted-list-for-years.336867 10 Jain, “Camorra.” 11 Ibid.
Vancouver Model United Nations 2021 5 Bolshevik Revolution of 1917. 12 Stalin committed piracy and robbed banks to fund the revolution with the backing of said criminals, and after the Communist Party rose to power, he allowed them to attain an “easier life in exchange for acting as enforcers for the government.”13 Following the creation of the USSR, several criminal groups left Russia to find better economic opportunities. Consequently, there are now over 300,000 members of the Russian Mafia all over the world.14 They formed alliances with their criminal counterparts, which included the triads in Hong Kong, China, and Taiwan, the Japanese Yakuza, the Sicilian Mafia, and what was left of the Camorra. Finally, beyond this, delegates must acknowledge that the dissolution of the USSR only further perpetuated the issue as criminals moved towards free-market practices. This pushed Russia to the verge of becoming a state dominated by gangsters, corrupt government officials, and powerful businessmen with ties to the Mafia.15
Past UN/International Involvement
United Nations General Assembly Resolution 55/15
Adopted by the General Assembly as Resolution 55/15 and operated under the UNODC, the United Nations Convention against Transnational Organized Crime (UNTOC) is the main international tool used to fight organized crime. All states that ratify this convention commit themselves to targeting transnational organized crime in its numerous forms. This included money laundering, the trafficking of peoples across international borders, the creation of appropriate frameworks for extradition, and providing the necessary resources for authorities to efficiently discern and prosecute criminals.16 The successes seen by the use of the UNTOC have been impressive; in 2005, over 200 convicted persons in organized crime groups were extradited from 30 countries. 17 However, a common concern from UNODC’s member states has been the lack of a review mechanism in the UNTOC. A review mechanism assesses countries on their performance in upholding this convention; despite efforts to establish a review mechanism after the UNTOC’s creation, no consensus could be
12 Dylan McIlvenna-Davis, “Gangs and Gulags: How Vladimir Putin Utilizes Organized Crime to Power his Mafia State.” Berkeley Political Review, December 16, 2019, https://bpr.berkeley.edu/2019/12/16/gangs-and-gulags-how-vladimir-putin-utilizes- organized-crime-to-power-his-mafia-state/. 13 Ibid. 14 G. W. Abersold, “Russian Organized Crime Operates just about Everywhere.” Inland Empire Community News, March 13, 2018, http://iecn.com/russian-organized-crime-operates-just-about-everywhere/. 15 William H. Webster, Gerard Burke, Todd H. Nelson, “Russian Organized Crime.” Centre for Strategic & International Studies, n.d., https://www.csis.org/programs/transnational-threats-project/past-projects/transnational-threats-project-past-task-force-5. 16 United Nations Office on Drugs and Crime, “United Nations Convention against Transnational Organized Crime and the Protocols Thereto.” United Nations Office on Drugs and Crime, n.d., https://www.unodc.org/unodc/en/organized- crime/intro/UNTOC.html. 17 U.S. Department of State, “Remarks at the UN General Assembly High-Level Debate on the Implementation of the UN Convention against Transnational Organized Crime (UNTOC).” U.S. Department of State, June 19, 2017, https://www.state.gov/remarks-at-the-un-general-assembly-high-level-debate-on-the-implementation-of-the-un-convention- against-transnational-organized-crime-untoc/
Vancouver Model United Nations 2021 6 reached.18 Thus, without such a system, there is no apparent way that the UN can determine if the convention has been successful at a national or regional level.
Commission on Crime Prevention and Criminal Justice
The Commission on Crime Prevention and Criminal Justice (CCPCJ) was established by the Economic and Social Council (ECOSOC) in 1992 and had its mandates further expanded in 2006 to serve as a governing body of the UNODC. Its primary function is to serve as the principal policy-making body within the UN in the field of crime prevention and criminal justice; the mandates of the CCPCJ also include improving the international judicial system while offering its 40 member states a forum for information and experience.
The Sustainable Development Goals (SDGs)
On January 1, 2016, the Sustainable Development Goals (SDGs)—also known as the Global Goals—were adopted by all UN member states. This was a global call to ensure that all citizens enjoy peace and prosperity by 2030.19 Of the 17 goals set forth by the UN, Goal 16 focused explicitly on strong institutions, peace, and justice. Its plans included reducing corruption and bribery in all forms and ensuring government transparency in representative decision-making (Targets 16.5-16.7).20 However, studies have shown wide-ranging implications of organized crime on development and have sparked concerns in the global community due to an overall lack of understanding. Several strategies to counter organized crime within development efforts remain isolated from other methods, and its impacts on development objectives are not well understood.21 An overwhelming majority of responses to organized crime are in the form of specific policies to counter individual subjects rather than examining and identifying the problem as a whole.
Current Situation
In the 21st century, the role of organized crime in political suppression entails utilizing sophisticated criminal networks to suppress opposition against the government or to silence public dissent. This has allowed for the emergence of powerful criminal groups in the last two decades in countries like Mexico, Russia, and China, where politicians redirect public investment to criminal organizations and exploit said organizations' power to attack any opposition. These criminal groups have close connections to individuals in the government and military at all levels; thus, the dangers posed by such criminal groups threaten public security and law enforcement and those of the international community. As such, social, political, and worldwide economic development is severely hindered and leave long-lasting consequences on society.
18 Global Initiative, “It’s now or never.” Global Initiative, October 14, 2018, https://globalinitiative.net/untoc-review-mechanism- now-or-never/ 19 United Nations, “The Sustainable Development Agenda.” United Nations, n.d., https://www.un.org/sustainabledevelopment/development-agenda-retired/ 20 United Nations, “Goal 16.” 21 Ibid.
Vancouver Model United Nations 2021 7 Russian Organized Crime (ROC)
The Russian mafia is considered one of the most powerful organizations in the world. The term "Russian organized crime (ROC)," is a broad umbrella phrase that captures a variety of crime groups and activities; however, this term is actually used to refer to a variety of ethnic groups who previously belonged to the Soviet Union. These groups were people of Armenian, Ukrainian, or Lithuanian descent.22 The presence of these mafia families has contributed greatly to the far-reaching impacts of Russian groups; it is estimated that 200 ROC groups operate in 58 countries and have formed alliances with their criminal counterparts.23 These counterparts include the triads in Greater China, the Japanese Yakuza, and the Camorra. Most importantly, however, would be the significance of the Solntsevskaya Bratva, the largest criminal organization in the world. This group is also known as the Russian Mafia or the Odessa, and has over 300,000 members in Russia, the United States, Hungary, Korea, and Mexico.24 25
In 2017, a married couple—known for political opposition to Russian President Vladimir Putin and for fighting Putin supporters—was attacked in Kiev, Ukraine. Adam Osmayev was shot in the leg, but his wife, Amina Okuyeva, was killed. Since taking office in 1999, Putin has been known to incentivize criminal groups to carry out his bidding. These typically included politically motivated assassinations of anti-Russian government individuals and money laundering. With this in mind, the Centre for Strategic and International Studies (CSIS) in the United States has identified Russia as a criminal-syndicalist state. Such a state is defined by the following elements:
1. Corrupt officials at all levels throughout the government bureaucracy, from ministers to tax collectors to low-level factotum.
2. Successful, full-time “professional” criminals.
3. Businessmen for whom existing Russian law—and Western norms of commerce—are simply obstacles to be overcome in one way or another.26
Conclusively, the repercussions of this criminal-syndicalist state are grave—for both Russia itself and the global community. Russia’s current political climate has resulted in ineffective international cooperation in that diplomacy, military affairs, and economic activities are futile due to Vladimir Putin’s involvement with the Mafia. As crime networks are revealed to be linked with Russian actors, the European Council on Foreign Relations stated that Russian organized crime is the biggest threat to the European Union (EU)’s security.27
22 James O. Finckenauer, “Russian Organized Crime in the United States.” National Institute of Justice, May 12, 2007, https://www.ncjrs.gov/pdffiles1/nij/218560.pdf. 23 Euan Grant, “The Russian Mafia and organized crime: how can this global force be tamed?.” openDemocracy, October 12, 2012, https://www.opendemocracy.net/en/odr/russian-mafia-and-organised-crime-how-can-this-global-force-be-tamed/. 24 G. W. Abersold, “Russian Organized Crime Operates just about Everywhere.” Inland Empire Community News, March 13, 2018, http://iecn.com/russian-organized-crime-operates-just-about-everywhere/. 25 PBS, “Russian Organized Crime: Centre for Strategic & International Studies (CSIS) Task Force Report (1997).” PBS, 1997, https://www.pbs.org/wgbh/pages/frontline/shows/hockey/mafia/csis.html. 26 PBS, “Task Force Report (1997).” 27 McIlvenna-Davis, “Gangs and Gulags.”
Vancouver Model United Nations 2021 8 Asian Criminal Organizations
Taiwanese Triads
The roots of Taiwanese triads can be traced back to mainland China. At the end of the Qing Dynasty (1644- 1912) period in China, triads helped the Chinese Nationalist Party, otherwise known as Kuomintang (KMT), resist the Manchu Qing after the KMT came to power in China in 1911. 28 The KMT used these triads to undermine their political enemies during China's Republican era; such an instance would be the Shanghai massacre of 1927, where thousands of communists were killed by Green Gang members who carried out the KMT's orders.29 After the KMT fled to Taiwan during the Chinese Civil War in 1949, the Bamboo Union rose to power among mainland Chinese migrants in Taiwan and suppressed Taiwan's pro-democracy and independence movements. The Bamboo Union is the largest of Taiwan’s three main criminal triads (Bamboo Union, Four Seas Triad, and Celestial Way), with approximately 10,000 members spread across North America, Europe, and Asia.30 This organization is exceedingly supportive of the KMT in Taiwan and during the one-party KMT-led Taiwanese martial law period, played a major role in stirring conflict in other countries. In 1984, members of this group assassinated Henry Liu, a journalist known for publicly criticizing the KMT government in Taiwan.31 Although there is controversy over whether or not this was a direct order from the KMT government, delegates must understand that the Bamboo Union only works for money—not for their own political gains.
Hong Kong Triads
There were almost 200 triads in Hong Kong in the early 19th century as waves of immigration from China overtook the city.32 Today, there are less than 30 groups left but these are some of the most dangerous criminal organizations in the world. The 14K (十四 K) is one of three major Triad groups in Hong Kong (Sun Yee On, Wo Shing Wo, and 14K) with over 25,000 members divided into 30 sub-groups.33 An important distinction between the three groups is that 14K is a pro-China organization, while the rest are largely pro-democracy within Hong Kong politics. As such, the 14K’s primary enemy is the Sun Yee On Triad, the largest of the three triads.34
In 2014, pro-democracy citizens in Hong Kong brought the city to a standstill as they protested for the right to elect their own leaders. The Umbrella Movement took place over a course of four months, and in the first few days, pro-China triads assaulted several protesters. They were allegedly paid by “business interests” who
28 Austin Ramzy, “What Are the Triads, and What Is Their History of Violence?” The New York Times, July 24, 2019, https://www.nytimes.com/2019/07/24/world/asia/hong-kong-triads-protests.html. 29 Ibid. 30 SCMP Reporter, “How Bamboo grew: 10,000-strong Taiwanese triad linked to Hong Kong executive's kidnapping is ‘one of world’s most dangerous gangs.” South China Morning Post, October 28, 2015, https://www.scmp.com/news/hong-kong/law- crime/article/1873123/criminal-bamboo-growth-10000-strong-taiwanese-triad-linked. 31 Today, “Who are the Hong Kong triads accused of targeting protesters?” Today, July 24, 2019, https://www.todayonline.com/world/who-are-hong-kong-triads-accused-targeting-protesters. 32 Ramzy, “What Are the Triads?” 33 United Gangs, “14K Triad.” United Gangs, n.d., https://unitedgangs.com/14k-triad/. 34 Ibid.
Vancouver Model United Nations 2021 9 wanted to impress the Chinese government, according to anonymous interviewees.35 This was only one of several instances where triads have worked with the Chinese government. After the Tiananmen Square Massacre of 1989, the Chinese government has recruited patriotic triads to suppress public unrest. With this in mind, triads have been found to be increasingly involved with the Chinese government as enforcers of unpopular policies and in the crackdown of democratic protests.36
Case Study: Heorhiy Gongadze
Ukraine has been rated as one of the world’s most corrupt nations by Transparency International.37 Evidence that has surfaced in the last decade connected former President Leonid Kuchma and his closest aides to the surveillance of politicians, the suborning of judges, interference in criminal investigations, falsification of election results, and the harassment of journalists. In September 2000, Ukrainian journalist Heorhiy Gongadze disappeared after writing about corruption at the highest levels of Ukraine’s government. His decapitated corpse was found near Kiev almost four months later after several anonymous tips stated where Gongadze could be found, and that Interior Minister Yuriy Kravchenko, Volodymyr Kysil, and Oleksandr Volkov knew where he was. These three men were close allies of Kuchma and served as his campaign managers. 38 After countless investigations, direct involvement by the President of Ukraine with organized crime figures were found; the case only further exacerbated Ukraine’s unsuccessful transition into a democratic polity.39
Possible Solutions and Controversies
Upholding and Enforcing International Law
All member states of the United Nations are bound to the UN Charter which aims to “establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law [are to] be maintained.” 40 This foundational treaty organizes the major principles of international relations, from sovereign equality to the prohibition of the use of force in any matters pertaining to international relations. As such, Article 1 states that international peace and security must be upheld; “effective and collective measures for the prevention and removal of threats to the peace” will be used as necessary.41 The foundation of all of the United Nations’ work is based on the UN Charter, as is international law: including international human rights
35 Federico Varese, Rebecca Wong, “Resurgent Triads? Democratic Mobilization and Organized Crime in Hong Kong.” Sage Journals, March 17, 2017, https://journals.sagepub.com/doi/abs/10.1177/0004865817698191?journalCode=anja. 36 BBC, “Hong Kong Protests: Were Triads Involved in the Attacks?” BBC News, July 22, 2019, https://www.bbc.com/news/world- asia-china-49071502. 37 Transparency International, “Ukraine.” Transparency International, n.d., https://www.transparency.org/en/countries/ukraine. 38 Roman Kupchinsky, “The Gongadze Case.” Radio Free Europe, Volume 4, Number 16, August 6, 2004 https://www.rferl.org/a/1342344.html. 39 P. Williams, J. Picarelli, “Organized crime in Ukraine: Challenge and response.” Trends Organized Crime, March 2001, https://doi.org/10.1007/s12117-001-1009-3. 40 United Nations, “Uphold International Law.” United Nations, n.d., https://www.un.org/en/sections/what-we-do/uphold- international-law/. 41 United Nations “Chapter I: Purposes and Principles.” United Nations, n.d., https://www.un.org/en/sections/un-charter/chapter- i/index.html.
Vancouver Model United Nations 2021 10 law, criminal law, refugee law, and humanitarian law.42 For this reason, any nations working under treaties established by the United Nations to eliminate criminal organizations must consistently uphold all articles in the UN Charter.
The United Nations Security Council (UNSC) plays an important role in enforcing any relevant international laws by acting under Chapter VII of the UN Charter. Specifically, delegates may find this chapter useful when drafting resolutions as it states that the Security Council can impose any necessary sanctions to protect any threats to peace or to combat acts of aggression.43 Moreover, seeing as three of the five permanent members of the Security Council are the origin countries of some of the most powerful criminal organizations in the world, such as the 14K and Solntsevskaya Bratva, it should be in the international community’s interest to re-evaluate the level of involvement of such countries. The committee may wish to recommend new guidelines; however, these guidelines cannot be directly implemented by UNODC as they are outside of the committee’s jurisdiction.
Government Transparency and Accountability
Criminals typically rely upon corruption within federal structures to successfully carry out their activities and more often than not, a general lack of accountability amongst government institutions and police forces proves to be a weak spot. Moreover, corruption and organized crime are two topics rarely discussed in isolation, as both are becoming increasingly interconnected. The magnitude of threats in the domain of public safety and security brought upon the international community can undermine not only the economic aspects of society, but the social, cultural, and military aspects as well. In the end, it is the citizens’ responsibility to hold their government officials accountable by strengthening judicial integrity, law enforcement, and prosecutorial capacity. As mentioned earlier, UNODC’s main instrument in fighting transnational organized crime is the United Nations Convention against Transnational Organized Crime (UNTOC). Its successes have been widespread in that it helped international crime agencies extradite over 200 convicted persons from 30 countries in 2005.44 Since the creation of this tool in 2003, member states of UNODC have consistently pushed for the integration of a review mechanism—a system where countries can be assessed in their performance in upholding this convention.45 With this in mind, members of UNODC should advocate for the incorporation of a review mechanism while strengthening the UNTOC to accommodate changing political climates. Consequently, this entails strengthening judicial integrity, law enforcement, prosecutorial capacity, and redirecting focus to criminal organizations with powerful connections in influential nations.
Triad-Specific Law Enforcement Units
Hong Kong and Taiwan are home to some of the most dangerous triad organizations in the world, such as the 14K and Sun Yee On. Accordingly, both governments have unique anti-triad laws which make initiation ceremonies illegal. These ceremonies are typically gatherings with hundreds of members celebrating a new
42 United Nations Office on Drugs and Crime, “UNODC Mandates and Human Rights Foundations.” n.d., https://www.unodc.org/unodc/en/Human-rights/unodc-mandates---more.html. 43 Frederic L. Kirgis, “Enforcing International Law.” American Society of International Law, January 22, 1996, https://www.asil.org/insights/volume/1/issue/1/enforcing-international-law 44 U.S. Department of State, “Remarks at the UN General Assembly.” 45 Global Initiative, “It’s now or never.”
Vancouver Model United Nations 2021 11 member around a makeshift altar consisting of joss sticks, wine, red and yellow papers, and a meat cleaver.46 Due to the changing atmosphere of the world, the structure of triads have changed to evade national authorities. In- person meetings are exceedingly rare since communication is done through untraceable private browsers like the Onion Router (Tor). Thus, it should be in all nations’ interest to focus on investing in the appropriate resources to apprehend such criminals, as the available tools are quite technologically lacking for the modern structures of organized crime organizations. Furthermore, the creation of law enforcement is a core pillar of UNODC’s work; the organization continuously works to educate officers around the world about the relevance of organized crime while also providing computer-based training.47
Bloc Positions
North America
North American states are relatively economically and politically stable. They are able to support themselves and other nations when recognizing the role of organized crime in political suppression. Nonetheless, this does not mean that these countries are completely free of political crime. In fact, organized crime has plagued North America for centuries. While it may not be as obvious on this continent compared to nations in the Middle East, the existence of such organizations has detrimental societal and economic effects. Most notable would be the presence of the Albanian mafia in North America—this group has strong connections between North American politicians and various mafia families. All governments in North America are well aware of the Albanian mafia and other organizations working in various sectors of society, but infrequently release any information to the public about them. Much of their work in combating such criminal groups is in the form of exceedingly specific policies that counter individual subjects, like focusing solely on money laundering or political corruption rather than examining and identifying the problem as a whole. Accordingly, delegates of this bloc should favour solutions tailored towards generalizing the topic. The UNTOC encompasses several facets of the issue— including economic, political, militaristic, and social measures which delegates may find helpful in combating organized crime. Above all, bloc members must acknowledge and understand the criminal networks in their countries that work closely with government officials (both foreign and national) to suppress votes and intimidate political opposition.
European Union (EU)
The member states of the European Union (EU) play a crucial role in fighting organized crime worldwide—the UNODC and EU are currently working on 41 ongoing projects around the world to combat organized crime, with the total financial contribution equating to approximately USD 300 million.48 Several guidelines adopted by the EU, such as the "Action Plan to Combat Organized Crime," focus efforts on improving efficiency between
46 Danny Mok, “Hong Kong Police Storm Traditional Triad Initiation Ceremony.” South China Morning Post, November 29, 2017, https://www.scmp.com/news/hong-kong/law-crime/article/2122020/hong-kong-police-storm-traditional-triad-initiation. 47 United Nations Office on Drugs and Crime, “Law Enforcement.” United Nations Office on Drugs and Crime, n.d., https://www.unodc.org/unodc/en/organized-crime/law-enforcement.html. 48 The United Nations Office on Drugs and Crime, “Projects.” Brussels Liaison Office, n.d., https://www.unodc.org/brussels/en/projects/projects.html
Vancouver Model United Nations 2021 12 member states in areas of communication and coordinated operations to capture individuals involved in criminal organizations. This should be acknowledged in all resolutions or ideas drafted by this bloc as it is what distinguishes European countries from others. Furthermore, taking into consideration that some of the most powerful criminal organizations in the world have origins in Europe, such as the Italian and Albanian Mafia, corruption within governments is inevitable as a result of strong political connections between countries. There are few reform efforts or investigations into organized crime found in European states. Accordingly, this bloc may find itself on the opposite side of others; instead of working to uphold international conventions, the European bloc’s focus should largely be in uncovering corrupt ties between governments and taking appropriate international action.
Latin America
Countries in Latin America are plagued by criminal groups. From leftist guerrillas in Colombia to militarized criminal organizations in Brazil and Guatemala, civilians’ and politicians’ lives are frequently dominated by extortion and kidnapping. In 2016, 17 of 20 countries in the world with the highest rates of homicide were found in Latin America.49 These rates of violence are closely associated with the burden of the presence of criminal organizations in these countries. The extent of these groups damages police forces, prison systems, and political institutions, which are regularly linked to criminal organizations. Many unions in Latin America are compromised and controlled by gang leaders that use their power to threaten those in political positions. Consequently, crime has risen to become a source of fear, entertainment, and opportunity for those seeking to exploit judicial systems. With this mind, delegates of this bloc must understand the extent of criminal groups and their influence on governments in their respective states. Little action can be taken by authorities due to their entanglement with criminal groups so delegates may favour a modest approach with little involvement from national political figures. Instead, this bloc may wish to continue upholding and enforcing international laws enacted by the UNSC or United Nations as a whole to improve overall political stability, peace, and security.
Middle East
There are considerable disparities in the levels of development and economic status among countries in the Middle East; the ongoing conflict between Israel and Palestine and instability in Iraq, Sudan, Syria, and Lebanon have further perpetuated the issue at hand.50 Several of these states in conflict have used militaristic criminal groups to target citizens and opposition members. Consequently, a lack of political stability and infrastructure has done little to improve the political climate. This bloc may favour ratifying international conventions concerning transnational national crime such as the UNTOC as a step towards improving overall governance, peace, and security.51 Nonetheless, delegates must take into consideration that responses from each nation can vary greatly due to different levels of effort put forth to adhere to all relevant mandates of UNODC; thus, the
49 Ivan Briscoe, David Keseberg, “Only Connect: the Survival and Spread of Organized Crime in Latin America.” Prism, February 26, 2019, https://cco.ndu.edu/News/Article/1767435/only-connect-the-survival-and-spread-of-organized-crime-in-latin-america/. 50 United Nations Office on Drugs and Crime, “Regional Overview.” Middle East and North Africa, n.d., https://www.unodc.org/middleeastandnorthafrica/en/overview/overview.html. 51 Ibid.
Vancouver Model United Nations 2021 13 need for a review mechanism in the UNTOC to assess each country’s performance in ratifying the convention is of utmost priority.
Asia
Various members of the most dangerous criminal organizations, like the triads of Greater China and Japanese Yakuza, have close ties with government officials and powerful businessmen across Asia.52 Many claim that criminal organizations with historic roots in Asian countries are some of the most violent—likely because of each group’s respective political ideologies. As such, it is crucial for delegates of the UNODC to understand that many of these criminal organization’s motives are both political and monetary. Thus, governments may use this to their advantage and pay them hefty sums to carry out their orders. Moreover, these groups rely on extensive networks of international associates and have been able to commercialize their activities to the extent that in some countries, they can almost be considered as businesses. Hence, the International Criminal Police Organization (INTERPOL) set up Project Asian Organized Crime (AOC) in Asia which brought together law enforcement agencies to combat these extensive networks found across several Asian countries that may extend into Europe. This bloc may favour the same approach as the European bloc; instead of working to uphold international conventions, their priorities should lie in uncovering illegal networks and working with the United Nations to effectively extradite and punish criminals.
Discussion Questions
1. What is your country’s stance on political organized crime? How has the role of organized crime in politics impacted your country?
2. What actions have your country taken to address this issue? Were they effective? Why or why not?
3. What are the advantages of eliminating organized crime? What are the disadvantages?
4. What tactics do different criminal organizations use to bribe or intimidate government officials?
5. Are there prominent criminal organizations in your country? If so, what are their motivations, whether political, financial or social?
6. Is your country’s economy dependent on the presence of criminal networks? If so, why?
7. Does your country’s government have a history of working with criminal organizations to achieve their political goals? Were they successful?
8. Has your country been consistently working to achieve goal 16 (ensuring strong institutions, peace, and justice) of the SDGs? If not, why?
52 FBI, “Transnational Organized Crime.” FBI, n.d., https://www.fbi.gov/investigate/organized- crime#:~:text=Middle%20Eastern%20transnational%20criminal%20organizations,trademark%20counterfeiting%20and%20sales %20of.
Vancouver Model United Nations 2021 14 Additional Resources Gangs and Gulags: How Vladimir Putin Utilizes Organized Crime to Power his Mafia State: https://bpr.berkeley.edu/2019/12/16/gangs-and-gulags-how-vladimir-putin-utilizes-organized-crime-to-power- his-mafia-state/.
Transnational Organized Crime: https://www.fbi.gov/investigate/organized- crime#:~:text=Middle%20Eastern%20transnational%20criminal%20organizations,trademark%20counterfeiti ng%20and%20sales%20of.
Organized Crime and Conflict in the Sahel-Sahara Region: https://carnegieendowment.org/2012/09/13/organized-crime-and-conflict-in-sahel-sahara-region-pub-49360.
UN Questions Mexican Army's Role in Drug War: https://www.csmonitor.com/World/Americas/2011/0401/UN-questions-Mexican-Army-s-role-in-drug-war.
History of La Cosa Nostra: https://www.fbi.gov/investigate/organized-crime/history-of-la-cosa-nostra.
Vancouver Model United Nations 2021 15 Bibliography
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Alesina, Alberto, Salvatore Piccolo, and Paolo Pinotti. “Organized Crime, Violence, and Politics.” Oxford University Press, July 27, 2018. https://academic.oup.com/restud/article/86/2/457/5060718.
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Vancouver Model United Nations 2021 16 Cattan, Nacha. “UN Questions Mexican Army's Role in Drug War.” The Christian Science Monitor, April 1, 2011. https://www.csmonitor.com/World/Americas/2011/0401/UN-questions-Mexican-Army-s-role-in- drug-war.
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Domit, Paula Soumaya. “The Role of Global Governance in Curtailing Mexican Cartel Violence.” E- International Relations, February 22, 2020. https://www.e-ir.info/2020/02/07/the-role-of-global- governance-in-curtailing-mexican-cartel-violence/.
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Editors of Encyclopaedia Britannica. “FARC.” Encyclopædia Britannica, inc., July 12, 2018. https://www.britannica.com/topic/FARC.
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FBI. “Organized Crime.” FBI, May 3, 2016. https://www.fbi.gov/investigate/organized-crime.
Felbab-Brown, Vanda. “Organized Criminals Won't Fade Away.” Brookings, July 28, 2016. https://www.brookings.edu/articles/organized-criminals-wont-fade-away/.
Filatova, Irina. “Russian Mafia Groups Reportedly Operate in Europe on Behalf of the Kremlin: DW: 27.04.2017.” Deutsche Welle, April 27, 2017. https://www.dw.com/en/russian-mafia-groups-reportedly- operate-in-europe-on-behalf-of-the-kremlin/a-38617828.
Flannery, Nathaniel Parish. “What Is The Most Powerful Criminal Group In Latin America?” Forbes Magazine, January 31, 2020. https://www.forbes.com/sites/nathanielparishflannery/2020/01/31/what-are-the-5-most- powerful-criminal-groups-in-latin-america/.
Vancouver Model United Nations 2021 17 Gary W. Loveman. “Does Privatization Serve the Public Interest?” Harvard Business School, August 1, 2014. https://hbr.org/1991/11/does-privatization-serve-the-public-interest.
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Vancouver Model United Nations 2021 18 McIlvenna-Davis, Dylan. “Gangs and Gulags: How Vladimir Putin Utilizes Organized Crime to Power his Mafia State.” Berkeley Political Review, December 16, 2019. https://bpr.berkeley.edu/2019/12/16/gangs-and- gulags-how-vladimir-putin-utilizes-organized-crime-to-power-his-mafia-state/.
Mok, Danny. “Hong Kong Police Storm Traditional Triad Initiation Ceremony.” South China Morning Post, November 29, 2017. https://www.scmp.com/news/hong-kong/law-crime/article/2122020/hong-kong- police-storm-traditional-triad-initiation.
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Onion, Amanda, Missy Sullivan, and Matt Mullen. “Origins of the Mafia.” A&E Television Networks, October 29, 2009. https://www.history.com/topics/crime/origins-of-the-mafia.
Onion, Amanda, Missy Sullivan, and Matt Mullen. “Prohibition in America.” A&E Television Networks, October 29, 2009. https://www.history.com/topics/roaring-twenties/prohibition.
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Vancouver Model United Nations 2021 19 Times of Malta. “Camorra Boss Was on Italy's Most Wanted List for Years.” Times of Malta, November 19, 2010. https://timesofmalta.com/articles/view/camorra-boss-was-on-italy-s-most-wanted-list-for- years.336867.
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Vancouver Model United Nations 2021 20 Decriminalization of Drugs
Overview
More than 10.3 million Americans were arrested in the United States in 2018—the highest number of arrests were for drug law violations.53 In contrast, only 6,000 individuals were arrested in Portugal that same year—a country that has virtually decriminalized the possession of all drugs for personal use. 54 The overwhelming majority of arrests in the United States were for drug possession only; since the drug war in the 1970s, drugs have been an integral part of mainstream culture as symbols of rebellion, political dissent, and societal change. People of colour and low socioeconomic status frequently fall victim to unjust laws surrounding drug use and possession, revealing discriminatory incarceration and marginalization issues.
The decriminalization of drugs refers to the removal of criminal penalties for drug law violations—this typically entails the possession and use of specific substances.55 By decriminalizing possession while investing in long term harm reduction strategies, countries can reduce the consequences of drug misuse. This concept is called harm reduction and offers significant benefits for public safety and health through means of reducing costs to keep inmates in prisons and redirecting resources from criminal systems to health systems.56 Roughly 24 countries have taken steps toward decriminalization in civil fines, drug education or drug treatments. Furthermore, delegates must strive to establish a fine line between decriminalization and legalization during debate, as both terms mean distinctly different things. As stated before, decriminalization is the act of removing criminal sanctions against drug use: penalties can range from civil fines to admittance to a rehabilitation centre. On the contrary, the legalization of specific drugs is the process of removing all legal prohibitions against it— any substances in question would then be available to the general population for purchase and use at will. 57 Conclusively, delegates must provide in-depth analysis for all facets of this topic to ensure the appropriate, just, and ethical decriminalization of drugs.
Timeline
1839-1842 — The First Opium War takes place between Britain and Qing China over illegal opium trade.
53 FBI, “Persons Arrested,” FBI, n.d., https://ucr.fbi.gov/crime-in-the-u.s/2013/crime-in-the-u.s.-2013/persons-arrested/persons- arrested. 54 Drug War Facts, “Portugal,” Drug War Facts, November 2020, https://www.drugwarfacts.org/region/portugal. 55 UNODC, “Approaches to Decriminalizing Drug Use & Possession,” UNODC, February 2015, https://www.unodc.org/documents/ungass2016/Contributions/Civil/DrugPolicyAlliance/DPA_Fact_Sheet_Approaches_to_Decri minalization_Feb2015_1.pdf. 56 Ibid. 57 Dragan M. Svrakic, “Legalization, Decriminalization & Medicinal Use of Cannabis: A Scientific and Public Health Perspective,” Missouri Medicine, March 2012, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6181739/#:~:text=Legalization%20of%20cannabis%20is%20the,all%20legal%20p rohibitions%20against%20it.&text=Decriminalization%20of%20cannabis%20means%20it,possession%20under%20a%20specified %20amount.
Vancouver Model United Nations 2021 21 February 9, 1909 — The Smoking Opium Exclusion Act is passed in the United States and bans the possession, importation, and use of opium for recreational use. The use of opium for medicinal purposes remains legal.
December 17, 1914 — The Harrison Act is passed by the U.S. Congress, which regulates and taxes the production, importation, and distribution of opiates and cocaine.58
October 1, 1937 — The Marihuana Act is passed and places a tax on the sale of cannabis and hemp in the United States.
March 30, 1961 — The Single Convention on Narcotic Drugs is signed by the United Nations and prohibits the production and supply of specific drugs—except for medicinal or research purposes.
February 21, 1971 — The Convention on Psychotropic Substances is enforced by the United Nations and is designed to control psychoactive substances such as amphetamine-type stimulants, barbiturates, benzodiazepines, and psychedelics.59
June 18, 1971 — American president Richard Nixon declares an official War on Drugs to reduce the illegal drug trade in the United States.
1980 — Drug trafficking is added to the Chinese legal code and mandates capital punishment for any individuals found guilty of the aforementioned crime.
December 20, 1988 — The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances is signed to combat drug trafficking. This treaty makes it mandatory for signatories to adopt appropriate measures to establish drug use and distribution as a criminal offence.
June 10, 1998 — The Political Declaration on the Guiding Principles of Drug Demand Reduction is adopted by the UN General Assembly to ensure a drug-free world by 2008.
2001 — Portugal becomes the first country in the world to decriminalize the possession of all drugs for personal use.60
2006 — The International Drug Policy Consortium (IDPC) is founded. It is a global network of over 170 non- governmental organizations (NGOs) that promote debate on drug policy at a national, regional, and international level.61
March 12, 2009 — The Political Declaration and Plan of Action is adopted by the UN General Assembly in response to the failure of the 1998 assembly.
58 History.com Editors, “War on Drugs - Timeline in America,” History, May 13, 2017, https://www.history.com/topics/crime/the- war-on-drugs 59 UNODC, “Convention on Psychotropic Substances, 1971,” UNODC, 1971, https://www.unodc.org/pdf/convention_1971_en.pdf. 60 Transform Drug Policy Foundation, “Drug Decriminalization in Portugal: setting the record straight,” Transform Drug Policy Foundation, n.d. https://transformdrugs.org/drug-decriminalisation-in-portugal-setting-the-record-straight/. 61 IDPC, “About,” IDPC, n.d., https://idpc.net/about.
Vancouver Model United Nations 2021 22 August 3, 2010 — The Fair Sentencing Act (FSA) is passed by US Congress, which reduces the disparity between crack and powder cocaine offences from 100:1 to 18:1.62
May 2018 — 12,000 people are arrested and more than 100 killed in an inhumane crackdown on drug users in Bangladesh.63
July 19, 2018 — Uruguay becomes the first country in the world to legalize the use of cannabis for recreational and medicinal purposes.
October 17, 2018 — Canada becomes the first nation in the Group of Seven (G7) to legalize the recreational use of cannabis.
Historical Analysis
Since time immemorial, humans have taken psychoactive drugs for a variety of reasons, but the current global War on Drugs only dates back to the mid-20th century. At that time, the addictive qualities of heroin and cocaine led the member states of the United Nations (UN) to conclude that action had to be taken if they were to preserve the overall quality of life.64 In 1961, member states adopted the United Nations Single Convention on Narcotic Drugs. This convention aimed to combat drug abuse by coordinated international action.65 Furthermore, it looked to limit the overall use, distribution, and cultivation of drugs except for scientific and medicinal purposes. The assumption at the time was that a drug-free world could only be achieved if those who produce, sell, or use specific drugs were severely punished. Unfortunately, a number of consequences that followed this convention were negative and left long-lasting impacts on society. Corruption in producer countries became widespread, the number of drug-related deaths reached near-pandemic levels, and there was an unforeseen accumulation of wealth by terrorists and criminals.66
The effect of drug prohibition in relation to consumption is a crucial topic to acknowledge when re-evaluating drug policies. A famous example of this would be the Opium Wars in 19th century China. Opium was first introduced to China by Turkish and Arab traders in the early 7th century and was used in limited quantities for pain relief until the 17th century, when addiction became endemic. By 1729, the Yongzheng Emperor prohibited the sale and smoking of opium; however, this failed to impede trade. In 1796, the Jiaqing Emperor outlawed the importation and cultivation of opium, but trade continued to flourish well into the late 19th century when its
62 History.com Editors, “War on Drugs,” History, May 31, 2017, https://www.history.com/topics/crime/the-war-on-drugs. 63 Claudia Stoicescu and Gideon Lasco, “Has the decade-old war on drugs in Asia succeeded?,” Al Jazeera, February 23, 2019, https://www.aljazeera.com/indepth/opinion/war-drugs-asia-succeeded-190218160811303.html. 64 UNODC, “The International Drug Control Conventions,“ UNODC, n.d., https://www.unodc.org/documents/commissions/CND/Int_Drug_Control_Conventions/Ebook/The_International_Drug_Contro l_Conventions_E.pdf. 65 UNODC, “Single Convention on Narcotic Drugs, 1961,” UNODC, n.d., https://www.unodc.org/unodc/en/treaties/single- convention.html#:~:text=Single%20Convention%20on%20Narcotic%20Drugs%2C%201961&text=This%20Convention%20aims %20to%20combat,and%20control%20that%20work%20together. 66 Molly Meacher, “Against the Stream: Drugs Policy Needs to be Turned on its Head,” Bulletin, April 2019, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6472310/.
Vancouver Model United Nations 2021 23 import was finally legalized by the end of the Second Opium War.67 As a consequence of the Second Opium War, the Qing dynasty's political power significantly weakened, and emigration from the country increased as citizens travelled overseas to escape China’s economic chaos. However, shortly after an influx of Chinese immigrants entering the United States, the American Congress imposed a tax on opium and morphine in the late 18th century in response to tabloids owned by William Randolph Hearst. These stories accused Chinese men of seducing white women with opium.68 At its heart, this was an anti-drug campaign specifically created to subject Chinese immigrants to discriminatory practices. This was only the first of many unjust laws designed to marginalize minority groups, resulting in disproportionate incarceration and unethical sentencing.
The War on Drugs declared by President Nixon in 1971 can partly be attributed to the United Nations Single Convention on Narcotic Drugs: this convention led to untold levels of conflict and corruption in producer countries and a spike in drug-related deaths due to its incarceratory approach.69 Due to this convention, drugs became a widespread symbol of youthful rebellion and social upheaval. As part of the War on Drugs initiative, Nixon substantially increased federal funding for drug-control agencies and proposed strict measures such as mandatory prison sentencing for drug-related crimes. Furthermore, many criticized Nixon for supposedly having ulterior motives besides improving public safety; Nixon's chief of domestic policy, John Ehrlichman, allegedly stated that “by getting the public to associate the hippies with marijuana and blacks with heroin [then] criminalizing both heavily, [the government] could disrupt those communities.”70 Consequently, the War on Drugs was simply one of many historical proceedings that discriminated against ethnic minorities and set a precedent for many attitudes towards drug use today.
Past UN/International Involvement
The Hague International Opium Convention of 1912
On January 23, 1912, the International Opium Convention was signed by representatives from China, France, Italy, Portugal, and Russia. This convention gained near-universal adherence nearly seven years later in 1919 when all countries signed the Treaty of Versailles after World War I; the number of ratifications increased significantly later on due to the rise of problematic substances such as cocaine and heroin.71 The League of Nations’ original intentions were to track and tighten security around the global opium trade dominated by the United Kingdom, but after the creation of the United Nations, the original convention was expanded to include the study of drug-related medical and social problems.72 The mere ideas of decriminalization and legalization
67 The Editors of Encyclopedia Britannica, “Opium Trade,” Britannica, n.d., https://www.britannica.com/topic/opium-trade. 68 PBS, “Opium Throughout History,” PBS, n.d., https://www.pbs.org/wgbh/pages/frontline/shows/heroin/etc/history.html. 69 Molly Meacher, “Against the Stream: Drugs Policy Needs to be Turned on its Head.” 70 Alex Lockie, “Top Nixon adviser reveals the racist reason he started the 'war on drugs' decades ago,” Business Insider, July 31, 2019, https://www.businessinsider.com/nixon-adviser-ehrlichman-anti-left-anti-black-war-on-drugs-2019-7. 71 United Nations Office on Drugs and Crime, “The 1912 Hague International Opium Convention,” 2008, https://www.unodc.org/unodc/en/frontpage/the-1912-hague-international-opium-convention.html. 72 Ibid.
Vancouver Model United Nations 2021 24 were not entertained until the late 20th century after multiple failed UN treaties, which showed that incarceratory approaches were unproductive and wasted money and time.
UN Conventions of 1961, 1971, and 1988
In the span of three decades, the UN adopted three international treaties that were mutually supportive and complementary: the Single Convention on Narcotic Drugs in 1961; the Convention on Psychotropic Substances in 1971; and the Convention against Illicit Traffic in Narcotic Drugs and Psychoactive Substances in 1988.73
The Single Convention on Narcotic Drugs of 1961 aimed to combat drug abuse by coordinating international action while limiting the possession, use, production, and distribution of over 100 narcotics. 74 These drugs included primarily plant-based products such as opium, cannabis, and coca, as well as synthetic products like methadone and pethidine.75 This convention also included provisions on treatment and rehabilitation for drug use and addiction. Two of the most dangerous substances at that time—alcohol and tobacco—were excluded from the convention despite being rated well above cannabis and ecstasy with regards to their danger to an individual.76
Following the first convention in 1961 was the Psychotropics Convention of 1971. This strengthened international control in the production, distribution, and use of synthetic psychotropic substances (drugs that affect mental processes).77 This included amphetamines; depressants, including barbiturates; and hallucinogens, such as lysergic acid diethylamide (LSD).78 Before this convention, psychotropic substances could be purchased over-the-counter—without a prescription—and were unfortunately a popular method of suicide. Consequently, the Psychotropics Convention of 1971 set an essential precedent for controlling the international recreational use distribution of psychotropic drugs. Further measures such as investment into rehabilitation and drug education programs were also included as preventative measures.
The last convention, the Convention against Illicit Traffic in Narcotic Drugs and Psychoactive Substances of 1988, focused on the illicit distribution of drugs. Its goals were to improve domestic criminal legislation and international law enforcement. This treaty contained provisions on money laundering, the freezing of financial and commercial records, the extradition of drug traffickers, and pushed for increased monitoring of chemicals used in drug production.79 Overall, each treaty encourages UN member states to adopt penal provisions due to historical prohibitionist attitudes.
73 UNODC, “Treaties,” UNODC, n.d., https://www.unodc.org/unodc/en/treaties/index.html. 74 Jay Sinha, “The History and Development of the Leading Drug Control Conventions,” Library of Parliament, February 21, 2001, https://sencanada.ca/content/sen/committee/371/ille/library/history-e.htm. 75 Ibid. 76 Molly Meacher, “Against the Stream: Drugs Policy Needs to be Turned on its Head,” Bulletin, April 2019, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6472310/. 77 World Health Organization, “Psychoactive Substances,” World Health Organization, n.d., https://www.who.int/substance_abuse/terminology/psychoactive_substances/en/. 78 Jay Sinha, “The History and Development of the Leading Drug Control Conventions,” Library of Parliament, February 21, 2001, https://sencanada.ca/content/sen/committee/371/ille/library/history-e.htm. 79 Ibid.
Vancouver Model United Nations 2021 25 Political Declaration on the Guiding Principles of Drug Demand Reduction (1998)
The Political Declaration on the Guiding Principles of Drug Demand Reduction was ground-breaking in the global fight against drugs when it was adopted on June 10, 1998, by the UN. It was designed with international cooperation in mind as its main goals were to effectively control deliveries and transactions while ensuring the impartial extradition of drug traffickers. The most important initiative from this convention was the United Nations’ pledge to ensure that the world was drug-free by 2008. However, in two decades, the UN realized that the world was far from meeting this goal; the failure of the 1998 assembly resulted in the waste of money and time in pursuing the initial plan to have a drug-free world. A report was later published revealing that if the UN continued down this path, it would cost taxpayers around the globe approximately USD 100 billion a year, which is roughly the same amount spent on foreign aid.80
Political Declaration and Plan of Action (2009)
This declaration was adopted in response to the failure of the 1998 assembly. It included measures to further enhance international cooperation by identifying problem areas requiring concentrated efforts by 2019. Once again, the plan resulted in failure and led to more drug abuse and violence, according to the International Drug Policy Consortium (IDPC).81 The consortium asked the UN General Assembly to reconsider their approach during a summit ten years after the current strategy was implemented, arguing that the global War on Drugs did not hurt the global drug market but instead affected community development, healthcare, human rights, and security.82 After the failure of this action plan, the ideas of decriminalization and legalization began to take form after the international community saw the impacts of drug decriminalization in Portugal. With this in mind, delegates must fully comprehend that all existing UN treaties surrounding drug control and trafficking—such as the UN Conventions of 1961, 1971, and 1988—contradict international efforts to decriminalize or legalize drugs. The Convention against Illicit Traffic in Narcotic Drugs and Psychoactive Substances of 1988 explicitly requires all of the UN’s member states to “criminalize almost all forms of marijuana activity [while] exercising law enforcement measures [...] to deter the commission of such offenses.”83 There are prominent contradictions between international treaty requirements and legalization; hence, member states must reassess said treaties in the coming years if they are to decriminalize or legalize drugs.
80 Jamie Doward, “The UN’s war on drugs is a failure. Is it time for a new approach?” The Guardian, April 2, 2016, https://www.theguardian.com/world/2016/apr/02/un-war-on-drugs-failure-prohibition-united-nations. 81 IDPC, “Taking stock: A decade of drug policy - A civil society shadow report,” IDPC, October 21, 2018, https://idpc.net/publications/2018/10/taking-stock-a-decade-of-drug-policy-a-civil-society-shadow-report. 82 Jelter Meers, “Report: UN’s War on Drugs has Been a Failure,” OCCRP, October 22, 2018, https://www.occrp.org/en/daily/8776- report-un-s-war-on-drugs-has-been-a-failure. 83 Tom Firestone “Legalization vs. International Drug Treaties: Is the STATES Act the Answer?” Global Cannabis Compliance Blog, April 30, 2019, https://globalcannabiscompliance.bakermckenzie.com/2019/04/30/legalization-vs-international-drug-treaties-is- the-states-act-the-answer/.
Vancouver Model United Nations 2021 26 Current Situation
The United Nations’ drug strategy in the past 50 years has always ended in failure. From the 1998 assembly to the numerous declarations adopted to replace past failures, it is clear that an international re-evaluation of drug policy is necessary. The lack of success in the current War on Drugs can generally be attributed to the course of action that world superpowers took to address the issue when it became widespread in the early 1900s. When confronted with the repercussions of drug addiction and abuse, many nations focused solely on attempting to stem the flow of drugs into their territories. By doing so, they became powerful producer countries who shifted the cost and burden of drug control to Asian and Latin American nations. Many producer countries’ prohibitionist attitudes stimulated the rapid development of the illicit drug economy in developing nations due to the little economic or military power available to these nations to enforce drug policies. These actions have sparked violent conflict and dangerously loose regulations around drug production that many countries continue to experience to this day.
Drug Violence
From black markets to wars over territory, drug violence has plagued countries around the world for decades. Most notably, the Mexican Drug War is an on-going conflict between the Mexican government and drug cartels to curb the trafficking of illegal substances such as cocaine, heroin, and methamphetamine into the U.S.84 These cartels also produce and smuggle marijuana, but the recent legalization and decriminalization of this substance has led trafficking organizations to return their focus to the aforementioned drugs. At the beginning of the war, former Mexican President Felipe Calderon took extreme measures to eliminate cartels, including killing drug lords to dismantle trafficking organizations. This strategy was unsuccessful because Calderon’s tactic resulted in the creation of almost 80 smaller, more violent drug gangs.85 Despite his successors focusing more on reducing violence against civilians than targeting gang leaders, homicide rates in Mexico continued to rise from 2006—as many 80,000 people died in a span of a decade.86
A crucial element in the Mexican Drug War is the killing of civilians to spread terror and fear by both drug cartels and the government. For instance, 43 student protestors disappeared without a trace in 2014; it was later revealed that they were abducted under orders from the mayor of Iguala, Guerrero, Mexico, and handed over to a local gang, who in turn killed them.87 This incident sparked mass demonstrations in Mexico as the issue of human rights became further exacerbated across a variety of similar cases. Ultimately, numerous critics have repeatedly asserted that decriminalization or legalization is the only solution to the Mexican Drug War. Without the demand for illegal drugs, such as the ones at the core of the ongoing conflict, there would not be the need for an illegal drug supply from Mexico into the U.S. Countries beyond Mexico could greatly benefit from the
84 Brianna Lee, Danielle Renwick, and Rocio Cara Labrador, “Mexico’s Drug War,” CFR, October 22, 2019, https://www.cfr.org/backgrounder/mexicos-drug-war. 85 The Guardian, “Mexico’s Drug War on cartels made drug crisis worse, says new government,” The Guardian, December 19, 2012, https://www.theguardian.com/world/2012/dec/19/mexico-government-condemns-calderon-war-drugs. 86 German Lopez, “The war on drugs, explained,” Vox, May 8, 2016, https://www.vox.com/2016/5/8/18089368/war-on-drugs- marijuana-cocaine-heroin-meth. 87 Brianna Lee, Danielle Renwick, and Rocio Cara Labrador, “Mexico’s Drug War,” CFR, October 22, 2019, https://www.cfr.org/backgrounder/mexicos-drug-war.
Vancouver Model United Nations 2021 27 legalization or decriminalization of drugs, as legal frameworks surrounding these substances could provide doctors with an opportunity to educate consumers while reducing any further health risks from unsupervised or unmoderated use. Vicente Fox, the former President of Mexico, supported this idea throughout his presidency by emphasizing that distributors’ activities should be legitimized to prevent them from turning to alternative illegal methods (hence, the smuggling of drugs across U.S. and Mexican borders). Fox went on to state that decriminalization or legalization could “change the entire picture” since drug users would not have to buy drugs from the black market; instead, they could go to legitimate pharmacies and buy the products they want with the assistance of a doctor who can provide guidelines for consumption in moderation.88
Discriminatory Incarceration
Discriminatory laws that target specific minority groups have existed for decades across the world. A worthwhile situation to analyze would be the American Anti-Drug Abuse Act which requires mandatory minimum prison sentences for certain drug offences.89 The law carried discriminatory ramifications because it mandated longer prison sentences for offences involving the same amount of crack cocaine compared to powder cocaine. The sentencing disparity was 100 to 1, meaning that while five grams of crack cocaine would entail a five-year minimum sentence, 500 grams of powder cocaine would be required to merit the same sentence.90,91 The former was used almost exclusively by African Americans as it was significantly cheaper but essentially had no differences in its chemical composition compared to powder cocaine. Thus, African Americans received far harsher sentencing than White Americans. Even beyond the apparent impacts of the Anti-Drug Abuse Act in the United States, the global War on Drugs declared by the UN “has disproportionately targeted people of African descent,” as stated by the UN Working Group of Experts on People of African Descent.92 Despite positive intentions, UN conventions like the Political Declaration on the Guiding Principles of Drug Demand Reduction and the Action Plan of 2009 carried heavy racial implications that justified authorities’ excessive surveillance and marginalization of different ethnic groups across the world. Drug decriminalization could remove or mitigate existing penalties, consequently reducing jail costs and redirect focus towards harm reduction methods.
Substance Use Disorders
Understanding the difference between substance abuse and addiction is vital in effectively addressing the issue. Many use both terms interchangeably but in reality, people addicted to substances and people who abuse them are very different. Typically, substance abuse is treatable, and most people still have control over their lives. On the contrary, addiction is classified as a neurological disease that affects all aspects of a person’s life.93 Despite the
88 Elliot Smith, “Legalization of Drugs is the Way to Combat Cartels, former Mexican President Says,” CNBC, October 22, 2019, https://www.cnbc.com/2019/10/22/vicente-fox-legalizing-drugs-is-the-way-to-combat-cartels.html. 89 History.com Editors, “War on Drugs - Timeline.” 90 Drug Policy Alliance, “What is the difference between cocaine and crack?” Drug Policy Alliance, n.d., https://www.drugpolicy.org/drug-facts/cocaine/difference-crack. 91 History.com Editors, “War on Drugs - Timeline.” 92 United Nations, “Drug laws must be amended to ‘combat racial discrimination’, UN experts say,” United Nations, March 14, 2019, https://news.un.org/en/story/2019/03/1034721. 93 Bradford Health Services, “Substance Abuse vs Addiction,” Bradford Health Services, n.d., https://bradfordhealth.com/substance-abuse-vs-addiction/.
Vancouver Model United Nations 2021 28 negative effects the latter has, addiction can still be treated through rehabilitation programs and social support; thus, countries where addiction is punished with criminal sanctions only further exacerbates the problem.
When most people are arrested for drug law violations, they are faced with criminal penalties that generally include jail time depending on a country’s sentencing minimum and a fine of up to a global average of USD 5,000 if found guilty for the possession or use of Schedule I drugs (marijuana, heroin, LSD, ecstasy, and magic mushrooms). 94, 95 Serving jail time creates a negative cycle in that forced withdrawal intensifies an inmate’s cravings. These individuals must learn relapse prevention techniques, especially those who may have been abstinent only due to incarceration.96 More pressing are the statistics for overdoses after inmates are released from prisons. A study conducted in North Carolina found that inmates are 42 times more likely to die from an overdose in the two weeks after their release.97 The Massachusetts Department of Public Health came to similar conclusions in 2017 when it was revealed that the “overdose death rate [was] 120 times higher [among] those recently released from incarceration compared to the rest of the [general] population.”98 These findings can generally be attributed to the lack of accessible treatment programs before, during, and after incarceration; thus, decriminalization can seamlessly mitigate the negative effects of substance use disorders. The harms associated with criminal sanctions for mere drug possession bring long-lasting damage to drug users and society alike.
Case Study: Portugal
Virtually all drugs were decriminalized in Portugal in 2001 under the government; however, this does not mean that drug use is legal. The cultivation, distribution, and use of controlled substances remains illegal but all cases of drug possession and use are handled as public health problems rather than criminal activity.99 Any individuals with substance use disorders are immediately referred to counsellors, psychologists, and social workers and those found to be dependent on drugs are not forced into treatment programs. As a whole, the initial aims of the Portuguese Commission for the Dissuasion of Drug Addiction in 2001 were to encourage voluntary admittance into treatment centres.
Now, almost two decades after the decriminalization process, the Portuguese government and politicians around the world have seen several long-term benefits within this concept. In the years leading up to the reform, the rates of HIV/AIDS, tuberculosis, and hepatitis B or C reached levels Portugal had never seen before. After
94 Pittsburgh Drug Lawyers, “Schedule I & II Drugs,” Criminal Defense Attorneys, n.d., https://www.pittsburghcriminalattorney.com/drug-crimes/schedule-i-ii-drugs/. 95 German Lopez, “The federal drug scheduling system, explained,” Vox, August 11, 2016, https://www.vox.com/2014/9/25/6842187/drug-schedule-list-marijuana. 96 Pyramid Healthcare, “Addiction Treatment or Punishment: Which Works Best Long-Term?,” Pyramid Healthcare, April 10, 2017, https://www.pyramidhealthcarepa.com/addiction-treatment-or-punishment-which-works-best-long-term/ 97 Maddy Troilo, “We know how to prevent opioid overdose deaths for people leaving prison. So why are prisons doing nothing?,” Prison Policy Initiative, December 7, 2018, https://www.prisonpolicy.org/blog/2018/12/07/opioids/. 98 Ibid. 99 Foundations Recovery Network, “Pros and Cons of Decriminalizing Drug Addiction,” Foundations Recovery Network, April 23, 2018, https://www.foundationsrecoverynetwork.com/pros-and-cons-of-decriminalizing-drug-addiction/#decriminalization-vs- legalization.
Vancouver Model United Nations 2021 29 decriminalization, funds that were normally focused on punitive measures were reallocated to prevention programs, addiction treatment, and federal courts were freed up for more pressing cases besides drug law violations.100 The positive outcomes of this were that HIV infections and substance misuse disorders were cut in half, those in rehabilitation were able to reintegrate themselves back into society, instances of drug trafficking violence fell significantly, and public perception of drug use changed considerably.101 However, there was a large influx of addicts into the legal system following the decriminalization of drugs in Portugal; there were many individuals who had biological predispositions towards drugs and did not fear severe legal prosecution. As a result, there was an initial lack of treatment resources, leading the system to be unable to adequately address the immediate needs of people seeking help.
Possible Solutions and Controversies
Drug Policy Reform
Current drug policies, at an international and national level, require genuine revision. Many of these laws are based on prohibition and lack focus on preserving public health and safety. At best, these policies only include provisions on treatment for addiction and rehabilitation. Moreover, the concept of prohibition and its respective laws have been proven to be counterproductive in several international situations, such as the Mexican Drug War and Canadian fentanyl crisis, in that it fuels trafficking and drug overdoses instead of preventing them. With this in mind, the next era of reforms should be health-oriented to be more cost-effective and humane, as stated by the Global Initiative for Drug Policy Reform. 102 This organization’s goals include supporting the national redistribution of resources away from prohibition [and towards] healthcare, education, and rehabilitation; reducing human costs, violence, and corruption fuelled by illicit drug trade; and [discussing] new policy options that [can] address the complex problems [of] drug use and illegal markets.103 At an international level, this approach centred around harm reduction and education could significantly improve the issue of substance abuse, trafficking, and drug violence while maintaining public health and safety.
Public Health Intervention Programs
In cases where decriminalization is not viable due perhaps to a lack of specific resources or weak governance, policymakers should focus more on preserving public safety and health instead of incarceration. This solution can neatly complement drug policy reform in that all models of decriminalization or reform should include measures to protect public health and promote the social protection of drug users. As outlined in a document drafted by a commission under the United Nations Office on Drugs and Crime (UNODC), eliminating stigma and prejudice towards individuals with substance use disorders is of utmost priority to promote a balanced shift
100 Foundations Recovery Network, “Pros and Cons of Decriminalizing Drug Addiction." 101 Ibid. 102 Beckley Foundation, “Global Initiative for Drug Reform,” Beckley Foundation, n.d., https://www.beckleyfoundation.org/policy/global-initiative-for-drug-policy-reform/. 103 Ibid.
Vancouver Model United Nations 2021 30 from “exclusion and blame towards support and compassion.”104 This entails transforming detention centres into rehabilitation facilities, setting up safe injection sites, providing shelters to those impacted by drug addiction, and integrating intervention and prevention programs into academic curricula.
Safe injection sites are popular in nations where overdoses from intravenous drug use are widespread—there are approximately 100 sites around the world, mainly in Europe, Canada, and Australia where policymakers have shifted their focus to harm-reduction. 105 These sites are equipped with medical staff who are trained to administer an overdose antidote in the case of such an event. Furthermore, the staff are instructed to provide drug users with safer injection methods and information about drug treatment. A review in 2014 revealed that safe injection sites promoted safer environments to administer drugs, reduced the overall number of overdoses, and minimized HIV transmission.106 These sites were also associated with less outdoor drug use and did not have any negative impacts on drug-related crime.107 However, the use of such methods remains controversial, as some claim that supervised injection sites “encourage drug use and bring crime to surrounding communities.”108
Defelonization
This solution can be seen as a step towards decriminalization in that it reduces the consequences of felonies to misdemeanours; penalties could include up to 6 months in prison or a maximum fine of USD 1,000.109 However, delegates must acknowledge that defelonization cannot be the only solution as it does not completely remove all criminal penalties for drug law violations. In essence, it still criminalizes the use of drugs and does not truly benefit users’ health and safety. Nonetheless, the outcomes of this approach are still beneficial. The state of California in the U.S. defelonized six classifications of nonviolent drug offenses via Proposition 47 in 2014 and considerably reduced the prison population.110 This development of defelonization has only been recorded in California and in the first year that Proposition 47 was enacted, the prison population dropped by more than 25,000 inmates. 111 As a result, money that was usually spent on detention centres and overcrowding was successfully relocated to providing essential services, with about USD 1 billion being invested into public schools and convict rehabilitation programs.112
104 Nora D. Volkrow, “Drug use disorders: impact of a public health rather than a criminal justice approach,” World Psychiatry, May 12, 2017, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5428163/. 105 Elana Gordon, “What's The Evidence That Supervised Drug Injection Sites Save Lives?,” NPR, September 7, 2018, https://www.npr.org/sections/health-shots/2018/09/07/645609248/whats-the-evidence-that-supervised-drug-injection-sites-save- lives. 106 Ibid. 107 Ibid. 108 Ibid. 109 Drug Policy Alliance, “Drug Decriminalization,” Drug Policy Alliance, n.d., https://www.drugpolicy.org/issues/drug- decriminalization. 110 Johnny Magdaleno, “California Just Became the First State to Defelonize Drug Use,” Vice, November 5, 2014, https://www.vice.com/en_us/article/mv54wn/california-just-became-the-first-state-to-de-felonize-drug-use-1105. 111 Mia Bird, Sonya Tafoya, Ryken Grattet, and Viet Nguyen, “How Has Proposition 47 Affected California’s Jail Population?” PPIC, March 2016, https://www.ppic.org/content/pubs/report/R_316MB3R.pdf. 112 Johnny Magdaleno, “California Just Became the First State to Defelonize Drug Use,” Vice, November 5, 2014, https://www.vice.com/en_us/article/mv54wn/california-just-became-the-first-state-to-de-felonize-drug-use-1105.
Vancouver Model United Nations 2021 31 Bloc Positions
North America
The decriminalization of marijuana for recreational and medicinal purposes has taken North America by storm in the last decade. Marijuana has been legalized by the federal government in Canada and decriminalized in 15 American states as of 2019.113 This was largely in response to issues that negatively affected public health, such as the overdose crisis and general racial inequality in drug laws. The harms associated with criminal sanctions for small-scale drug possession and use bring permanent damage to drug users and society alike. With this in mind, delegates of this bloc may favour continuing their country’s commitment to redirecting their focus away from punitive measures and towards efforts that uphold public safety. Many leading countries in North America, such as Canada and the United States, have staged numerous public health intervention programs in the areas of drug education in academic curricula and providing resources to those whose lives were disrupted by substance abuse. Resolutions and ideas proposed by countries in the North American bloc should be well- rounded, covering immediate intervention programs to long-term solutions—like the further decriminalization or defelonization of hard drugs for regulated, recreational use.
Latin America
The prevalence of HIV/AIDS in Latin American countries is of paramount importance. Many users who inject drugs intravenously—meaning they directly inject substances into their veins using a needle or tube—frequently share syringes.114 More often than not, an individual with a transmittable disease unknowingly infects hundreds when they share needles. This is not due to a lack of syringes or similar materials but a tradition, because many see sharing needles as a way to form bonds in tight-knit communities. Consequently, Colombia, Paraguay, and Peru have decriminalized small-scale possession of controlled substances in an effort to redirect funding to public health initiatives.115 However, there is potential for division within this bloc. Many countries’ individuals rely upon smuggled drugs or illicit drug production to make a living. If delegates were to suggest decriminalization, this would entail reducing the demand for illicit substances; thus, leaving communities without jobs. Countries of the Latin American bloc must take heed of the social, economic, and political consequences if decriminalization is implemented.
Europe
Drug policies in Europe are, without a doubt, some of the most effective in reducing illicit drug use. A number of European countries like Germany, Russia, Switzerland, Spain, and Italy have decriminalized drug use and have seen astounding results: drug addiction, overdoses, and drug-related HIV transmission have decreased
113 German Lopez, 15 states have decriminalized — but not legalized — marijuana,” Vox, July 10, 2019, https://www.vox.com/identities/2018/8/20/17938358/marijuana-legalization-decriminalization-states-map 114 Healthline, “About Intravenous Medication Administration: What to know,” Healthline, n.d., https://www.healthline.com/health/intravenous-medication-administration-what-to-know 115 Steve Rolles and Miamh Eastwood, “Drug Decriminalisation Policies in Practice: What You Need to Know,” IDPC, “n.d., http://fileserver.idpc.net/library/Drug-decriminalisation-policies-in-practice.pdf
Vancouver Model United Nations 2021 32 significantly in a span of 20 years. 116 Moreover, there was no significant increase in drug use from decriminalization, which contradicts the argument that decriminalization would only inflate drug use and crime. This is unique to European countries in that the socioeconomic status of nations, such as Germany and Switzerland, have given rise to well-established health programs aimed at educating individuals from a young age about drug use. European healthcare systems often contain sufficient resources to help people seeking help for addiction and even offer programs to reintegrate addicts back into society by providing accommodation, loans, and education. Countries of the European bloc may favour a different approach from others. Seeing as many nations have already taken a rehabilitative approach, the European focus should be to act as leaders in reforming and reassessing global drug policies. Portugal and Germany are excellent examples in evaluating the impacts of decriminalization and public health interventions—the results and knowledge gained from the aforementioned policies can be used to the UNODC's advantage to further resolve the issue at hand.
Asia
The attitudes of several Asian countries towards drugs are heavily influenced by thousands of years of tradition and values. Those in Asia emphasize an individual’s responsibilities within larger social structures; hence, drug users and traffickers are seen as threats to social order and stability.117 Several laws severely punish smugglers, including foreigners. In China, anyone found with more than 50 grams of a controlled substance can face the death penalty. 118 As such, current methods to control the distribution and use of drugs in Asia are overwhelmingly criminalizing for those dependent on such substances and hold crippling consequences for their families and communities. Brunei, Malaysia, and Singapore allow public whipping, lashing, or flogging of people accused of drug use, including children.119 Instead of being offered treatment or counselling, suspected drug users are frequently imprisoned without evidence of drug use or access to an attorney. Delegates of this bloc may favour a different approach than others; instead of working to restructure drug policies or focus on rehabilitative measures, their priorities should start in reflecting on why many Asian countries maintain harsh penalties for drug use. Often, these may be deep-rooted historical issues or societal stigmas. Solutions and ideas proposed by this bloc will vary greatly from others due to a drastic difference in perceptions of drug use.
Africa
Africa is a hub for international drug trafficking and the creation of new psychoactive substances. Several policies currently in place were created with prohibitionist attitudes and despite being largely in favour for the complete eradication of drugs, several countries have taken new, divided approaches. National structures such as those in South Africa and Egypt have adopted guidelines suggested by the UN but have begun retracting these reforms
116 Naina Bajekal, “Want to Win the War on Drugs? Portugal Might Have the Answer,” Time, August 1, 2018, https://time.com/longform/portugal-drug-use-decriminalization/. 117 Stephen Harner, “Asia Says 'No' To Drugs And Means It, An Example For The Libertine West,” Forbes Magazine, February 25, 2015, https://www.forbes.com/sites/stephenharner/2015/02/25/asia-says-no-to-drugs-and-means-it-an-example-for-the-libertine- west/#6277a12a4070. 118 Yong Xiyong and Ben Westcott, “Beijing says US legalization of marijuana is a “threat to China,” CNN, June 17, 2019, https://www.cnn.com/2019/06/17/asia/china-us-marijuana-smuggling-intl-hnk/index.html. 119 Claudia Stoicescu and Gideon Lasco, “Has the decade-old war on drugs in Asia succeeded?” Aljazeera, February 23, 2019, https://www.aljazeera.com/indepth/opinion/war-drugs-asia-succeeded-190218160811303.html.
Vancouver Model United Nations 2021 33 for unknown reasons; these countries even reverted to an earlier, exceedingly punitive perspective influenced by the global War on Drugs. Altogether, African countries’ systems are neither aligned or in support of the national and international disposition towards drugs.120 Countries of this bloc will likely be dark horses—there is no defining consensus for African nations when faced with the issue of decriminalization. Delegates in this bloc may simply favour law and order when advocating for their own beliefs and views, depending on the situation in their country.
Discussion Questions
1. Does your country offer treatment programs for problem drug users? Are they effective? If not, why?
2. What are some important cases that have set new precedents for decriminalization in your country? Why?
3. What are some national and international factors that have limited the United Nations' efforts at addressing drug-related issues? Why?
4. How might a country’s economic and political capabilities limit its ability to implement guidelines adopted by the United Nations? Why?
5. How can the UNODC develop more accessible ways for individuals to acquire treatment?
6. How might the decriminalization of all drugs impact a nation’s economy which depends solely upon the illicit drug trade?
7. To what extent should countries restrict the use of drugs? Which ones, and why?
8. Decriminalizing drugs relies heavily on the shifting public opinion towards drug use—how can countries change that?
9. If all countries are able to decriminalize drugs, should they also legalize them? Why or why not?
10. Some experts claim that a world free of illicit drug trade and problem use is ultimately impossible. Assuming this claim is true, to what extent should the international community address this issue?
Additional Resources Asia Says ‘No’ to Drugs and Means It, An Example for the Libertine West: https://www.forbes.com/sites/stephenharner/2015/02/25/asia-says-no-to-drugs-and-means-it-an-example-for- the-libertine-west/?sh=41efba4e2a40.
Criminal Violence in Mexico: https://www.cfr.org/global-conflict-tracker/conflict/criminal-violence-mexico.
120 Jason Eligh, “The Evolution of Illicit Drug Markets and Drug Policy in Africa,” ENACT, June 2019, http://fileserver.idpc.net/library/2019-06-30-continental-report-3.pdf.
Vancouver Model United Nations 2021 34
How Portugal Ended Its War on Drugs: https://youtu.be/lba9nkK-DDY.
How Has Proposition 47 Affected California’s Jail Population? https://www.ppic.org/content/pubs/report/R_316MB3R.pdf.
The Federal Drug Scheduling System, Explained: https://www.vox.com/2014/9/25/6842187/drug-schedule-list-marijuana.
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