United Nations (UN) calls on Member States to base their response to drug policy on international human rights law in relation to International Day against Drug Abuse and Illicit Traffic 2023

He also believed that the entrance to the ”war on drugs“can be understood to a large extent as a war against the people”, given that its impact was greatest on those people who live in poverty.

Here is the full UN statement:

UN experts call for an end to the global ‘war on drugs’

Geneva (23 June 2023) – United Nations* experts said today that the international community must replace punishment with the support and promotion of policies that respect, protect and guarantee the rights of all. On the occasion of the International Day against Drug Abuse and Illicit Traffic in 2023, the experts called for a fundamental change in the international approach to the drug problem, focusing on health and other human rights, with the following statement:

“The war on drugs can be largely understood as a war against people. Its impact has been greatest on those living in poverty and often coincides with discrimination directed at marginalized groups, minorities and indigenous peoples. In the course of our research and experience, we have found that such discriminatory exposure is a common element of drug policy in relation to a wide range of human rights, including the right to personal liberty; the right not to be subjected to torture and other forms of ill-treatment, as well as forced labor; the right to a fair trial; the right to health, including access to essential medicines, palliative care, prevention and comprehensive drug education, drug dependence treatment and harm reduction; the right to adequate housing; freedom from discrimination and the right to equal treatment before the law; the right to a clean, healthy and sustainable environment; cultural rights and freedoms of expression, religion, assembly and association.

Globally, the fight against drugs has taken a huge toll on the dignity, humanity and freedom of people of African descent, with reports showing that people of African descent face disproportionate and unfair law enforcement interference, arrest and imprisonment for drug-related offences. In some countries, the “war on drugs” has proven more effective as a system of racial control than as a tool to reduce drug markets. Police interventions based on racial profiling remain widespread, while access to evidence-based treatment and harm reduction for people of African descent remains critically low.

Around the world, women who use drugs face significant stigma and discrimination in accessing harm reduction, drug treatment and basic health care. Although one in three people who use drugs is a woman, only one in five people in treatment are women. Women are also disproportionately affected by criminalization and incarceration, with 35% of women in prisons worldwide convicted of drug offenses compared to 19% of men. The reasons for women’s interactions with the drug-related criminal justice system are complex and often linked to other factors such as poverty and coercion, and may reflect systemic gender inequalities in society more broadly. It should be noted that the majority of women serving sentences for drug-related crimes have a low educational level.

According to international law, states that have not yet abolished the death penalty can apply it only for “the most serious crimes”, that is, for especially serious crimes related to intentional murder. Drug-related crimes clearly do not meet this threshold of severity. However, drug-related crimes continue to carry the death penalty in more than 30 countries, and human rights experts have raised concerns about evidence of its discriminatory impact on people belonging to minorities.

All people, without exception, have the right to life-saving harm reduction interventions that are necessary to protect the right to health of people who use drugs. However, according to the UN, only one in eight people with drug addiction has access to adequate treatment, and coverage of harm reduction services remains very low. The situation is especially critical for women, LGBTIQ+ people and other discriminated groups, for whom harm reduction and treatment services may not be tailored or meet their specific needs. Women and LGBTIQ+ people also face even higher levels of stigma, including self-stigma and discrimination, than men who use drugs.

As the population ages, drug use among people aged 65 and over has also increased. The COVID-19 pandemic has had a negative impact on the health and well-being of older people, with studies showing increased use of painkillers, tranquilizers and sedatives in this age group. In addition, older people who use drugs are increasingly turning to the dark web, social media and online forums to obtain illicit substances, which has led to an increase in drug-related deaths among older people.

The criminalization of substances traditionally used by indigenous peoples, such as the coca leaf, can also lead to the suppression, undermining and marginalization of traditional knowledge and medicine systems, with wide-ranging health impacts rooted in hierarchies and discriminatory concepts. Forced destruction of crops, including aerial spraying with highly hazardous pesticides, can seriously harm the environment and drinking water, as well as the health and well-being of indigenous communities. Indigenous peoples who may be affected by these and other drug control operations must be meaningfully consulted and ensure that their way of life, cultures, lands and natural resources are not violated.

Criminal legislation and punitive application of administrative and other sanctions stigmatize already marginalized groups of the population. Criminalization leads to significant barriers to accessing health services (including those related to HIV and palliative care) and other human rights violations. According to the United Nations System Common Position on Drugs, the consumption and possession of drugs for personal use must be decriminalized as a matter of urgency. Drug use or addiction is never sufficient grounds to arrest a person. Compulsory drug detention centers and rehabilitation centers should be closed and replaced by evidence-based voluntary public health services that respect human rights.

In line with this year’s theme, “People First: End Stigma and Discrimination, Strengthen Prevention,” the United Nations and the international community have a historic responsibility to reverse the devastation caused by decades of “war on drugs” against communities that have been marginalized and discriminated against.

As in 2022, we call on Member States and all UN agencies to base their actions on drug policy on international human rights law. States and international organizations providing financial or technical assistance in the field of drug policy should ensure that these policies are gender-responsive, actively protecting and safeguarding human rights and fundamental freedoms.

We urge Member States and international organizations to replace their current drug policies with policies based on the principles of a comprehensive, restorative and reintegrative approach to justice. Equally important is effective, inclusive and preventive action at the community level.

Now more than ever, the international community must replace punishment with support and promote policies that respect, protect and fulfill the rights of all people.”