Negotiating the UNGASS outcome document: Challenges and the way forward

Negotiating the UNGASS outcome document: Challenges and the way forward: This IDPC advocacy note offers some reflections and recommendations on the negotiation process itself, and some general recommendations on the overarching tone that should be reflected in the final document.

Drug policies in Africa: What is the 'health-based' approach?

Drug policies in Africa: What is the 'health-based' approach?: This IDPC advocacy note elaborates what a health-based approach looks like in practice in Africa, and explores five specific areas that need to be urgently addressed by governments.

[Updated] Elite ‘African Group’ in Vienna undermines AU drug policy

by Kerry Cullinan on February 7, 2016 in Alcohol & Drugs

A small group of African countries with missions in Vienna decided to submit their own document on new drug policy to the UN, despite being given a more enlightened African Union position.

South Africa’s diplomatic mission in Vienna submitted a reactionary position on drug policy to the United Nations, despite African Union member states having worked for months to draft a far more progressive stance.

This emerged at a drug policy conference in Cape Town last week, at which outraged delegates demanded an explanation for why a document from the minority “African Group” (AG) in Vienna was submitted instead of the AU’s “Common African Position” (CAP).

One of the most controversial clauses of the “AG” document is its support for stronger control overketamine, used as an anaesthetic in places without electricity or oxygen supplies.

China is lobbying for ketamine to become a scheduled medicine because of some abuse of it in its country, but this will drastically limit its availability in rural and war-torn areas.

“Hundreds of thousands of people who need emergency surgery will die or suffer intense pain if ketamine becomes a scheduled medicine that can only be prescribed by a doctor,” said Dr Liz Gwyther, CEO of theHospice Palliative Care Association of SA.

Emergency surgery

Ketamine is on the World Health Organisation’s essential medicine list, and WHO official Marie-Paule Kieny says “controlling ketamine internationally could limit access to essential and emergency surgery, which would constitute a public health crisis in countries where no affordable alternatives exist”.

“Something else drafted by Egypt was given to South Africa to submit. Africa needs to speak out. Why shelve the right document, which came out of the consultative process?”

The AG document also does not mention of “harm reduction” options in relation to addicts, focusing only on punishment for those who supply and use illegal drugs.

A UN General Assembly Special Session (UNGASS) on drugs is being held in April and there is intense lobbying for policy change. The world is completely polarised, with some countries executing drug users and others legalising many drugs.

South Africa, as chair of the African Group in Vienna – comprised of only 15 African countries including Morocco, which is not an AU member – submitted the AG position ahead of UNGASS without the knowledge of the AU.

The AU had submitted the “CAP” document to SA Ambassador in Vienna Tebogo Seokolo, and thought this had been submitted to UNGASS on behalf of the continent.

“What went wrong?” asked Maria-Goretti Ane, a Ghana-based consultant for the International Drug Policy Consortium, at the Run2016 Cape Town conference hosted by the TB/HIV Care Association. “Something else drafted by Egypt was given to South Africa to submit. Africa needs to speak out. Why shelve the right document, which came out of the consultative process?”

Ironically, South Africa’s Deputy Minister of Social Development, Henrietta Bogopane-Zulu,* chaired the technical committee that drafted the CAP.

Diplomacy

An African Union source*  confirmed that Seokolo had been sent the CAP for submission to the UN in Vienna. On hearing that CAP had not been forwarded to UNGASS, the AU sent a delegation to Vienna in December to find out what had happened explanation, but had not received a satisfactory answer.

“As the AU, we can only engage in diplomacy. Member countries are our bosses, and it is only member states that can take up this issue,” said the source.

Meanwhile, the Department of International Relations and Cooperation (DIRCO) rejected claims that Seokolo had “betrayed” the African Union.

Between June and December last year, Seokolo was chairperson of the African Group, which “enjoys the formal and official negotiating status within various United Nations organisations and other international organisations based in Vienna,” DIRCO spokesperson Nelson Kgwete told Health-e News.

“The Chairperson of the African Group is accountable to the African Group in Vienna and promotes the agreed positions and interests of the Group. There is no formal relationship between the African Group in Vienna and the African Union Commission,” he added.

Parallel process

According to DIRCO, there was a parallel process with both the AG in Vienna and the AU in Addis Ababa developing positions on drugs independently.

On receiving the CAP, AG members who are also AU members (i.e. everyone except Morocco) “collectively decided that the draft CAP could not be forwarded to the UNGASS Board because the Group felt that there were was a need for further consultation on some of the elements contained in the CAP”, said Kgwete.

While UNGASS has published a new draft policy of drugs based on the submissions, there is still time for lobbying ahead of the April meeting. – Health-e News.

An edited version of this story was also published in the Sunday Independent

African voices at the International Drug Policy debate

On the 8th - 11th December 2015, Civil Society, and Member States of the Commission on Narcotic Drugs (CND) met in Vienna for the Intercessional meeting, on the UNGASS Special segment and the Reconvene session to deliberate on preparations towards UNGASS.

Some member states from Africa were in attendance and presented their opinions on the international drug policy debate.

A summary of the positions of the African group who were in attendance is presented below.

_________________________________________________________________________

South Africa on behalf of the African Group – We welcome the convening of the Special Segment. We should take this opportunity to consolidate our final preparations. We want to reiterate the following points: our commitment to the effective implementation of the 3 drug conventions as the cornerstone of drug control, the 2009 political declaration and the joint ministerial statement. The UNGASS will be an opportunity to review progress made since 2009 to counter the world drug problem. We underscore that the UNGASS will be a step to further enhance our obligations to implement the 2009 political declaration within the framework of the 3 drug conventions under the principle of shared responsibility. We should develop combined measures to address drugs. Decriminalisation and legalisation are contrary to the spirit of the conventions. We should combat the illicit production, trafficking and use of drugs as part of the balanced approach. We thank the UNGASS Board for its continued efforts and take note of the revised elements paper.  We support the decision that the CND should produce a short, concise and action oriented document with a set of recommendations, including an assessment of achievements and remaining challenges within the framework of the 3 drug conventions. The CND is mandated by the UNGA and is embarked in formulating recommendations. This should be finalised before the commencement of the CND for adoption at the UNGASS. We welcome the proposal for the preparations of the UNGASS with co-chairs with one being member of the UNGASS Board, and roundtables. A summary of the roundtables should be made available by the chairs of the roundtables. We assure you of the full support of the African Group states in the preparations.

Algeria – I align my statement with that of the Africa Group. We welcome resolution 58/8 and fully support the drafting of the brief and concise document. We are of the view that this should not lead to a political declaration, but offer an assessment of the 2009 political declaration. We also recall that the UNGASS should not serve as an opportunity to revise the UN drug conventions which are a result of consensus and that should be upheld. On the new version submitted, we should follow the model of 2009. We also believe that recommendations should lead to the implementation of the political declaration. I want to support the link between trafficking and organised crime. The 2009 political declaration stipulates that governments should ensure proportionality and international cooperation in full application of the law. Turning to specific comments, we will come back to this point later on.

Angola – We support the statement of the African Group. Drug policies have been largely ineffective in controlling production. National drug laws and policies seek mainly to punish possession, use and even dependency. Drug users are scapegoats for a range of social problems. Angola’s drug policy is not that way. Combatting drug use and trafficking is the responsibility of the executive. The public health and human rights must be central in protecting society where drug use is accepted as a way of life. Prevention, harm reduction, treatment and rehabilitation are critical. This discussion can bring solutions to create more jobs. We recognise that substances provide a barrier to education and employment. This is an opportunity for a wide ranging discussion towards 2019. Within the framework of the 3 conventions, and the 2009 Political declaration, we need a comprehensive and balanced strategy to counter the world drug problem. We must reduce demand and counter trafficking to achieve our objectives.

Morocco – Thanks to the UNGASS Board for its leadership. We support the statement of the African Group. Today is a very important time for international cooperation as we are confronted to multiple challenges of the drug scourge. Trafficking is feeding organised crime and financial flows to criminal organizations that have the same resources than some states. Traffickers are undoubtedly a global threat and require an approach based on solidarity. We must work together on mutual legal assistance. The recent UNODC report shows a clear increase in drug trafficking and use and we will deal with this at the UNGASS. it also refers to the NPS issue, the dark net. UNGASS is extremely relevant, and all stakeholders must do everything possible to respond to the world drug problem, including economic, health and social issues.

We must use wisdom and efficiency which Amb Shamaa is embodying. We should work on the themes proposed by the chair to address issues and challenges that UNGASS should address. We have consensus on the subject of the 5 roundtables shows the consensus on this. It will enable member states to share experiences on the issue. As for the draft document, the elements paper is a basis for a credible and workable negotiation. The few differences on structure and substance are not impossible to overcome. We should give new impetus to the international community in their fight against the scourge of drugs. We have participated actively to the preparatory process. We support the current structure of the document as it fits with the roundtables. We have stressed prevention, health measures and AD which are fundamental axes for our strategies to combat drugs. The positive momentum that enabled us to adopt the themes of the roundtables should continue to ensure the adoption of the final document. We need a new operational road map to define our goals and the means to reach them, including an evaluation of progress made in accordance with resolution 58/8.

Despite differences in approach and cultural specificities (which must be taken into account), the international community shares the same goals, to protect society from the harms caused by drugs. This does not mean we all have the same opinion on how to implement national anti-drug strategies. We must express caution on decriminalising and legalising drug use. If we go from a general ban to a general legalisation, it could be counterproductive and lead to the opposite of what we are trying to achieve. We have spent combating drugs through all legitimate means under the principle of the rule of law and under guidance from UNODC and UNCB. We adjust our strategy to the needs of society.

Thanks to the role of UNODC and the INCB, the anti-drug policy guided by the conventions has made significant progress for a stable, legal and political framework. Data and statistic show that consumption, trafficking and production continues to increase and we must adopt a new approach to address increasingly difficult realities. We must adapt national and international drug policies. This is the aim of UNGASS 2016. We hope that all stakeholders will show good will and compromise and work together to avoid controversies to adopt a final document based on consensus to adapt to new realities of drugs, protect public health.

Nigeria – We align ourselves with the African Group statement and the UNGASS elements paper. We align ourselves on issues of decriminalisation and legalisation – this can be counterproductive and can hinder our efforts, providing a window for flourishing drug cartels. The 3 drug conventions should be the cornerstone of our system. We need a continued assessment and revision of drug policies. We should also tackle crime networks that promote drug use via the internet. We acknowledge the 5 thematic themes for the UNGASS and align ourselves on AD and look forward to discussions. We as a global community need to address alternative livelihoods as is the case currently in Nigeria for cannabis. We look forward to harm reduction programmes that will address drug abuse and cannabis substitution to address cannabis dependence.

For more details follow the link below to see what each country said;

http://cndblog.org/2015/12/ungass-special-segment/

Credit: Commission on Narcotic Drug blog (www.cndblog.org)

Boosting political will to address drug-related challenges in Africa

The International Drug Policy Consortium (IDPC) has called on African member states to avoid making the mistakes of other regions, particularly Latin America, by thinking that they can eradicate drug markets through an arms race with drug traffickers or by meting out harsh punishments on people who use drugs.

“A drugs-free world is never possible”, Ms Maria-Goretti Ane, IDPC’s consultant for Africa, stated during the first meeting of the African Union (AU) Specialized Technical Committee (STC) on Health, Population and Drug Control – which took place from April 12th – 17th in Addis Ababa, Ethiopia.

Experts of the Specialized Technical Committee meeting on Health, Population and Drug Control at Addis Ababa, April 2015

The harsh sanctions applied to people who use drugs create suffering and actively undermine efforts to restore a safer and healthier society – and also impede the availability of essential medicines, such as opiate-based painkillers, to those in need.

Mr Gunashekar Rengaswamy from the United Nations Office on Drugs and Crime (UNODC) said, “Many Africans are suffering without being able to access pain relieving medications due to legislative restrictions placed on them… About 93 per cent of our populations are suffering from cancer, HIV or tuberculosis; women in labour are dying without being able to have access to pain relieving medication which is a gross violation to their fundamental human rights”.

He therefore urged governments of African countries to review national laws, and to put in place mechanisms to prevent the diversion of controlled medicines into illicit channels.

The STC meeting sought to sensitized ministers and experts on the nexus between drugs and health. It lay down a five-year strategic framework on drug control, with specific focus on drug use prevention and treatment standards. This platform also gave an opportunity to establish national and regional drug observatories, and to discuss a common African position for the UN General Assembly Special Session (UNGASS) on the world drug problem, to be held in April 2016 in New York.

Addressing participants at the conference, the drug control expert from South Africa highlighted the necessity of the conference. She noted that the conference was being held at a time when illicit drug use and trade poses a veritable threat the security of states, social and economic development on the continent.

She pointed out an urgent issue that requires the keen attention and response from decision makers across Africa: “There is a need to recognise drug use as a public health problem”, she said. She recommended that member states must roll out interventions targeting vulnerable groups.

Ministers were specifically urged to treat drug use as a public health issue rather than as a criminal justice matter while confronting political and governance weaknesses with traffickers and some corrupt officials.

The meeting brought together experts on health, population and drugs control, United Nations partner agencies, media, academics and civil society organisations working in the field of health, population and drugs control and ministers from the following AU member states: Algeria, Angola, Botswana, Burkina Faso, Burundi, Central African Republic, Congo, Democratic Republic of Congo, Djibouti, Egypt, Eritrea, Ethiopia, Gambia, Guinea Conakry, Kenya, Lesotho, Liberia, Malawi, Mali, Mauritania, Mozambique, Namibia, Rwanda, the Sharawi Arab Democratic Republic, Sierra Leone, South Africa, Sudan Swaziland, Togo, Tunisia , Zambia and Zimbabwe. In addition to these member states were AU officials, Regional Economic Communities, UN agencies, international governmental and non-governmental organisations, and other cooperating partners.

During the meeting, IDPC reiterated the need for Africa to be very active in the global debate, and to have a common voice at the UNGASS and beyond. Africa cannot afford to miss this opportunity to take stock of the negative consequences of the current system and to ensure that the drug control treaties remain ‘fit-for-purpose’ in the coming decades. However, the debate around a common Africa position – supported by IDPC – could not be concluded at the meeting itself with several countries asking for more time to review and comment on the draft. A final document should be available in the summer.