Human Rights

RSS Feed for this category

Latin America: Mexico Drug War Update

by Bernd Debusmann, Jr.

Mexican drug trafficking organizations make billions each year trafficking illegal drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed over 12,000 people, with a death toll of over 5,000 so far in 2009. The increasing militarization of the drug war and the arrest of several high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

Friday, December 4

Near Monterrey, a group of more than 20 gunmen attacked a police detention center and freed 23 inmates. Two federal officers were killed during the attack. Witnesses reported that the inmates were driven away in at least five vehicles. Earlier on Friday in Monterrey, clashes between the army and dozens of gunmen left 13 people dead -- 12 suspected cartel members and one civilian.

The clashes began when soldiers came under fire as they raided a ranch where hostages were thought to be kept. A firefight ensued between the soldiers and an estimated 50 gunmen, seven of whom were killed and nine captured before the rest managed to escape. The gunmen that escaped later ran into another unit of soldiers, and five of them were killed in the gun battle that followed. A civilian was also killed in the crossfire. Several of the dead gunmen were ex-cops suspected in the death of a municipal police chief who was murdered in November.

Saturday, December 5

Thirty-six people were killed in drug-related violence across Mexico, including five federal agents. Additionally, a public security official in Chihuahua was kidnapped by gunmen as he drove on a highway, and remains to be found. Of the dead, 14 were murdered in Chihuahua, eight of them in Ciudad Juarez. Near Culiacan, Sinaloa, a state police official was found dead (along with an unidentified woman) in a bullet-riddled car. A three-year old who was in the backseat survived. In Guerrero, three policemen and two gunmen were killed in a firefight.

Tuesday, December 8

With the late night killings of four youths in Ciudad Juarez, the total body count this year from Mexico's drug war passed the 7,000 mark. In a 24 hour period, 13 people were killed in Ciudad Juarez, three in Sonora, seven in Guerrero, four in Sinaloa, and four in Mexico City and the surrounding area, bringing the yearly total to 7,026. Of these, 2,991 took place in Chihuahua, mostly in Ciudad Juarez.

Wednesday, December 9

In a report released Tuesday, Amnesty International blasted the conduct of Mexican government forces as they fight against drug traffickers. The report cited five cases involving 35 people that the organization thought were representative of the rampant human rights violations in Mexico, and accused the army of torturing civilians, capturing suspects illegally, and killing prisoners. The report was especially critical of Mexico's civilian authorities, who have refused or failed to investigate allegations of abuse on the part of the army. Complaints against the army are handled entirely by the Mexican military justice system, and out of the thousands of complaints, only a few have been investigated.

In Hermosillo, several locations were attacked in coordinated grenade attacks, leaving four people wounded. In Nogales, near the border with Arizona, five people were executed by gunfire in what appears to be an attempt to take over the local drug trafficking corridor. In Chihuahua, ten people were found murdered, eight of them in Ciudad Juarez.

Total Body Count for the Week: 174

Total Body Count for the Year: 7,056

Read the last Mexico Drug War Update here.

Latin America: Mexico Drug War Update

by Bernd Debusmann, Jr.

http://stopthedrugwar.org/files/ricardo-murillo.jpg
poster of assassinated human rights advocate Ricardo Murillo
Mexican drug trafficking organizations make billions each year trafficking illegal drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed over 16,000 people, with a death toll of over 7,000 so far in 2009. The increasing militarization of the drug war and the arrest of several high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

Saturday, December 12

In the town of Almoloya, near Mexico City, six members of a family were killed by gunmen who attacked their home in the morning. Gunmen entered their home, locked several children in a bedroom, then lined up and shot the six adults, three men and three women ranging in ages from 25 to 52. Two bodies were also found in the nearby town of Villa Victoria, although it is unclear if these two incidents are related.

In Guadalajara, a prep school teacher was shot and killed by two gunmen as he drove to work. In Culiacan, Sinaloa, two women with their hands and feet bound were found executed. 16 people were killed in Ciudad Juárez, including a police official. In Michoacan, police found the bodies of three suspected cartel members, who were found dead in a car that contained weapons of various calibers. Six people were also killed in Tijuana, and five in Durango.

Monday, December 14

The spokesman for the Catholic Archdiocese of Mexico called on the Mexican army to withdraw from the streets of Mexican cities. The spokesman, Hugo Valdemar, called on more effective police forces to be created. He also said that local authorities "cannot count on the army," and said that "unfortunately, the army is committing human rights violations" in its fight against organized crime. The same day as his statements, two law enforcement facilities in Durango were attacked by grenades.

Tuesday, December 15

Seven people were killed in Tijuana, bringing the total number of murders in the city to 23 in four days. Among the dead was a man found by commuters hanging by his hands from a bridge over the Tijuana-Playas de Rosarito highway. In Ciudad Juárez, ten men and one woman were killed in several incidents across the city. In the state of Aguacalientes, a woman was found murdered, along with a note accusing her of being an informant. Near Nogales, six bodies were found dumped in a construction site. In the same time period, three people were killed in Sinaloa, three in Guerrero, and one (a 17-year old boy) outside Mexico City.

Wednesday, December 16

In a major coup for the government, Beltran Leyva cartel leader Arturo Beltran Leyva was killed along with two other cartel members when members of the Mexican Navy attacked their apartment in a luxury quarter of Cuernavaca. One Mexican sailor also died in the 90 minute-long gun battle.

Ricardo Chavez Aldana, a reporter for the Ciudad Juárez radio station Radio Cañón fled to El Paso with his family and requested political asylum. Two nephews of his were recently killed in Ciudad Juárez and his family had received death threats. He is the fourth Ciudad Juárez journalist to seek asylum in the US. In the last nine years, 56 journalists have been killed in Mexico. Most of the killings remained unsolved.

In Tijuana, gunmen armed with assault rifles killed four men in a taco store. Several people were wounded in the attack. The day before, the bodies of four decapitated men were found in the city, and four other people were killed by gunfire, including one woman. These killings brought to 35 the number of people murdered in Tijuana since Friday. The reasons for the sudden spike in violence are unclear, although much of the violence in Tijuana is due to the intense rivalry between the Arellano-Felix Organization (AFO) and a breakaway faction that has allied itself with the Sinaloa Cartel.

In Ciudad Juárez, 18 people were killed in a 24-hour period. In one incident, five men were killed when a home was attacked by a group of gunmen. The five men attempted to flee, but were gunned down in the courtyard. In another incident, two men were killed by gunmen wielding AK-47's.

In Guerrero, body parts belonging to two individuals were found inside plastic bags. A note was found near the bag which threatened kidnappers and was said to be from "the boss of bosses". This nickname is thought to belong to Arturo Beltran-Leyva, one of the heads of the Beltran-Leyva organization. The note also implored the local population not to be alarmed by the killings.

Body Count for the Week: 221

Body Count for the Year: 7,277

Read the last Mexico Drug War Update here.

North Africa: Moroccan Human Rights and Drug Policy Activist to Remain Behind Bars

A Morrocan appeals court Tuesday rejected the appeal of a human rights activist who had publicly criticized the country's drug policy and was subsequently jailed for offending the authorities and alleged currency violations. That means Chakib El Khayari will continue to serve a three-year sentence handed down in June.

http://stopthedrugwar.com/files/chakibelkhayari.jpg
Chakib El Khayari
El Khayari heads a human rights group in the Rif Mountains, where marijuana growing has been a way of life for centuries. He had criticized inequities in the Moroccan government's crackdown on the cannabis industry there. El Khayari repeatedly told international conferences and foreign media outlets that he questioned the government's record on marijuana eradication and interdiction. He accused authorities of turning a blind eye to hashish smuggling to Europe while focusing their repressive efforts on poor farmers.

Prosecutors accused him of taking a bribe to focus a media campaign on some traffickers and not others. They also accused him of depositing money in foreign banks without approval from the country's Exchange Office. That charge was based on a payment he accepted for writing an article for a Spanish magazine. He was convicted in a court in Casablanca in June.

Even before his conviction, human rights and drug reform groups were calling his prosecution unjust. "It's pretty clear that the new charges against el-Khayari appear to be one more attempt to silence a critic on politically sensitive issues, and to intimidate other activists," said Sarah Leah Whitson, Middle East and North Africa director at Human Rights Watch. "El-Khayari's prosecution shows that despite Morocco's reputation for open debate and a thriving civil society, the authorities are still ready to imprison activists who cross certain red lines."

The European Coalition for Just and Effective Drug Policies (ENCOD) has organized a campaign to seek his release. Click on the ENCOD link here to see how you can help.

Feature: Fired Up in Albuquerque -- The 2009 International Drug Policy Reform Conference

Jazzed by the sense that the tide is finally turning their way, more than a thousand people interested in changing drug policies flooded into Albuquerque, New Mexico, last weekend for the 2009 International Drug Policy Reform Conference, hosted by the Drug Policy Alliance. Police officers in suits mingled with aging hippies, politicians met with harm reductionists, research scientists chatted with attorneys, former prisoners huddled with state legislators, and marijuana legalizers mingled with drug treatment professionals -- all united by the belief that drug prohibition is a failed policy.

http://stopthedrugwar.org/files/vigildpa09.jpg
candlelight vigil outside the Albuquerque Convention Center (courtesy Drug Policy Alliance)
As DPA's Ethan Nadelmann said before and repeated at the conference's opening session: "We are the people who love drugs, we are the people who hate drugs, we are the people that don't care about drugs," but who do care about the Constitution and social justice. "The wind is at our backs," Nadelmann chortled, echoing and amplifying the sense of progress and optimism that pervaded the conference like never before.

For three days, conference-goers attended a veritable plethora of panels and breakout sessions, with topics ranging from the drug war in Mexico and South America to research on psychedelics, from implementing harm reduction policies in rural areas to legalizing marijuana, from how to organize for drug reform to what sort of treatment works, and from medical marijuana to prescription heroin.

It was almost too much. At any given moment, several fascinating panels were going on, ensuring that at least some of them would be missed even by the most interested. The Thursday afternoon time bloc, for example, had six panels: "Medical Marijuana Production and Distribution Systems," "After Vienna: Prospects for UN and International Reform," "Innovative Approaches to Sentencing Reform," "Examining Gender in Drug Policy Reform," "Artistic Interventions for Gang Involved Youth," and "The Message is the Medium: Communications and Outreach Without Borders."

The choices weren't any easier at the Friday morning breakout session, with panels including "Marijuana Messaging that Works," "Fundraising in a Tough Economy," "Congress, President Obama, and the Drug Czar," "Zoned Out" (about "drug-free zones"), "Psychedelic Research: Neuroscience and Ethnobotanical Roots," "Opioid Overdose Prevention Workshop," and "Border Perspectives: Alternatives to the 40-Year-Old War on Drugs."

People came from all over the United States -- predominantly from the East Coast -- as well as South Africa, Australia, Canada, Europe (Denmark, England, France, Hungary, the Netherlands, Poland, Portugal, Scotland, and Switzerland), Latin America (Argentina, Brazil, Colombia, and Mexico), and Asia (Cambodia and Thailand).

Medical marijuana was one of the hot topics, and New Mexico, which has just authorized four dispensaries, was held up as a model by some panelists. "If we had a system as clear as New Mexico's, we'd be in great shape," said Alex Kreit, chair of a San Diego task force charged with developing regulations for dispensaries there.

"Our process has been deliberate, which you can also read as 'slow,'" responded Steve Jenison, medical director of the state Department of Health's Infectious Disease Bureau. "But our process will be a very sustainable one. We build a lot of consensus before we do anything."

Jenison added that the New Mexico, which relies on state-regulated dispensaries, was less likely to result in diversion than more open models, such as California's. "A not-for-profit being regulated by the state would be less likely to be a source of diversion to the illicit market," Jenison said.

For ACLU Drug Policy Law Project attorney Allen Hopper, such tight regulation has an added benefit: it is less likely to excite the ire of the feds. "The greater the degree of state involvement, the more the federal government is going to leave the state alone," Hopper said.

At Friday's plenary session, "Global Drug Prohibition: Costs, Consequences and Alternatives," Australia's Dr. Alex Wodak amused the audience by likening the drug war to "political Viagra" in that it "increases potency in elections." But he also made the more serious point that the US has exported its failed drug policy around the world, with deleterious consequences, especially for producer or transit states like Afghanistan, Bolivia, Colombia, Mexico, and Peru.

At that same session, former Mexican foreign minister Jorge Castaneda warned that Latin American countries feel constrained from making drug policy reforms because of the glowering presence of the US. Drug reform is a "radioactive" political issue, he said, in explaining why it is either elder statesmen, such as former Brazilian President Cardoso or people like himself, "with no political future," who raise the issue. At a panel the following day, Castaneda made news by bluntly accusing the Mexican army of executing drug traffickers without trial. (See related story here).

It wasn't all listening to panels. In the basement of the Albuquerque Convention Center, dozens of vendors showed off their wares, made their sales, and distributed their materials as attendees wandered through between sessions. And for many attendees, it was as much a reunion as a conference, with many informal small group huddles taking place at the center and in local bars and restaurants and nearby hotels so activists could swap experiences and strategies and just say hello again.

The conference also saw at least two premieres. On the first day of the conference, reporters and other interested parties repaired to a Convention Center conference room to see the US unveiling of the British Transform Drug Policy Foundation publication, After the War on Drugs: A Blueprint for Legalization, a how-to manual on how to get to drug reform's promised land. Transform executive director Danny Kushlick was joined by Jack Cole of Law Enforcement Against Prohibition, Sanho Tree of the Institute for Policy Studies, Deborah Small of Break the Chains, and DPA's Nadelmann as he laid out the case for moving beyond "what would it look like."

"There's never been a clear vision of a post-prohibition world," said Kushlick. "With this, we've tried to reclaim drug policy from the drug warriors. We want to make drug policy boring," he said. "We want not only harm reduction, but drama reduction," he added, envisioning debates about restrictions on sales hours, zoning, and other dreary topics instead of bloody drug wars and mass incarceration.

"As a movement, we have failed to articulate the alternative," said Tree. "And that leaves us vulnerable to the fear of the unknown. This report restores order to the anarchy. Prohibition means we have given up on regulating drugs; this report outlines some of the options for regulation."

That wasn't the only unveiling Thursday. Later in the evening, Flex Your Rights held the first public showing of a near-final version of its new video, 10 Rules for Dealing with Police. The screening of the self-explanatory successor to Flex Your Right's 2003 "Busted" -- which enjoyed a larger budget and consequently higher production level -- played to a packed and enthusiastic house. This highly useful examination of how not to get yourself busted is bound to equal if not exceed the break-out success of "Busted." "10 Rules" was one of a range of productions screened during a two-night conference film festival.

The conference ended Saturday evening with a plenary address by former New Mexico Gov. Gary Johnson, who came out as a legalizer back in 2001, and was welcomed with waves of applause before he ever opened his mouth. "It makes no sense to spend the kind of money we spend as a society locking up people for using drugs and using the criminal justice system to solve the problem," he said, throwing red meat to the crowd.

We'll do it all again two years from now in Los Angeles. See you there!

Latin America: Former Mexican Foreigner Minister Accuses Army of Extra-Judicial Executions in Drug War

Jorge Castañeda, Mexico's foreign minister under President Vicente Fox, said Saturday that the Mexican military is engaging in the extrajudicial execution of members of drug trafficking organizations. The frank and surprising comments came as Castañeda spoke on a panel at the 2009 International Drug Policy Reform Conference in Albuquerque, New Mexico.

http://www.stopthedrugwar.org/files/jorgecastaneda.jpg
Jorge Castañeda
"We are having more and more 'false positives,'" Castañeda said, referring to a term used in Colombia to describe people executed by the military and then described as guerrillas killed in combat. "Here in Mexico, apparent gang war killings are in fact being carried out by the military. Every time the cartels catch the police and military infiltrators and slice them up, the army says 'We're taking out ten of yours.' The statistics say that 90% of the killings are within the cartels, but the army is engaging in these killings."

President Felipe Calderon deployed the military against the so-called cartels in December 2006. Since then, more than 15,000 people have been killed in prohibition-related violence in Mexico, including more than 6,000 so far this year. Hundreds of police and soldiers are among the dead.

In response to a question asking for documentation of his assertions, Castañeda said: "The only known incident was a town in Chihuahua where the bodies of 29 sicarios (assassins) were found, with witnesses who said this was after they were detained. The press has not wanted to investigate this."

But the military can't keep its mouth shut, Castañeda said. "They go to bars and restaurants and get drunk and talk and they are going around saying how many people they have knocked off," he reported. "The 12 military officers killed by the cartels in Michoacan -- that's why the army went out and killed a bunch of other people."

Castañeda's comments come as the US State Department is preparing the process of certifying Mexican compliance with human rights conditions as part of the $1.4 billion Plan Merida anti-drug assistance package. The bill authorizing the aid requires that portions of it be withheld if the State Department determines Mexico is not in compliance.

Castañeda also criticized President Obama for turning a blind eye to human rights violations by the Mexican military. "Obama regrettably said that the human rights violations he was most concerned with was with the victims of the drug war," the former diplomat noted.

Asia: Drug Users Form Regional Organization

In a meeting in Bangkok last weekend, more than two dozen drug users from nine different countries came together to put the finishing touches on the creation of a new drug user advocacy organization, the Asian Network of People who Use Drugs (ANPUD). The Bangkok meeting was the culmination of a two-year process began at a meeting of the International Congress on AIDS in Asia and the Pacific in Colombo, Sri Lanka, in 2007, and resulted in the creation of a constitution and the selection of a steering committee for the new group.

http://www.stopthedrugwar.org/files/anpud.jpg
ANPUD group photo
ANPUD adopts the principles of MIPUD (Meaningful Involvement of People who Use Drugs), and in doing so, aligns itself with other drug user advocacy groups, including the International Network of People who Use Drugs (INPUD), of which ANPUD is an independent affiliate, the Australian Injection and Illicit Drug Users League (AIVL),the Vancouver Area Network of Drug Users, and the Nothing About Us Without Us movement.

ANPUD currently has more than 150 members and sees its mission to advocate for the rights of drug users and communities before national governments and the international community. There is plenty to do. Asia has the largest number of drug users in the world, but is, for the most part, woefully retrograde on drug policy issues. Not only do drug users face harsh criminal sanctions -- up to and including the death penalty -- but Asian countries have the lowest coverage of harm reduction services in the world. Access to harm reduction programs, such as needle exchanges and opioid maintenance therapy, is extremely limited.

"People who use drugs are stigmatized, criminalized and abused in every country in Asia," said Jimmy Dorabjee, a key figure in the formation of ANPUD. "Our human rights are violated and we have little in the way of health services to stay alive. If governments do not see people who use drugs, hear us and talk to us, they will continue to ignore us."

The Director of the UNAIDS Regional Support Team, Dr. Prasada Rao, spoke of the urgent need to engage with drug user networks and offered his support to ANPUD, saying that "For UNAIDS, HIV prevention among drug users is a key priority at the global level." Rao continued, "I am very pleased today to be here to see ANPUD being shaped into an organization that will play a key role in Asia's HIV response. It is critical that we are able to more effectively involve the voices of Asian people who use drugs in the scaling up of HIV prevention services across Asia."

"When I go back home, I am now responsible for sharing the experiences with the 250 or so drug users who are actively advocating for better services at the national level," said Nepalese drug user and newly elected steering committee member Ekta Thapa Mahat. "It will be a great way for us to work together and help build the capacity of people who use drugs in Asia."

"The results of the meeting exceeded my expectations," said Ele Morrison, program manager for AVIL's Regional Partnership Project. "The participants set ambitious goals for themselves and they have achieved a lot in just two days to set up this new organization. The building blocks for genuine ownership by people who use drugs is definitely there."

While the meetings leading to the formation were organized and managed by drug users, the process received financial support from the World Health Organization, the UNAIDS Regional Task Force, and AIVL.

Asia: Drug Users Form Regional Drug User Organization

In a meeting in Bangkok last weekend, more than two dozen drug users from nine different countries came together to put the finishing touches on the creation of a new drug user advocacy organization, the Asian Network of People who Use Drugs (ANPUD). The Bangkok meeting was the culmination of a two-year process began at a meeting of the International Congress on AIDS in Asia and the Pacific in Colombo, Sri Lanka, in 2007, and resulted in creating a constitution and selecting a steering committee for the new group. ANPUD adopts the principles of MIPUD (Meaningful Involvement of People who Use Drugs), and in doing so, aligns itself with other drug user advocacy groups, including the International Network of People who Use Drugs (INPUD), of which ANPUD is an independent affiliate, the Australian Injection and Illicit Drug Users League (AIVL),the Vancouver Area Network of Drug Users, and the Nothing About Us Without Us movement. ANPUD currently has more than 150 members and sees its mission to advocate for the rights of drug users and communities before national governments and the international community. There is plenty to do. Asia has the largest number of drug users in the world, but is, for the most part, woefully retrograde on drug policy issues. Not only do drug users face harsh criminal sanctions—up to and including the death penalty—but Asian has the lowest coverage of harm reduction services in the world. Access to harm reduction programs, such as needle exchanges and opioid maintenance therapy, is extremely limited. "People who use drugs are stigmatized, criminalized and abused in every country in Asia," said Jimmy Dorabjee, a key figure in the formation of ANPUD. "Our human rights are violated and we have little in the way of health services to stay alive. If governments do not see people who use drugs, hear us and talk to us, they will continue to ignore us." The Director of the UNAIDS Regional Support Team, Dr. Prasada Rao, spoke of the urgent need to engage with drug user networks and offered his support to ANPUD, saying that "For UNAIDS, HIV prevention among drug users is a key priority at the global level," said Dr. Prasada Rao, director of the UNAIDS Regional Support Team. "I am very pleased today to be here to see ANPUD being shaped into an organization that will play a key role in Asia's HIV response. It is critical that we are able to more effectively involve the voices of Asian people who use drugs in the scaling up of HIV prevention services across Asia." "When I go back home, I am now responsible for sharing the experiences with the 250 or so drug users who are actively advocating for better services at the national level," said Nepalese drug user and newly elected steering committee member Ekta Thapa Mahat. "It will be a great way for us to work together and help build the capacity of people who use drugs in Asia." "The results of the meeting exceeded my expectations," said Ele Morrison, program manager for AVIL's Regional Partnership Project. "The participants set ambitious goals for themselves and they have achieved a lot in just two days to set up this new organization. The building blocks for genuine ownership by people who use drugs is definitely there." While the meetings leading to the formation were organized and managed by drug users, the process received financial support from the World Health Organization, the UNAIDS Regional Task Force, and AIVL.
Location: 
Bangkok
Thailand

Southeast Asia: New Indonesian Drug Law Draws Human Rights Criticisms

After four years of debate, Indonesia's parliament passed a new drug law Monday. It was immediately criticized by reformers on numerous counts.

The new law maintains the death penalty for some drug offenses, criminalizes drug addiction, and makes it a crime for parents to fail to report their addicted children to authorities. The law also transfers responsibility for fighting drug trafficking from the government to civil society.

"The drugs law will save our children and young generation. It will be essential in the fight against drug trafficking," said Minister for Law and Human Rights Andi Mattalatta after the bill was passed. "Currently, drug dealing is not only conducted by individuals but by drugs syndicates that operate neatly," he said.

But the Indonesian Coalition for Drug Policy Reform (ICDPR) begged to differ. "This law classifies drug addicts as criminals and therefore subjects them to criminal charges, while doctors have said that drug addiction is a curable disease," Asmin Francisca, the group's coordinator told reporters outside parliament's plenary session hall. "The law should have recognized that a proper solution to drug addiction is to empower drug addicts, not to punish them as criminals."

Asmin warned that the article in the law transferring responsibility for fighting trafficking from the government to civil society could lead to vigilante justice. "The article, however, does not clearly elaborate on what kind of civil participation is needed to fight the war against drug trafficking," she said. "Without clear regulations, the law is open to many forms of exploitation by civil groups, including acts of vigilantism."

Asmin also condemned the retention of the death penalty for some drug offenses.
"Death penalties are not in line with the purpose of modern criminal charges that aim to rehabilitate a person rather than punish them for their actions," she said. "Basically, I believe this law is not in line with the basic principles of human rights."

According to the Indonesian National Narcotics Agency's extremely precise figures, there are 27,000 drug users in the country, including 12,689 aged 30 or older, 6,790 between 25 and 29, 5,720 between 20 and 24, 1,747 between 16 and 19, and 109 users under the age of 16.

Southeast Asia: Indonesian Parliament Enacts New Drug Law; Reformers Criticize it on Human Rights Grounds

After four years of debate, Indonesia’s parliament passed a new drug law Monday. It was immediately criticized by reformers on numerous counts. The new law maintains the death penalty for some drug offenses, criminalizes drug addiction, and makes it a crime for parents to fail to report their addicted children to authorities. The law also transfers responsibility for fighting drug trafficking from the government to civil society. "The drugs law will save our children and young generation. It will be essential in the fight against drug trafficking,” said Minister for Law and Human Rights Andi Mattalatta after the bill was passed. “Currently, drug dealing is not only conducted by individuals but by drugs syndicates that operate neatly," But the Indonesian Coalition for Drug Policy Reform (ICDPR) begged to differ. “This law classifies drug addicts as criminals and therefore subjects them to criminal charges, while doctors have said that drug addiction is a curable disease,” Asmin Francisca, the group’s coordinator told reporters outside parliament’s plenary session hall. “The law should have recognized that a proper solution to drug addiction is to empower drug addicts, not to punish them as criminals.” Asmin warned that the article in the law transferring responsibility for fighting trafficking from the government to civil society could lead to vigilante justice. “The article, however, does not clearly elaborate on what kind of civil participation is needed to fight the war against drug trafficking,” she said. “Without clear regulations, the law is open to many forms of exploitation by civil groups, including acts of vigilantism.” Asmin also condemned the retention of the death penalty for some drug offenses. “Death penalties are not in line with the purpose of modern criminal charges that aim to rehabilitate a person rather than punish them for their actions,” she said. “Basically, I believe this law is not in line with the basic principles of human rights.” According to the Indonesian National Narcotics Agency’s extremely precise figures, there are 27,000 drug users in the country, including 12,689 aged 30 or older, 6,790 between 25 and 29, 5,720 between 20 and 24, 1,747 between 16 and 19, and 109 users under the age of 16.
Location: 
Jakarta
Indonesia

Feature: Mexico and Argentina Enact Drug Decriminalization

In the last eight days, the decriminalization of drug possession has gone into effect for 150 million Latin Americans. Last Thursday, as part of a broader bill, Mexico (pop. 110 million) decriminalized the possession of small amounts of all drugs through the legislative process. Four days later, the Argentine Supreme Court declared unconstitutional that country's law criminalizing drug possession. While the Argentine case involved marijuana possession, the ruling clears the way for the government to draft a new law decriminalizing all drug possession.

http://www.stopthedrugwar.org/files/latinamericamap.gif
Latin America map (usaid.gov)
The shift in policies toward drug users in the two countries is a dramatic indication of the seismic shift in drug policy already well underway in Latin America. Colombia's high court declared the law against drug possession unconstitutional in 1994. Brazil has had a version of decriminalization since 2006 -- users cannot be imprisoned, but can be forced into treatment, educational programs, or community service -- and Uruguay now allows judges to determine if someone in possession of drugs intended to use them or sell and to act accordingly. Movement toward decriminalization is also underway in Ecuador.

That reformist zeitgeist is perhaps best encapsulated in the Latin American Commission on Drugs and Democracy, led by former presidents Cesar Gaviria of Colombia, Ernesto Zedillo of Mexico, and Enrique Cardoso of Brazil. In its report earlier this year, Drugs and Democracy: Toward a Paradigm Shift, the commission called for decriminalization of drug use, especially marijuana, and treating drug use as a public health -- not a law enforcement -- issue. A similar commission got underway in Brazil last week.

"Decriminalization permits a distinction between users and drug traffickers," said John Walsh of the Washington Office on Latin America. "This allows governments to focus their efforts in reducing the terrible harms caused by the big criminal networks and the violence related to the illicit traffic, instead of repressing users and small-scale dealers."

"What's happened in Mexico and now Argentina is very consistent with the broader trend in Europe and Latin America in terms of decriminalizing small amounts of drugs and promoting alternatives to incarceration and a public health approach for people struggling with drug addiction," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "The decision in Argentina reminds me of similar rulings in Colombia more than a decade ago and in Germany before that, and, more generally, what's been going on in the Netherlands, Portugal, and Switzerland. In some cases, there is a legal or constitutional notion about personal sovereignty or autonomy, but there is also a recognition of the failures of the drug war approach vis a vis low-level offenders. There is a kind of human rights element that you see popping up in both contexts," Nadelmann said.

But the devil is in the details. Mexico's decriminalization, for example, comes as part of a broader law aimed at "narcomenudeo," or small-scale drug dealing. In addition to decriminalizing drug possession, the law for the first time allows state and local authorities to arrest and prosecute drug offenders. Previously, such powers had been the sole province of federal authorities. The new law also allows police to make undercover drug buys, a power they did not previously possess. (To read the full text of the law in Spanish, go to page 83 of the Official Daily.)

Under the Mexican law, the amounts of various drugs decriminalized are as follows:

  • opium -- 2 grams
  • cocaine -- 1/2 gram
  • heroin -- 1/10 gram
  • marijuana -- 5 grams
  • LSD -- 150 micrograms
  • methamphetamine -- 1/5 gram
  • ecstasy -- 1/5 gram

For Mexican drug reformers, the law is definitely a mixed bag. The Collective for an Integral Drug Policy, a Mexico City-based reform think-tank, felt compelled to note that while "the law represents certain advances... it could have very negative consequences for the country" because the public health and human rights perspectives are not implicated strongly enough in it.

While the collective applauded the law's distinctions between consumer, addict, and criminal; its rejection of forced drug treatment, its lip service to harm reduction, and its recognition of the traditional, ritual use of some substances, it challenged other aspects of the law. "It focuses on intensifying a military and police strategy that has proven to be a failure," the collective said, alluding to the more than 12,000 people killed in prohibition-related violence since President Felipe Calderon unleashed the military against the cartels in December 2006.

"The law will criminalize a vast group of people who make a living off the small-time dealing of drugs, but who in reality do not consciously form part of organized crime," but who are instead merely trying to make a living, the collective argued. "Imprisoning them will not diminish the supply of drugs on the street, nor will it improve public security, yet it will justify the war on drugs, since the government will be able to boast of the number of people incarcerated with this policy."

"Mexican decriminalization will have no impact whatsoever on the broader issues of drug trafficking and violence," agreed Nadelmann. "From the legal and institutional perspective, this is very, very significant, but in terms of actual impact on the ground in Mexico, that remains to be seen."

The collective also criticized the law's provision allowing police to make drug buys to nab small-time dealers and warned that the small quantities of drugs decriminalized "are not realistic" and will as a consequence lead to "a significant increase in corruption and extortion of consumers by police forces."

University of Texas-El Paso anthropologist Howard Campbell, who has studied the street drug scene across the river in Ciudad Juarez, was more cynical. "It was a good move by the government to make that distinction between users and traffickers, but I'm not sure what the effects of the law will be," he said. "All over Mexico, cops prey on junkies, and one effect of this might be to give low-down junkies a bit of a break from the cops. On the other hand, street-level drug dealing is often controlled by the cops... but if the cops are corrupt and in control, it doesn't really matter what the law says."

Campbell also doubted the new law would have much effect in reducing the prohibition-related violence. "I don't think it will have much initial impact, but still, the overarching importance of this law is symbolic. It shows that governments can revamp their policies, not just keep on working with failed ones," he said.

In Argentina, the situation is less dire and the reform is less ambiguous. On Tuesday, the Argentine Supreme Court, ratifying a series of lower court decisions in recent years, declared that the section of the country's drug law that criminalizes drug possession is unconstitutional. While the ruling referred only to marijuana possession, the portion of the law it threw out makes no distinction among drugs.

The decision came in the Arriola case, in which a group of young men from the provincial city of Rosario were each caught with small amounts of marijuana, arrested, and convicted. Under Argentina's 1989 drug law, they faced up to two years in prison.

But imprisoning people absent harm to others violated constitutional protections, a unanimous court held. "Each individual adult is responsible for making decisions freely about their desired lifestyle without state interference," their ruling said. "Private conduct is allowed unless it constitutes a real danger or causes damage to property or the rights of others. The state cannot establish morality."

"It is significant that the ruling was unanimous," said Martin Jelsma, coordinator of the Drugs and Democracy program at the Transnational Institute, which has worked closely with Latin American activists and politicians on drug reform issues. "It confirms the paradigm shift visible throughout the continent, which recognizes that drug use should be treated as a public health matter instead of, as in the past, when all involved, including users, were seen as criminals."

That paradigm shift has also occurred within the current Argentine government of President Cristina Kirchner, which favors a public health approach to drug use. The government has been waiting on this decision before moving forward with a bill that would decriminalize possession of small quantities of all drugs.

"The declaration of the unconstitutionality of the application of the drug law for marijuana possession is a great advance since it eliminates the repressive arm from a problem that should be confronted with public health policies," said Intercambios, an Argentine harm reduction organization. "Whatever retreat in the application of the criminal law in relation to drug users is positive; not only to stop criminalizing and stigmatizing users, but to permit the advance of educational, social, and health responses that are appropriate for this phenomenon."

Some Argentine harm reductionists warned that while the ruling was of transcendent importance, its real impact would be measured by its effect on the policies of the state. "In the vertical sense, it should oblige all the judges in the country to take heed of this declaration of the unconstitutionality of punishing drug possession for personal use," said Silvia Inchaurraga of the Argentine Harm Reduction Association (ARDA). "In the horizontal sense, it should force all the agencies of the state involved in drug policy to redefine their involvement to guarantee that they do not fail to comply with international human rights treaties subscribed to by the country," she added.

For the Argentine section of the global cannabis nation, it was a happy day. "Wow! This feels like honest good vibrations from the Supreme Court and the government," said Argentine marijuana activist Mike Bifari. "They really do have this new policy of generally being more tolerant and talking about human rights in the drug issue nationally and internationally, instead of that tired old war on drugs."

The Supreme Court decision will pave the way to full decriminalization, he said. "Although this was a marijuana case, the current law is about all types of drugs," said Bifari. "Now we have to wait for the government's scientific committee to come up with a draft of a new drug law, and that will be the government's bill in the congress. We think there are going to be lot of media debates and lots of discussion, and what we will try to do is to occupy all the different cultural spaces and try to advance on issues such as access and medical marijuana."

And so the wheel turns, and the United States and its hard-line drug policies are increasingly isolated in the hemisphere. As anthropologist Campbell noted, "This is happening all over Latin America. You'd think we might be able to do it here, too."

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School