New Approaches to Public Security and Drug Policy
Presentations from the International Symposium on Public Security and Drug Policy,
Rio de Janeiro 25-27 February 2008
Download the complete book (PDF)
Download the book by chapter (PDF)
The phenomenon of illegal drugs and their
impact on the public security field demands
ever increasing attention from diverse
countries around the world. As a challenge
of global proportions, an international
dialogue is needed in order to generate
innovative and efficient responses. In order
for our societies to progress, an adequate
approach to meeting the challenges of
illegal narcotics and public security is
needed.
The symposium served to bring attention to
the public security poliy-making community
the challenges posed to the public security
field with the drug trafficking, and
importance of drug policy.
Drug Policies
The problem of drugs is a complex issue
that brings multiple challenges to society.
Meeting the challenge imposed by illegal
drugs for Brazilian authorities, is a question
of public health, combating criminality,
national security, and culture [Tarso Genro].
This perspective is shared by many
countries, and proscribes that the combating
of illegal drugs should attack the root of the
problem [Francisco Thoumi]. A
multidisciplinary approach which aims to
prevent the harmful effects of overcriminalisation
[José Luís Lopes da Mota]
and the discrimination of drug users is
needed [Oscar Zuluaga], allowing for a
more successful approach.
Brazilian Policy on Drugs
In Brazil, the Law on Drugs was re-aligned
in 2006, allowing the country to replace an
obsolete legislation and offer an innovative
policy [Jorge Armando Félix], in harmony
with Brazil’s Constitution and the UN
norms [Paulo Roberto Yog de Miranda
Uchôa]. One of the progressive aspects of
the new Law on Drugs is the distinction
between sanctions for users and traffickers
of drugs. This restorative justice model
guarantees the offender proportionality of
punitive measures with stressing the
importance of therapy and re-educative
measures [Joaquim Domingos de Almeida
Neto], following expert recommendations
for a distinction between the different types
of offenders [Antônio Nery Filho].
Public Security and Drugs: A Multi-
Disciplinary Vision
Public Security and its relation to the
problem of drugs have many aspects, and a
multi-dimensional approach by the
government is needed in order to target the
various aspects of the problem [Antônio
Carlos Biscaia]. At this point, Brazil has
advanced with innovative approaches as in
the case of PRONASCI [Norine
McDonald/Raymond Kendall]. The
programme seeks a new paradigm for public
security that allies security policies with
social inclusion policies, confrontation with
prevention and includes police operations in
order to create territories of peace [Antônio
Carlos Biscaia]. PRONASCI is in harmony
with the notion that the problems of public
security and drugs, reflects non resolved
social problems that most affect the more
vulnerable communities, where institutions
are weak and inconsistent [Francisco
Thoumi/Alba Zaluar/ José Mariano
Beltrame].
Public Security and Drug
Trafficking: The case of Rio de
Janeiro
In Rio de Janeiro, as in other places, such as
Colombia, the problem of drug-trafficking
reflects unresolved social issues,
compounds existing social problems, and
brings harmful social effects to society
[Francisco Thoumi]. The violence in Rio is
an example of this, where an increasing
number of youths from the cities slums
(favelas) are involved in drug trafficking
[Alba Zaluar] which creates a serious
problem of public security. Under the power
of drug trafficking factions or militias,
nuclei of criminality have been installed,
bringing daily violence into citizens’ lives.
Against these heavily armed groups, the
police see their role limited to the
containment of violence based on the
intelligence, since resources are scarce and
investment levels low [José Mariano
Beltrame].
Drug Trafficking and Organised
Crime
Drug trafficking is an important segment of
the international industry of crime [José
Luís Lopes da Mota]. It gives organised
crime access to a ‘super-economy’, an
overwhelming advantage in terms of
capitalisation over law enforcement
agencies [Norine McDonald]. Afghanistan,
world leader in illicit opium production,
illustrates this situation, where the excessive
profit and money laundering finance
terrorist activities and corrupt the state. On
the other hand, drug trafficking is reacting
faster to the changes in the world than the
antidrug agencies [Romesh Battachraji].
The process of globalisation has allowed a
rise of the mobility and ease of criminal
transactions, making organized crime more
sophisticated and efficient [Emmanuel
Reinert].
With the population growth and hyperdevelopment
in urban areas, a phenomenon
of mega-slums is emerging, creating
environments favourable to illicit activities,
representing a growing challenge to public
security. While organized crime benefits
from the growth of mega-slums, and the
mobility and ease of communication,
adequate law enforcement responses
become more and more difficult
[Christopher Langton].
Strategies to combat organised
crime
In response to the evolution of organized
criminality in Brazil, the Federal Police
conducted a systemic structuring of the
intelligence sector. Specialized sectors were
created, maintaining the systemic character
of the institution, creating channels for a
systemic re-use of knowledge obtained
[Luiz Fernando Corrêa].
The Federal Police’s combat of criminal
organizations has been conducted through
international cooperation in proactive
investigations aimed at disarticulating their
structures. Based on advanced techniques
and with a legislation progresses, Brazil
started the rigorous control of precursor
chemicals, the criminalization of money
laundering, and participation in an intensive
exchange with foreign police forces,
including joint investigations. Added to this
international cooperation, the department is
also concerned with the continuous effort of
actualising, articulating and expanding its
capacity to respond to emerging challenges
[Roberto Troncon].
International coordination and cooperation
is key if police agents and the justice system
is to respond to the threat of highly
capitalised criminal networks. EUROJUST
is an initiative that seeks to improve the
capacity of cooperation and coordination
between member states’ cases involving two
or more states, on the judiciary level
through de-bureaucratization, simplification
and systemic approximation[José Luís
Lopes da Mota]. The Multilateral
Evaluation Mechanism (MEM) of the OAS
is also a relevant initiative for the
coordination of interstate cooperation on the
combat of drug abuse, crime, and violence.
As an effectiveness evaluation instrument of
the antidrug measures implemented by the
members, MEM makes possible the sharing
of knowledge and allows the identification
of regional weaknesses and vulnerabilities,
while at the same time highlighting which
areas require higher levels of cooperation
[Abraham Stein].
Download the chapters (PDF):
1. The Makings of Brazilian Drug Policy
Jorge Armando Félix, Chief Minister of the Cabinet of Institutional Security of the Presidency of the Republic and President of the National Antidrug Council – Brazil
Jorge Armando Félix, President of the National Anti-drug Council and Chief Minister of the
Cabinet of Institutional Security of the Presidency of the Republic of Brazil, introduced
Brazilian drug policy, noting that it was institutionalised just five years ago, under President
Luiz Inácio Lula da Silva’s administration.
2. The Drug Market
Tarso Fernando Herz Genro, Minister of Justice – Brazil
Minister of Justice, Tarso Fernando Herz Genro,
pointed to the multidimensional character of public security issues and the drug problem,
which transcend class boundaries and require the engagement of a range of governmental
institutions and civil society.
3. International Council on Security and Development (ICOS) – An Introduction
Norine MacDonald QC, President of the International Council on Security and Development (ICOS)
The President of the International Council on Security and
Development (ICOS), Norine MacDonald QC, concluded the first session by introducing the
Council and the security and development paradigm that its work promotes.
4. Opening Address - Latin American Public Security Challenges: Regional Solutions
Abraham Stein, Assistant Secretary for Multidimensional Security of the Organisation of American States
Part One: Public Security and the Problem of Drugs
The first session of the seminar was on
Public Security and the Problem of
Drugs. Brazilian and international
authorities, who act directly in reducing
drug supply and demand, made
presentations. Speakers demonstrated the
impact of the problem of drugs on public
security activities, and ways to minimize the
problem.
5. Panel Chair
Vitalino Canas, President of the Commission for European Affairs in the Assembly of the Republic, Portuguese MP and Senior Advisor to the International Council on Security and Development (ICOS)
The mediator, Vitalino Canas, Congressman
and ICOS senior advisor explained that
there is a confluence between Brazil and
Europe regarding the multidisciplinary and
multidimensional view on public security
and the problem of drugs. According to Mr.
Canas, Brazil avoids policies focused on
repression and is today one of most
progressive and innovative countries. As an
example, he mentioned PRONASCI and law
11.343 (the updated Brazilian Law on
drugs) which, according to him,
demonstrates a progressive and correct
concession.
6. Brazilian Drug Policy
Paulo Roberto Yog de Miranda Uchôa, National Antidrug Secretary, Presidency of The Republic – Brazil
General Yog de Miranda Uchôa, Brazil’s
National Anti-drugs Secretary, started his
speech evaluating the physical dimensions
and geographical situation of the country, a
structure prone to facilitating drug transit
and consumption. General Uchôa described
the creation of the national anti-drugs
policy, emphasizing the integrated federal
and state endeavours, and how it was
updated and harmonized with the Brazilian
Constitution and the UN resolutions. He
affirmed that, in 2006, it was approved as
law giving more emphasis to a drug user’s
recovery than gave to his or her arrest, as
much as it emphasized the drug demand
reduction.
7. The Federal Police’s Systemic role in Drug Policy
Luiz Fernando Corrêa, General Director of the Federal Police – Brazil
Luiz Fernando Corrêa, Director-General of
Brazil’s Federal Police contextualized the
role of his institution in the Anti-drugs
National Policy framework. Due to the
Policy, the Federal Police started to
coordinate activities regarding the
repression of drugs, also articulating with
other governmental institutions, and
transferring to state police forces the duty of
investigating and curbing drug traffic. Mr.
Corrêa also pointed out focus points of the
Federal Police: such as cooperating with
foreign police institutions, improving
intelligence, and expanding the institutions
working capacity, in order to respond to the
raising demands of its services.
8. The Complex Issue of Drugs and the Public Security Work
Antônio Carlos Biscaia, National Public Security Secretary (2007-2008) – Brazil
Antônio Carlos Biscaia, the then National
Public Security Secretary, discussed this
issue from SENASP’s perspective.
Recognising the multiple aspects of the drug
trade and affirming that the government’s
action should be multidisciplinary and
coordinated, impacting at the same time, on
a number of aspects. The Secretary
emphasized the role of the law 11.343,
while criticizing the judicial system’s lack
of efficiency in addressing each case.
Finally, Mr. Biscaia described SENASP’s
duties, which initially only supported
policies against drugs, but currently now, in
coordination with PRONASCI, combines
public security policies with social inclusion
measures
9. Drug trafficking: International Cooperation in the Area of Penal Affairs
José Luís Lopes da Mota, President of EuroJust, the European Union’s Judicial Cooperation Unit
José Luís Lopes da Mota, president of
EUROJUST, affirmed that organised crime
takes advantage of the opportunities
provided by globalisation, and that the drug
traffic is the most important segment of the
international crime industry. Mr Lope da da
Mota explained that the drug problem must
be approached through multidisciplinary
interventions, in order to prevent the
harmful effects of over-incrimination. An
increase in international cooperation and
coordination are key elements for the police
and justice systems to be capable of dealing
with this highly profitable criminality, and
detecting, processing and convicting those
held responsible, while also avoiding
harmful situations, such as incrimination
due to poverty. Mr Lopes da Mota presented
EUROJUST as a world class Juridical
cooperation laboratory, since it aims to
stimulate and promote Juridical
coordination whenever criminal cases
involve two or more states.
10. Political Rhetoric and the Gap between Policy and Practice
Raymond Kendall, Honorary Secretary of INTERPOL, Senior Advisor to ICOS
Raymond Kendall, Honorary Secretary
General of INTERPOL, and Senior Advisor
to ICOS, explained that in the Special
Session on drugs of the United Nations in
1998, drugs were seen as a dangerous threat
to all societies. Given this, Mr Kendall
explained that it is necessary to balance
repression with the reduction of demand. Mr
Kendall commented that Brazil’s
PRONASCI programme is an initiative
which recognises that a multidisciplinary
approach is necessary to tackle the challenge of tackling drugs and providing
security. ICOS’ Senior Advisor spoke of the
inefficiency of periodic police operations in
areas which the state does not control. In
conclusion Mr Kendall highlighted the
importance of security, and that security
cannot be provided without development.
Part Two: Narcotraffic and International Security
In the second session the speakers
presented some of the implications of
international criminal organisations,
notably narco-trafficking organisations for
regional, hemispheric and global security.
The new groups, networks and criminal
connections in operation in the world, and
the actions taken to combat them were
presented by the speakers.
11. Panel Chair
Emmanuel Reinert, Executive Director of the International Council on Security and Development (ICOS)
Emmanuel Reinert, Executive Director of
ICOS started the session introducing the
negative aspects of globalisation in
increasing the mobility and ease of criminal
connections. Reinert also explored the
‘politicisation of organised crime’ –
criminal organisations seeking participation
in local politics as a strategy to conquest the
hearts and minds of communities and local
leaders, in order to facilitate their criminal
objectives.
12. Trends in the Global Cycle of Violence and Crime
Christopher Langton, Senior Fellow for Conflict and Defence Diplomacy, International Institute of Strategic Studies – United Kingdom
Colonel Christopher Langton, Senior
Fellow for Conflict & Defence Diplomacy
at IISS, explained the implications of
globalisation, urban population growth, the
diffusion of communications, and container
transit, relating these factors with the
increasing trend of groups operating outside
the law in an organised fashion. Coronel
Langton explained the principle tendencies
in criminal groups and their sources of
financing. He concluded that globalisation
ever increasingly facilitates the activities of
these groups, while making the task facing
law enforcement more difficult.
13. Narco-traffic As A Threat To International Security
Romesh Bhattacharji, Former Narcotics Commissioner, Senior Advisor to ICOS – India
Romesh Bhattacharji, former Narcotics
Commissioner of India presented a case
study of Afghanistan’s heroin commerce.
Explaining three facets of the problem: The
trade in chemical precursors, the excessive
profits of narco-trafficking, and the related
money laundering of these products. Mr
Bhattacharji gave a detailed case study of
Afghanistan, where heroin export combined
with the inefficiency of repressive and
fiscal agencies, allows the Taliban to obtain
more and more profit, contributing directly
to the financing of the insurgency.
14. Illegal Drugs and Security: The Story of the Chicken and the Egg?
Francisco E. Thoumi, Founder, Drug Policy Institute – Colombia
Francisco Thoumi, Founder of the Institute
for Public Policy on Drugs in Colombia,
explained that drug cultivation occurs in
regions where illegal activities can occur
with greater ease. Thoumi explained that
the production, as much as the consumption
of drugs reflects un-resolved social
problems in society, with a tendency to
concentrate in the most vulnerable parts of
society, exacerbating existing social
problems. Thoumi critiqued repressive
policies of combating drugs without
preventative actions for their inefficiency,
in failing to address the root of the problem, concluding that the challenge is to look for
a solution.
15. Challenges and Responses in Brazil: The Federal Police
Roberto Troncon, Director of the Department for the Fight against Organised Crime of the Federal Police – Brazil
Roberto Troncon, Director of the
Combating Organised Crime Department of
Brazil’s Federal Police, offered an analysis
of the phenomenon of narco-trafficking
through the prism of organised crime,
explaining the mechanisms adopted by
Brazil in reducing drug supply. Troncon
explained the differentiated approach of
pro-active investigations aimed at
disarticulating criminal organisations. The
Director of the Organised Crime
Department affirmed Brazil’s interest in
cooperation in combating drug trafficking at
the domestic and international levels, and its
will to increase international exchange in
order to build the capacity of police agents,
and encourage the transfer good practices.
16. Public Security in Rio de Janeiro
José Mariano Benincá Beltrame, The Public Security Secretary of Rio de Janeiro – Brazil
José Mariano Beltrame, Rio de Janeiro’s
Public Security Secretary, explained the
reasons that put Rio de Janeiro in the
present public security situation. Mr
Beltrame explained the extensive influence
that drug trafficking factions and militias
have over the favelas, imposing violence on
people’s everyday lives. The Secretary
presented the work of the Secretariat of
Public Security, where there is a lack of
investment, equipment and human
resources. The Secretary concluded that that
the combat of violence should be achieved
through the promoting human dignity, the
generation of work and income, and social
inclusion of at risk youths.
Part Three: Youths and Narcotraffic: Factors of Risk and Protection
In the last session of the Symposium, the
speakers discussed the consumption and
traffic of drugs from a social perspective,
such as legal aspects, and factors of risk and
protection from drugs for youths.
17. The Role of Treatment and Punishment for Drug Offenders
Antônio Nery Filho, Founder and General Coordinator of the Centre of Studies and Therapy to Drug Abuse (CETAD) of the Federal University of Bahia – Brazil
Antônio Nery Filho, Founder and
Coordinator of The Centre for Studies and
Therapy for Drug Abuse presented a
hypothesis that an individual eventually
uses drugs in order to escape from suffering.
Mr Filho emphasised the importance of a
distinction between different types of drug
users, and the different types of treatment
each may require. In conclusion, Mr Nery
Filho highlighted preventative measures
against drug abuse as essential measures.
18. The Special Criminal Courts and The Drugs
Joaquim Domingos de Almeida Neto, Judge, Tribunal of Justice, Rio de Janeiro – Brazil
Mr Joaquim Domingos de Almeida Neto,
Judge at Rio Justice Tribunal explained
Brazil’s Law on Drugs, which distinguishes
between drug users and drug dealers,
passing from a retributive justice model, to
a model of restorative justice. Mr Almeida
Neto explained the importance of the
Special Criminal Courts for processes
involving drug users, as these courts permit
more interaction between the Judge and
parties involved. In this interaction the
penalty is defined in a flexible manner, and
offers educational or therapeutic outcomes,
guaranteeing the individual proportionality
in punitive measures.
19. Youth and Drug Trafficking in the City of Rio de Janeiro
Alba Zaluar, Founder and Coordinator of The Nucleus for Research on Violence (NUPEVI), Institute of Social Medicine, State University of Rio de Janeiro – Brazil
Dr. Alba Zaluar, coordinator of NUPEVI,
explained the phenomenon of the growing
number of youths becoming involved in
drug trafficking and violent criminality. Dr
Zaluar’s presentation covered the themes of
the process of re-democratisation in Brazil,
the structure of the Military Police, the
effects of informality in land rights, hypermasculinity,
and was supported with data
from various research projects. The
anthropologist proposed pro-active and
preventative measures aimed to anticipate
crime and promote the socialisation of
youths who in-habit ‘sub-normal
conglomerations’ where state institutions
are weak and inconsistent.
20. The Rome Consensus – An Introduction
Oscar Zuluaga, Special Representative of The Red Cross Rome Consensus on Humanitarian Drug Policy, Senior Advisor to ICOS – Colombia
Oscar Zuluaga, Special Representative of
The Red Cross for The Rome Consensus for
Humanitarian Drug Policy, explained that
the principle of The Red Cross movement is
to alleviate to human suffering. Following
this, he characterised drug users and
dependents as a group of people that suffer
systematically, especially where policies are
in place which discriminate and exclude
them. As part of a solution to the problem,
Mr Zuluaga highlighted The Rome
Consensus, which supports raising the
profile of the subject at the international
level, educating youths against drug use,
and the treatment and rehabilitation of drug
users.
21. Concluding Remarks – Brazilian Government
22. Concluding Remarks – International Council on Security and Development (ICOS)
|
