Recalibrating the Regime: The Need for a Human Rights Based Approach to International Drug Policy

Abstract

Historically, policies aimed at prohibiting and punishing the use of certain drugs have driven the international approach to drug control and dominate the approach of most countries, guided as they are by the three UN drug control conventions and the dominant policy directions emanating from the associated international bodies. Such an approach is usually defended with moralistic portrayals that demonise and dehumanise people who use drugs as representing a ‘social evil’ menacing the health and values of the public and state. Portrayed as less than human, people who use drugs are often excluded from the sphere of human rights concern. These policies, and the accompanying enforcement practices, entrench and exacerbate systemic discrimination against people who use drugs and result in widespread, varied and serious human rights violations. As a result, in high-income and low-income countries across all regions of the world, people who use illegal drugs are often among the most marginalised and stigmatised sectors of society. They are a group that is vulnerable to a wide array of human rights violations, including abusive law enforcement practices, mass incarceration, extrajudicial executions, denial of health services, and, in some countries, execution under legislation that fails to meet international human rights standards. At the level of the United Nations, resolving this situation through established mechanisms is complicated by the inherent contradictions faced by the UN on the question of drugs. On the one hand, the UN is tasked by the international community with promoting and expanding global human rights protections, a core purpose of the organisation since its inception. On the other, it is also the body responsible for promoting and expanding the international drug control regime, the very system that has led to the denial of human rights to people who use drugs. All too often, experience has shown that where these regimes come into conflict, drug prohibition and punishment has been allowed to trump human rights, or at least take human rights off the agenda. The UN system needs to ensure coherence in its policy and programmatic approaches, a coherence that reflects the primacy and centrality of human rights to the rest of its work. In three parts, this report: presents a critical analysis of the UN systems of drug control and human rights, and their relative relationship within overall UN governance, and outlines the basis for the primacy of human rights; highlights the multiple ways in which the enforcement of drug prohibition, the dominant approach of the UN drug control system, leads to a wide and varied range of human rights violations; and sets out recommendations aimed at ‘recalibrating the regime’ to prevent the ongoing subversion of human rights protection in the name of drug control.