On Tuesday Uruguay’s lower house of Congress voted to decriminalise abortion up to the 12th week of pregnancy, and up to the 14th week in cases of rape, grave danger to the woman, or severe birth defects. Under current law, abortion is punishable by three to nine months in prison for the woman and six to 24 months for the practitioner.

A similar law was approved by Congress in 2008 but vetoed by then-president Tabaré Vázquez, an oncologist, who cited “philosophical and biological reasons” for opposing the measure.

After nearly 14 hours of debate, the measure passed around midnight with 50 votes in favour and 49 against. In order to be made into law it must now be approved by the Senate and ratified by President José Mujica.

The new law will require women seeking an abortion to meet with a tribunal of three medical and social professionals to discuss the risks, alternatives, social support programs, and adoption opportunities available to them. The woman must then wait five days before the procedure is approved.

Medical professionals who have personal objections to performing the procedure must make their convictions known at their places of work. Institutions opposed to abortion (Catholic hospitals, for example) are not obligated to carry them out, but must refer the woman to another institution.

Author of the legislation Iván Posada of the Partido Independiente (PI) stated that the project will serve to “diminish the number of abortions” practised in the country, in which the safety of neither the mother nor the baby is guaranteed.

In Uruguay, a nation of about 3.4 million people, official estimates place the number of illegal abortions at 30,000 per year, though nongovernmental organizations say the actual number could be double that. There are about 47,000 registered births per year.

The legislation has come under fire from both anti- and pro-abortion groups. Lilian Abracinskas of the Coordinadora por el Aborto Legal en Uruguay criticised the new law for not going far enough, stating “none of the Coordinadora’s proposals were taken into account, Parliament has turned its back on women and on civil organised society.”

Daniel Radio of the PI, one of the deputies opposed to the legislation, affirmed that to promote the project “is a sign of the decadence of a society that boasts of respecting human rights.”

Recent polls revealed that 52% of Uruguayans support the decriminalisation of abortion, with 34% opposed and 14% with no position.

Ratification of the law will make Uruguay the first South American country to take such a liberal stance on an issue considered taboo throughout the region. In Latin America, only Cuba and Mexico City have similar laws regarding abortion.

In Argentina, abortion is illegal except in cases of rape, grave danger for the woman, or if the woman is mentally disabled.

Uruguay President Jose Mujica (Photo: Santiago Armas)

For a small country of 3.3 million people, Uruguay has a big voice. It was heard loud and clear two weeks ago when President José Mujica announced a plan that would put the legal control —production, sales and distribution — of marihuana in the sole hands of the Uruguayan government. Mujica refers to the plan as an anti-crime measure, a direct assault on drug dealers and the black market, which is becoming increasingly violent in Uruguay.

Government control of the marihuana market would deprive gangs of marihuana profits, US$750 million a year to be exact, while nixing the consumer and drug dealer interaction. Part of the plan is also to combat harder drug use. It is hoped that legal access to marihuana will divert users away from cocaine and pasta base, a crack-like drug known as paco in Argentina.

Julio Calzada, secretary general of Uruguay’s National Drug Board, has said the bill aims “to regulate the quality of the substance that circulates in the market and separate the cannabis market from other drugs that are by their nature more harmful to health, society and security.”

Though the kinks are still being worked out and the bill is yet to be presented to Congress, a left-wing majority indicates it is only a matter of time before it is approved. The institution of the proposal would make the Uruguayan state the only one in South America to directly sell marihuana.

Paving the Way

At April’s Summit of the Americas in Colombia, Latin American leaders cleared the air to discuss Latin America’s current drug crisis, which has claimed over 50,000 lives in Mexico throughout the last six years, and turned countries like Honduras into violent narco trafficking zones.

Colombian president Juan Manuel Santos, Guatemalan president Otto Pérez Molina and Salvadorian president Mauricio Funes have all voiced consideration of marihuana decriminalisation. While no particular plans were made at the summit, Latin American leaders were able to agree on one thing: the current fight against drug trafficking has failed and a new solution is needed.

Uruguay Government building in Montevideo (Photo: Josealoly)

Uruguay’s defence minister, Eleuterio Fernández Huidobro, has said drug violence, plus the growing costs of interdiction and incarceration, are “causing more problems than the drugs themselves.”

Uruguay has seen a rise in crime stemming from drug deals. In April 2011, a major Colombian drug trafficking ring was found operating in Montevideo, and a May 2011 survey by the polling firm Interconsult showed 62% of Uruguayans felt Uruguay was becoming more unsafe.

Mujica said a country needed to step up to the plate in drug decriminalisation, and that Uruguay would be the one to do it. He said smaller Latin American nations are better posed to attempt experiments like this one, as it gives large countries something to learn from. “Uruguay is a small country, where these sort of things are easier to do,” Mujica said to Brazilian newspaper O Globo.

Mujica’s bold proposal is not unique for Uruguay, a country famous for its progressive policies. Uruguay was the first country in South America to legalise divorce, grant women the right to vote and recognise the rights of trade unions.

The Proposal

As opposed to decriminalisation, which only lessens and revises the penalties for possession of marihuana, the proposed bill is a legalisation measure, allowing the legal use of marihuana as marketed by the Uruguayan government.

The plan is part of a 16-measure package designed by the government to combat violence and public insecurity.

Several of the bill’s details are still being debated, and Fernández Huidobro has said more details are to come soon. As it stands, state authorised networks, including businesses and marihuana-associated clubs, will sell and distribute the drug. Self-cultivation is not included in the bill, and previous attempts to legalise it have not passed through Congress.

Only Uruguayan citizens 18 years of age or older will be able to purchase a maximum of 30 grams (40 marihuana cigarettes) per month. Profits from a sales tax will be directed toward drug rehabilitation services for users who exceed the monthly cap.

Originally, officials voiced the institution of a registry or user database, to monitor who is receiving the marihuana, as well as how much. However recently, according to the Wall Street Journal, Fernández Huidobro said the registry might not be best, as it “sounds a little authoritarian and perhaps we should avoid it.”

If the bill passes through Congress, Fernández Huidobro said Uruguayan farmers will begin planting in September and harvesting will occur six months later.

The government estimates Uruguay will need 100 hectares of land to cultivate an annual 28,000 kilos of marihuana for the country’s 150,000 users.

Currently, Uruguay does not have a law against marihuana use or possession, though its commercialisation is forbidden. Rodrigo Filpo, 28, from Montevideo, says it is fairly common to see Uruguayans smoking marihuana in public.

The Uruguayan plans, whilst original, are part of a regional movement towards a softer approach to the drug problem. In Argentina, a 2009 Supreme Court ruling deemed it unconstitutional to penalise drug possession for personal use, and a number of bills to decriminalise the possession of marihuana are being debated in Congress. Mexico decriminalised the possession of small amounts of marihuana, cocaine and heroin in 2009. Colombia and Brazil have also taken steps toward decriminalisation of marihuana.

The Implications

Uruguayan officials have made it clear that the government-run marihuana market would exclude foreigners, relieving fears that Uruguay would become another Holland, where marihuana’s legality has made the country a drug tourist destination. Only now are The Netherlands setting roadblocks for tourists seeking access to marihuana.

Passing a joint (Photo: Raoni Gruber)

“We will not allow drug-tourism. Holland made that mistake,” said Julio Calzada, secretary general of the National Drug Board.

The age limit, sales tax, and transparency involved in the bill leave some to question the continued existence of a black market, but officials have voiced their top priority is to prevent marihuana from entering a local or global black market.

According to the Associated Press, Mujica has said that “we’ll have to regulate farm production so there’s no contraband and regulate distribution. We must make sure we don’t affect neighbouring countries or be accused of being an international drug production centre.”

Rafael Bayce García Lagos, a Social Sciences professor at the Republic University in Uruguay, says, “I do not think there will be problems with neighbouring countries, because it will minimise their internal problem of supply. Why would Brazil and Argentina care if there is a drug-tourism industry in Uruguay? They wouldn’t, to the contrary, it would soften the problems they think they might have.”

Uruguay may have a roadblock on its way to passing the bill, though, as Yury Fedotov, executive director of the UN Office on Drugs and Crime, recently voiced. He said that if Uruguay legalises marihuana production and distribution, it would be violating the Single Convention, an international agreement between Uruguay and other countries to curb the drug trade and stop trafficking. The International Narcotics Control Board is rumoured to be planning a visit to Uruguay to discuss the country’s movements toward marihuana legalisation.

Internal opinion on the bill remains divided in both political and public realms. García Lagos says there is a “strong current within the leftist coalition [currently in government] that supports the decriminalisation of marihuana and the regulation of self-cultivation.” He adds that young people siding with the Partido Colorado, Partido Blanco and independent parties are also in favour of the bill.

Opposition leaders have called the measure “absurd,” saying it will only worsen drug use in the country. The Wall Street Journal reported Pedro Bordaberry, a Uruguayan opposition leader, as having said, “We were waiting for measures to combat insecurity, and now the government proposes legalising drugs. It makes no sense.”

A June 2012 Interconsult poll showed 60% of Uruguayans are against state-regulation of marihuana.

Others, like Filpo, see the potential promise in the bill. “I don’t see how this plan could make things worse, and if it helps get poor kids out of harder drugs like pasta base, I think it can really have a positive effect among the lowest classes,” he said.

Though supporters and opponents of marihuana legalisation may disagree on the issue, most can agree on the need for action. In the word of the Uruguayan president, “Someone has to get going in South America. Someone has to be the first because we are losing the war against drugs and crime in the continent.”

What do people in Buenos Aires think about their neighbour’s move to legalise marihuana? Click here to find out.

Human rights watchdog Amnesty International has called on Latin American and Caribbean countries not to impose criminal penalties on abortion. Amnesty has also asked that everyone be guaranteed access to family planning services.

The organisation has noted that although abortion is permitted by law in certain countries under certain circumstances, in practice these laws are not upheld. They argue that this can have consequences for those women who are forced to carry out illegal abortions, because in the process they risk their lives.

In addition, the organisation has condemned the guidelines given to medical personnel, calling them “non-existent, unclear or undistributed” in most cases.

Amnesty has also attacked countries where women are forced to continue with pregnancy resulting from rape, labelling the treatment as shameful, cruel, inhuman and degrading.

Their initiative advocates the promotion of sexual education, as well as “contraceptives to avoid abortion and legal abortion to avoid death.”

Story courtesy of Agencia Pulsar, the news agency of AMARC ALC.

A used marijuana stencil is held up against the Congress building at the Global Marijuana March (Photo: Beatrice Murch)

The national congress is debating the decriminalisation of marijuana in Argentina. Three separate, but fundamentally similar, proposals have been put forward by different political parties: Libres del Sur, Frente para la Victoria (the party of President Cristina Fernández de Kirchner), and the Union Civica Radical.

The proposal tabled by Congresswoman Victoria Donda Peréz, of the Libres del Sur party, calls for an end to the criminalisation of consumption, possession and growth of marijuana.

Under the current law 23.737, those found with the drug can face a prison term of between one and six years. If the defendant can prove that the product is only for personal use, the sentence drops to anything between one month and two years, or can be reduced to a fine.

However, according to Donda Peréz, the fact that smokers are penalised at all is unconstitutional.

Article 19 of the national constitution states that, “the private actions of men which in no way offend public order or morality, nor injure a third party, are for God alone, and outside the competence of judges”.

In a landmark ruling in 2009, judges from the highest Argentine court ruled that penalising possession of drugs for personal and private use is unconstitutional; they also urged congress to reform the drugs law.

There are also a number of technical legal issues when it comes to the possession and consumption of marijuana, explained Sebastian Basolo, editor of THC magazine, during a public debate held in the University of Buenos Aires (UBA), on 31st May.

Basolo argued that consumption is an “abstract crime”, which could only potentially lead to harm. Meanwhile, someone caught with a large quantity of marijuana is required to prove that it is for personal use, as opposed to the police having to prove that it is intended to be sold.

Victoria Donda Peréz talks at the open debate held at UBA (Photo: Beatrice Murch)

The wrong fight

According to Victoria Donda Peréz, by targeting small consumers, the current drugs law misdirects the security forces in the fight against drug trafficking. It also creates an unnecessary burden for law enforcement agencies, the courts, and the prison system.

“Out of approximately 17,000 [drugs-related] cases which occur each year, 70% relate to personal use, 3% relate to trade, and the rest are the cases where the individual cannot prove that it is for personal use and the state cannot prove that it is for trade”, she explained in the UBA debate.

Though the majority of these cases lead only to a fine, 70% of current female prisoners have been imprisoned for drug-related charges. The average length of time to process a typical drug charge is 25 months, compared to 20 months for more violent crimes.

Fernanda Reyes, a member of congress from the Coalición Cívica party, has publicly stated, “the penalisation of consumption is not a way to combat drug trafficking, nor is it a way to resolve the social problems related to addiction”.

Supporters of the new proposals claim that a relaxation of the drug law would allow police and judiciary resources to be channeled into a more effective pursuit of the large-scale drug traffickers.

Marcelo Saín, former head of the airport security police, says that the police “have never brought down a big drug cartel by using a consumer as the stepping stone, processing him for possession for personal use. Not here, nor anywhere else in the world.”

Saín’s comments come at a time when the current approach to drug control around the world is coming increasingly under question.

In 1998, the UN told its member states that it wanted the world to be drug-free by 2008. Yet drug use actually increased throughout the ten year period, while drug cartels gained power and increased their violence.

Last week the Global Commission on Drug Policy, a group of politicians and former world leaders, declared that the global war on drugs, which costs taxpayers around the world millions, has failed, fuelling organised crime and causing thousands of deaths.

The report says, “political leaders and public figures should have the courage to articulate publicly what many of them acknowledge privately: that the evidence overwhelmingly demonstrates that repressive strategies will not solve the drug problem, and that the war on drugs has not, and cannot, be won.” The report urges governments to cease punishing users “who do no harm to others” and to instead undermine the organised crime syndicates.

The editor of THC, Sebastian Basolo, makes a point at the debate at UBA (Photo: Beatrice Murch)

These criminal organisations are also sometimes able to influence those charged with bringing them down. In an article written for THC, Saín talks about his experience working in Argentina, saying “the police force is the largest member of the drug trafficking world and at the same time the enforcement authority. Therefore, what it does is regulate the illegal drug market. They choose to penalise the consumers, like they choose who can sell and who can not.”

Despite saying that police force has corruption entrenched in its practices, Saín does believe that by taking consumers out of the picture, this corruption would become more obvious.

Would decriminalisation really benefit society?

Opponents of the decriminalisation project are concerned that it will encourage damaging drug use, arguing that if the state allows people to harm themselves and others around them, it is not fulfilling its primary function of protecting its citizens.

In a press statement Claudio Izaguirre, head of the Antidrugs Association of Argentina, says: “we stress that marijuana is a drug, the most difficult to quit, and that the latest international studies suggest that it produces schizofrenia and severe brain damage. In this context, leaving the drug within reach of people, with the authorisation of the national legislative power, means that the congressmen and senators who vote in favour of the application will be responsible for the negative consequences.”

However, numerous studies, such as the recent one conducted by the Global Commission on Drug Policy, have been carried out in countries where the laws have been relaxed and nearly all of them agree that this is not the case. In fact, findings suggest that drug use in general goes down after decriminalisation.

Two women vehemently debate at the Global Marijana March in front of Congress (Photo: Beatrice Murch)

Yet anti-decriminalisation campaigners argue that young people in particular will be vulnerable. Alfredo Olmedo, leader of the Salta Somos Todos party group, says “the drug is destroying the home” and that “if you allow anything, you are going to kill young boys”.

There are also concerns that by decriminalising marijuana, young people will receive mixed messages about drugs. Isabel Vázquez, founder of Mothers Against Paco (a devastating drug made of the residue from the cocaine purification process), is adamant that any project such as this requires education of young people, saying, “everything is to do with love, with our responsibility as adults to be the guide that our kids need”.

Izaguirre agrees, saying that if possession is decriminalised, “the drug dealer will place himself on our children’s school corner with the necessary legal protection, given by members of the national congress, converting the elected people into participants of this abhorrent crime, which destroys our youth in particular and society in general”.

Supporters of the movement are keen to ensure that the decriminalisation of private consumption is complimented by a crackdown on those involved in the drug trade. Liliana Parada, of the Proyecto Sur party, says “the decision to stop criminalising the consumers should be directly linked to the intention of the state to pursue those who have the power to deal drugs. The judges, prosecutors and security forces should advocate the prosecution of organised crime.”

Home-grown marijuana on a terrace in Buenos Aires (Photo: Beatrice Murch)

Those backing the new proposal also point out that decriminalising the growth of plants at home for personal use will discourage people from buying from dealers. Congressman Remo Carlotto says: “we know and there is scientific proof, that it is much better for the whole of society that those who consume marijuana do not consume rubbish from drug dealers, but instead they consume the product which they themselves grow.”

Meanwhile Donda Peréz stresses that a relaxation of the law is not the same as legalising drugs: “You can choose between one month and two years in prison, or medical treatment. If for any reason you cannot receive or complete this treatment, you go to prison.”

She adds that there should be more support for addicts and consumers who are forced into rehabilitation programs.

The decriminalisation project is running alongside a couple of projects instigated by Leonardo Gorbacz, a former congressman; the Mental Health Law and the Federal Plan for Public Assistance of Addicitions. Gorbacz states that “it is fundamental to consider the assistance as a right and not as an obligation of the people that have some kind of problem with consumption.”

What comes next?

It is a controversial issue to be discussing during an election year, but the project’s leaders remain optimistic about success. As with all projects submitted to congress, the issue will remain on the table for two years, which means that it will still be possible to pass after the October ballot.

Donda Peréz and Basolo are promoting their project widely. Public debates have been held in universities across Buenos Aires, as well as live television debates with critics such as Izaguirre. A march in support of the movement united thousands of consumers outside the congress building on 7th May, raising awareness of the campaign. The issue has now become a popular topic of discussion around the country, which is exactly what Donda Peréz wants.

Same-sex marriage was recently legalised in Argentina after polemic debates, and she points out that “this shows that discussing some things amongst society can create conditions for this type of law to be approved”.

The decriminalisation of marijuana has been a hot international topic for a while – some Argentine are on the bandwagon. They are calling to decriminalise the consumption, possession and growing of the drug in hopes of taking the focus off consumers and turning on the drug cartels themselves. With the death toll of the Mexican drug war reaching over 30 thousand this year, according to government numbers – supporters hope decriminalisation will be a more peaceful way to combat cartels in Argentina and around the world. The Argentina Independent hit the streets to see what the public thinks about this potential policy change…

What do you think of decriminalising or even legalizing marijuana in Argentina?

Matias Miranda, 28, University Student, Quilmes

“I am in favor of legalizing marijuana for the small consumers. Instead of putting them in prison, maybe they should take them to a rehab institution because in reality they are sick people who need help. Only in that case am I in favor of legalizing marijuana. I am not in favor of selling marijuana in kioscos. I don’t think society would accept that. It would not be seen as a good idea – we think we’re liberals but I don’t think people would like that. If you smoke 40 joints a day, it is going to be bad for you, if you smoke one, it doesn’t do anything. Marijuana is already hurting society. It is hurtful while it is illegal. The problem is that the guy who wants to smoke a joint has to go into a villa to buy – and all risks and dangers that comes with that. It not to say that villas are bad but it is known that there are certain risks in working with drug dealers and other things. For people who smoke marijuana the way that they smoke cigarettes, making it legal means they lose the risk for dealing with dealers. Now they’re talking a lot about people being able to grow their own and I think that’s just fine. Everyone should do what they want. But it is not the same to have one plant as it is to have 60. I would guess that a limit would be place – in that case. There are other drugs that are more dangerous – alcohol and even cigarettes – and they are legal. Alcohol has a much stronger effects than marijuana. If they were to legalize it, each person decides if they want to smoke or not.”

Maya Paules, 25, University Student, San Telmo

“It is a delicate subject but I think it helps control a little what happens with the mafia – there a lot of people who die. I think legalizing is the only solution. To have more control over those things because there is a lot of repression but there aren’t healthy solutions. People smoke in every country in the world. All drugs are harmful. Marijuana is a drug – obviously if we abuse it, it is harmful, but not any more so than alcohol or cigarettes. I don’t know if it is a problem with tourists but in Holland it is. It is the tourists who abuse it, for the people who live there is it normal. I think legalizing it would de-dramatize the thing. I’ve thought about it a lot and I think legalization is the only way to combat it. If there are age limits like for cigarettes and alcohol, I don’t think more people would abuse marijuana if it were legalized. But already, whoever wants marijuana can find marijuana – it would be the same but with more control. Marijuana is a more social drug – it can’t be compared to harder drugs.”

Antonio Wickman, 71, Retired, Monserrat

“Marijuana is a bad vice and ruinous to the youth. Unfortunately those who are in charge are controlling this – the power. To tell you the truth, since democracy started in this country it went off the rails. Argentina was finished – the great Argentina that used to be. With democracy came all the corruption. It used to be that if there was a drunk they’d put him in jail for vagrancy, a prostitute got 30 days but now nothing happens. Marijuana and paco are ruining everything. The kids don’t study, the drugs bring violence – they bring everything bad. If they legalized marijuana, only the laws would change. In jail they smoke more marijuana than they do on the streets. The same with the football stadiums, you can’t escape the smell of marijuana – it sticks to your clothes. I think the laws against marijuana should be stronger. I used to be addicted to whisky. I think alcohol and cigarettes should also be illegal. Marijuana use in Argentina is second only to Colombia – more even because there is no control. Anything the government says about combating drug cartels by decriminalizing marijuana is a lie – it’s all business.”

Juan Cabezas, 52, gas employee, San Telmo

“I think it is very important, because that way the drug cartels can’t make money. They should sell marijuana in pharmacies. It doesn’t need to be for medical reasons. They should give it free access, they can sell it to anyone from a pharmacy. Drug traffickers have gained a lot of money and they live well but the people who aren’t consumers live in fear of walking out their door at night. If marijuana stays illegal there will be a lot of multimillionaires and the few people who consume have to pay for it. That is why there is a lot of robbery and many crimes. Marijuana is bad. I’ve never tried it but I see the kids who get high and spend the night on the streets. They sleep anywhere and it is impossible to walk through the streets at night because of the amount of drug use there. It would be better to legalize it and have more control. This is a problem of society, not just the youth.”

Eva Aguierre, 72, medical aid, Wilde

“The topic of Marijuana will never end - if they legalize it or not. If the government wants to do it, they should. They’ll have their foundations and who knows what to deal with it. Marijuana has been used for thousands of years but it is harmful to the youth. The kids can’t rationalize. You have a 15 year old kid, who gets the idea to do drug into their head, it is chaos. It’s about family. My family was raised in a different way. But there are other families that let their kids do drugs to get them off their chest. There won’t be much difference if they legalize marijuana because the drug cartels manage a lot of money and they’re not going to quit. They are always going to exist they same way they do now, and they same way they always have. From this conversation today, to several years down the line, the conversation is always going to be the same. I hope that I’m wrong about this, but I don’t know. The main benefit to legalizing marijuana is to collect votes at election time.”

Photos: Beatrice Murch