Mmegi

Commission wants to decriminalize drug use

Motlanthe and Boko shaking hands after the Eastern and Southern Africa Commission on Drugs (ESACD) meeting in Gaboron 
PIC: BW PRESIDENCY
Motlanthe and Boko shaking hands after the Eastern and Southern Africa Commission on Drugs (ESACD) meeting in Gaboron PIC: BW PRESIDENCY

The Eastern and Southern Africa Commission on Drugs (ESACD) has called on countries across the region to consider decriminalisation and legalisation approaches to drug use and trafficking

. Speaking at the just-ended ESACD expert meeting on cannabis policy that was held at Avani Hotel, Gaborone, the commission’s Chairperson, Kgalema Motlanthe, who is also the former President of South Africa, emphasised the need for a shift away from disciplinary measures that criminalise drug users. The meeting was aimed at drawing attention to the experts’ contributions in formulating policy frameworks on the legalisation of cannabis for medical and scientific purposes in Eastern and Southern Africa. Motlanthe urged governments to adopt drug policy frameworks that provide alternatives to strict criminalisation, highlighting that the approach is gaining traction globally. “Many parts of the world are realising that criminalising drug users is not the solution. Instead, we must look at alternative methods that are more humane and effective in managing drug use. Countries should change the way they police their drug market,” he said. Motlanthe’s remarks came alongside a call for a fundamental shift in law enforcement approaches to drug trafficking. He argued that current policies, which focus on prosecuting low-level drug users and small-time dealers, are ineffective in tackling the illicit drug trade. “If we truly want to disrupt the drug market, we must move away from targeting the lowest levels and redirect our focus to dismantling the high-level trafficking networks. We should be investigating, arresting, and convicting high-level traffickers and high officials who support them. We should not target people who use drugs,” he explained.

The Commission Chairperson highlighted that drug policies must prioritize targeting the highest-level traffickers and the officials who support them. “Instead of prosecuting individuals who use drugs, our efforts should be directed at investigating, arresting, and convicting the powerful syndicates and corrupt officials who perpetuate the drug trade,” said Motlanthe. Motlanthe added that countries must also ensure universal access to harm reduction and science-based treatment services for people who use drugs. He said such services must therefore be available at a community level, in prisons to mention but a few, so that there can be more effective responses to public health related harm of drugs than through the implementation of harm reduction service programming. Furthermore, he said that as a recommendation, the commission will call for the release of all people currently in detention for minor drug offences such as drug use and drug possession for personal use. He argued that currently, in most countries, prisons and remand centres are overcrowded with people who were found in possession of drugs for personal use whilst high-level traffickers are free. “Our prisons should not be filled with people only because they were using drugs. Let's shift the focus and target high-level traffickers. Governments are currently using a lot of money looking after drug users, the money that could have been used to develop the country’s economy,” he said.

The Commission’s recommendations align with growing global calls to reevaluate drug policies, particularly in regions where the war on drugs has led to mass incarceration and widespread human rights abuses. In many parts of the world, including Latin America and Europe, discussions around drug decriminalization and legalization are gaining momentum, with proponents arguing that these measures can reduce harm and promote more effective public health responses. Motlanthe’s call for a paradigm shift is expected to spark debate in Eastern and Southern Africa, regions that have long struggled with the impact of drug trafficking and addiction. As governments consider new approaches to drug control, the Commission’s recommendations offer a provocative blueprint for a future where public health and human rights take precedence over punitive measures. The next steps will likely include consultations with member states to assess the feasibility of these recommendations and explore strategies for implementing a more balanced and effective approach to drug policy.

For his part, President Duma Boko thanked the commission for the remarkable strides they have made and continue to make in providing countries, the continent with policy briefs and evidence based drug policy approaches. “I am pleased that your continuous engagements with policymakers and relevant stakeholders are assisting our region to explore new approaches to drug policy reforms and inform and guide legislative interventions across the region. Your approach is informed by scientific evidence and a respect for human rights; this approach that you champion is fully aligned with the approach that the government of Botswana takes. We have committed ourselves fully to a human rights-based approach in everything that we do,” he said. He further noted the work of the global initiatives against transnational organized crime and the global commission on drug policy, stating that they play a significant role in addressing the challenges posed by transnational organized crime networks. However, the President said that through their work, governments, civil societies, and international agencies have conducted extensive research on organized crime in Africa.

He stated that they are building the capacity of African law enforcement and judicial systems, and they are also assisting to address the links and connections between organized crime and governance. “Some of these organized networks end up receiving protection from the highest level and running the government itself hence the need to be always on guard to ensure that as leaders we don’t get sucked by these networks organized across borders. It is therefore important to work very closely with these agencies to heed the advance recommendations that they present to us to develop our polices and legal and regulatory frameworks to respond robustly to these networks and cartels,” Boko said. Boko said the meeting was timely to Botswana because it comes at a time when the government is in the process of developing a comprehensive framework to manage the cultivation, production and distribution of cannabis and industrial hemp. Mps are currently debating the adoption of the Policy on the illicit use of Cannabis in Botswana for industrial and medicinal purposes. “Former President Motlanthe mentioned decriminalization, he said we must pause and reflect to embrace criminalization, especially faced with evidence that it has not worked. However, we hear across society calling for more criminalization calling for people to be imprisoned and for a long time and throw away the keys and politicians, leaders are taking advantage of this hence the need to educate them,” Boko said.

Editor's Comment
When power scorns accountability

While every citizen, including the Head of State, has the right to voice opinions, the tone and context of the President’s comments were regrettably dismissive and risk chilling free expression in our country. The remarks are not isolated. They form part of a disturbing pattern of public attacks on independent institutions pillars essential to the healthy functioning of our democracy. The Judiciary, the Legislature, and now the media have all...

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