|
Developing Counter-Narcotics Policy in Central
Asia
Legal and Political Dimensions
by Kairat Osmonaliev
Click HERE to download
this 100-page report in PDF format
Executive Summary
Since 1993, there has been a thirty-fold increase
in heroin seizures in Central Asia. The social pathology of
organized crime, which supervises and carries out illicit drug
trafficking to Russia and Western countries as well as the
laundering of illegal proceeds, has grown to become a significant
threat to the regional states. So far, law enforcement agencies have
proven unable to formulate, let alone implement, adequate measures
against this threat. The scale and multi-faceted nature of the
struggle against narcotics in the region has not been matched by a
serious analytical forecasting effort to understand its development.
Without such analysis, it is impossible to obtain a full
understanding of the situation and planning for relevant time frames
while determining the purpose and objectives of counter-narcotics
policy. Moreover, this analysis is required to determine priorities
in counter-narcotics and the range of their institutionalization.
This analysis of the drug situation in Central Asia
over the last few years reveals a large expansion that poses an
escalating danger to the stable and secure development of the Central
Asian region. The situation in the sphere of illegal trafficking in
Central Asia is exacerbated by a negative societal situation that has
intensified a sense of desperation and hopelessness especially among
exposed layers of population, in turn leading to increased addiction
problems.
Among other issues, drug trafficking is considered
to be an essential source of income for international terrorism, and
the coalition powers in Afghanistan have so far been unable to
effectively deal with the issue. Nevertheless, the struggle against
drug trafficking in Afghanistan is closely associated with the
settlement of a range of social and economic problems, primary among
which is political stability. Huge drug markets in Russia, Europe and
China have developed into stable consumption countries, stimulating
supply. Furthermore, the lack of political stability in Central Asia
and the weakness of the regional states makes countries vulnerable to
international drug trafficking.
It is apparent that the forces involved in drug
trafficking are interested in regional instability that permits their
business to continue, implying that these groups pose significant
security challenges. The vast profits gained from the drug trade have
served to support militant forces with links to global terrorism,
indicating a threat not only to the countries in Central Asia but
beyond the region. In sum, the deteriorating drug situation increases
the risk of the region becoming a cauldron of instability.
That said, The Central Asian countries still have
the possibility to contain drug addiction and trafficking at levels
that do not pose vital threats to society and state. However, if the
tendencies in drug addiction and trafficking continue as presently
without a reasonable and well-directed state policy, the chances of
seeing the drug situation stabilized over the next three years are
low.
The most likely scenario is that the region will
see a steady increase in the drug trade in the coming three to five
years. Drug related criminal activity is therefore expected to rise at
a level of 4-5%. As a result, the social systems will degenerate even
more. Less law-conscious people will be pushed into drug trafficking,
which will increase the poverty level in the long run. Trafficking
through ill-guarded borders will significantly increase. Lacking
logistical support, law enforcement agencies will in general remain
poorly trained and partly criminally infiltrated. This will
consequently rise to pose an ever greater national security threat.
The main task of state counter-narcotics policy as
a part of comprehensive security could be termed narcological
security, a social condition achieved when drug addiction and
drug-related crime do not present a threat to state and society. There
are different ways to achieve narcological security, and the success
of government drug policy depends on several factors. Sweden is a
country that appears to have achieved narcological security, through a
well-balanced approach to supply and demand reduction. On the other
hand, excessively liberal or repressive policies have failed to
generate desired results.
On the repressive side, a policy based on declaring
war against drugs is distinguished by the prevalence of punitive and
repressive measures while counteracting illegal drug circulation and
drug abuse. The fallacies of this approach is illustrated by the U.S.
now changing the priorities of its counter-narcotics policy. Likewise,
Chinese efforts in their war on drugs focus increasingly on the
prevention of drug usage among young people.
On the liberal side, policies focusing on the
legalization of drugs convey great costs for society. The Netherlands
and Switzerland legalized drug use many years ago, causing a close to
unlimited supply of both soft and hard drugs. As a result, the drug
situation is beyond the control of authorities, especially when noted
that the Netherlands attracts drug dealers and addicts from countries
with stricter drug policies. Despite the fact that legalizing reduces
hidden drug addiction, it also leads to an expansion of overall rates
of drug abuse, of illegal trafficking and of the general level of
demand.
The Central Asian states have not yet reached a
full understanding of their counter-narcotics strategies and policies.
Work on demand reduction in society and on managing drug abuse is
carried out unsystematically, without due state support. The system of
treatment of drug addicts is in a most complicated situation, as the
social rehabilitation of drug addicts under state supervision is not
being carried out.
Public opinion on drug use is one of the major
components included in any government’s efforts to fight drug
addiction. The Swedish aim of a drug-free society is a high objective
expressing society’s attitude toward narcotics. There, drug use
remains a socially unaccepted form of behavior; therefore, drug abuse
remains a marginal phenomenon. The Swedish drug-policy model is a
model to follow for countries in which the vision of a drug-free
society is widely accepted and seldom seriously questioned in the
political arena or the media. Nevertheless, one of the most important
enabling factors in the effectiveness of Swedish counter-narcotics
policy is state-financed support for most governmental and
non-governmental treatment and prophylactic measures.
The Central Asian counter-narcotics concept needs
to recognize that success in fighting the drug problem requires a
well-balanced approach based on a wide use of law-enforcement as well
as preventive measures, directed to the achievement of total control
of the problem by the state, resulting in a consistent reduction of
its negative social consequences. A successful restrictive
counter-narcotics policy uses a variety of harsh and liberal
approaches combined with a complex strategy for both demand and supply
reduction. Simultaneously, the social condemnation of drug addiction
is expressed, which remains the essence of the counter-narcotics
measures adopted.
The countries of Central Asia generally cling to
restrictive counter-narcotics policies, although there are some
differences among them in their legal and administrative nuances. The
increasing danger of an expanding illegal drug trade requires the
application of adequate and well-coordinated measures by all the
Central Asian republics. The effectiveness of counter-narcotics
policies depends mainly upon their uniformity and purposefulness. The
major components in the implementation of counter-narcotics policy
include: the observance of human rights and civil liberties; a
realistic approach where achievable objectives are set; a wide scope
of operations including the use of governmental organizations and
NGOs; civil society involvement where cooperation between governmental
institutions and public organizations, including religious and local
communities, creates societal awareness rooting out drug use; and
increased development of international cooperation. The Central Asian
states have agreed that the effort to establish a “security belt”
around Afghanistan is one of the long-term objectives.
Appropriate counter-narcotics policy begins by
establishing a legal framework and prioritizing legislative
initiatives. Like any other state policy, counter-narcotics must not
only be adopted but implemented. Besides, the Central Asian countries
should harmonize their counter-narcotics legislation in order to
conduct cooperative and effective counter-narcotics policy. Several
recommendations can be made for the improvement of drug-related
legislation in the following areas: curtailing drug trafficking;
preventing illegal drug use; treating and rehabilitating drug addicts;
regulating the legal usage of drugs; and expanding international drug
control cooperation. Improving the organizational basis of
counter-narcotics efforts requires a functioning and effective system
of control. Within this framework, it is necessary to determine the
optimal balance of institutional and public control over the
realization of counter-narcotics policy.
The states in Central Asia have made effort to work
closer together in their attempt to solve their common narcotics
problems. The Central Asian Community (CAC) has been established in
order to increase regional cooperation and integration toward
strengthening security in the region. Under the auspices of one or
several great powers, cooperative mechanisms such as the Shanghai
Cooperation Organization (SCO) and the Collective Security Treaty
Organization (CSTO) have been created. Moreover, the Economic
Cooperation Organization (ECO) has brought Central Asian states closer
together with their southern neighbors in their effort to rebuild
Afghanistan. All these organizations and initiatives have instigated
nominal efforts to address drug trafficking, yet practical regional
cooperation leaves much to be desired. Likewise, numerous other
memoranda and agreements between the regional states aim at providing
security and stability. The Silk Road Diplomacy doctrine launched by
Kyrgyzstan’s president Akaev in 1999 represents a general road map for
the region and in which direction the cooperation should move.
The lack of effective regional cooperation has
given increased importance to international initiatives involving
outside powers and organizations. The European Union seems so far not
to consider the Eurasian drug problem as its own. Opium poppies remain
the most sustainable crop in the remote and suffering Afghanistan, and
the region’s only link with globalization. The UNODC has by default
become the most active international actor in counter-narcotics.
The last ten years have shown that the repressive
counter-narcotics policies of Central Asian states cannot work alone
and in isolation. It should nevertheless be noted that cooperation
between institutions has become much more effective. Drug control
agreements are more of a declarative nature and are not observed
properly, particularly in areas related to legal assistance,
information exchange and controlled deliveries. The need for long-term
planning is eminent.
In summary, Central Asian states have completed the
first stage of formulating their counter-narcotics policy. However,
there is still little interaction between law enforcement structures
in the border and peripheral areas. In many ways cooperation remains
merely declarative, information is only exchanged formally, the system
of communication officers is dysfunctional and controlled deliveries
do not occur frequently. Overall, it is clear that closer cooperation
between the countries of Central Asia is needed. Governments need to
find mechanisms for implementing agreements in their entirety, with
adequate financial support, and to begin to harmonize their legal
frameworks on countering drug trafficking, money laundering and human
trafficking. All proposals that aim to straighten overall security in
Central Asia rest on the ability of countries there to deepen their
cooperation. Given that these threats to security and stability are
held in common, they should be a force for unity rather than argument.
Analysis of the actions of Central Asian law
enforcement agencies against drug trafficking holds little promise for
an improvement of the situation in the near future. In fact, current
trends suggest that it will worsen and the unfortunate facts is that
drug-related crime is entrenching itself deeper into Central Asian
societies and institutions. Established methods of countering the drug
trade, legislation to attack it and research achievements that suggest
methods to counter it all lag far behind the expansion of the drug
trade, its changing methods, and its success in corrupting the state
apparatus.
Finally, it should be noted that the states of Central Asia,
particularly Tajikistan and Kyrgyzstan, face a significant risk, in
the longer term, of becoming illicit drug producers themselves. These
Central Asian states, currently in a process of development, are in
danger of choosing the wrong model for the formulation of their
counter-narcotics policy. Therefore, international cooperation is not
only a necessary condition for countering drug trafficking and
organized crime, but it is also an important preventive instrument.
Every country must recognize their vulnerability to transnational
criminal organizations. To achieve the effective mitigation of the
problems of drug trafficking and abuse, organized crime, and
terrorism, economic growth must be a priority, including a central
role for the development of infrastructure and devised social
programs.
|