https://idpc.net/blog/2020/04/parliament-of-ghana-passes-historic-new-drug-law-paving-the-way-for-a-west-african-approach?

SETTING THE RECORDS STRAIGHT: RESPONSE TO CSOS CALLING FOR CRIMINALIZATION OF DRUG USE IN GHANA.

We have read the CSOs petition to the President and the Speaker of parliament on why Ghana should not legalize cannabis.

First and foremost, we want to emphatically state, the current narcotics bill before parliament is not seeking to legalize drugs, the bill before parliament is seeking to decriminalize drug use and place the health and well-being of its citizens at the forefront of its constitutional mandate by treating drug use as a health issue.

Ghana is a signatory to the 3 international conventions, that is 1961, 1971 and 1988 convention and the preamble-of these conventions mandate all member states to place the health and well-being of its citizens in the implementation of these conventions. Fairly, is continuous punishment of people who use drugs a fulfillment of that commitment of Ghana? Absolutely no, it’s in clear violation of the letter and spirit of these very conventions.

The Conventions provide a very clear provision whereby drug use does not need to be criminalized. The 1961 Convention, Article 36 (b) explicitly states “when abusers of drugs have committed such offenses, the Parties may provide, either as an alternative to conviction or punishment or in addition to conviction or punishment, that such individuals shall undergo measures of treatment, education, after-care, rehabilitation and social reintegration in conformity…”.

This is then repeated in the 1971 Convention (Article 22b) and the 1988 Convention (Article 3, Para 4 c and d). Please take note of a commentary on the 1988 Convention “It will be noted that, as with the 1961 and 1971 Conventions, paragraph 2 does not require drug consumption as such to be established as a punishable offense” (UN, 1988). Moreover, the term personal use has not been defined in the International drug Conventions (Marks, 2019). The International Conventions rather criminalizes possession with the intention of trafficking and not possession for personal use.

We should not forget that, imposing on  this very population with criminal records for the use of cannabis or any other drugs have ripple effects, this very population gradually become the fulcrum of any country's economy so why burden them with criminal records for the rest of their lives for committing just minor non-violent drug offenses?

The UNGASS Outcome Document, accordingly, calls on countries to “Encourage the development, adoption, and implementation, with due regard for national, constitutional, legal and administrative systems, of alternative or additional measures with regard to conviction or punishment in cases of an appropriate nature, in accordance with the three international drug control conventions and taking into account, as appropriate, relevant United Nations standards and rules, such as the United Nations Standard Minimum Rules for Noncustodial Measures (the Tokyo Rules)” (Paragraph 4j).

Crucially, in the 2019 Ministerial Declaration, all governments also “reiterate our resolve, in the framework of existing policy documents… to promote, consistent with the three international drug control conventions and domestic law, and in accordance with national, constitutional, legal and administrative systems, alternative or additional measures with regard to conviction or punishment in cases of an appropriate nature”.

The new Cross-UN Common Position goes even further and “commit[s] to stepping up our joint efforts and supporting each other… To promote alternatives to conviction and punishment in appropriate cases, including the decriminalization of drug possession for personal use, and to promote the principle of proportionality, to address prison overcrowding and over-incarceration by people accused of drug crimes…

It is with sadness how some CSOs in this country try to use these very instruments to misinterpret the true meaning to Ghanaians.

The World Health Organization recommends an allowable amount of cannabis for therapeutic purposes, about 0.3% THC content and should not be criminalized.

Ghana in effect can allow an amount of 0.3% of cannabis use which according to WHO is not harmful to the human being but strictly for medicinal purposes.

The WHO has further requested the CND Commission on Narcotics Drugs) to reschedule cannabis, why? Because cannabis has medicinal values that are beneficial to humans hence should not be completely banned. (Cannabis is currently a Schedule 1 drug meaning it does not have any medicinal purpose which is not true). Additionally, the American Academy of Arts and Sciences (2017) has confirmed the medicinal value of cannabis.

It has been reported recently that, there is conclusive evidence that cannabis is a drug and it is effective in the treatment of chronic pain, multiple sclerosis-related muscle spasms and chemotherapy-induced nausea and vomiting.

Regarding the link between cannabis and cancer, the Academy found evidence to the effect that, smoking cannabis does not increase the risk of cancer which is often associated with tobacco use such as lung, head and neck cancers. The United Nations human rights mechanisms also recognize that ensuring access to essential medicines is an essential element of the right to health and by ensuring the availability of essential medicines will help to achieve Target 3.b “…provide access to affordable essential medicines…”

Moreover, it is reported that there is a large burden of untreated pain around the world with as many as 80% of the world’s population without access to controlled medicines (UNODC, 2018).

What some of these CSOs in Ghana are doing is just throwing dust into the eyes of Ghanaians and making everyone believe Ghana will be doing the wrong thing if we decriminalize cannabis and treat drug use as a health issue as well as allowing a certain amount for medicinal purposes like in other countries.

We humbly ask parliament to first and foremost think about the health and wellbeing of people who use drugs and support them and not continue to jail them for their drug use habits.

And Secondly, Parliament has a duty to legislate laws that ensures that people who need cannabis for medicinal purpose readily have access to it to help relieve themselves of severe pain. We cannot continue to criminalize a substance that can relieve pain when we actually have what it takes as a country to embrace that. We will like to urge parliament to also consider declassifying Hemp which is non-psychoactive and allow its growth for industrial and medical purposes.  It is worth noting that the Government of Ghana and Ghana as a whole will be in line to benefit from the generation of taxes over the same period of some $10 million dollars, and that is just one farmer.

Lastly, we will like to draw parliament’s attention to the recent media alert by the INCB in June (2019), where they admonished countries for over-reliance on prohibition of drug use as the means of drug control. In actual fact, the INCB called on countries to institute alternatives to punishment.

Coming home to Africa, the Africa Union (AU) plan of action on drug control 2019-2024 that was recently adopted by ministers of Member States has called on all to ensure, that, drug control mechanisms are comprehensive and, evidence-based. The AU further called on all member states to remove criminal sanctions against people who use drugs and put in place alternatives to punishment for all who use drugs whilst also putting in place as well as adopt and implement harm reduction services for people who use drugs.

These and many other International and regional commitments are things issues Ghana as a country we should be promoting in the current bill and not seeking to digress from them.

We will like to assure all well-meaning Ghanaians that, the debate before parliament is meant to place the health and well- being of its citizens as a matter of priority and not seeking to exacerbate the current problems.

In conclusion, the WHO has recommended that “drug control should not be approached as an objective in itself but as a tool to optimize public health”. We will want to join our voices to the following international organizations;

•            The Committee on Economic, Social and Cultural Rights

•            Special Rapporteurs on the right to health; on freedom from torture and other ill-treatment; and on extrajudicial, summary or arbitrary executions;

•            The Committee on the Rights of the Child; and

•            The Office of the United Nations High Commissioner for Human Rights

 in recommending the decriminalization of drug use and possession for personal use which will be an important step towards the fulfillment of the rights to health and towards protecting the safety and the well-being of communities.

This is in line with the twelve UN agencies which have jointly recommended review and repealing of laws criminalizing drug use and the possession of drugs for personal use on 27th of June, 2017.  (UNAIDS/UNHCR/UNICEF/WFP/UNDP/UNFPA/UNWomen/ILO/UNESCO/WHO/IOM/OHCHR,)

Consequently, we are only reinforcing the recommendations of all the above committees and agencies. It cannot be the case that all these committees and agencies have ulterior motives.

Ghana Strives for a More Humane Drug Policy


Recently, the government of Ghana proposed the Narcotics Control Commission Bill of 2017 (NCC) to replace the current Narcotic Drugs (Control, Enforcement, and Sanctions) Law of 1990 (PNDCL 236) that criminalizes all drug-related activities including drug use, possession, trade, and production. NCC aims to decriminalise drug consumption in Ghana. The initiative is a recognition of the grave impact on public health of the country’s current drug legislation, which imposes punitive sanctions on those engaged in the consumption, production, and trafficking. However, the ramifications of legal change could be felt beyond the country as Ghana could become a norm entrepreneur in the region for harm reduction policies.

Go to link http://www.swansea.ac.uk/media/GDPOSitAnalysisJune2018Maria-GorettiAne.pdf

In Africa, the issue of Drug use is addressed with contempt and people who use drugs are treated as criminals who have nothing to offer society other than perpetuating crimes. Governments are at the forefront of this criminalization of people who use drugs and treat the victims with the firm arm of the law, yet there has not been any improvement on the issue despite the increasing number of arrests and incarceration of people who are in conflict with the law for drug offences. In an interview with Mrs Maria-Goretti Ane -Loglo, the African Consultant for the International Drug Policy Consortium (IDPC); we discussed the current Drug policies and what can be done in Africa if indeed governments will want to win the so-called war on drugs. She analyzes Government approach on Drug use in relation to Human Rights and the activities of IDPC in creating awareness and influencing these Government policies to suit both the victims and society at large. Go to link http://glamsquadmagazine.com/maria-goretti-ane-loglo-speaks-on-idpc/

YOUTH PROMISE TO ADVOCATE FOR HUMANE DRUG POLICY IN GHANA

Until recently, the West Africa region has been perceived as only a transit zone of drugs from Latin America to European Countries Markets. This general perception started changing since June 2014 with the release of WACD flagship reports titled ‘’Not just in transit, drugs, the States and Society in West Africa’’.

Early 2013, Kofi Annan (Former UN General Secretary) conveyed the West Africa Commission on Drugs (WACD) chaired by the former President of Nigeria, Olusegun Obasanjo. The Commission comprised of commissioners from diverse background in West Africa such as politics, civil society, health, security and the judiciary.

After 18 months of research, looking at the evidence, consulting experts from the region and visiting some of the most affected countries and communities in the region, WACD in June 2014, released its flagship report, including a series of evidence-based recommendations for drug policies across the region.

The report shed lights on the impact of drug market in West Africa. According to the report, drug trafficking is a new threat to the development of West Africa. West Africa region is not only a transit zone of drugs from Latin America to Europe but also local production and consumption are on the rise which continues to be a major issue. Organised crime syndicates exist at all levels of society in West Africa and pose a threat to good governance, peace and stability, economic growth and public health in West Africa, a region that has only recently emerged from decades of violent conflict.

A pervasive situation that is corroborated with statics from the United Nations (UN) and the United Nations Organisation on Drug and Crime (UNODC). According to the UNODC, the yearly reports on the world drug problem, the prevalence rate of cannabis uses in West and Central Africa combined (12.4%) is higher than Africa and the global average, 7.5% and 3.9% respectively.

In the above statistics, the youth mostly formed the majority of the affected population. Per the Narcotics Control Board Statistics, the youth in Ghana make up the majority of the drug user community particularly youth in the Junior/ Senior High Schools and tertiary institutions.

It is in light of this worrying situations and also, recognizing the specific needs of young people, and that they are more vulnerable to drug-related harms, the Ghana chapter of the West Africa Drug Policy Network (WADPN) set to increase the level of youth awareness and engagement on drug policy debates and calls for decriminalization and support for harm reduction measures in the region.

The initiative by WADPN-Ghana is also to strengthen youth advocacy in the area of Human Rights and Drug Policy Reform.

In view of these challenges, the West Africa Drug Policy Network, Ghana Chapter (WADPN-Gh) with support from Open Society Initiative for West Africa (OSIWA) and in collaboration with civil society activist in the country recognized the need to bring together youth, particularly, students, and other stakeholders who are the most vulnerable to the dangers of drugs and the need for drug policy reform to trigger drug and policy reform debates and processes. The forum focused on various approaches to effectively respond to the drug challenges with possible commitments to educating them on the need to contribute to playing advocacy role, building their capacity on understanding Ghana’s  drug policy and how to engage with their institutions to develop effective campus based strategies and not the usual 'Just say No" to drugs and also  engaging policy makers and lobbying for drug policy reforms and finally sensitizing the public and communities about the impacts of drugs on democracy, governance and the society.

Present at the forum was the African consultant for the International Drug Policy Consortium (IDPC) who sensitized the groups about the current state of global drug policy as well as Ghana; and called on them to engender interest in advocacy and research among them. She further explained that, the youth forum was part of an advocacy within the region for evidence -based drug policy that is grounded on public health and human rights and to promote the active participation of young people in drug policy development by building the capacity of youth organizations to advocate for the rights of vulnerable people who use drugs.

Mrs. Loglo further called on the youth to join the advocacy platform for Humane Drug Policy for people suffering from problematic drug use and the need to engage in smart drug prevention programmes.

At the end of the program, the participants committed to a series of actions within their own communities including raising awareness of the rights of people who use drugs, involving community leaders, organizing social and health campaigns on drug use and facilitating activities in schools with teachers and students.

Leaders from the various youth groups pledged to called on the relevant authorities to promote the rights and inclusion of people who use drugs including establishing links between prisons, health services and civil society to ensure follow ups and continuation of services for people who use drugs after release from prison.

The day also saw the inauguration and birth of Youth Rise for Drug Policy Reform Ghana, a youth movement whose aim is to mobilize young people concerned with the impact of drugs and drug policies on individuals, families and communities in Ghana.  

PRESS RELEASE Drugs: has criminal justice failed us?

Drugs: has criminal justice failed us?

MONDAY 26^TH JUNE – FRIDAY 30^TH JUNE

#CLASSFMdrugsweek

Drugs: has criminal justice failed us? is a week-long series of powerful and informative discussion and debate on the need for drug policy reform in Ghana. The debate will take place on the Executive Breakfast Show (EBS) of Class FM 91.3 from Monday 26^th June to Friday 30^th June.

Using the hashtag, #CLASSFMdrugsweek EBS will explore the critical issues on the failure of the current (punitive) approach to drug problem in Ghana while putting in perspective the need for drug policies grounded in public health approach safeguarding human rights. The radio show will engage former drugs addicts, healthcare professionals, personnel from the National Law Enforcement Agency Members of parliaments, policy makers, civil society representatives working on drug related issue, and the general public throughout the week, starting at 7.30 am every morning.

This week long Special Series is framed around the 2017 Global Day of Action – Drugs with the Support Don’t Punish Campaign on 26^th June. Every year globally, this day of action highlights the harms being caused by the current punitive approach on drug problem and invites the world to consider fresh approaches to dealing with the issue. The Support Don’t Punish campaign calls for the protection of the human rights of people who use drugs – including their right to health, life and the implementation of harm reduction services.

According to Maria Goretti Ane Loglo, Member of the West Africa Drug Policy Network – Ghana Chapter, the current drug policy in Ghana, continue to be very repressive, with the widespread marginalisation and treatment of people who use drugs as criminals, morally weak ‘addicts’ and/or social outcasts; while non-violent low level drug offenders generally make up the largest share of those sent to the criminal justice system. This approach has only succeeded in exacerbating human rights abuses, such as ill-treatment and extortion by police, mass incarceration and arbitrary detention, in many cases without trial or due process.

EAA Media Productions, West Africa Drug Policy Network – Ghana Chapter, West Africa Civil Society Institute (WACSI), Open Society Initiative for West Africa (OSIWA) and Class FM have come together to produce this Special Series. It is a multi-media project featuring on air discussions, social media engagement, a Twitter Poll and engagement from the general Public.

“I am proud that my company EAA Media Productions is the lead producer of this powerhouse series with this partnership”, said Esther Armah, Director of EAA Media Productions. She continued: “I strongly believe in media’s power to critically examine sensitive issues with care, clarity and bring those impacted, those dealing with addicts, those charged with creating policy and law to one mic in order to tackle the issue, grapple with the multiple perspectives and leave us all better informed and focused on resolution that serves a greater good.” She concluded, “My company’s specialism is local content with international standards for a global landscape”

DRUGS: has criminal justice failed us? will air every day from Monday 26^th June to Friday 30^th June 7.30am to 8.30am Executive Breakfast Show, ClassFM 91.3.

-ENDS-

FOR IMMEDIATE RELEASE Contact: EAA Media Productions Email: eaamediaproductions@gmail.com

SHAPING HUMANE DRUG POLICIES IN GHANA: A PROGRESS REPORT BY MARIA-GORETTI ANE

The drug policy debate is beginning to take shape in Ghana. What is fundamental is that the country’s policymakers have begun to put the debate on drug policy into practice and are making significant progress in developing and enforcing better drug laws.

Ghana is currently on the verge of decriminalising marijuana use to enable people who use drugs to freely access treatment. This was disclosed during the launching of a new report by the International Narcotics Control Board (INCB) , which listed Marijuana as the most abused substance in West Africa. According to the report, only one out of 18 of problematic drug users gets help as a result of the criminalization. Deputy Minister of Interior, James Agalga also gave hints that a bill will soon be presented to Parliament to address the issue on the decriminalising of marijuana.

Mr. Agalga also added that the current situation where only one out of 18 people receive treatment for suffering from problematic drug use is worrying and must be reversed.
This progressive move can be to the advocacy work carried out by the Ghana Chapter of the West Africa Drug Policy Network in 2015. The Networks’ success can largely be attributed to the capacity building support from International Drug Policy Consortium (IDPC), and the West Africa Civil Society Institute (WACSI).

In June 2015, the Ghana Chapter of the drug policy network organised a stakeholders dialogue with sponsorship from the International Drug Policy Consortium (IDPC) to commemorate the world drugs day and also to launch the "Support Don’t Punish" Campaign in the country. With the support of WACSI, this dialogue brought together stakeholders from civil society working to promote harm reduction, government institutions notably the Narcotics Control Board, Ministry of Interior, religious institutions, lawyers, ex-drug users and the media.

The main objective of the forum was to raise awareness among the major stakeholders on the critical need to stop criminalizing people for using drugs in Ghana.

The forum triggered discussions aimed at ensuring that the current Narcotics Control Bill in the country promotes the rights of people who use drugs and supports their rehabilitation, reintegration into society rather than being an enforcer of harsh sanctions that would devalue the usefulness of people who use drugs to society.

After the June 26th celebration, there was a need to meet with policy makers, notably parliamentarians, for civil society to provide some recommendations. A 3-day workshop of the Ghana Chapter of the West Africa Drug Policy Network and the Parliamentary Committee on Interior and Defence, with sponsorship from the Open Society Foundation grant (OSF), was organised from 4th-7th December 2015. This saw a breakthrough as harm reduction was accepted by the legislators as a critical aspect that needs to be included in the draft bill currently before parliament.

During this meeting, legislators admitted how beneficial and educative the workshop had been and expressed the need for more of such enlightening meetings. They admitted that civil society plays an instrumental role as government’s watchdog. In June same year, the network received about $5,000 from OSIWA through WACSI to carry out some advocacy programmes in the country. The Ghana Chapter organised its first ever media workshop for about 20 journalists in the country, engaged and conducted public awareness campaigns on the gaps within Ghana’s current drug laws, drug prevention, treatment and harm reduction as the engagement also sought to raise awareness for the SUPPORT DON’T PUNISH campaign and the consequences of the repressive drug laws on Ghanaians.

The network also developed a documentary entitled “SUPPORT DON’T PUNISH” which emphasised the need to give drug users the opportunity to seek treatment and rehabilitation instead of the continuous criminalization which only exacerbate their problem.

Beyond Ghana, multi-sectorial meetings were also organised in three countries, Benin, Ghana, and
Senegal and this led to a regional consultation in Ghana. The meetings were convened by WACSI, with support from OSIWA.

The regional consultation brought together over forty-one participants from eleven (11) West African
countries; Benin, Nigeria, Sierra Leone, Ghana, Senegal, Burkina Faso, Cape Verde, Guinea, Guinea-
Bissau, Cote d’Ivoire and Liberia.
Participants were drawn from relevant sectors including Ministries of Health, Interior, Justice, Foreign Affairs, National Inter-Ministerial Committees (IMC) on Drug Control, National Drug Law Enforcement Agencies, Police, National Human Rights Institutions, legal practitioners, commissioners of WACD and regional organisations, ECOWAS and UNODC, members of the West Africa Drug Policy Network in Ghana and civic activist

The meeting created an excellent opportunity for the countries to take a position as a sub-region for
UNGASS 2016 meeting. The deliberations climaxed with an acknowledgement by stakeholders that,
there is the need to take stringent measures to curb drug trafficking across the region. Participants
further called on governments of West African states to adopt policies to help drug users rather than
punish them.