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UPDATE 26.11.04

Brazil backs away from decriminalisation plan

On 15.11.04 Transform gave details of news from Brazil that legislative changes were to be signed on Nov 24th 2004 that would in effect decriminalise personal drug use and launch a programme of drug consumption rooms. This story, originally reported by Narcosphere from a Brazilian newspaper is available in full below. According to updates from Narcosphere the reported legislation has run into problems and has not been signed. The Narcosphere report update by Al Giordano is copied below:

By Al Giordano ,
Posted on Fri Nov 26th, 2004 at 12:05:19 PM EST

According to Brazilian government records, President Lula da Silva's expected presidential decree authorizing decriminalization of drug users, the creation of safe-use rooms for injected drug users, and the change in the name of the lead agency from "National Anti-Drug Secretary" to "National Secretary about Drugs," was not issued on November 24th.

As reported last week by the daily Folha de Sao Paulo (and translated by Narco News) the various drug policy agencies in Lula's administration had reportedly come to a "consensus" for a policy change that would be signed by Lula this past Wednesday.

However, the national drug czar, General Paulo Uchoa, did give a media interview on Wednesday in which he said there will be safe-use houses for injected drug users established... but only in an "experimental" manner...

Let's read the tea leaves of the information that is available today... A presidential decree had been promised making the new pro-Harm Reduction drug policies official this week, but Lula signed only two presidential decrees (#5,823 and #5,824) on Wednesday, neither of them having anything to do with Harm Reduction or drug policies.

The agency known as SENAD (National Antidrug Secretary) has not changed its name as listed on it's website , but does have a new and apocryphal document titled "National Policy About Drugs" - the title (Politica Nacional sobre Drogas) is consistent with the promised name change. There is a link to download the document... but the document has been removed!

Meanwhile, in an interview on the "Bom Dia Brasil" ("Good Morning Brazil") program on the Globo TV network, given by national drug czar Paulo Roberto Uchoa (considered to be one of the drug war "hawks" in the Lula administration who had been blocking the new consensus), the czar creates some clarity and also some confusion...

Q. One project that is causing a lot of discussion inside and outside of the government is the project of creating safe use salons, where drug users will be able to use drugs with syringes provided by the Health Ministry. Do you, Sir, think this project is ready to go?

Paulo Roberto Uchôa: We're not going to mix policies. The delivery of syringes is a very serious work that the Health Ministry is doing as it seeks to regulate the Harm Reduction situation in the country. As far as the safe-use salons go, this is not going to happen yet, because the Health Ministry has proposed it as an experimental work, at the university level, with very rigid controls by the Ministry - and only in extremely serious cases. At the same time, this is an idea that still hasn't been approved for launch in Brazil. That's why the safe-use rooms aren't beginning yet.

So, how to read that? He says it's not happening but it is happening, only he calls the program of safe-use rooms "experimental." He did not speak to whether or not the "experimental" program would still include 250 safe-use houses or not.

It seems that the "consensus" mentioned last week has hit a snag... Could it be that it is being blocked by a certain foreign Embassy?

Brazil's President Lula to Sign Drug Decriminalization Decree on Nov. 24

This story was provided by The Narcosphere news service, and can be read unedited here

By Al Giordano
Posted on Mon Nov 15th, 2004 at 09:43:26 AM EST

According to a report in today's Folha de São Paulo (subscription only), the government of Brazilian President Lula da Silva has reached a "consensus" to step forward into a bold new era of drug policy: decriminalizing the drug user, and opening 250 safe drug use centers across the country during the year 2005.

Lula is expected to sign an executive decree on November 24, taking drug enforcement responsibilities away from police agencies, and placing the problems of drug use under the jurisdiction of the Health Ministry, which will be charged with supporting the safe drug-use centers and make Harm Reduction - a policy to reduce the harms associated with drug use - the law of the land.

Here is an excerpt from today's report from Brazil's largest daily newspaper:

Policy proposal considers drug consumption as a public health problem, and no longer one for the police

The government wants to create centers for drug use

By Luciana Constantino and Iuri Dantas
Folha de São Paulo, Brasília Bureau

After a series of internal disagreements about drug policy, the federal government is preparing a realignment of national policy to define drug consumption as a public health problem, and not one for the police as it is today.

There will be a presidential order creating rules for treating drug dependents, with emphasis on Harm Reduction...

.. The new focus will include a change in the name of the policy. It will be changed from "National Anti-Drug Policy" to "National Policy on Drugs."

"Changing the name is a symbol, and there will be a change in orientation. The country is maturing in order to put forward a more pragmatic policy," said Pedro Gabriel Delgado, the government's mental health coordinator.

The president's public safety secretary, General Jorge Armando Felix, has also endorsed the proposal. "Drug dependents are a public health problem. They should be treated as people like those with any other illness, particularly in the area of psychiatry, they need support and treatment."

Through this new lens, Lula will sign a presidential decree to regulate harm reduction programs, making possible a wider network of treatment for drug users and the creation of local centers for safe drug use. Before opening their doors, these centers will need authorization from the Health Ministry and will count with permanent support.

Preferably, the centers will be monitored by universities and dedicated to high risk users, such as those who use crack or inject cocaine.

The decree will create the role of Harm Reduction agent, a health professional who will be responsible for the direct contact with the users. And he, for example, will provide sterilized syringes…

Today, non-governmental organizations, with support from the health department, are already involved in Harm Reduction programs, but within the limits of legal prohibitions, thus there has been no regulation of this kind of work…

The goal for 2005 is the creation of 250 such local drug use centers around the country.
After much controversy and six public hearings in different states, the government will finalize the new policy on November 24th… The emphasis will be on demand and Harm Reduction.

According to the national drug czar, General Paulo Robero Uchoa, the government decided to put its efforts into combat against narco-trafficking, leaving the drug user to medical attention. "A drug is an inert thing. I don't combat penicillin… Now I combat trafficking. Drugs have to be understood to be able to educate and prepare society and the youth to not use drugs carelessly."

Translation provided by Narcosphere, from: Folha de São Paulo, 15 de novembro de 2004.