COUNCIL OF Brussels, 13 January 2009 (19.01) THE EUROPEAN UNION (OR. es)
5281/09
CORDROGUE 7 AMLAT 1
NOTE from: Spanish regional Chair of the Dublin Group to: Dublin Group Subject : Regional report on South America
The aim of this report is to present the South America regional group's analysis of the drug problem in 2007, to highlight the main foreign aid requirements identified by the region's national authorities and to forward to the Central Dublin Group the recommendations made by the relevant mini Dublin groups.
Information from the mini Dublin groups for Argentina, Bolivia, Brazil, Colombia, Chile, Ecuador, Paraguay, Peru, Uruguay and Venezuela is given below:
5281/09 hip/GBK/ck 1 DG H 3A EN 1. ARGENTINA
GENERAL SITUATION
Argentina is starting to have the profile of a drug-producing country, especially with regard to synthetic drugs and cocaine derivatives like "paco". Drug trafficking activity in Argentina has increased, one of the reasons being displacement caused by stepping up the fight against drug trafficking in Colombia through the Colombia Plan. Growing use is made of Argentine ports for drug trafficking activities, with novel methods of concealment (in frozen fish, for example). Attention should be drawn to the presence of foreign (Mexican, Colombian and Venezuelan) drug trafficking groups and the increase in drug trafficking using couriers, postal services and express delivery services. Control over drug trafficking must be improved by increasing the number of surveillance radars and improving the quality of drug trafficking data at national level.
Cooperation between the Dublin Group countries and the Argentine police forces functions very well. The possibility has been raised of the EU promoting cooperation projects if the rise in drug trafficking in Argentina is confirmed. Finally, social programmes must be geared to tackling problems resulting from the consumption of drugs like "paco".
PRODUCTION AND TRAFFICKING
Argentina has changed from a country where drugs (mainly cocaine) from Peru, Colombia and Bolivia were in transit to the United States and Europe to also being increasingly a producing and exporting country.
As a result of the increased checks in Bolivia on the chemical precursors used to transform coca leaves into cocaine hydrochloride, many clandestine cocaine purification laboratories have moved to Argentina and to the conurbation of Buenos Aires in particular.
5281/09 hip/GBK/ck 2 DG H 3A EN The strategy of the traffickers of predominantly Colombian and Bolivian origin is to finish processing the basic paste in clandestine laboratories and to export 80 or 90 % of this drug which is as pure as possible to countries with the greatest purchasing power where this type of drug can best be sold, such as Europe and the United States.
In addition, laboratories for producing synthetic drugs have been set up more recently, controlled by Mexican cartels. Price differences have increased since ephedrine became a regulated substance in Mexico (it costs between 2000 and 3000 pesos per kilo in Argentina as against 10 000 dollars in Mexico), with the result that Argentina's imports of ephedrine increased from five tonnes in 2006 to 24 tonnes in 2008, turning Argentina into the world's third largest importer of this chemical substance.
Although the Argentine government has continued to claim that Argentina is only a transit country for drugs, after the social concern caused by a bloody settling of scores in August 2008 on the outskirts of Buenos Aires between drug traffickers involved in ephedrine trafficking, the Minister for the Interior has admitted some concern about the presence of Mexican drug traffickers on Argentine territory in connection with ephedrine trafficking. The measures taken by the Argentine executive body include the banning in September 2008 of the importation by pharmacies of ephedrine and pseudoephedrine in order to prevent those substances from being used to produce illegal drugs. Importation will be restricted to laboratories producing medicinal products and checks by the Ministry of Health and the Ministry of Justice will be stepped up. However, the Argentine government blocked a bill in the Chamber of Deputies which qualified the diversion of chemical precursors used to produce narcotics as a criminal offence, on the grounds that it was unconstitutional.
CONSUMPTION
Argentina is the second largest consumer of cocaine in South America (approximately 640 000 users in 2006). In relative terms, the results of the household survey in 2006 suggest that Argentina has the highest annual rate of cocaine use in South America (2,6 % of the population between 12 and 65 years of age) and the second highest in the Americas after the United States (3 % of the population between 15 and 64 years of age in 2006). In the period 1999-2006, the annual prevalence ratio rose from 1,9 % to 2,6 %.
5281/09 hip/GBK/ck 3 DG H 3A EN Moreover, in the last few years consumption of "paco" (basic cocaine paste) has increased exponentially among the most underprivileged socio-economic groups, creating a large-scale social problem. Even so, its consumption remains very marginal in comparison with other drugs (0,5 % of the Argentine population admits to using "paco", which makes it the seventh drug consumed in Argentina).
In 2006, Argentina seized 67 tonnes of marihuana originating in Paraguay, mainly in the provinces of Corrientes and Misiones, in which production centres are also being detected. A survey carried out in Argentina showed an even greater trend in the annual prevalence ratio of cannabis consumption, which rose from 1,9 % of the population between 16 and 64 years of age in 2004 to 6,9 % of the population in 2006 – reversing a previous downward trend. Cannabis consumption has now reached levels similar to those reported in Central and Western European countries.
INSTITUTIONAL FRAMEWORK
The official national data do not give the full picture of drug trafficking in Argentina. Recently, as ordered by the Ministry of Justice, Security and Human Rights, a central register for the seizure of dangerous drugs was set up, situated within the Federal Police Superintendency of Dangerous Drugs, where it will receive and process any information produced concerning police action on the subject, irrespective of the police force which carries out the operation.
In any case, according to sources from the Department of Drug Trafficking of the Directorate-General of Customs, cocaine seizures trebled from 2005 to 2007, which shows a considerable increase in drug trafficking activities in Argentina that can be explained inter alia by displacement of drug trafficking to the south of the continent as a result of the tougher anti-drug policy under the Colombia Plan.
Policies to suppress drug trafficking in Argentina require better coordination between the provinces and federal forces to combat drug traffickers. Border control should also be improved. Argentina has 12 745 km of borders and it is estimated that only 9 % of the territory is under radar surveillance, unlike Brazil where 95 % of its territory is under radar surveillance.
5281/09 hip/GBK/ck 4 DG H 3A EN Argentina has counted 750 illegal border crossing points with Bolivia and 60 with Paraguay. In this connection, it should be remembered that the plan for electronic surveillance of Argentine airspace has been delayed, which enables aeroplanes and light aircraft to enter Argentine territory with cargoes of drugs or smuggled weapons using clandestine runways, with little risk of being detected.
As already indicated in the 2007 report, although the framework of Argentine criminal law is sufficiently complete in penalising offences connected with drug trafficking, there have not hitherto been any convictions for money laundering. Argentina has had legislation to combat money laundering since 2000.
INTERNATIONAL COOPERATION
Argentina has ratified the United Nations Single Convention on Narcotic Drugs (1961), as amended by the 1972 Protocol; the United Nations Convention on Psychotropic Substances (1971); and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988).
By Decree No 1339/96, Argentina adopted the Anti-Drug Strategy in the Hemisphere approved by the Inter-American Drug Abuse Control Commission at its Twentieth Regular Session held in Buenos Aires in October 1996.
Within the Mercosur framework, Agreements on Mutual Legal Assistance in Criminal matters between the States parties, extradition Agreements and a Protocol on the transfer of persons subject to special arrangements, which provide a harmonised legislative framework for cooperation, prevention and elaboration of common criminal law policies to combat drug trafficking and the laundering of assets of illicit origin, are still in force. As a particularly innovative initiative, at the regional bloc's next summit to be held in December 2008, Brazil (which holds the Presidency of Mercosur) has decided to table a proposal to create a regional anti-drug strategy, whose members will include both Mercosur and Associated States, aiming among other things at increasing police cooperation.
5281/09 hip/GBK/ck 5 DG H 3A EN Moreover, on the occasion of the visit of the Mexican President Felipe Calderón in November 2008, following the increase in activity by members of Mexican cartels in this country, Argentina and Mexico will sign a Memorandum of Understanding concerning organised and transnational crime, including drugs, money laundering and the diversion of chemical precursors.
In a bilateral framework, a Memorandum of Understanding between Spain and Argentina was signed in February 2007 by the Ministers for the Interior and public prosecutor's offices of both countries concerning offences requiring complex investigations, organised transnational crime (drugs, money laundering and diversion of chemical precursors) and related offences.
Finally, the Bolivian government's decision to suspend the activities of the United States Drug Enforcement Administration (DEA) in that country causes concern that it may lead to a considerable increase in coca cultivation and cocaine production and weaken the fight against drug trafficking in that Andean country, which could result in a greater quantity of cocaine from Bolivia entering Argentina.
5281/09 hip/GBK/ck 6 DG H 3A EN 2. BOLIVIA
GENERAL SITUATION
Bolivia is the world's third largest coca producer after Colombia and Peru, with 10 % of potential world cocaine production. The total farm-gate value of coca leaf production is equivalent to 2,4 % of Bolivia's GDP. The current levels of coca leaf production are still significantly below historic peaks.
PRODUCTION
The report under the UNODC's Illicit Crop Monitoring Programme, accepted by the Bolivian authorities, indicates that the current area under coca cultivation in Bolivia amounts to 28 900 ha and that in 2007 the area increased by 5 %. The yield surveys carried out by the UNODC in 2006 reveal 104 tonnes of potential cocaine production in Bolivia, an increase of 10 % on the previous year. The production potential is higher according to other yield surveys which take account of the introduction of new techniques in clandestine laboratories.
The two main coca leaf cultivation areas are: the Yungas of La Paz (19 800 ha – 69 % of the area) and Chapare/Cochabamba Tropics (30 % of the cultivation area). Cultivation in natural parks seems to have decreased considerably (-21 %). The areas where cultivation increased most in 2007 were the Municipality of La Asunta in the Yungas and Carrasco in Chapare.
INSTITUTIONAL FRAMEWORK
National law (Law 1008 of 1998) allows cultivation of 12 000 ha for traditional purposes. That area is situated in the Yungas and has been extended twice, in 2004 by an agreement between the government and coca farmers in Chapare and again in 2008 by another agreement between the government and coca farmers in the Yungas.
5281/09 hip/GBK/ck 7 DG H 3A EN The area currently tolerated by the Bolivian authorities amounts to 20 000 ha, the rest being considered illegal and intended for producing illicit substances. In the Chapare region, cultivation of a "cato" (0,16 ha) by each member of the coca farmers' unions is tolerated.
Production from legal crops is marketed through the market controlled by the National Directorate of Coca Leaf Control and Industrialisation (DIGCOIN), although marketing opportunities and sales outlets have increased. In 2007 legal coca leaf trade reached 17 200 tonnes. The study on legal demand for coca leaf and legal derivatives, financed by the EU, is still awaited.
The Bolivian government's policy as regards the growing of coca leaves is based on respect for traditional uses and customs, voluntary rationalisation of crops and agreements with/self-control by producers; it emphasises the difference between legal and traditional uses and illegal crops and products. This policy is encapsulated in the slogan "zero cocain, not zero coca". The government strategy rules out the use of force in eradicating crops, supports the nationalisation of actions to combat drug trafficking and promotes the concept of shared responsibility between producer and consumer countries. Coca plantations are illegal in the national parks, where eradication policies remain in force.
In 2007, 6 269 ha of coca crops were "rationalised" (the Bolivian government prefers the term "rationalisation" to "eradication"). Up to 1 November 2008, 5 000 ha had been rationalised. In both cases, the most significant rationalisations were concentrated in El Chapare. The eradication of seedbeds in 2007 amounted to 7,5 ha, a substantial increase of 30 % on 2006, making it difficult to replant in the areas rationalised and thereby increase plantations. In any event, Bolivia does not permit the use of chemical spraying in either region; crops must be destroyed manually.
DRUG TRAFFICKING
The strengthening of the Special Coca Leaf Control Group (GECC) enabled 1 706 tonnes of coca leaves to be seized in 2007, an increase of 27 % on previous years. The Special Anti-Drug-Trafficking Force (FELCN) seized 14,91 tonnes of basic cocaine paste, 2,92 tonnes of cocaine hydrochloride and 423,77 tonnes of cannabis.
5281/09 hip/GBK/ck 8 DG H 3A EN These seizures represent an increase of 16 % in the case of cocaine paste and over 100 % in the case of cocaine hydrochloride. A trend emerged in 2007 whereby Bolivia became an important drug-trafficking area for cocaine produced in Peru, and this has continued in 2008. There were also significant seizures of precursors (apparently from Argentina) and cannabis (apparently from Paraguay), underlining the role of Bolivia as a transit territory for drugs and precursors. Between January and September 2008, the FELCN seized 14,40 tonnes of coca paste, 5,91 tonnes of cocaine hydrochloride and 1 112,45 tonnes of cannabis.
INTERNATIONAL COOPERATION
In September 2008 the US withdrew certification from Bolivia as a country which cooperates in the international fight against drug trafficking. Moreover, a chain of events have led to a serious deterioration in relations between the US and Bolivia, in particular the suspension of the activities of USAID, the Peace Corps and the DEA in El Chapare and other regions. The suspension of the DEA's activities throughout Bolivian territory is alarming, particularly in view of its financial and technical contributions to the fight against drug trafficking, especially in the area of police intelligence to combat large-scale trafficking.
The Bolivian government has launched an initiative to offset the loss of US cooperation in the fight against drugs trafficking, through the support of third countries, particularly EU Member States, neighbouring UNASUR and MERCOSUR countries and Russia.
In the course of 2007 and 2008, no progress has been made in the study on the legal uses of coca in Bolivia, a project which receives financial support from the EU. It has not yet been possible to launch the survey on the legal demand for coca.
The cooperation programmes involving members of the mini Dublin group are as follows:
Denmark Alternative development: Total 2008-2011, USD 200 000; 2008, USD 80 000.
5281/09 hip/GBK/ck 9 DG H 3A EN Local economic development: Total 2005-2010, USD 15,4 million; 2008, USD 4 million. Fight against corruption: Total 2005-2008, USD 2 million; 2008, USD 610 000.
Spain Agro-industrial development project in the Cochabamba Tropics: Total 1998-2009 = USD 2 750 000. Prevention: EUR 1,3 million. Various specialised training courses for the police, judiciary, healthcare personnel and other departments of the Bolivian administration.
European Union Support for the fight against drug trafficking: Total 2007-2013, EUR 58,5 million; 2008, EUR 36 million Alternative development: Total 2008-2011, EUR 26 million; 2008, EUR 3 million Alternative development: Total 2005-2011, EUR 13 million; 2008, EUR 2 million Social control: Total 2008-2012, EUR 10 million; 2008, EUR 500 000 Integrated Coca Leaf Study: Total 2008-2009, EUR 1 million; 2008, EUR 500 000
UNODC
UNODC's programme of activities in Bolivia for 2008 is valued at USD 1,6835 million, of which 49,9 % is earmarked for alternative development, 32 % for risk and threat analysis, 11,7 for prevention, 3,3 % for the prevention of corruption and 3,1 % for the fight against trafficking in human beings. The main sources of finance within the mini Dublin group for current UNODC activities are the US (55,6 %), Spain (13,8 %), the United Kingdom (9,4 %), France (7,2 %), Sweden (6,3 %) and Austria (3,6 %).
RECOMMENDATIONS
1.- It is necessary in the present circumstances to reorganise international efforts in the fight against drug trafficking in Bolivia.
5281/09 hip/GBK/ck 10 DG H 3A EN 2.- The fight against drug trafficking should be on the agenda for bilateral relations between Bolivia and the EU, and between Bolivia and the members of the Dublin Group.
3.- Promote a regional vision of the problem which addresses issues such as cross-border trafficking in illegal substances and the existence of cross-border criminal organisations, and the need for greater cooperation and coordination of the policies and resources for combating drug trafficking in the region.
4.- Provide support to the Bolivian institutions responsible for combating drug trafficking, particularly the FELCN. Strengthen their material and technical capacities, particularly in areas such as intelligence, investigation and the gathering of evidence. Also support and strengthen border-control mechanisms, especially in relation to issues such as drug trafficking and organised crime.
5.- Provide support to the Bolivian administration in improving the Bolivian legal system in areas such as the interception of communications, gathering of evidence which is valid in the courts, money laundering, corruption and recovery of assets, witness protection and undercover agents.
6.- Strengthen the Bolivian justice administration, focusing on issues such as serious crimes and the fight against organised crime.
7.- Identify current bottlenecks within the internal Bolivian administration and in terms of international coordination and cooperation mechanisms, in order to advance towards an integrated global strategy for combating drug trafficking which enables the different aspects of the problem to be tackled.
8.- Provide support to the UNODC and its national office in La Paz, as a multilateral specialised technical support and analysis instrument for addressing the different aspects of the phenomenon.
5281/09 hip/GBK/ck 11 DG H 3A EN 3. BRAZIL
GENERAL SITUATION
As explained in previous reports, Brazil is not generally speaking a producer of illegal drugs, but is rather a transit and consumer country. Marijuana is grown illegally in Brazil. Its strategic situation, with its extensive borders with the main cocaine-producing countries, and the possibilities of access to Europe from the northeast of the country have made Brazil an important transit country for drug trafficking to Europe from the Andean countries.
Drug use is on the increase in Brazil and is regarded as a serious social problem by the authorities. Although marijuana is the most widely consumed drug in Brazil, it also has the third highest number of cocaine-users after the United States and Spain. The use of heroin and synthetic drugs, particularly ecstasy, is on the rise.
A National Drugs Policy covering illegal drugs and also the abuse of alcohol, tobacco, medicines and solvents was approved in May 2005. An integrated drugs law was approved in August 2006, with the aim of resolving the difficulties identified as regards a lack of coordination between the various public bodies involved in the fight against drugs in Brazil and improving the efficiency of the limited resources assigned to law enforcement, prevention and treatment policies, by coordinating and integrating the actions of the administration and of civil society. Brazil has also ratified the main international instruments in this field.
5281/09 hip/GBK/ck 12 DG H 3A EN DRUG TRAFFICKING
Overland routes are used by drug traffickers operating out of Paraguay, Peru, Colombia and Bolivia, while most drug trafficking out of Brazil takes place by sea (around 90 %). The quantity of drugs leaving the country by air is far lower than that transported by sea, although there are more seizures at airports. The Federal Police has also detected an increase in small quantities of cocaine sent to Europe by post, which means that this is a trafficking route to be taken into account.
According to the Federal Police, the trafficking of drugs through Brazil is on the increase, as are seizures. The UNODC estimates that 80-90 tonnes of cocaine enter Brazil each year, around 60 % of which is channelled to Europe through Portugal, Spain and (increasingly) Africa, while the rest (around 35-40 tonnes) remains in Brazil or Africa for consumption. The Federal Police have detected an increase in cocaine trafficking from Bolivia, with the cocaine being consumed mainly in Brazil. In general, the Brazilian authorities are concerned at the departure of DEA agents from Bolivia and consider that it will contribute to maintaining increased production and trafficking of Bolivian cocaine.
In recent years there has been an increase in the trafficking of synthetic drugs, particularly ecstasy. Brazil does not itself produce ecstasy, which comes from Europe, mostly from the Netherlands and Belgium. Seizures of ecstasy rose twenty-fold in 2007. There was a 50 % decrease in the first 10 months of 2008 as compared with 2007, but a 1 000 % increase with respect to 2006.
To improve the effectiveness of measures to counter drug trafficking, intelligence units are being centralised by sector within the security forces: drugs in general, financial offences, arms trafficking, etc. Moreover, diplomatic representations in Paraguay, Argentina and Colombia have police attachés. According to the Federal Police, its clampdown on chemical precursors has been very effective, and hardly any illegal drug laboratories have been found in recent times.
5281/09 hip/GBK/ck 13 DG H 3A EN PRODUCTION AND CONSUMPTION
Brazil has significant production of "maconha" (marijuana) in the north-eastern region which is used for internal consumption, supplying approximately 30 % of national demand. In indigenous areas, there is small-scale cocaine production exclusively for local populations, while "crack" is also produced from cocaine for sale in urban centres.
Based on the available data, Brazil is a country with average consumption, though the trend is upwards. The last national population survey (2005, published in 2006) revealed that, of the population between 12 and 65 years of age, 12,3 % were alcohol-dependent, 10,1 % were addicted to tobacco and 1,2 % to marijuana. According to the survey, 2,9 % of the population had consumed cocaine at least once in their life, while 0,7 % used it at least once a year, and 0,39 % once a month. 70 % of the marijuana consumed in Brazil comes from Paraguay. Most of the cocaine consumed in Brazil is from Bolivia and, to a lesser extent, from Colombia. Brazil has the highest level of consumption of heroin and other opiates in Latin America, with over 60 000 consumers between 12 and 65 years of age. There has been an increase in the consumption of synthetic drugs, mainly ecstasy, which are smuggled in from Europe.
The UNODC office in Brazil considers that there has been a significant and sustained rise in drug use in Brazil over the last ten years. More specifically, there has been an increase in the consumption of cocaine and synthetic drugs, while the size of the population between 15 and 24 years of age makes it an attractive market for traffickers.
The institutional and financial infrastructure is insufficient to respond to the country's needs as regards the treatment and rehabilitation of drug addicts. There are 1 400 private and community-based therapeutic institutions which provide treatment to drug addicts, and 90 % of them could not survive without the very limited public financing they receive. The nearly 140 CAPS-AD (psychosocial care/ alcohol and drugs centres) are insufficient to treat all those with drug problems.
5281/09 hip/GBK/ck 14 DG H 3A EN INSTITUTIONAL FRAMEWORK
Drugs Law 11.343 of 23 August 2006 established the National Anti-Drugs System (SISNAD), introducing measures to prevent the illicit use of drugs and regulations to curb illicit production and trafficking of drugs. It classified the financing of drug trafficking as a crime, introduced severer penalties for traffickers and replaced prison sentences for drug users with community work.
SISNAD organises and coordinates activities relating to the prevention of consumption and the social reintegration of drugs-users, as well as the repression of illicit production and trafficking of drugs. Within SISNAD, and in accordance with Decree 5.912 of September 2006 implementing the Drugs Law, the National Anti-Drugs Secretariat (SENAD) is responsible for structuring, integrating and coordinating demand-reduction measures. Under the Decree, the Federal Police are responsible for drug-supply reduction measures.
SENAD manages the programmes of the National Drugs Policy, which has three levels: diagnosis, training and strategy.
Diagnosis of the drugs phenomenon is carried out through surveys and past series thereof to identify consumption trends and the impact of the measures implemented. In 2001 and in 2005, the first and second National Household Surveys on Drug Use were carried out and revealed the seriousness of the problem of drug and alcohol abuse. The third National Household Survey is expected to be concluded in 2010, although the authorities are aware that the use of drugs has risen in the meantime and that the 2005 data are out of date. Sectoral surveys have also been carried out among students, street children, indigenous populations, etc. In the next two years, it is planned to carry out the first survey of drug use among university students, the first on drug use in the workplace and the sixth survey on drug use among secondary school students.
5281/09 hip/GBK/ck 15 DG H 3A EN SENAD makes considerable efforts to train social actors. We would highlight the training schemes for teachers in the public network: by the end of 2008 over 50 000 teachers had attended courses. Particular attention was also devoted to public health system employers and municipal social workers, and in 2009 the first training course will be held for religious leaders, the objective being to train 5 000 people of different creeds.
SENAD is also implementing a number of strategic projects relating to drugs: setting up a network of university researchers with Portugal's assistance, providing information for the public on drugs via a call system run with the collaboration of the United States, the objective being to have a 24/7 helpline, restructuring of the Brazilian Observatory for Information on Drugs and working with the State and municipal administration to reinforce SISNAD.
INTERNATIONAL COOPERATION
The agreement on combating crime and controlling narcotics signed by the United States and Brazil came into force in August 2008. It provides for programmes such as police training and the supply of equipment and involves US aid amounting to nearly 5,5 million dollars a year.
In the course of 2008, a total of seven members of the Federal Police took part in three regional seminars on combating drugs organised by Spain. In December, the Federal Police Academy, in cooperation with the Federal Police, organised a seminar on the investigation of synthetic drugs and human couriers at airports.
The United Kingdom ran anti-drug trafficking courses with the Federal Police on identifying suspect air cargo and passengers, suspect containers, monitoring and customs checking of boats. The United Kingdom helped the Federal Police set up a special group in the port of Santos to identify suspect containers and vessels. It is cooperating in the establishment of two similar teams in the ports of Salvador and Suave which are, however, still awaiting an internal agreement between the Federal Police and Customs.
5281/09 hip/GBK/ck 16 DG H 3A EN The European Commission is financing a project on the cocaine route to Europe transiting through West Africa in which Brazil intends to take part.
It should also be noted that many number of the countries belonging to the Dublin Group are engaged in intense and fruitful cooperation with the Brazilian authorities through their embassies, police attachés and central authorities.
RECOMMENDATIONS
1. In general, the Dublin Group in Brazil suggests increasing the number of cooperation projects and maintaining them over time. The Brazilian authorities make no secret of the fact that they are short of resources to set projects in motion which are regarded as strategic and in some cases have an international dimension. On the other hand, they consider that their methodology and technical preparatory work are on track.
2. Cooperating with SENAD on the old project to prepare a national survey of drug consumption among the prison population, in which the University of Bahía and the Ministry of Justice would also take part.
3. Evaluating the possibility of three-way cooperation with Brazil and one of the producer countries in the region. Cooperation could also be sought from Brazil to work with West African countries which are a transit point on the drug route between Brazil and Europe.
4. Operational cooperation with the Federal Police should be increased, bearing mind that action closer to the place of origin of the drugs tends to produce better results.
5. At the request of the UN Office on Drugs and Crime (UNODC), the mini-group considers it appropriate to support the plan to strengthen the Federal Police in the areas of organised crime and drug production and trafficking which is to begin in January 2009.
5281/09 hip/GBK/ck 17 DG H 3A EN 4. CHILE
GENERAL SITUATION
Chile has no particular drug problem and is not a producer of narcotic plants although some precursors may be produced in industry. The number of drug-related arrests has increased and it is also the common perception that illegal drug consumption is increasing.
PRODUCTION AND TRAFFICKING
Although production is very low at the moment, some coca and marihuana crops have been discovered. The mountainous landscape is a conducive factor as there are hidden valleys difficult to locate from the air. For the moment, such production is very small but it is causing concern to the government.
As in previous reports, we would point out that Chile's long borders with producer countries mean that drug transit to Europe and North America has increased considerably, as has drug money-laundering. The owners of an exchange firm were recently arrested.
The 68 % increase in the number of arrests between 2007 and 2008 suggests that trafficking may be on the increase.
CONSUMPTION
There are two innovations to report: firstly, the recent discovery that there is significant drug-trafficking in schools and, secondly, the campaign launched by the State at national level to counter the widely held notion that marihuana does not produce any effects or have tragic consequences. That campaign has attracted praise but there are also criticisms questioning whether the messages disseminated have reached all those targeted.
5281/09 hip/GBK/ck 18 DG H 3A EN INSTITUTIONAL FRAMEWORK
The National Narcotics Control Council (CONACE) coordinates government action on drugs.
The 2003-2008 national strategy is in force and is awaiting evaluation so that a new strategy can be prepared.
Both Law 20 000 on techniques and procedures to counter drug trafficking and consumption and Circular 3 351 obliging banks and financial institutions to report possible attempted money laundering are still in force.
In 2006 a bill came before Congress on the establishment of a Public Security Ministry which would bring together all the bodies involved with drug addiction, but it has not yet been passed.
INTERNATIONAL COOPERATION
It is worth drawing attention to the likely importance of the revised antinarcotics cooperation agreement signed by the US Drug Enforcement Agency (DEA) and the Chilean Ministry of the Interior and amending the agreement which has been in force since 20 July 2001. The objectives are to support institutional capacity in the fight against drugs, analyse trends, carry out full investigations and train and equip the Chilean agencies responsible for countering drug trafficking. It sets up a northern border antinarcotics intelligence group (GIAF) which will act as an agency between the two countries to develop intelligence in the fight against drugs. The agreement brings an annual contribution of 100 000 dollars to be used to support and maintain a naval force to the north of Chile since there has been a significant increase in drug trafficking in that area, particularly cocaine paste and cocaine hydrochloride coming from Bolivia. By the end of 2009 GIAF should be fully equipped to analyse and investigate complex situations. The outcome of the project will be measured by the number of investigations and arrests.
5281/09 hip/GBK/ck 19 DG H 3A EN The Director of the DEA in Chile states that the fundamental objective of the new agreement is to pass on information to the various departments involved in the antinarcotics policy such as the criminal investigation officers, the police, the Directorate-General of the Maritime Territory and Merchant Navy, the national customs service and the Gendarmerie. He considers that there is a land threat on the Chilean border with Peru and Bolivia, increased by the demining operations which have "increased the number of unauthorised crossing points on those borders". At a score of Chile's sea ports it is clear that drug mafias take advantage of the "softness of the Chilean ports" in order to move drugs to Europe and the United States by container. Chile's indented coastline offers opportunities for bringing in containers of drugs via creeks rarely, if ever, checked by land or sea inspection services, so that it would be useful to promote training on detection systems for drug trafficking by sea.
5281/09 hip/GBK/ck 20 DG H 3A EN 5. COLOMBIA
GENERAL SITUATION
At present, Colombia continues to be the world's major coca producer, accounting for upwards of 60 % of world production.
In 2007 the average area under coca increased by 27 % over 2006, bringing the total to 99 000 hectares. That means an increase of 21 000 hectares. According to UNODC, the quantity of coca produced in 2007 remained stable at around 600 tonnes, by comparison with 610 in 2006; that is due to the lower yield of the plants and the ongoing measures to eliminate illicit cultivation and control chemical precursors.
The fall in productivity in 2007 is an achievement worthy of note: firstly it sets a limit on the volume of cocaine exported from Colombia this year to the world's markets and secondly it indicates that farmers are increasing the areas under coca in order to compensate for low yields, owing to the fact that the parcels of land under coca are more widely dispersed on account of government eradication measures. Parcels are becoming more and more widely separated and remote in response to State pressure in areas which had been traditional coca-growing areas and the undoubted success of the government campaign against illegal armed groups and drug traffickers.
Coca leaf and cocaine production is concentrated in ten municipalities (mainly in the Vichada, Nariño, Putumayo, Meta, Guaviare and Caquetá departments) which produce some 288 tonnes of coca and have some 35 000 hectares of land under coca. Most of the areas with the highest cultivation are under the influence of the FARC and other illegal armed groups.
We would also highlight the drop in the average size of the coca field, no doubt in order to avoid spraying from the air.
5281/09 hip/GBK/ck 21 DG H 3A EN Colombia is remarkable for the decisive action taken by the authorities to combat drug trafficking. Drug trafficking in Colombia covers all aspects: production, consumption, trafficking and money-laundering.
The policies to eradicate illicit crops, destroy laboratories, control ports and airports, dismantle drug cartels, etc., have made great demands on the Colombian authorities. The State has made enormous efforts to control the cocaine problem and considers that, according to the principle of shared responsibility, it would be very helpful if consumer countries were to redouble their efforts to reduce demand. At the same time, greater cooperation with the Andean countries would be needed to reduce the cocaine-trafficking trends which have become apparent in recent years.
The effort made by the Colombian congress in adopting laws to counter drug trafficking, by such measures as increasing the penalties, confiscating the proceeds of illicit activity and controlling money-laundering, requires international support in order to consolidate the results already obtained.
On the other hand, Colombia must increase its collaboration with neighbouring countries, particularly Venezuela, Brazil and Ecuador. Such collaboration remains inadequate, particularly since the political conflicts which occurred in 2008.
PRODUCTION
Since 2000, maps of illicit crops have been more accurate since the introduction of the Integrated Illicit Crop Monitoring System (SIMCI). It facilitates the analysis of trends and the setting of objectives for bodies responsible for eradication up which is, alongside spraying, the fundamental tool for countering drug production. The long-term success of the strategy requires active alternative development policies.
5281/09 hip/GBK/ck 22 DG H 3A EN Compulsory manual eradication increased in 2007, covering 66 805 hectares of coca, which represents an increase of 55 % on 2006 (43 501 hectares). The manual eradication strategy is under the responsibility of the Presidential Agency for Social Action and is carried out by Mobile Eradication Groups (GME) with the support of the Anti-Narcotics Police and the armed forces.
Under the spraying policy in 2007, a total of 153 105 hectares were sprayed as against 172 026 in 2006, a drop of 11 %. The highest aerial spraying figures this year were in the Nariño, Putumayo and Antioquia departments.
The Colombian government has also introduced alternative development policies which include the Productive Projects Programme and the Forest Warden Families Programme. Both of the integrated rural development programmes cover an area of 90 000 hectares and involve 50 000 rural families.
DRUG TRAFFICKING
The efforts made by the Colombian authorities involved in combating drug trafficking (national police, administrative security department, revenue service and the armed forces) are praiseworthy, particularly in the light of the major difficulties they encounter in their day-to-day activity.
According to the 2008 World Drug Report, in 2007 Colombia seized 161 tonnes of cocaine (basic cocaine and cocaine hydrochloride) whereas the figure for 2006 was 171 tonnes. In 2008 the figure had reached 164 tonnes by October.
Seizures of heroin in 2007 amounted to 537 kilograms, representing an increase of 21 % over the 2006 figure of 442 kilograms.
The number of laboratories dismantled dropped considerably, from 2270 in 2006 to 2095 in 2007.
5281/09 hip/GBK/ck 23 DG H 3A EN The trend in large-scale trafficking in narcotics is major demand in Europe and the United States, with the big cocaine "larder" established in West Africa, particularly in countries such as Guinea-Conakry, Senegal, Mauritania and Cape Verde, which are used as a shuttle service for European countries.
Drug trafficking to Europe takes place mainly via Venezuela, Brazil, Ecuador and the Caribbean.
Drugs are smuggled into the United States through Central America, the Pacific and the Caribbean. New consumption trends can be noted in Latin American countries.
Small-scale narcotic drug trafficking relies on couriers and postal service companies. Over two tonnes of drugs were seized at Colombian airports in 2007. The destinations of the seized drugs in percentage terms were approximately as follows: Europe 65 %, Central and South America 30 %, United States 4 % and Canada 1 %.
Europe is now undoubtedly one of the most attractive destinations not only for large but also for medium-sized trafficking networks, owing above all to the stringent checks established by the North American authorities both in the countries of origin and at the point of entry; furthermore, the "euro effect" has also encouraged the cartels to switch their sights to the old continent in order to achieve greater profits.
The modus operandi has changed in recent years, as regards not only ways of concealing the drugs but also the nationalities of the couriers; most of these are not Colombian, and the number of foreigners detained in Colombia has therefore risen substantially since 2004.
One of the explanations for the number of foreigners detained is the fact that criminal organisations prefer not to resort to Colombian nationals for two reasons: first of all Colombians have difficulty obtaining travel visas, and the second reason could be that foreigners are less likely to attract attention at border checks in any country outside Colombia.
5281/09 hip/GBK/ck 24 DG H 3A EN Synthetic drugs have not, to date, reached the levels that can be observed in the EU Member States and the United States; nonetheless, in recent years there has been an increase in trafficking of these substances, which come mainly from Europe according to the Colombian national police.
Trafficking in chemical precursors used for clandestine drugs manufacturing is another issue which must be taken into account. The consumer countries are usually those which supply these products, most of which come from the United States, Europe and China. The countries of origin should exercise stricter control over exports of products likely to be diverted for manufacturing illegal drugs, and the Colombian authorities should carry out more stringent supervision of the undertakings receiving such products in order to avoid them being diverted to the illegal market.
With respect to the fight against money laundering and the confiscation of assets, it is worth pointing out the major step forward taken with the adoption and entry into force of Laws 785/2002 and 793/2002, already mentioned previously, which govern the seizure of assets of drug traffickers and their administration by the Colombian State.
Colombia was assessed by GAFISUD in June 2008 with a view to gauging its level of compliance with the anti-laundering standards set by the FATF. The assessment reflects the steps the country has taken in this area, such as the establishment of the new Money Laundering and Financing of Terrorism Risk Management System (SARLAFT) in the financial sector (Decrees Nos 022 and 061 of 2007 and 026 of 2008, adopted by the Colombian Financial Supervisory Authority).
That achievement came about one year after the adoption of the legislation against the financing of terrorism (Law 1121/2006). One of the new challenges facing Colombia seems to concern the real (or non-financial) sector, which has not been given the same attention as the financial sector up to now.
The Colombian national police confiscated a total of 1 708 assets in 2007 while the – still temporary – figure for 2008 is 2 039, i.e. already a significant increase. The trend in these last years has been a steady increase.
5281/09 hip/GBK/ck 25 DG H 3A EN Although the fight against narcotic drug trafficking and money laundering has, generally speaking, yielded positive results and cooperation between the Colombian authorities and the countries of the Dublin Group is excellent, a greater degree of coordination between the various Colombian agencies involved in combating drug trafficking would be desirable.
DRUG CONSUMPTION
Demand is perhaps the most neglected aspect of the Colombian anti-drugs strategy. However, the Colombian government is to be commended for having undertaken in September a public survey on drug abuse whose results are expected in December. It is the first comprehensive and objective national study on that issue to be carried out in the last 12 years, and is being conducted with technical assistance from the United Nations Office on Drugs and Crime and the Inter-American Drug Abuse Control Commission (CICAD) of the Organisation of American States (OAS). The survey will be comparable with similar exercises carried out in other Latin American countries. Substantial progress can also be noted in decentralising drug prevention policies from the central government to the provincial drug control committees.
INSTITUTIONAL FRAMEWORK
The Colombia Plan and the National Plan for Alternative Development have created an appropriate institutional framework which has resulted in an increase in manual eradication, both forced and voluntary, of illicit crops, as well as growth in legal crops to replace coca leaves and opium poppy. With the support of the United Nations Office on Drugs and Crime, Colombia has set up an Integrated Illicit Crop Monitoring System (SIMCI), which is mapping illicit crops with sufficient rigour and accuracy despite the difficulties presented by the Colombian topography and weather (frequent cloud cover hinders the operation).
5281/09 hip/GBK/ck 26 DG H 3A EN Colombia has also strengthened its legislative institutional framework in recent years. The entry into force of Law 793/2002, which governs procedures for transferring ownership of seized drug-trafficking assets to the State, and Law 785/2002, which gives the National Narcotics Directorate (DNE) responsibility for administering such assets, has been a substantial step forward, even though management of the confiscated assets should be improved.
The Colombian government has established an efficient set of legal instruments for terminating ownership of assets illicitly acquired by drug traffickers, to the extent that various other Latin American countries have adopted or are examining similar legislative frameworks.
Drug consumption also remains a problem which must be addressed by the Colombian authorities. In this respect, the survey on drug consumption in Colombia – the first in 12 years – is a welcome development.
INTERNATIONAL COOPERATION
The mini Dublin group in Bogotá has pointed up a number of urgent needs in Colombia with respect to drug trafficking which should be met through international cooperation. These are as follows:
– Colombia needs capacity-building and training in the field of chemical precursors.
– Colombia needs assistance programmes for legislative improvement and consolidation of the criminal prosecution system currently being implemented in the country.
– External assistance with the investigation of drug trafficking networks and the use of undercover agents and informers is also required.
5281/09 hip/GBK/ck 27 DG H 3A EN – The Colombian authorities have asked the international community to conduct a study on the situation regarding synthetic drugs – which could emerge as an additional threat on the Colombian drug-trafficking scene in the future – drawing on Europe's experience of this problem among young people.
– Although cooperation between the Colombian prosecutors and police and the mini Dublin group is very good, cooperation between the various Colombian anti-drugs agencies should be improved. The joint capacity-building programmes could contribute to achieving that objective.
– The United States and the United Kingdom are financing the operating costs of police groups belonging to the Colombian anti-drug agencies. Other European countries could adopt similar measures.
– There are significant shortcomings as regards phone tapping; this clearly undermines the large number of investigations started by the various State entities responsible for combating criminal drug-trafficking organisations.
RECOMMENDATIONS
1. Maintain incentives for alternative crops.
2. Facilitate access of legal products to international markets through generalised systems of preferences and similar measures.
3. Encourage the Colombian government to keep up voluntary eradication programmes and increase the State's presence in the most affected areas through the implementation of social programmes to promote these areas' development.
4. Step up controls along the land and river corridors used for illicit trade. There is a particular and pressing need for increased security and controls in land border areas.
5281/09 hip/GBK/ck 28 DG H 3A EN 5. Increase passenger and cargo controls at airports, devoting particular attention to postal service companies. The United States' experience and operations are yielding very good results in this area.
6. Develop and facilitate the use of monitored delivery and undercover agent techniques.
7. Step up coordination between the various Colombian State agencies responsible for combating drug trafficking, and continue efforts to fight corruption.
8. Substantially increase supervision of the use of chemical precursors.
5281/09 hip/GBK/ck 29 DG H 3A EN 6. ECUADOR
GENERAL SITUATION
In geopolitical terms, Ecuador is located in a potential cultivation, production and consumption area as regards narcotic and psychotropic substances. However, Ecuador can currently be regarded as a country where illegal drugs are collected, stored and distributed across borders (sea, land and air), the most commonly used methods being maritime trafficking, couriers and postal packages; to this should be added internal distribution, trafficking in chemical precursors, small-scale illicit cultivation, the installation of drug-refining laboratories and other crimes related to drug trafficking such as money laundering, use of front men and other cross-border crimes.
The recent dispute with Colombia, during which diplomatic relations were broken off, is having an impact on drug trafficking in two respects: one positive – Ecuador has increased border controls, thereby curbing the activity of drug traffickers – and the other negative – there has been a substantial drop in the exchange of intelligence in this area with Colombia, in part offset by the information supplied by the United States.
Internal consumption of illegal drugs is continuing to rise, in particular as regards cocaine hydrochloride and designer drugs, according to the latest statistics observed in the country.
TRAFFICKING AND PRODUCTION
Maritime trafficking is the most common means of transferring large quantities of drugs, using ferries, speedboats and fishing vessels for transport and logistical supplies (fuel and food). The drug shipments originate from the coasts of southern Colombia, northern Peru and Ecuador. The routes followed begin off the Ecuadorian coast and cross various continental, island and international waters, covering approximately 2 200 nautical miles up to the Mexican and United States coasts. Seizures of cocaine hydrochloride and marijuana increased this year; conversely, there has been a drop in seizures of basic cocaine paste and heroin.
5281/09 hip/GBK/ck 30 DG H 3A EN Drug traffickers and networks linked to organised crime rely on couriers and postal services to transfer narcotic drugs by means of diverse – and in some cases innovative – concealment systems. The main destination is Europe, through Spain and the Netherlands.
As for chemical precursors, the porous nature of the northern and southern borders has allowed such substances to be smuggled in for laboratories, mainly along the northern border with Colombia (in the Esmeraldas Province by sea and the Sucumbios Province via rivers), but also – albeit to a lesser extent – along the southern border with Peru (in the El Oro Province).
There is still significant trafficking in petroleum ether from production sites (oil processing plants in the northern border area), although trafficking in acetone, cement, fuels and other products used for drug processing also takes place. Seizures of liquid precursors increased in 2008, while those of solid precursors decreased markedly.
Illicit cultivation of coca leaves, opium poppy and marijuana did not increase over the last year thanks to the efforts of the Ecuadorian forces: detected crops were manually eradicated. Nonetheless, Colombian growers continue to have an influence as regards attempts to use techniques involving seedbeds and concealment within licit crops (106 860 plants between January and July 2008).
Illegal production of basic cocaine paste has increased along both borders, using coca from existing plantations in the neighbouring areas. Laboratories are staffed mainly by local inhabitants.
Ecuador's economy is continuing to be used for laundering funds from drug trafficking and other forms of organised crime. The property sector in particular has been used for money laundering by persons linked to Colombian narcotic drug traffickers. The Financial Intelligence Unit is combating this phenomenon by providing the public prosecutor's office with information about unusual or unjustified financial operations and/or transactions.
5281/09 hip/GBK/ck 31 DG H 3A EN INSTITUTIONAL FRAMEWORK
The new Ecuadorian constitution, which entered into force in October 2008, opens up new prospects for the adoption of legislation which could contribute to improving instruments for combating organised crime and in particular drug trafficking and related crimes.
They include the proposed new Framework Law on the police and the Law on police careers, the preliminary draft of which has virtually been concluded, so that they will undoubtedly help bring about an organisational change in the national police force to make it a more efficient and coordinated institution and bring it into line with the current requirements of a modern, citizen-friendly police. This needs to be combined with a thorough-going reform of the public prosecution service and its interaction with the police. In particular, the anticipated integration of the National Anti-Drugs Directorate into the National Criminal Police Directorate will result in better and more extensive use of intelligence on organised crime groups.
The government of Ecuador seems determined to maintain a policy of zero tolerance towards the cultivation, processing and trafficking of narcotics, through concerted action by all the State bodies involved in the problems of combating of drug trafficking.
They are making significant efforts by increasing and maintaining permanent measures for the monitoring and surveillance of the border cordon with Colombia and Peru and strengthening, by improving equipment and allocating qualified personnel, the public force specially assigned to the combating of drugs trafficking and the financial intelligence unit against money laundering. We should also mention the implementation of maritime surveillance systems and the acquisition of unmanned aircraft and high-speed launches, and the installation of satellite monitoring devices in all small craft on the national register, enabling their route and position to be kept under surveillance, as measures to curb the trend towards illegal trafficking by sea.
Nevertheless, the progress achieved in effectiveness and coordination between judges, prosecutors, the CONSEP (National Council for the Control of Narcotic Drugs and Psychotropic Substances) and the national police remains inadequate.
5281/09 hip/GBK/ck 32 DG H 3A EN Compared with a definite improvement in efficiency in preventing the departure of drugs from Ecuadorian territory, no such trend can be observed for drugs entering the country. In particular, no significant advances seem to be occurring in the reduction of demand since drug use is continuing to increase despite projects such as "integrated drug abuse prevention in urban communities".
INTERNATIONAL COOPERATION
The cooperation being carried out by member countries of the Dublin Group in the Republic of Ecuador can be regarded as significant, especially in the area of training. The activities of the UNODC and the European Commission can be singled out in the multilateral sphere, and those of the United States, France, Spain, the United Kingdom, Germany and the Netherlands in the bilateral sphere.
Among the main projects the following should be mentioned:
"Support for the Andean Community in the area of synthetic drugs" – European Commission
"Cooperation and intelligence between State security forces against cocaine trafficking from Latin America to West Africa" – European Commission. This project has little impact in Ecuador, at least at present, as that route is little used by drug traffickers operating in the country.
"Integrated Drug Abuse Prevention in Urban Communities"
"UNODC/WCO Container Control Programme" (Ecuador segment)
"Facilitating the effective application of the rule of law in Ecuador"
In addition, numerous courses and seminars were held, throughout 2008, on subjects such as monitoring and surveillance techniques, maritime profiles (containers) and airport passenger profiling, synthetic drugs, precursors, narcoterrorism, money laundering intelligence, corruption, special operating units, organised crime, dog handlers and others.
5281/09 hip/GBK/ck 33 DG H 3A EN In the operational sphere, the collaborative processes conducted can be considered satisfactory, with exchanges of intelligence and joint operations successfully completed. Nevertheless, training in good governance and operational matters should be stepped up, focusing on needs and supporting the development of specific anti-drug groups.
RECOMMENDATIONS
1. Support Ecuador's efforts in its policy of maintaining zero tolerance towards the drugs problem, contributing both by financing the acquisition of technological control systems and by more specialised training for the public force tasked with combating drug trafficking.
2. Improve coordination between the member countries of the Dublin Group in their contributions and cooperation with the State of Ecuador, to avoid the duplication that renders them less effective. In the specific case of the EU the desirability of using Community funds for the organisation of seminars and courses, etc., might be examined, with such activities being conducted by specialists from member countries wishing to participate.
3. Contribute with advice to the legislative and organisational reforms being carried out and in prospect to ensure wider and better attainment of the proposed aims.
4. Urge Ecuador to exercise greater control over institutions and their components to minimise the cases of corruption that currently occur.
5. It is very important to convey to the government the need for it to intensify and improve anti-drugs awareness campaigns, via the CONSEP and in coordination with other ministries concerned, in an attempt to reduce demand, for instance by measures directed at family and neighbourhood associations, schools and other educational establishments.
5281/09 hip/GBK/ck 34 DG H 3A EN 7. PERU
GENERAL SITUATION
The traditional cultivation of the coca leaf is legal in Peru. In 2007 the area under cultivation increased by 4,5 %, from 51 400 ha in 2006 to 53 700 ha. The increase in the previous year was 7 %. Of the 2 300 additional hectares used for coca leaf production, 1 900 represent the addition of new crops to the production area and the remainder consist of existing plantations in areas recently included in the official monitoring system. Some 65 000 families are dependent on cultivation of the coca leaf.
This crop continues to be concentrated in the regions of Alto Huallaga, Apurimac-Ene, La Convención and Lares:
– Putumayo-Marañón: 1 065 ha – Alto Huallaga-Monzón: 17 217 ha – Aguaytía: 1 610 ha – Selva Central (Pachitea, Palcazu, Pichis): 1 148 ha. – Valle Ríos Apurimac and Ene (VRAE): 16 019 ha – La Convención-Lares: 12 894 ha – Iñambari-Tambopata: 2 864 ha – San Gabán: 465 ha – Alto Chicama: 400 ha.
In all these regions the monitored area under cultivation has increased, with the Selva Central region standing out, having gone up from 426 to 1 148 ha in the last year.
The national supply of dry leaf during 2007 was put at 116 800 tonnes, 2,36 % up on 2006. Demand for traditional use is put at just over 9 000 tonnes. The remainder (92 %) is for illicit use.
5281/09 hip/GBK/ck 35 DG H 3A EN The national coca enterprise (ENACO) is the only body authorised to market the coca leaf. Its management capacity is limited and it covers only a third of demand for traditional uses. The remainder is sold on the unofficial market, which pays producers higher prices.
In recent years all production areas have seen a fall in the prices paid for illegal dry coca leaves. While in 2005 the average was 2,9 dollars a kilo, in 2006 and 2007 it was 2,5 dollars a kilo. This decline was offset for producers by an increased yield per hectare under cultivation.
Cultivation of the coca leaf has also seen qualitative advances, with higher yield per plant and a higher alkaloid content. The quality of the seed and the cultivation techniques have also been improving. On the other hand, coca growing has extended into the Amazon national parks, with the consequent environmental damage.
This is all helping to increase the capacity for producing and exporting cocaine to international markets.
In recent years a significant shift has been observed from the traditional situation where Peru was merely a large provider of coca leaf, which was then processed, exported and marketed through Colombian or Mexican organisations. Nowadays, some farmers are producing basic cocaine paste in traditional maceration pits using easily obtained chemical products and extremely rudimentary technology.
In certain regions, particularly the Alto Huallaga and the VRAE, these activities enjoy the protection of residual Sendero Luminoso elements, now clearly allied with drug-trafficking interests. Up until 2006 they took advantage of the abandonment of these regions by the armed and security forces, as a reaction to the excesses committed in the 90s during the anti-terrorist campaign.
5281/09 hip/GBK/ck 36 DG H 3A EN At the same time, local organisations (small or family-based clans) are acquiring a more significant role in the processing of the leaf and the basic paste, producing high-quality hydrochloride. Potential cocaine hydrochloride production has increased by 3,5 %, from 280 tonnes in 2006 to 290 tonnes in 2007. Laboratories manufacturing hydrochloride are no longer located only in the interior but now also in urban areas on the fringes of metropolitan Lima, where they are harder to detect.
Although Colombians and Mexicans continue to dominate export and marketing channels, some Peruvian organisations – based in Lima, Trujillo and other coastal cities – are also embarking on this activity. Hence the percentage of profit from trafficking within Peru is constantly rising, with the potential danger of money laundering and organised crime that this represents in the medium term.
According to figures provided by the Peruvian authorities, 80 % of Peruvian cocaine goes to Europe, and only 8 % to the United States. However, the members of the mini Dublin group have some doubts about the accuracy of these data.
There are two main means of combating drug trafficking:
1. Eradication: there are two types, voluntary or self-eradication (substitution of legal crops, such as coffee, cocoa and dwarf palm, with exports increasing in value, reaching 39 million dollars in 2005, 50 million in 2006 and 70 million in 2007) and compulsory eradication. In 2007 a total of 12 072 ha were destroyed: 1 016 voluntarily and 11 056 by coercion.
2. Prohibition and seizures: 2008 was an especially successful year in terms of total figures for seizures of drugs and chemical products. For the period from 1 January to 14 November, the National Police Anti-Drugs Directorate (DIRANDRO) gives the following figures:
5281/09 hip/GBK/ck 37 DG H 3A EN – 11 056 police operations
– Seizures: 8 186 309 kg of basic cocaine paste 14 976 854 kg of cocaine hydrochloride 2 259 366 kg of marijuana 228 371 kg of opium poppy latex 16 803 kg of heroin 184 kg of ecstasy
– 1 111 laboratories dismantled
– Chemical products seized
23 563 750 kg of acetone 68 575 571 kg of hydrochloride or muriatic acid 25 402 650 kg of sulphuric acid and oleum 7 020 250 kg of ammonia
– 70 properties seized
– 833 vehicles seized
INSTITUTIONAL FRAMEWORK
Law 27629 (amending Legislative Decree No 824) and D.S. No 032.2002.PCM have established and regulated the organisation of the National Commission for Development and Life Without Drugs (DEVIDA).
5281/09 hip/GBK/ck 38 DG H 3A EN This decentralised public body, attached to the Presidency of the Council of Ministers, is mainly tasked with coordinating, planning, monitoring and evaluating programmes and activities which form part of the national anti-drugs strategy. DEVIDA is the leading body framing and conducting the national policy for combating drug trafficking and illegal-drug use and promotes full and sustainable development of the coca-growing areas of the country.
DEVIDA, as the leading body, presented in March 2007 the new national drugs control strategy 2007-2011. The general objective of the strategy is to radically and significantly reduce the social, political and economic effects of the illegal production, trafficking and consumption of drugs in the country.
The national strategy has three objectives:
1. Prevention and rehabilitation. The aim is to reduce drug use by strengthening and institutionalising prevention and rehabilitation policies and programmes at national level.
2. Prohibition. Significantly reduce the production, marketing and trafficking of drugs and related offences.
3. Sustainable development. Improve the social and political conditions which neutralise and discourage the cultivation of coca for illicit use. Improve economic conditions.
The targets of this new strategy for 2007-2011 are:
– to increase drug seizures in the country to 40 % and seizures of illicitly used chemical inputs to 25 %,
– to reduce the area of illicit coca cultivation by 40 %,
– to confiscate 20 % of funds generated by money laundering,
– to increase by 40 % the number of persons benefiting from alternative development in intervention areas,
5281/09 hip/GBK/ck 39 DG H 3A EN – to create a national drug consumption prevention system that includes all regional governments and has links with local government, State bodies and civil society,
– to increase by 50 % provision of care for those dependent on alcohol and other drugs,
– to reduce by 10 % annual consumption of illegal drugs among the school population.
On 7 August 2005, Reglamento de la Ley No 28305 (Chemical Precursors and Controlled Products Control Act) was passed.
On 12 June 2007 Law 29037, amending Law 28305, the Chemical Inputs and Controlled Products Control Act, was passed; it amends Articles 296 and 297, and adds to the Penal Code an Article 2964 on drug trafficking.
On 16 April 2008 Law 29212 was passed, amending Legislative Decree No 992 on the "loss of ownership process", a law that simplifies and facilitates loss of ownership, in favour of the State, of assets acquired with the proceeds of illicit activities.
INTERNACIONAL COOPERATION
International cooperation has continued to support the Peruvian government in various programmes, particularly in terms of alternative development, environmental conservation and restoration of damaged ecosystems.
Outstanding in this context are the work of the UNODC and funding from USAID, the European Commission and various Member States (Spain, Italy and Germany among others); also the Organisation of American States, which receives funding from Spain.
5281/09 hip/GBK/ck 40 DG H 3A EN As to bilateral cooperation, Spain has an agreement with Peru, dating back to 1998, on cooperation in preventing consumption, alternative development and controlling the trafficking of narcotics and psychotropic substances. AECID, the Spanish Agency for International Development Cooperation, is not at present directly committed to any actions in the drug control programme. There was an intervention in the 2002-2006 Spain-Peru Cooperation Programme that sought to support the government in promoting and consolidating alternative crops not for illicit use.
The 2007-2010 Spain-Peru Cooperation Programme includes the "Project supporting the Ministry of Agriculture with a view to consolidation of agricultural export crop production interventions to improve productive activity and prevent cultivation of illegal crops in forest areas", which was launched in April 2007, for a period of three years and six months, at total cost of EUR 669 050 and with an AECID contribution of EUR 436 550. The aim is to contribute to improving the living conditions of the population settled in the area of influence of the Yurimaguas – Tarapoto Ecological Highway, by developing competitive, productive systems to improve the quality of life of farmers' families.
The European Union is financing PRODAPP (Alternative Development Programme in the Pozuzo and Palcazo Areas), launched in 2002 for seven years at a total cost of EUR 32 million, with an EC contribution of EUR 22,6 million. It is designed to support Peru's government in its programmes for the reduction of poverty and the prevention of illicit crops, and to improve management capabilities in regional governments, provinces and districts, with the aim of institutionalising local development.
Together with the Andean Community of Nations (CAN), the EU is financing CAN's DROGAS project "Support for the Andean Community in the field of synthetic drugs", which is currently being implemented over a four-year period at a total cost of EUR 3,06 million with an EU contribution of EUR 2,551 million. The proposed objective is to develop methods and tools for prevention and control of the possible effects of supply and demand for illegal synthetic drugs in the CAN countries.
5281/09 hip/GBK/ck 41 DG H 3A EN RECOMMENDATIONS
The mini Dublin group makes the following recommendations:
1.- Increase technical support, nationally and internationally, for all authorities involved in combating drug trafficking, in terms of training, resources or budgetary support.
2.-Enhance the training of judges and prosecutors who have to face teams of well-paid, well-prepared and well-equipped lawyers in trials of drug traffickers.
3.- Possibly consider setting up a single special court in Lima, to avoid dispersal of effort among a collection of weak court authorities in provinces, with judges and prosecutors subjected to local pressures through extortion or bribery.
4.- The Peruvian government is recommended to adopt a more functional and less media-focused strategy on chemical precursors, setting up checkpoints on known supply routes.
5.- The group is concerned about the possible effects of restrictions in the 2009 State budget on the operational capability of organisations such as DEVIDA and the Financial Intelligence Unit and is also worried by the possibility of a change in DEVIDA's administrative status; at present it is affiliated to the Presidency of the Council of Ministers.
5281/09 hip/GBK/ck 42 DG H 3A EN 8. URUGUAY
CURRENT SITUATION
No substantial changes have occurred in 2008 in the drug-trafficking situation in Uruguay compared with earlier years, except for what could be seen as a violent invasion of designer drugs and an increase in cocaine consumption in places and areas where people spend free time.
In fact, certain factors to be taken into account have been observed, which had already been noted in reports from previous years, namely:
– proximity of producers, especially Colombia and Bolivia, – insufficient effectiveness of the border controls of Uruguay and adjacent countries, – globalisation of crime and resulting greater need for coordination between countries, – increase in so-called "drug couriers", mainly targeting Europe, substantially facilitated by economic migration both by individuals and through organised networks, – increase in drug prices in Europe and the United States, – increase in trafficking by sea and vulnerability of ports, – increasing presence of legally resident Mexican citizens with significant investments, facilitating money laundering of any proceeds of cocaine and designer-drug trafficking, the main ingredients of which are in many cases legal, – increase in consumption of marijuana, mostly from Paraguay.
As regards cocaine, Uruguay was always considered a transit country and it still is, although as has been noted, the Colombia Plan has led to an increase in trafficking here, as in other neighbouring countries. In this case, more of the product has been observed entering the country prior to the final purification stage. The result is that the by-product, the lower-quality residue known as "paco", is used for domestic consumption, leading to worsening of the social relations and health of consumers, generally the less-favoured classes.
5281/09 hip/GBK/ck 43 DG H 3A EN The product also arrives from Argentina, which like Uruguay has seen an increase in the arrival of basic cocaine paste as a result of the pressure of the Colombia Plan, to which are added an abundance of precursors and less control. The fall in numbers of laboratories in Argentina would contribute to this.
The influence on social relations and — frequently very violent — criminal behaviour, not just of addiction but of acting under the influence of "paco" is a very serious concern due not only to the increase in its prevalence and effects but also because it is so hard to find and implement solutions.
There is a striking absence of convictions for money-laundering despite pressure from GAFISUD (Financial Action Task Force of South America Against Money Laundering); there does not seem to be too much pressure on the laundering of money originating from the trafficking of illegal drugs.
The call made by heads of Latin American and Caribbean national anti-drug-trafficking bodies at their meeting in Buenos Aires in October 2006 for the development of national initiatives for interinstitutional and cross-border cooperation also seems to have been ineffective in increasing the effectiveness of controls and of the fight against drugs.
Internationally, Uruguay belongs to the various anti-drug-trafficking conventions and organisations. In Mercosur, the most important item has been the signing of the Mercosur and Associated States Agreement on Mutual Legal Assistance in Criminal Matters, especially as regards transnational organised crime, which was signed by the public prosecutors' offices in 2006. There are also Agreements in force on mutual legal assistance in criminal matters between the States parties and extradition Agreements with a Protocol on the transfer of persons subject to special arrangements, which make it possible to collaborate more, and more effectively, in preventing and punishing drug trafficking and the laundering of proceeds of drug trafficking.
National Drugs Board (JND) assessments
The Secretary-General of the National Drugs Board (JND) sent the following assessments to the representatives of the Dublin Group:
5281/09 hip/GBK/ck 44 DG H 3A EN a. A request that cooperation with Uruguay in combating drug trafficking should be carried out through political institutions (specifically the JND) rather than through horizontal cooperation. The need is stressed for cooperation in border management, recognised as still very weak. b. Uruguay is at a stage of laying structural foundations in the fight against drug trafficking; it wishes to make it a genuine State policy. Without denigrating earlier government actions, we would stress the clear uncompromising line of the present government. In this way, what Uruguay wants to construct is a policy of suppressing such crime, though without neglecting preventive, social and health aspects. c. Uruguay will also always particularly stress the need to respect human rights in the law-enforcement aspect of the fight against drugs. d. In the Mercosur context, Uruguay wants an integrated approach; actions should not focus exclusively on the issue of transit of cocaine hydrocloride. On the other hand, the region as a whole has a particular problem, basic cocaine paste, which has major repercussions in other areas of crime and on social behaviour. e. Uruguay recognises the problem of money laundering; we would draw attention to the establishment of the anti-money-laundering general secretariat (which has the same status as the secretariat of the JND), specific instruments such as two courts and specialist public prosecutors' offices, and the confiscated property fund.
RECOMMENDATIONS
Representatives of member countries of the Dublin Group referred to cooperation with Uruguayan police forces and court authorities (France, United States) and to the interest shown in setting up new channels of communication (Germany). The United Kingdom referred to the organisation for special training in container inspection, which aroused the interest of those present. Portugal and the United States emphasised the money-laundering theme.
The European Commission promotes Community cooperation in this area.
5281/09 hip/GBK/ck 45 DG H 3A EN We reiterate the desirability of the Dublin Group attempting at central level to coordinate its member countries' cooperation programmes on drug control with a view to improving the effectiveness of assistance and avoiding duplication and expense.
We would also emphasise the role played by the National Drugs Board.
ANNEXES
Persons arrested and tried – 2003-2008
Tried Total arrested Year Male Female Total 2003 1849 253 46 299 2004 1594 234 95 329 2005 1248 293 70 363 2006 1566 344 122 466 2007 2177 434 172 606 2008 1854 372 157 529
5281/09 hip/GBK/ck 46 DG H 3A EN Annual seizures of substances, 2000-2008
Partial data, up to 20 October 2008
Drug Unit 2000 2001 2002 2003 2004 2005 2006 2007 2008
Marihuana Gramme 807 697,14 1 155 617,90 899 703,60 620 544,37 1 256 433,73 969 659,90 444 963,33 1 819 435,94 1 030 147,68
Cocaine Gramme 25 853,18 24 758,61 43 013,02 49 915,94 36 721,35 53 937,97 471 028,03 696 442,90 675 059,68
Basic cocaine paste Gramme (1) 29 543,55 49 328,71 98 173,49 71 512,80 89 569,74
Coca leaf Gramme 125,00 645,00 646,00 215,00 1 893,00 222,00 532,00 1 917,00 19 725,00
Crack Gramme 3,00 0,00 0,00
Ecstasy Unit 738 20 31 18 20 512 856,5 23 474,00 41,00
Hashish Gramme 5,98 2 386,80 111,20 51,00 2,00 0,00
Heroin Gramme 5 872,00 7 200,00 12 133,00 15 568,58 0,00 0,00
Inhalants Gramme 200,00 0,00 0,00
LSD Dose 143 91 11 0,5 100 5 3,00 0,25
Cannabis plants Unit 5 124 255 30 70 405 99 108,00 137,00
Psychotropic Unit 4 31 212 509,00 795,00 substances
Cannabis seeds Unit 360 157 2,3 0 51,95
(1) Seizures of basic cocaine paste in 2003 are included under "cocaine".
5281/09 hip/GBK/ck 47 DG H 3A EN 9. VENEZUELA
GENERAL SITUATION
Venezuela is considered a transit country for drugs, especially cocaine on its way to the United States and Europe.
DRUG TRAFFICKING
Total drug seizures by Venezuelan police forces have fallen by around 3,80 % compared with last year. However, the quantity of cocaine seized so far this year, has increased by 13,80 % over the same period in 2007, accounting for 58,65 % of total seizures. The quantity seized is nonetheless lower than in 2006. The largest decrease has been in seizures of marihuana, which have fallen by 19,80 compared with last year, accounting for 40,78 % of total seizures.
The National Guard is still the police force which seized the greatest quantity of drugs – 47,28 % (considerably below last year's figure of 70 %). The Forensic, Penal and Criminology Department seized 24,93 %, markedly increasing its effectiveness compared with 2007 (when it accounted for 15,32 % of the total).
Up to 31 October 2008, the National Guard's Anti-Drugs Squad seized the following chemical precursors: – Sulphuric Acid: 23 378 kilos, – Hydrochloric acid: 389 346,89 kilos, – Pseudoephedrine: 14,889 kilos.
These figures should be set against the number of clandestine laboratories. 4 clandestine laboratories were dismantled in 2007 and 3 in 2008.
5281/09 hip/GBK/ck 48 DG H 3A EN As regards the 14 kilos of pseudoephedrine, it can be assumed that the chemical is being used as an essential component in the production of designer drugs (amphetamines and amphetamine derivatives), although data from the National Anti-Drugs Office indicate that no designer drugs have been seized so far this year.
In the National Anti-Drugs Office data so far 2008, it should be noted that the total number of persons arrested for drugs trafficking is 5 745 (38 % higher than the total for 2007), 94,27 % of whom were Venezuelans and 5,73 % foreign nationals.
This increase in the number of persons arrested may be related to operations organised by the Ministry of Justice and Home Affairs to combat small-scale trafficking of narcotics, since it is scarcely reflected in the level of total seizures.
The number of foreign nationals arrested is similar to last year: 329 up to the end of October. Colombia heads the list with 209 (63,53 % of the total), followed by Spain with 14 (significantly fewer than last year when there were 25), Brazil with 11, Italy with 10 and Portugal with 10.
Data on the modus operandi and seizures are the same as for 2007, since data for this year will not be published until 2009. In 2007, a total of 613 cases of drug trafficking were reported (including passengers carrying luggage and mail) and 46 destination countries.
The main destination for drugs leaving Venezuela is Spain, with a total of 300 cases (48,94 %), followed by the United Kingdom (50 cases, 8,16 %), and the Netherlands (37 cases, 6,04 %)
Seizures of drugs bound for countries in Western Africa were very small. It should be borne in mind that the cocaine trafficking route to Europe passes through these countries. Seizures of drugs from Venezuela in Sierra Leone and Guinea Conakry were reported.
Lastly, the Venezuelan authorities (National Guard, National Anti-Drugs Office, Integrated National Tax and Customs Administration Service) should be requested to provide information on containers leaving Venezuelan ports for countries in Western Africa. The same applies to seizures at airports.
5281/09 hip/GBK/ck 49 DG H 3A EN CONSUMPTION
The most recent data are those for 2007, which refer to persons receiving detoxification treatment, not to the total number of consumers.
The number of patients treated in Rehabilitation Centres in 2007 was 6 604 (5 974 men and 630 women). The typical drug consumer undergoing treatment is a man who did not complete secondary education, unmarried and unemployed or in occasional employment.
The drugs with which consumption starts are alcoholic drinks (45,99 %) or tobacco (23,49 %), followed by marihuana (21,14 %) and cocaine (5,78 %).
The age at which consumption starts is between 10 and 14, in 45 % of cases, and between 15 and 19 in another 45 % of cases. The age at which marihuana is first consumed is about 15; in the case of cocaine it is about 17.
The drug which causes the greatest damage to consumers' health is crack (46,62 %), followed by cocaine (21,76 %) and marihuana (6,77 %).
INSTITUTIONAL FRAMEWORK
Prevention plans are monitored and run by the National Anti-Drugs Office. Consumption statistics are produced by the National Anti-Drugs Office's Anti-Drugs Monitoring Centre.
INTERNATIONAL COOPERATION
Spain In the field of technical cooperation in 2008, Spain held a seminar on "Drug Trafficking and Money Laundering" in Caracas from 19 to 30 May. 53 persons participated: police officers, the Public Prosecutor's Office, the Integrated National Tax and Customs Administration Service, the Supervisory Authority for Banks and other Financial Institutions and Spanish lecturers.
5281/09 hip/GBK/ck 50 DG H 3A EN Belgium There are no cooperation programmes.
Canada Has implemented a programme to train technicians in investigating drug trafficking.
Portugal A memorandum of understanding was signed a year ago. An initial meeting was held in November with a view to implementing a programme of cooperation on drug trafficking, especially maritime trafficking. Two courses on designer drugs have been held.
France Activities are run from the Training Centre in Martinique. It is proving difficult to obtain a response to invitations to participate in courses offered to Venezuela.
United Kingdom Work continues within the framework of the agreement signed. The UK has proposed a working session for public prosecutors from Venezuela and Colombia, focusing primarily on money laundering. In the last three years, a course on money laundering has been run jointly with the Metropolitan University, for National Guard officers, police officers, the Integrated National Tax and Customs Administration Service and the Supervisory Authority for Banks and Other Financial Institutions. Venezuelan officials attend courses held in the United Kingdom.
European Union An agreement for a programme in the area of prevention and of trafficking, with a budget of EUR 6,3 million, is to be signed with the National Anti-Drugs Office. It includes control equipment for the airport. Studies of actual drug consumption in Venezuela are being conducted to obtain statistics and data on this subject which reflect reality.
5281/09 hip/GBK/ck 51 DG H 3A EN Support is being given for the drawing up of new legislation and studies on money laundering in the non-financial sector (casinos, bingo halls).
Italy There is no specific training programme. An agreement was signed last year between Italy's Anti-Mafia Attorney-General and the Office of the Chief Public Prosecutor of the Bolivarian Republic of Venezuela.
Japan There are no training programmes for Venezuelan police officers.
United States A training programme is being run for young people and the Municipal Police in Táchira. Similar programmes could be run in Zulia and Mérida after the elections on 23 November 2008.
Netherlands Occasional training courses have been held.
Germany In June 2007 a cooperation programme was launched, which ran until June 2008, focusing particularly on Isla Margarita.
Finland There is no bilateral cooperation.
RECOMMENDATIONS
Place the fight against drugs on a higher level of coordination within the Administration. Heighten national authorities' alertness to the risks associated with drug trafficking. Improve monitoring of drug flows and consumption.
5281/09 hip/GBK/ck 52 DG H 3A EN Increase prevention, especially among the young. Improve coordination between international donors. Strengthen the judicial system. Provide financing for police forces, and especially for their training. Adopt a National Strategy in the near future.
5281/09 hip/GBK/ck 53 DG H 3A EN