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Vector Volume 11 Issue 2 - 2017

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and substance use programs).[9]<br />

Criminalisation: Central Asia<br />

Central Asian countries, such as Tajikistan, Kazakhstan,<br />

and Uzbekistan, have adopted an increasingly stringent<br />

approach to drugs.[14] In the year following the September<br />

<strong>11</strong> attacks, these countries received US $187.5 million<br />

from the US government to improve border control, counterterrorism<br />

measures and counter-narcotics initiatives.[14]<br />

Between 2004 and 2007, a strong criminal justice-based<br />

approach was further reinforced in Central Asia with funding<br />

from international agencies, other foreign governments and<br />

national budgets directed to legal action against drug use.<br />

[14]<br />

Further, national campaigns in Central Asia often label<br />

drug users as evil, increasing the stigma and discrimination<br />

which perpetuates cycles of drug use.[15] Little or no<br />

rehabilitation or treatment is available for substance users,<br />

with such countries preferring a model of criminalisation and<br />

incarceration.[14] For example, opioid substitution treatment<br />

is prohibited in Tajikistan and Turkmenistan, minimally<br />

available in Uzbekistan and Kyrgyzstan, and non-existent in<br />

Kazakhstan.[14] The lack of treatment for drug users and<br />

increasing accessibility of opiates has resulted in a growing<br />

HIV epidemic in Central Asian prison systems with poor longterm<br />

health outcomes.[14]<br />

Decriminalisation: Portugal<br />

Prior to 2001, drug use was criminalised in Portugal,<br />

yet rates of heroin use and drug trafficking continued to<br />

increase.[3] Consequently, the Portuguese government<br />

drafted a law decriminalising all drugs purchased, possessed<br />

or consumed for personal use. This law also had a public<br />

health focus towards rehabilitating those with substance<br />

use disorders, and a punitive focus towards high-level drug<br />

trafficking. This involves a committee of two medicallytrained<br />

persons and one legally-trained person, deciding first<br />

whether an offence is protected by this law, and then whether<br />

the offender is suffering from a drug use disorder.[3] This law<br />

only aimed to decriminalise low-level drug offences; strict<br />

laws remain against high-level offenders and drug traffickers<br />

who propagate this vicious cycle and endanger the general<br />

community.[16]<br />

After this law was passed,<br />

Portugal reduced its burden on the<br />

criminal-justice system, allowing<br />

more funding allocation towards<br />

public health endeavours, including<br />

prevention campaigns, treatment,<br />

and facilities.[17] Treatment<br />

uptake consequently increased,<br />

resulting in decreasing rates of drug-associated illnesses.[4,<br />

18] During the four years following decriminalisation in 2000<br />

to 2006, there was a significant decrease in the incidence<br />

of new cases of HIV/AIDS amongst drug users in Portugal,<br />

from almost 1400 to 400 persons.[18] Decreased rates of<br />

new hepatitis B and C infections have also been evident,<br />

attributed to the improved treatment and rehabilitation<br />

programs afforded by decriminalisation.[17, 18] Moreover,<br />

“...a staggering 400 Australians die yearly<br />

from heroin overdose, and most areas have<br />

a demand for substitution products far outweighing<br />

the supply”<br />

absolute numbers of drug-related deaths by each prohibited<br />

substance decreased; the total number of drug-related<br />

deaths decreased from 400 in 1999 to 290 in 2006.[18]<br />

Importantly, while some speculated that decriminalisation<br />

would lead to lower prices of drugs and subsequent<br />

higher rates of usage, the cost of drugs did not decrease.<br />

[19] In fact, the rates of cannabis and cocaine use after<br />

decriminalisation have been three times lower than before.<br />

[18] Further, data extrapolations have predicted lower lifetime<br />

prevalence rates of drug use for almost all drug categories<br />

post-decriminalisation.[18]<br />

Decriminalisation: West Africa<br />

West African countries must contend with both<br />

international drug cartels and the growing transit of illicit<br />

substances to Europe and North America. Consequently, local<br />

consumption of illicit substances has increased, especially<br />

among younger persons, with significant economic, health<br />

and social consequences.[20] While data is scarce, in 2008 it<br />

was estimated there were 1.8 million intravenous drug users<br />

in Sub-Saharan Africa, of whom 12% were thought to be living<br />

with HIV.[20, 21]<br />

In 2014, the West Africa Commission on Drugs published<br />

a declaration specifically stating that “criminalisation of drug<br />

use worsens health and social problems, puts huge pressures<br />

on the criminal justice system and incites corruption”, and<br />

that “drug use must be regarded primarily as a public health<br />

problem”, mirroring the movements of Portugal.[20] Despite<br />

these recommendations, there is currently no evidence<br />

that any West African countries have been successful in<br />

implementing drug decriminalisation policies.<br />

Drug policy in Australia and the way forward<br />

In 1985, the Australian Government adopted an official<br />

national drug policy of harm minimisation.[1] In the 2002-<br />

03 financial year, the Australian Government allocated $3.2<br />

billion to managing illicit drugs, 75% of which was spent on<br />

drug law enforcement, aiming to decrease drug and drugrelated<br />

crime, and improve public health and safety.[1,<br />

16] Despite this investment, a staggering 400 Australians<br />

die yearly from heroin overdose, and most areas have<br />

a demand for substitution products far out-weighing the<br />

supply, notwithstanding the costly<br />

co-payment.[1] The methadone<br />

substitution program and syringe<br />

exchange services available in<br />

Australia have made an impact, yet<br />

with a growing affected population<br />

and the root cause unaddressed,<br />

the need is largely unmet.[1]<br />

Harm minimisation still perpetuates discrimination and<br />

marginalisation of drug users, instead, decriminalisation can<br />

reduce stigma and is essential to better health outcomes.[3]<br />

The Australia21 report, published in 2012, was effective<br />

in initiating a debate on drug reform. The report not only<br />

illustrated the harmful effects of criminalising possession<br />

and personal use on drug-dependent individuals in an<br />

36

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