Development: The constitutional tribunal ruled unanimously
on 27 September that an ordinance passed by the regional governments of Cusco
and Huánuco authorising the free cultivation of coca was unconstitutional. The
government had filed two constitutionality suits against the regional
ordinances.
Significance: The good news for the government of President Alejandro
Toledo, which wavered on the legality of the ordinance before deciding to oppose
it for fear that it would set a dangerous precedent, was tempered by two
warnings from different sources: the constitutional tribunal also called on
Toledo's government to re-evaluate Peru's counter-drug policy, and Cusco's
regional president Carlos Cuaresma warned that the government should expect
serious protests from disillusioned coca growers.
The six justices on the tribunal savaged the government's coca policy on a
number of fronts. The president of the constitutional tribunal, Javier Alva
Orlandini, said that the anti-drug agency, Devida, had failed to implement a
viable alternative development programme for coca growers. He said it was a big
mistake not to include the coca growers more in discussions over alternative
crops and the fight against drug-trafficking. He also questioned the
government's coca-eradication policy, saying that it was not entirely
constitutional that the government focus almost exclusively on this and not
establish stricter regulation of the chemicals used to manufacture cocaine, such
as kerosene, sulphuric acid and sodium carbonate.
Orlandini criticised the weak management of the state coca organisation Enaco,
which he said was not buying enough coca for traditional uses. Only 8,000 of
Peru's 50,000 coca growers sell to Enaco. It buys 3,000 tonnes out of an
estimated 110,000 tonnes of coca (the bulk of this destined for the cocaine
market) produced a year. Orlandini also urged Congress to include coca on the
list of products recognised as natural patrimony of the nation and instructed
the national cultural institute (INC) to evaluate the "technical
convenience of declaring the traditional use of coca as cultural
patrimony".
Orlandini finished up by saying that the tribunal's resolution was a starting
point for talks to re-evaluate Peru's drug policy and that he would be seeking
to meet Toledo and the president of congress, Marcial Ayaipoma, to that end
shortly.
Cuaresma, who belongs to the junior partner in the ruling coalition Frente
Independiente Moralizador, said that he would hold talks with the government to
see how their differences over the coca issue could be resolved but there was
more than a hint of a threat in his admonition that the protests "might get
out of hand". He also said he was considering an appeal the ruling at the
Inter-American Court of Human Rights (IACHR).
Elsa Malpartida, the president of the Asociación de Productores Cocaleros
del Alto Huallaga, also warned that there would be protests. She said "we
are blindly dominated by the United States" and that the problems would not
be resolved until Peru got a government that put the country's concerns above
the need to abide by international treaties.
The government's next step will be interesting. It has hardened its stance on
its coca policy in the last two months. In August the foreign minister, Manuel
Rodríguez Cuadros said that the government, "cannot make any kind of
concession to narco-trafficking or the illicit expansion of the coca leaf."
The president of Devida, Nils Ericsson, had also warned that Peru could end up
turning into a 'narco-state' if the trend launched by Cusco and Huánuco was not
checked.
The ruling will have repercussions beyond the Toledo administration though.
With presidential elections due in April 2006 and no clear favourite,
presidential aspirants will be acutely aware that (at least partial) opposition
to the coca-eradication policy is a vote-winner. This will provide cause for
concern in Washington as coca eradication is the bedrock of US drug policy in
the Andean region. Add to that the growing support for the leader of the coca
growers and presidential candidate, Evo Morales, ahead of Bolivia's elections
and it is not difficult to predict that coca will be very high on the agenda of
the newly-appointed US assistant secretary of state for Western Hemisphere
Affairs, Tom Shannon.</