Politics Outside US

Lebanese security forces began eradicating cannabis fields in the Bekaa Valley Monday, but locals fought back with machine guns and rocket-propelled grenades, wounding one policeman and damaging two vehicles and forcing a temporary halt to the destruction of the crop, the Daily Star reported. The attack on the eradicators took place near the village of Boudai, on the outskirts of Baalbek.

Lebanon is one of the world's leading has producers, and the Bekaa Valley has long been known as a site of cannabis production. During the Lebanese civil war, the trade blossomed into a multi-billion dollar business, but after the war, the government banned it in 1992, and has undertaken eradication operations with varying degrees of enthusiasm each year since.

Hash producers also fought back Monday morning by using burning tires to block roads in some neighborhoods in Baalbek and in the town of Boudai. Police managed to clear those blockages by midday Monday. And armed men also attacked tractors used to destroy the crop. The National News Agency reported that 15 tractors were attacked in Ain al-Sawda, with the drivers reporting that they were warned not to take part in the eradication effort.

The hash farmers accused the Lebanese government of depriving them of their main source of income and neglecting the area's development needs. They argued that the Valley has been poor and marginalized for decades, and repeated crop substitution efforts have been half-hearted at best.

But Colonel Adel Mashmoushi, head of the Lebanese anti-drug agency, defended the eradication effort. He called cannabis "a dangerous poison" and warned "drugs will spread in Lebanese society," if the crop is not destroyed.

"Everybody knows that if we do not destroy cannabis, this will tarnish Lebanon's reputation on the international level," he added. "These plants deprive the Bekaa of all legitimate sources of making a living. God willing, in the coming days will prove how serious the state is in this move, we will continue to destroy cannabis until the last plant is eradicated."

And so begins the harvest season in Lebanon.

Singapore, once famously called "Disneyland with the death penalty" by author William Gibson, will move to relax the imposition of mandatory death sentences for drug traffickers.  The wealthy Southeast Asian city-state's deputy prime minister said Monday the government will produce a draft law by year's end that will give judges more discretion in some drug trafficking and murder cases, Reuters reported.

Singapore, which was been ruled by the same party since 1965, is a notoriously crime-averse society that subjects even minor offenders to punishments including caning. It has a zero-tolerance policy toward drugs. Amnesty International and other human rights groups estimate it has hanged hundreds of people, including dozens of foreigners, for drug offenses since 1990. 

Singapore has a mandatory death sentence for anyone found guilty of importing, exporting or trafficking in more than 500 grams of cannabis, 200 grams of cannabis resin or more than 1,000 grams of cannabis mixture; trafficking in more than 30 grams of cocaine; trafficking in more than 15 grams of heroin; and trafficking in excess of 250 grams of methamphetamine The mandatory death penalty for drugs was introduced in a 1975 Amendment to the Misuse of Drugs Act 1973 and was subsequently broadened.

But given the evolution of "our society's norms and expectations," the government will introduce the reforms, Deputy Prime Minister Teo Chee Hean told parliament. "While there is a broad acceptance that we should be tough on drugs and crime, there is also increased expectation that where appropriate, more sentencing discretion should be vested in the courts."

But not too much discretion. Escape from the mandatory death penalty would only be available to low-level couriers or those who have mental issues, Teo explained. The drug courier would have to show that he had no other role in supply or distribution.

"We also propose to give the courts the discretion to spare a drug courier from the death penalty if he has a mental disability which substantially impairs his appreciation of the gravity of the act, and instead sentence him to life imprisonment with caning," Teo said.

It's not that the government is going soft, Teo emphasized. "In particular, the mandatory death penalty will continue to apply to all those who manufacture or traffic in drugs -- the kingpins, producers, distributors, retailers - and also those who fund, organize or abet these activities," he said.

In 2010, the International Harm Reduction Association's Death Penalty Project identified Singapore as one of the nations highly committed to the use of the death penalty for drug offenses. Also included in that category are China, Iran, Saudi Arabia, Vietnam, and Malaysia. Another 26 countries, including the US, either actually execute some drug offenders or have laws on the books allowing for their execution.

But Singapore has been slowly shifting. While its customs forms still bluntly warn incoming travelers of "death for drug traffickers," the government has suspended all executions since it began a review last year.

Perhaps those other "highly committed" drug offense death penalty states will take notice.

Dismayed and horrified by the wave of prohibition-related violence unleashed on Mexico with President Calderon's deployment of the military to fight the country's wealthy and powerful drug trafficking organizations -- the so-called cartels -- Mexican voters on Sunday appear to have rejected Calderon's party, the PAN, instead harkening back to the past, choosing as president-elect Enrique Peña Nieto, candidate of the PRI, the party that dominated Mexico for most of the 20th Century.

While Peña Nieto is virtually certain to be Mexico's next president, it's not quite official yet. Mexico election officials are recounting half the ballot boxes because of inconsistencies in the tallies and expect to release final results Sunday. But with Peña Nieto holding a five-point lead over second place finisher Andre Manuel Lopez Obrador, the recount is unlikely to change the outcome.

The election came amidst relentless and terrifying violence. At least 55,000 people have been killed in the internecine conflicts among the rival cartels and in the multisided fighting between the cartels, the police, and the military, with thousands more gone missing. Election week saw a new video of Gulf Cartel operatives beheading four Zetas, as well as the killing of three federal police officers at the Mexico City airport by other federal police officers being targeted in a drug trafficking investigation.

That is nothing unusual for Mexico these days, six years after Calderon sent 50,000 troops and federal police out to stop the cartels. The question is whether Peña Nieto is going to do anything substantially different once he takes power in December, and right now, the answer is unclear.

During the run-up to Sunday's election, the charismatic former governor of the state of Mexico attempted to create some distance between himself and Calderon's approach, but his policy prescriptions appear to be more in the nature of adjustments than a radical rethinking. He has made two direct proposals for retooling Mexico's drug war and one key appointment.

Peña Nieto has called for the creation of a paramilitary force of 40,000 ex-soldiers to take the burden of fighting the heavily-armed cartels from the military, which has seen an increasing number of human rights complaints filed against it. But that will take time to pull together, and he has said nothing about sending the military back to its barracks before then.

He is also calling for something like a single unified national police force, or what he calls the mando unico, the unified command. Calls for reforming Mexico's police, with its thousands of different municipal, state, and federal department, have been a constant for at least the last quarter-century, as those forces repeatedly expose themselves as hopelessly corrupt and inefficient. But reorganizations have been done before, only to create a new cadre of cops to be corrupted.

In another sign of the direction he intends to take the country, Peña Nieto this week appointed as an internal security advisor the former chief of the Colombian national police, Oscar Naranjo. Working closely with the US, Naranjo vastly expanded the intelligence apparatus of the national police and is credited with helping to bring down the Medellin and Cali cartels. But Naranjo also ran the national police under the presidency of Alvaro Uribe, a period marked by shady dealings with rightist paramilitaries linked to the drug trade.

On Tuesday, Peña Nieto told PBS he would continue to use the military indefinitely.[Editor's Note: In that same interview, he had some words to say about discussing drug legalization; see our news brief on that here.]

"I will maintain the presence of a Mexican Army, and the Navy and police in the states of the Mexican Republic, where the problem of crime has increased," he said. "We will adjust the strategy so that we can focus on certain type of crimes, like kidnapping, homicide, extortion, which today, unfortunately, have worsened or increased, because we have a lot of impunity in some areas. The state's task is to achieve more efficiency, and to go back to the rule of law and enforce laws strictly in our country."

Raising eyebrows in Washington, Peña Nieto has previously hinted that he may refocus Mexico's anti-crime efforts, placing lesser emphasis on nailing cartel kingpins and eradicating illicit crops and placing more emphasis on reducing the violence.

"Violence is the most sensitive issue for Mexicans," he told the Financial Times in his first interview with an international newspaper. "Mexico cannot put up with this scenario of death and kidnapping."

Such comments have led many observers in both Mexico and the US to suggest that Peña Nieto may revert to the PRI's old ways. It is commonly believed -- although difficult to prove -- that during the latter part of its 70-year rule, that the PRI did not so much attempt to suppress the drug trade but to manage it, allowing itself to be bought off by the cartels. In return for non-interference from the state, the drug traffickers would keep a relatively low profile as they went about their business. What is certain is that the levels of violence around the drug trade and its repression have soared during the 12 years the PAN held power and moved aggressively against the cartels.

[Ed: Whether or not the government or individual officials made explicit deals with the cartels, it is generally understood among scholars that government's mostly manage illegal drug trades rather than seriously trying to undo them -- doing so enables them to keep crime within "normal" levels, as opposed to the kinds of bloodbaths seen in Mexico recently or Colombia during the time of Pablo Escobar.]

Sensitive to such charges, Peña Nieto took pains to say he was not going to make deals with the cartels. "There will be no pact or truce with organized crime," he said.

"What's really going on is that he's being very careful to assure the US that it will be business as usual, that they will continue fighting the drug war," said Nathan Jones, a fellow in drug policy at the Baker Institute in Houston. "There could be ways you could shift from counter-narcotics to counter-violence and have it be in line with US policies. With a counter-violence strategy, you would be consciously and publicly targeting the most violent cartels, but they're already doing that."

"Much is up in the air in terms of what differences there will actually be once he comes to power in December," said Elise Dunn, a research associate at the Council on Hemispheric Affairs. "On the one hand, he has promised not to negotiate with the drug cartels, and on the other hand, he comes to power at a difficult time, but I don't think the strategy will change dramatically. No president is going to lose the appearance of taking a hard stand against the cartels, but there are many accusations that he will deal with them, and those accusations are based on the past behavior of the PRI."

Still, Dunn said, the PRI has traditionally had a close relationship with the US, and Peña Nieto will seek to keep it that way.

"I would anticipate that in public relations with the US, he will say they'll go after the capos, but that's very much up in the air," she said. "He has also suggested that putting the military back in its barracks is an option, but I consider that very unlikely given the pressures the US would exert."

It is also unlikely, at least in the near term, because there is no effective force in place to replace the military.

"This idea of the paramilitary force composed of former soldiers seems to be popular in Mexico because the military is the second most respected institution in the country behind the Catholic Church," said Jones, "but 40,000 men is a very large force and that will take time to build, so they continue to have to use the military at least for the short term."

"The one reform Mexico really needs is a complete overhaul of its police force," said Dunn. "Peña Nieto has suggested the shift, and his paramilitary plan could be the core of a national police force. We need a complete overhaul of the more than 2,000 different police forces that have been rife with corruption and lack of transparency, but what that overhaul will look like is up in the air."

Reforming law enforcement, though, is an old and so far failed game in Mexico. As each corrupted unit or department is disbanded and replaced, the new ones consistently fall prey to the same temptations.

"One problem is that Mexico has been readjusting its federal police forces since the 1980s, they've had an alphabet soup of federal drug enforcement agencies, so I'm a bit skeptical about a new one," she added.

One obstacle to reforming the Mexican police will be political. While Peña Nieto triumphed on Sunday, the PRI failed to achieve a majority in the congress. That means he will need the support of other parties to move forward on the idea, and that's by no means a given.

Peña Nieto has five months before he takes office in December. There is no sign of any let-up in the prohibition-related violence, nor any sign all the captures or killings of cartel higher-ups are having any impact on the violence or the drug trade. And there appears to be little sign that the new president will do anything radically different about it -- at least not out in the open.

Colombia's Constitutional Court has approved the government's proposal to decriminalize the possession of small amounts of drugs for personal use. The opinion (scroll down to item three, Expediente D-8842) issued last Sunday re-decriminalizes drug possession in Colombia, which had decriminalized by the courts in the 1990s, only to be recriminalized under former President Alvaro Uribe.

The country's Supreme Court last year held that Uribe's recriminalization was unconstitutional. The government of President Juan Manuel Santos then moved to fill the legislative void by introducing decriminalization as part of a broad public safety bill, Law 1453. The Constitutional Court's ruling upholds the decriminalization portion of Law 1453.

Under the law, people caught with less than 22 grams of marijuana or one gram of cocaine for personal use may not be arrested or prosecuted, but could be referred to treatment. The law also decriminalizes the possession of other drugs, but it is unclear in what amounts.

The ruling was welcomed by Ethan Nadelmann, executive director of the Drug Policy Alliance.

"Today's judicial ruling in Colombia represents yet another important step in the growing political and judicial movement in Latin America and Europe to stop treating people who consume drugs as criminals worthy of incarceration," he said. "It is consistent with prior rulings by Colombian courts before former president Álvaro Uribe sought to undermine them, and also with rulings by the Supreme Court of Argentina in 2009 and other courts in the region. The Colombian Constitutional Court's decision is obviously most important in Colombia, where it represents both a powerful repudiation of former president Uribe's push to criminalize people who use drugs and a victory for President Juan Manuel Santos’ call for a new direction in drug policy."

"Most decriminalization initiatives in Latin America, however, are being proposed and enacted not by courts but by presidents and national legislatures," Nadelmann continued. "In addition to President Santos, Guatemala's new president, Otto Pérez Molina, is an advocate of decriminalization as are -- in various ways and to different degrees -- the presidents of Costa Rica, Uruguay, Ecuador and Argentina. Some Latin American countries, it should be pointed out, never criminalized drug possession in the first place. This trend follows in the footsteps of European reforms since the 1990s. Portugal, which decriminalized drug possession in 2001, stands out as a model."

"Decriminalizing drug possession appears to have little impact on levels of illicit drug use," Nadelmann argued. "Its principal impacts are reducing arrests of drug users, especially those who are young and/or members of minority groups; reducing opportunities for low level police corruption; allowing police to focus on more serious crimes; reducing criminal justice system costs; and better enabling individuals, families, communities and local governments to deal with addiction as a health rather than criminal issue."

"The United States clearly lags far behind Europe and Latin America in ending the criminalization of drug possession," Nadelmann noted. "Momentum for reform is growing with respect to decriminalization of marijuana possession, with Massachusetts reducing penalties in 2008, California in 2010, Connecticut in 2011 and Rhode Island earlier this year. All states, however, treat possession of other illegal drugs as a crime. Thirteen states, the District of Columbia, and the federal government currently treat possession of drugs for personal use as a misdemeanor, with penalties of up to a year in jail. The remaining thirty-seven states treat possession of cocaine, heroin and other drugs as a felony, with penalties than can include many years in prison."