Making legitimacy: Drug user representation in United Nations drug policy settings

BackgroundThe importance of engaging people who use drugs in drug policy development is increasingly acknowledged including in recent UN documents. Little scholarly attention has been paid to ‘drug user representation’ in the global drug policy setting of the UN such as the Commission on Narcotic Drugs (CND). This paper examines ‘drug user representation’ in key UN drug policy processes over three decades.MethodA mapping process was undertaken using a corpus of publicly available documents from the UNGASS on Drugs and associated CND processes to identify relevant policy processes from 1987 to 2019 (n = 15) which were then assess for presence/absence of ‘drug user representation’. Those processes with positive evidence of ‘drug user representation’ (n = 9) were critically interrogated across three co-constitutive domains of the subjects, objects and forms of ‘drug user representation’.ResultsOur analysis shows that despite calls for greater involvement, dominant UN drug policy discourses and other practices delimit both the political subjectivities available to people who use/have used drugs and their capacity to bring their voices to bear in this context. The analysis also highlights that human rights-based discourses, employed by ‘drug user representatives’, have emerged as an important practice of resistance against the problematic and delimiting power effects of existing UN discourses, governing practices and modes of engagement.ConclusionsIn addition to the practices of resistance being undertaken by ‘drug user representatives’, we suggest there is a need to improve how ‘drug user representation’ is being made possible and done in the sites of UN drug policy deliberation and, that these sites should be opened for questioning. This we argue will not only have a positive impact on political legitimacy for ‘drug user representation’, but on the health and human rights of people who use/have used drugs.     

Towards revision of the UN drug control conventions: Harnessing like-mindedness

BackgroundAlmost all nations are currently parties to the UN international drug control conventions of 1961, 1971 and 1988; treaties that taken together form what can be usefully called the global drug prohibition regime. Despite interpretative tensions around some national policy approaches that deviate from punitive prohibition, the inherent flexibility within the conventions permit members of the regime some policy space at the national level. Should they wish to do so, however, states already pushing at the limits of the regime would only be able to expand such national policy space via an alteration in their relationship to the UN drug control conventions and the prohibitive norm at the regime's core.MethodThe article applies an international relations approach, including examples from the UN system in general and other issue areas in particular, to explore how the formation and operation of a group, or groups, of like-minded nations may offer a route towards some form of substantive treaty revision.ResultsAlthough common in other areas of international concern, the varied nature of dissatisfaction with the prohibitive ethos of the regime combines with the character of drug policy to generate specific dilemmas for the like-minded group (LMG) approach. Nonetheless, within the current policy environment it is plausible to foresee the construction of groupings around a number of themes: traditional and religious drug use, cannabis regulation, technical issues relating to inconsistencies within the conventions and UN system-wide coherence. These potential groups provide the basis for a number of possible scenarios for treaty revision and highlight essential commonalities of approach that should be considered whatever the route towards reform.ConclusionThe increasingly obvious weaknesses within, tensions around and negative consequences of the regime in its current form make a recalibration of the UN drug control conventions via an LMG approach an enterprise worthy of time and effort.     

Deadly serious: The United Nations,drugs, and capital punishment in the 1980s

BackgroundResearch into capital punishment has focussed on the length of time it will take to abolish. It will take decades or centuries. A key moment in the movement to abolish the death penalty was the 1980s when the Second Optional Protocol to the ICCPR was developed. This was also the decade that the last significant changes were made to the United Nations drug conventions. At the time, awareness of the issue of capital punishment for drug offences was increasing around the world as more people were getting executed. This article looks at how western countries and the United Nations responded to Malaysia which introduced the mandatory death penalty for drug offences in 1982.MethodsOver 30,000 pages of documents have been accessed through the National Archives of Australia in Canberra. These have been photographed, scanned and converted to OCR. The most relevant folders have then been analysed through NVivo 12 to look for relevant mentions of the research question: capital punishment and Malaysia. All probative data is then presented in the article.ResultsThe data from National Archives suggests that the UN, Australia, and other western countries were happy to continue supporting Malaysia's drug policy and to elect it to high positions at UN meetings despite their public proclamations that they were opposed to the death penalty.ConclusionApplying a critical juncture approach, the article concludes that the 1980s was a critical juncture in the movement to abolish the death penalty but abolitionist countries allowed capital punishment to continue for drug offences. This may have set back the abolition movement by decades.     

Change is Possible: The History of the International Drug Control Regime and Implications for Future Policymaking

The article, based upon an extensive literature review, reconstructs and analyzes the parallel evolution of the international drug control regime and the world opiate market, assessing the impact of the former on the latter until the rise of present-day mass markets. It shows that, since its inception, the regime has focused almost entirely on matters of supply. However, that focus has not always meant “prohibition”; until 1961, the key principle of the regime was “regulation.” Given the different forms drug control policy has taken in the past, the authors conclude it may be amenable to new forms in the future.     

Drugs as an existential threat: An analysis of the international securitization of drugs

The stated intention behind the establishment of the global drug prohibition regime was to protect the world from the dangers of drugs. At different points in history, drug production, use and supply have all been presented as threats to security whether human, national or international security. The international relations theory of securitization can be used as a way of explaining how and why the 'drugs as an existential threat' discourse holds so much power, even today. Speech acts such as the UN Single Convention on Narcotic Drugs, the UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and Russia's 'Rainbow-2 Plan' clearly illustrate the development of the 'drugs as an existential threat' discourse at a global level with particular reference to mankind, the State and global peace and security, respectively. Analysis of these speech acts also shows how the power of the security narrative means that the global drug prohibition regime continues to remain pre-eminent despite the wealth of unintended consequences that it causes.     

Malaria antibodies and mefloquine levels among United Nations troops in Angola

BACKGROUND: The United Nations deployed about 8,000 soldiers in a peacekeeping mission in Angola. Malaria is the most common disease there and consequently it was the major risk to the UN troops. Most of them are from malaria free areas. As a result of improper prophylactic measures there were many cases of malaria, including some deaths in 1995. In February-March 1996, an Israeli team was sent to Angola to evaluate the malaria situation among UN soldiers. This paper deals specifically with some aspects of chemoprophylaxis and diagnosis. The efforts were concentrated in one particular area where malaria incidence had been reported as the highest. METHODS: Blood samples were collected from nonimmune soldiers who were using mefloquine as a prophylactic drug and were exposed to malaria. The mefloquine and the antimalarial antibody plasma levels were monitored. RESULTS: While the local laboratory indicated that about 80% had a malaria episode, the serological results revealed that only 5 soldiers of the 56 (9%) examined had antimalarial antibodies, of which 3 were Angolans. Despite a controlled prophylactic regimen there was considerable variability in mefloquine plasma levels: 46% of the samples were below the required prophylactic level and 26% above it. All patients who were proven positive with malaria by both microscopic and serologic observation had a low level of mefloquine. CONCLUSIONS: In field conditions, a kit which identifies plasmodial antigens, is preferable, to a microscopic diagnostic method. Controlled mefloquine prophylaxis may not prevent malaria, especially when blood levels are low. The reason for the low mefloquine blood levels is not clear and needs further evaluation.     

Governance in EU illicit drugs policy

This commentary represents the authors’ views on EU governance in illicit drug policy, a field in which they were active for more than 10 years between them. EU drug policy has a narrow legal basis in the European Treaties and is mostly non-binding. The main policy instruments are 8-year EU Drug Strategies, underpinned by 4-year Action Plans which set out specific objectives at national, EU or international level. The approach that guides EU drug policy is known as the ‘balanced approach’. It is remarkably restrained and reflects the reality that very few Member States have either the socio-political culture or the resources to consistently apply the punitive sanctions foreseen by the UN conventions. An important feature of EU governance in the field of drugs is the proactive support that is provided to non-governmental organisations both within the EU as well as in accession, associated or third countries. At a global level, the EU is a major financial aid donor also in this field. This position is not however reflected in corresponding political clout for the EU within the UN system. EU governance on drugs has made it possible for many of its Member States to accommodate the problem rather than to “solve” what by all the evidence from the last 100 years may well be insoluble, at least by means of criminalisation and prohibition. The big question is where EU drug policy is headed in the next few years. The EU has been promoting measures and practices that target real problems. It has done so without indulging too much in unhelpful rhetoric. However, like all successful formulae this one also has a sell-by date. EU governance in the field of drugs cannot afford to stand still. It needs to find a second wind.     

Harm reduction and the global drug control regime: contemporary problems and future prospects

Countries committed to a harm-reduction approach to drugs have exploited the latitude which exists within the UN global drug control regime to implement strategies which deviate from the strict prohibition ethos of the conventions. These nations risk pressure being brought to bear through the UN drug control regime, principally by the United States, determined to prevent what it sees as foreign challenges to its domestic 'zero tolerance' approach and its internationalisation. In this paper, based on his presentation to the International Conference on the Reduction of Drug Related Harm in Melbourne this year, David Bewley-Taylor, describes the conventions and the 'wiggle room' which exists, but also imagines ways like-minded states might together challenge and reform the conventions so that harm reduction can be accepted and hard wired into the UN drug control system itself. Simon Lenton Editor, Harm Reduction Digest     

From Toques to Tokes: Two challenges facing nationwide legalization of cannabis in Canada

BackgroundIn 2015, a new Liberal Government came to power in Canada, elected on a platform that included legalization and regulation of cannabis for recreational purposes. Their legislation, based on recommendations from a Federal Task Force on Marijuana Legalization and Regulation, is due in early April 2017.MethodsThis commentary utilizes Canadian Federal policy papers, previous literature, and internal and international agreements to examine two key areas critical to the development of a nationwide regulated market for cannabis in Canada; the need to overcome restrictions to legalizing cannabis in United Nations’ drug control treaties, and the unique challenges that non-medical cannabis creates for navigating interprovincial trade policies in Canada.ResultsIrrespective of UN conventions that appear to prohibit legalization of cannabis the Government is preparing to bring forward legislation as this article goes to print. At the same time significant squabbles impede the selling of even beer and wine inter-provincially in Canada. This paper identifies the challenges facing Canadian legalization efforts, but also shows how the legalization legislation may provide opportunities to engender significant change beyond the simple legalization of a specific drug.ConclusionThis commentary does not argue for any specific course of action for Canada, but rather explores the nuance of legalization absent from the declaration in the Liberal party platform. The paper argues that Canada’s efforts may hasten the dismantling of the UN drug control structure, and provide renewed opportunities for intern-provincial trade in Canada.     

Social change and the control of psychotropic drugs-risk management, harm reduction and 'postmodernity'

This paper argues that in order to understand the broad tide of change in drug control in recent times, we need to link these changes to a general understanding of social change. The paper sketches out how modern society arose and how it is giving way to the postmodern. Two themes are then developed. The first concerns the way that the state shrinks in postmodernity and links this to drug control, mentioning the example of random drug testing in the workplace as a good example of the change. It then moves to looking at the related shift in social control regimes from the 'corporal' regime of the premodern through the 'carceral' regime of the modern to population and risk management in the postmodern. It argues that in society in general there is a tension between carceral discipline and the amoral management of risk and that this is exhibited in drug control as a struggle between individual treatment and law enforcement on the one hand and 'harm reduction' on the other. This is illustrated by reference to a persistent tension within the NCADA enterprise.     

Change is possible: the history of the international drug control regime and implications for future policymaking

The article, based upon an extensive literature review, reconstructs and analyzes the parallel evolution of the international drug control regime and the world opiate market, assessing the impact of the former on the latter until the rise of present-day mass markets. It shows that, since its inception, the regime has focused almost entirely on matters of supply. However, that focus has not always meant "prohibition"; until 1961, the key principle of the regime was "regulation." Given the different forms drug control policy has taken in the past, the authors conclude it may be amenable to new forms in the future.     

UNGASS 2016: Insights from Europe on the development of global cannabis policy and the need for reform of the global drug policy regime

This article is framed by the forthcoming United Nations General Assembly Special Session on drugs (UNGASS) debates on global drug policy. It explores European drug policy experiences to draw out important lessons and insights that could be applied to wider global drug policy regimes. European experiences with (i) diverse cannabis policies and (ii) longstanding attempts to harmonise or coordinate diverse national drug policies in general are examined and the results are extrapolated to global drug policy debates. The diversity of drug policy seen within EU borders should be viewed (i) as a strength, (ii) flexibility under the international conventions is possible, but has limitations, (iii) changes to the global drug policy regime should seek to increase flexibility, and (iv) the importance of international institutions in providing a framework and an evaluatory role should not be under emphasised. Collectively, the evidence suggests the need for the loosening of controls restricting the development of diverse drug policy innovations, and the development of international drug policy frameworks and international standards of drug-related data collection.     

Law,medicines and the doctor: a critical look at drug regulation

Summary

The current status of medicines regulation and legislation throughout the world is reviewed. The basic task of drug regulatory agencies is to ensure that the medicines available to the physician are sufficiently safe and effective, and that the information supplied on these medicines is adequate and reliable; the final choice of drug remains the physician's task. By examining the way in which regulatory agencies have dealt with different problems it is possible to identify many of the norms which are emerging. By and large these would seem to be reasonable, and it appears unlikely that drug regulation has, in fact, impeded the development of valuable new medicines. Such problems as do arise are due in part to marked differences in national control systems. It is suggested that these problems may be more readily resolved by informal international co-operation than by formalized international control of medicines.     

Australian heroin seizures and the causes of the 2001 heroin shortage

This paper uses Australian heroin seizure data, along with estimates of the size of the Australian heroin market to evaluate the impact of drug law enforcement on the 2001 Australian heroin shortage from the percentage of the market seized. It also critically examines international heroin production trends and published reports on the causes of the Australian heroin shortage. Its conclusion is that previous studies may have overstated the success of drug law enforcement and that the most likely explanation for Australia's 2001 heroin shortage was a significant decline in heroin production world-wide, due to a general move away from heroin production in the countries of Southeast Asia and the prohibition on opium growing by the Taliban regime in Afghanistan.     

Evaluating trends and stakeholders in the international drug control regime complex

This article examines the recent trends in international, in particular multilateral, drug policy and the implications of these changes for shifting alignments and coalitions of actors and stakeholders. It places these changes in the context of the system's historical developments and applies previously unutilised analyses of other international governance structures. It suggests that the the international drug control system is undergoing a long-term process of fragmentation and evolution towards a ‘regime complex’. In the short to medium term it suggests that exogenous challenges to the system remain somewhat limited. This is due to institutional battles over issue suzerainty and a limited funding incentive for other agencies to become involved. Instead, endogenous challenges and changes within the system represent the main avenues of adaptation. It continues on to suggest that in the longer term these endogenous changes will encourage and accelerate exogenous interactions with the system from other regimes and issue areas and thereby expand the terrain for cross-issue and cross-sectoral engagements. Thus, the short to medium term trends within drug control, while in some cases appearing to be in stasis or moving backwards, continue the overarching trend of regime fragmentation and shifting into an archetypal regime complex.     

Drug-related crime and sentencing policies from the perspective of the United Nations crime prevention and criminal justice programme

Owing to the incompleteness of available data, there is no conclusive evidence on the effectiveness of sentencing policies in various countries. Insufficient data at both the regional and international levels also make it difficult to draw any firm conclusions on general trends in sentencing policies for offenders convicted of drug-related infractions. Regional, and particularly national, circumstances influence the pattern of penal measures against drug offences in any given country. Thus, drug legislation reflects the socio-cultural, religious and other values of a nation. There is a growing tendency to apply measures of treatment and social reintegration to drug-addicted persons who have committed minor offences rather than to impose prison sentences on them. Drug addiction is increasingly recognized as a disease, which should be cured in an appropriate treatment setting, but the data available indicate that the application of this measure to drug offenders is rather restricted. Another apparent tendency is the move to decriminalize the simple use of drugs and, at the same time, to provide more severe penalties for drug trafficking. In certain countries, however, there is a trend towards increased penalties for illicit drug use as well.     

药品管供用的监督指导一体化

目的：强调由国家药物政策牵头的推动合理用药国际趋势，介绍这种趋势下促进合理用药的新概念与相关措施;方法：收集WHO与合理用药国际网络（INRUD）的有关文献予以归纳;结果：合理用药是国家药物政策的主要内容，国家药物政策的原则贯串着对合理用药的要求，体现在药品管理、供应（含流通）、使用（处方、用药与顺从性）诸环节中;结论：政府行为、有效和一体化地对药品的管供用实行监督指导，是成功推动合理用药的关键，而这一切都依赖于当代国家药物政策的贯彻执行。     

Evidence‐based policy or policy‐based evidence? The role of evidence in the development and implementation of the Illicit Drug Diversion Initiative

Issues . Evidence‐based policy is promoted as the ideal in drug policy, yet public policy theorists suggest that policy‐based evidence may be a more fitting analogy, where evidence is used selectively to support a predetermined policy direction. Approach . The following paper assesses the resonance of this notion to the development of the Illicit Drug Diversion Initiative (IDDI), an apparently pragmatic reform adopted in Australia in 1999 through the Federal Coalition ‘Tough on Drugs’ strategy. It utilises interviews with key informants from the Australian drug policy arena conducted in 2005 to assess the role of evidence in the design and implementation of the IDDI. Key Findings . The current paper shows that while policy‐makers were generally supportive of the IDDI and viewed drug diversion as a more pragmatic response to drug users, they contend that implementation has suffered through a selective and variable emphasis upon evidence. Most notably, the IDDI is not premised upon best‐practice objectives of reducing harm from drug use, but instead on ‘Tough on Drugs’ objectives of reducing drug use and crime. Implications . This paper contends that policy‐based evidence may facilitate the adoption of pragmatic reforms, but reduce the capacity for effective reform. It therefore has both functional and dysfunctional elements. Conclusion . The paper concludes that greater attention is needed to understanding how to mesh political and pragmatic objectives, and hence to maximise the benefits from policy‐based evidence. [Hughes CE. Evidence‐based policy or policy‐based evidence? The role of evidence in the development and implementation of the Illicit Drug Diversion Initiative. Drug Alcohol Rev 2007;26:363–368]     

Canada,cannabis and the relationship between UN child rights and drug control treaties

Article 33 of the UN Convention on the Rights of the Child requires States to take appropriate measures to protect children from illicit drugs ‘as defined in the relevant international treaties’. Those treaties are the UN drugs conventions. Following cannabis legalisation, then, can Canada remain in compliance with the CRC while breaching treaties to which Article 33 expressly refers? This article investigates this question with reference to the drafting of the CRC and the drugs conventions, how the relationship between the two systems has been approached, and the practice of the UN Committee on the Rights of the Child from 1993-2015. While the CRC could offer an alternative framework through which to critically assess drug laws and policies, by and large it has operated so as to reinforce the drug control system. An interpretation of Article 33 in the light of Canada's cannabis reforms is proposed. Based on the text of the provision, the pacta tertiis rule, and the object and purpose of the provision, it decouples the CRC from the normative requirements of the drugs conventions.