Developing Counter-Narcotics Policy in Central Asia:
Legal and Political Dimensions
Kairat Osmonaliev
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.
Program for Contemporary Silk Road Studies, January 2005
http://www.silkroadstudies.org/Kairat.htm
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