{"id":78841,"date":"2023-10-05T16:44:35","date_gmt":"2023-10-05T21:44:35","guid":{"rendered":"https:\/\/www.dejusticia.org\/?p=78841"},"modified":"2023-10-06T14:23:50","modified_gmt":"2023-10-06T19:23:50","slug":"global-drug-policy-transition-to-safeguarding-human-rights","status":"publish","type":"post","link":"https:\/\/develop.dejusticia.org\/en\/global-drug-policy-transition-to-safeguarding-human-rights\/","title":{"rendered":"Global drug policy: the transition from \u201ccrime and punishment\u201d to safeguarding human rights"},"content":{"rendered":"

The past wednesday, September 20, 2023, could be considered a historic day for global drug policy. The Office of the High Commission for Human Rights (OHCHR), which has remained relatively silent in these debates, presented in Geneva (Switzerland) its report <\/span>Human rights challenges in addressing and countering all aspects of the world drug problem<\/span><\/i><\/a>\u00a0<\/span><\/p>\n

The guidelines and treaties concerning drug policy in the United Nations system are limited to decisions taken in Vienna Austria, the seat of the United Nations Office on Drug and Crime and the United Nations Commission on Narcotic Drugs. Therefore, other bodies are often reluctant to make statements on the issue, especially if they are closely related to human rights.<\/span><\/p>\n

In that sense, the OHCHR report is groundbreaking. It is also emphatic in the idea that the war on drugs, as it has been managed, has failed, and that the approach needs to be changed, focusing on health and other human rights.<\/span><\/p>\n

One of the most striking recommendations of the report, which Dejusticia and 132 organizations from 48 countries (see <\/span>statement<\/span><\/a>) have supported, is the proposal to achieve the responsible and progressive regulation of drug markets that are currently illegal. Given the obvious global failure of the policy, following this proposal would go a long way towards protecting public health. Indeed, in the Colombian context, regulation is one of the main flagship issues of Gustavo Petro administration and one of the recommendations of the Truth Commission’s Final Report, as obsolete policies in this area are considered a driver for the ongoing armed conflict.<\/span>\u00a0<\/span><\/p>\n

The report emphasizes that, in the face of the global drug phenomenon, it is necessary to promote the right to health of drug users, ensure equality and non-discrimination, seek alternatives to criminalization, shift from punitive measures, apply the law to drug control with an approach that respects human rights, invest in alternative development, and guarantee the participation of civil society and communities in the discussion and development of public policy.<\/span><\/p>\n

This report provides an opportunity to explore new ways of looking at the drugs phenomenon at the international level. The results could be seen in the near future, for example, at the United Nations Commission on Narcotic Drugs, which will meet in mid-2024 in Vienna, Austria.\u00a0<\/span><\/p>\n

In a more regional context, during the Latin American and Caribbean Conference on Drugs, which was held a few weeks ago in Cali, Colombia, the government of Colombia presented the guidelines of its new drug policy and stressed that, by 2026, <\/span>\u00a0<\/span><\/a>\u00a0the paradigm will shift \u201cand focus on life and the environment, prioritizing health and well-being, without neglecting the fight against crime.\u201d\u00a0<\/span><\/p>\n

Colombia seeks to lead this paradigm shift globally. For this reason, the Colombian government points to the need to push ahead with the regulation of markets such as adult-use cannabis and the non-psychoactive uses of coca leaf. Furthermore, the new approach to the issue of drugs in the country takes into account the importance of seeking dialogue with communities when implementing policies in the territories.<\/span><\/p>\n

Findings and recommendations<\/b><\/h2>\n

The OHCHR report presents findings that support the conclusion that criminalization and prohibition have been ineffective, as for decades such dynamics have failed to achieve the goal of a “drug-free society”.\u00a0<\/span><\/p>\n

Colombia has a special mention in the report. The document notes the development of a new drug policy that aims to revert the repressive and security approach, and stresses that the Peace Agreement between the government and FARC-EP expressly includes a chapter dedicated to the “solution to the problem of illicit drugs”. Finally, it refers to the Truth Commission\u2019s Final Report, which recommends shifting toward the regulation of all drugs, the demilitarization of drug policy regarding crops, the establishment of spaces for dialogue on the impact of drug policy and seek ways to include peasants.<\/span><\/p>\n

Some of the main aspects and recommendations revealed in the report are:<\/span><\/p>\n