Combating Drugs: Laws and Policies - Essay Example

Combating Drugs: Laws and Policies Introduction Drug abuse and drug trafficking that plagued the international community and governments in the latter half of the 20th century continues to be an increasing worry for several countries in the new millennium. The global war on drugs is being earnestly fought as much by international institutions as by individual nations, though the signs of victory remain largely elusive to this day. The United Nations forges new international agreements on combating the drugs menace at almost regular intervals and tries to involve more and more nations in advocacy, campaign, and enforcement. On the 50th anniversary of the Universal Declaration of Human Rights (1998), the UN also celebrated the tenth anniversary of the Vienna Convention on Drug Trafficking, and reaffirmed the resolve to intensify international efforts to eradicate this evil. This paper attempts to briefly examine the impact of laws and policies in this ongoing war, and to suggest possible changes and measures in order to accelerate the pace of international efforts in curbing the drugs menace. The Scope The war against drugs has assumed global dimensions, and almost resembles the crusades. The problem has apparently assumed alarming proportions primarily due to years of inaction by several governments, apart from the lack of clear policies, laws, and implementing machinery relating to drugs. Increasing drug use as such is not seen as the major culprit in compounding the crisis. It is estimated that in the U.S. alone, illegal drug trafficking accounts for over 8% of international trade revenues, totaling US$400 billion annually (Riley, 2001). Among other things, the evils propagated by the mushrooming drug industry include the following: Organized network of criminals and drug-related crimes Spurt in violence and harm induced by drug use, especially among adolescents Increased economic offenses, such as money laundering, and black money generation Erosion of societal values, and impacts on the education and formation of children Adverse impacts on public health promotion and policies Spread of HIV/AIDS through common sharing of needles and syringes in drug use Growing corruption among government and police officials due to the drugs nexus “The need for an integrated approach to drug control is now well accepted, and was endorsed by the international community with the establishment in 1990 of the UN’s Global Program of Action” (Knaack, 1995, p. 349). This Program set out to implement “balanced strategies that are comprehensive and multidisciplinary in scope” and targeted at “combating all aspects of drug abuse and illicit trafficking” (1995), apart from tackling certain other related problems, such as: Illicit demand for narcotic drugs and psychotropic substances Illicit production, storage, distribution, and sale of drugs Illicit trafficking and illegal cultivation of drug-related crops Money laundering and tax evasion Other forms of misuse of financial and banking channels While promoting these international efforts, the UN warned: Unless tougher, more consistent and better-organized international action can be mounted against trafficking, we will continue to pour tens of thousands of billions of dollars into the ‘war against drugs’ without rooting out the evil. The potential profits are so enormous that major traffickers will always have an interest in stimulating demand and production (1995). Current Laws and Policies Several countries across the world have enacted laws and formulated policies to fight the drugs menace. Apart from the U.S., twelve member States of the European Union (EU) have forged agreements relating to the general principles for facilitating the prevention and control of illegal drug use; confronting the illicit transnational trade in drugs; promoting harm reduction measures to minimize the adverse health effects of drug use; and for fighting crimes and nuisance due to illicit drug use. By and large, most countries have realized the importance of international understanding, cooperation, and concerted action in combating the drugs problem. As Diane Riley (2001) noted: “It seems wisest to develop international, national, and local policies which prevent drug abuse and minimize the harm caused by drug abuse.” Drug laws usually differ from nation to nation in content, offenses, and penalties. Likewise the responsibility for collecting and disseminating data relating drug-related offenses also varies. Despite stringent laws, several countries such as the U.S., Canada, and EU States have found that ongoing international policing efforts to control illicit drug trafficking and trade have not shown spectacular results, nor succeeded in stopping drugs from flooding the illegal markets. In the U.S., Title 21 (Food and Drugs) Chapter 13 contains detailed provisions relating to “Drug Abuse Prevention and Control” (DEA, 2005). These include drug control and enforcement standards and provisions; authorities, rules, regulations; international treaties, protocols and conventions concerning drug control; registration of manufacturers and distributors of drugs and other controlled substances; revocation/suspension of registration; labeling and packing; production quotas; import and export; reports and documentation; offenses, unlawful acts, and penalties; illegal possession of drugs, and continuing criminal enterprise; administrative provisions; education and research, etc. The majority of booked drug offenses pertained either to the use of drugs or the possession for use. In Italy, Netherlands, and Spain, dealing or trafficking in drugs is treated as criminal offenses, although drug use as such is not an offense. In Australia, drug laws, policies and programs since 1985 focus more on harm reduction rather than criminalization and incarceration. The efforts are directed toward improving health, minimizing drug-related harm, and maximizing social and economic support for individuals and community. Approaches are integrated under three major streams: reduce supplies, decrease demand, and reduce harm (Drugwarfacts, 2005). Drug control laws and policies in many EU countries, as also the U.S. and Canada, have been showing a growing disenchantment with criminalization and imprisonment as tools in combating drugs menace. They find stringently punitive provisions and repressive policies largely ineffective. Instead they are increasingly advocating reform, education, decriminalization, and harm reduction as major goals in this direction (CSDP, 2005). Other recommended approaches include effective treatment of victims or addicts, social support, needle and syringe exchange programs, and limited sanctions that do not result in depriving citizens of liberty (such as fines, warning, etc). The Danish drug policy is anchored on “persistent and targeted prevention, intervention, multi-pronged optional coordinated treatment and effective control” (Drugwarfacts, 2005). Deprivation in childhood, and lack of contact and guidance from adults, as also marginalization in education and training tend to make children victims of drug abuse. In Denmark, the penalty for possession of drugs for one’s own use is fine for the first instance. In Belgium, a Political Note issued by the government in January 2001 revealed plans to revise the existing drug law with a view “to make non-problematic use of cannabis non-punishable” while ensuring that the production, sale, or ownership of large quantity of such drugs that cause “unsociable behavior” is “actively prosecuted” (2005). Likewise drug use and possession cases involving public nuisance, minors, or use in public premises or schools will undergo prosecution. An observation in the Note is interesting: “The judge will no longer interfere in the lives of people who use cannabis on a personal basis and who do not create harm or do not show dependence” (2005). Lacunae in Current Policies The existing laws and policies in most countries are anchored on criminalization and imprisonment, coupled with stringent penalties for drug-related offenses. Raymond Kendall, Secretary General of Interpol remarked: “ The prosecution of thousands of otherwise law-abiding citizens every year is both hypocritical and an affront to individual, civil, and human rights” (Riley, 2001). This regime suffers from the following drawbacks, among other things: Increasing cases of violation of human rights arising from harsh drug war strategies Excessive punishments and avoidable prosecution of probable innocents Costly control measures and supply reduction moves Social alienation of victims and increasing psychological aberrations Filling of prisons with drug-related offenders Neglect of public health priorities Diversion of funds meant for educational and social development, and healthcare Promotion of drug-related black markets and economic violations due to highly prohibitive drug laws Growing pandemics of HIV infections from injection-based drug use Recommended Solutions The United States spends on an average US$20 billion every year toward the war on drugs with little success. The time has come for overhauling the strategy with a view to making the citizens healthier and safer. The alternative strategy would be two-pronged. Firstly, international coordination efforts will be intensified to bring in uniform drug laws and policies aimed at hitting the supply-demand nexus and illicit trafficking. Secondly, social support, awareness and health-oriented programs will be intensified. This will not only help in protecting children and saving families, but also contribute toward maintaining traditional values, apart from substantial cost reduction in control measures. This strategy will, among other things, take into account eight basic steps recommended by the National Coalition for Effective Drug Policies (Washington, D.C.): 1. Shifting resources into programs that work and deliver 2. Making treatment of drug-abuse victims a priority 3. Educating youth to prevent drug abuse 4. Directing law enforcement efforts toward the “most dangerous and violent criminals” 5. Demilitarizing international drug control campaigns and concentrating on economic development 6. Restoring justice to the U.S. Justice system 7. Appreciating new approaches and respecting the rights of States 8. Making prevention a priority Impact Analysis This revised strategy has the potential to succeed, and to be more acceptable in the international community as much as the local and national communities. However, on the downside, getting other nations to come to an understanding on the common agenda would certainly pose problems and require a lot of time and effort. Similarly demilitarizing control measures and operations may in the first instance give encouragement to drug cartels that need to be tackled. However, with coordinated efforts by the concerned nations, this can eventually be neutralized and success attained. Conclusion The war on drugs is well drawn out into the new millennium. It takes international communities, nations and individuals a lot of efforts, expenses, and strategies to emerge victorious in this growing evil that has been eroding societal values, health, and law and order in several countries across the world for decades. With a common will, understanding, and concerted action from all those involved, this menace can certainly be eradicated in the long run. References CSDP. (2005, December 19). International drug policy reform. Retrieved December 20, 2005, from www.csdp.org. DEA (2005). Drug abuse prevention and control. Title 21: Food and Drugs. U.S. Drug Enforcement Administration. Retrieved December 20, 2005, from http://usdoj.gov/dea/pubs/csa.html. Drugwarfacts. (2005). International facts, policies, and trends. Retrieved December 19, 2005 from www.drugwarfacts.org/internat.htm. Knaack, F. (1995). Policies and Strategies to combat drugs in Europe. The Netherlands: Martinus Nijhoff. Riley, D. (2001, July 24). Drugs and drug policy in Canada: A brief review and commentary. CFDP (Canadian Foundation for Drug Policy). Retrieved December 19, 2005, from www.cfdp.ca/sen1841.htm. Read More