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10 Years of Drug Policy in Asia

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10 YEARS OF DRUG POLICY IN ASIA: HOW FAR HAVE WE COME? A CIVIL SOCIETY SHADOW REPORT 10 YEARS OF DRUG POLICY IN ASIA: HOW FAR HAVE WE COME? A CIVIL SOCIETY SHADOW REPORT 10 Years of Drug Policy in Asia: How Far Have We Come? 10 Years of Drug Policy in Asia: How Far Have We Come? Foreword The pursuit of a ‘drug-free world’ is the unfortunate man- tra of many Asian governments. Yet as we find ourselves at the end of a 10-year UN global drug strategy, it has be- come glaringly apparent that many countries now face a crossroads. A decision needs to be made on whether it is time to change course. Staying the course with existing drug policies would be tantamount to accepting that the region’s supply and demand for drugs will inevitably con- tinue to expand. Staying the course would signal that gov- ernments accept that the numbers of people killed on the basis of mere suspicion, and with outright impunity (over 20,000 in the last two years), detained in the name of drug rehabilitation (over 300,000 people throughout Asia), and held in exceedingly overcrowded prisons (where typically at least 50% of a country’s prison population are held for drug offences) will continue their inexorable rise. In March 2019 at the UN Commission on Narcotic Drugs, governments that have adopted the UN drug control conventions1 will report on their progress in implement- José Ramos-Horta ing the 2009 UN Political Declaration and Plan of Action. A formal, independent evaluation of the achievements Indeed, governments are also expected to look forward and setbacks in its implementation over the past decade and plan for the future in March 2019, where it is expect- has not been carried out by governments or the relevant ed that the global drug policy objectives, priorities and UN bodies. However civil society has stepped up and the actions for the next decade will be outlined. The findings International Drug Policy Consortium (IDPC) offered a of this report makes it incumbent upon governments to compelling assessment in their global civil society shad- have an open, honest and inclusive dialogue about the ow report, Taking Stock: A Decade of Drug Policy. IDPC realistic goals and targets that are needed to result in outlines the overwhelming failure of drug policies world- better outcomes for vulnerable groups and communities, wide to meet the objective of eliminating or significantly as well as meaningful indicators to measure progress, reducing the supply and demand of drugs, as well as out- in order to make positive steps towards achieving the lining how punitive policies undermine the achievement 2030 Agenda for Sustainable Development. A change of the broader UN priorities of protecting human rights, in course is desperately needed for drug policies in Asia, promoting peace and security and advancing develop- and it is our hope that the region’s policymakers will learn ment. This report supplements that assessment by taking the lessons of the past and show leadership in reforming a closer look at the region of Asia, where harsh and dra- damaging laws and policies at this critical juncture. conian policies have failed to reduce the scale of the drug market and in parallel have had devastating impacts on José Ramos-Horta people and communities. Former President of Timor-Leste It is time for governments in the region to acknowledge Member of the Global Commission on Drug Policy the limitations of, and harms caused, by zero-tolerance drug policies, and the futility of clinging onto visions of a drug-free region. Asia has a history of drug use stretching back over a thousand years, featuring the use of cannabis and opium for religious, cultural, medical and culinary purposes. It is due to political and economic factors in the past two centuries that we are today entrenched in a par- adigm of demonising drugs and anyone involved with them. In recent years some countries, notably Thailand, have taken steps to shift away from that paradigm and reform their drug policies in pursuit of measures that are oriented towards health, human rights and sustainable development. It is our hope at the Global Commission on Drug Policy that these initial steps will anchor and con- tinue to grow into further reforms throughout the region so that communities will no longer spiral into worsening violence and insecurity with little to no investment in health, harm reduction and development measures that have been proven effective. 10 Years of Drug Policy in Asia: How Far Have We Come? 10 Years of Drug Policy in Asia: How Far Have We Come? i ii 10 Years of Drug Policy in Asia: How Far Have We Come? Table of contents PrefacioForeword ii Acknowledgements 3 Agradecimientos 5 Executive summary 5 Abreviaturas 6 Part 1 Introduction 9 Resumen 1 Backgroundejecutivo 107 1.1 Global drug control commitments: the ‘elusive’ pursuit of ‘drug-free’ targets 10 PARTE 1: Introducción 15 1.2 Regional drug policy frameworks in Asia: the persistence of a drug-free vision 10 1 Contexto 16 2 Objective of this report 14 1.1 La década de la UNGASS: “Un mundo sin drogas, ¡podemos lograrlo! 16 3 Methodology 15 1.2 El examen decenal de la Declaración Política de 1998 18 Part 21.3 Assessing La Declaración progress Política made y Plan in de Asia Acción since de 20092009: againstuna nueva Article fecha límite 36 of the Political Declaration 18 1.4 Eland examen the vision de mitad of dea ‘Drug-Free período de 2014ASEAN’ de la Declaración Política de 2009: 17 1una The oportunidad illicit cultivation desaprovechada of opium poppy, coca bush and cannabis plant 1918 1.52 The La UNGASS illicit demand de 2016: for aires narcotic de cambio drugs and psychotropic substances, and drug-related health 20 1.6and El próximosocial risks paso: el Segmento Ministerial de 2019 en el 62º período de sesiones de la CND 2220 3 The illicit production, manufacture, marketing and distribution of, and trafficking in, 2 Objetivo del Informe sombra 23 psychotropic substances, including synthetic drugs 23 3 Metodología 24 4 The diversion of and illicit trafficking in precursors 23 PARTE 2:5 EvaluaciónMoney laundering de los avances related alcanzados to illicit drugs para abordar el “problema mundial de las drogas” desde 24 que se aprobó la Declaración Política y el Plan de Acción de 2009 25 Part 3 Assessing progress made in Asia since 2009 against the broader priorities of the 1 EvaluaciónUnited Nations de los avances alcanzados con respecto al Artículo 36 de la Declaración Política de 2009 2625 1.11 Protecting El cultivo ilícito human de adormidera, rights arbusto de coca y planta de cannabis 26 1.2 La1.1 demanda The right ilícita to de the estupefacientes highest attainable y sustancias standard sicotrópicas of health y los riesgos sanitarios y 26 sociales relacionados con las drogas 29 1.1.1 Ensuring access to evidence-based drug prevention 26 1.3 La producción, la fabricación, la comercialización, la distribución y el tráfico ilícitos de sustancias 1.1.2 Ensuring access to harm reduction and drug dependence treatment 27 sicotrópicas, incluidas las drogas sintéticas 30 1.1.3 Providing alternatives to prison or punishment for people who use drugs 31 1.4 La desviación y el tráfico ilícito de precursores 31 1.1.4 Improving access to controlled substances for medical purposes 32 1.5 El blanqueo de dinero relacionado con las drogas ilícitas 32 1.2 The right to life 34 2 Evaluación de los avances alcanzados hacia el cumplimiento del Plan de Acción de 2009 con respecto a las prioridades1.3 másThe ampliasright to debe lasfree Naciones from torture Unidas and other cruel, inhuman and degrading treatment or 34 punishment 36 2.1 Protección de los derechos humanos 34 1.4 The right to liberty and to be free from arbitrary detention 37 2.1.1 El derecho al disfrute del más alto nivel posible de salud 34 1.5 The right to a fair trial and due process 38 2.1.2 El derecho a gozar de los beneficios del progreso científico 55 1.6 The right to be free from discrimination 38 2.1.3 El derecho a la vida 57 1.7 Rights of Indigenous peoples 38 2.1.4 El derecho a no ser sometido a torturas ni a tratos o penas crueles, inhumanos o degradantes 58 2 Maintaining peace and security 40 2.1.5 El derecho a la libertad y a no ser sometido a detención arbitraria 63 2.1 The ‘balloon effect’ and escalating levels of violence 40 2.1.6 El derecho a un juicio imparcial y al debido proceso 66 2.2 Tackling money laundering 40 2.1.7 Los derechos de los pueblos indígenas 66 2.3 The rise of crypto-drug markets 42 2.1.8 El derecho a no ser discriminado 67 10 Years of Drug Policy in Asia: How Far Have We Come? 10 Years of Drug Policy in Asia: How Far Have We Come? 1 3 Advancing development 42 3.1 Analysing factors leading to illicit cultivation 42 3.2 Promoting sustainable development 43 3.3 Protecting the environment in drug control strategies 46 3.4 Advancing development in urban areas 46 Part 4 Recommendations 47 References 49 Text boxes Box 1 Global and regional commitments on drugs against which progress will be measured 19 Box 2 Amphetamine-type stimulant use among young people in Southeast Asia 21 Box 3 Women who use and inject drugs in Asia at the intersection of risk and vulnerability 30 Box 4 Compulsory rehabilitation in detention for people who use drugs 31 Box 5 The Support.
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