'We must continue pursuing humane drug policies that advance all human rights' - UN Human Rights Chief

Delivered at the 5th Brandenburg Forum in Geneva : “Expanding the Conversation on the Human Rights Implications of Drug Policy”

Excellencies,
Distinguished participants,
Colleagues,

Drug policy can make or break a person.

It can kill, or it can save a life.

It can stigmatize and isolate people, or it can help heal connections with others.

More and more, we see that it’s human connection and evidence-based approaches – not punishment – that transform and uplift the lives of people affected by drug use disorders.

Those same policies reinforce social bonds and create healthier, more resilient communities and societies.

I welcome the growing acknowledgement by States that discussions on drug policy must take into account States’ human rights obligations.

We must build on this momentum.

This forum is an important part of our efforts to exchange views and best practices, and demonstrate how human rights offer us a path towards a more humane and effective approach to drugs.

Distinguished participants, dear friends,

That new path is desperately needed, because the so-called war on drugs has failed. It has neither reduced drug use, nor the illicit drug trade, nor the production and consumption of a growing range and quantity of illicit substances.

Some 292 million people around the world used narcotic drugs in 2022 – the latest year for which we have figures. That represents a 20 per cent increase over a decade.

New, increasingly potent drugs are emerging in several high-income countries, resulting in an increase in overdose deaths.

Not only has the war on drugs failed; the militarization of drug control continues to lead to many unnecessary deaths, and to the excessive and disproportionate imprisonment of certain groups, including vulnerable people.

Some of those deaths are state-sponsored killings. Thirty-four countries still retain the death penalty for drug offenses, killing hundreds of people every year. More than 40 percent of state executions in 2023 were for offences related to drug offences. This proportion has also risen sharply over the past two years.

Punitive and militarized drug policies are also linked with corruption and illicit financial flows. The profits from drug trafficking may be used to finance violence, terrorism, and armed conflict.

Economies based on illicit drugs are also having a large and growing impact on our climate and environment, from water stress to deforestation and the dumping of toxic waste.

Excellencies,

This forum’s focus on the negative impact of drug policy on economic, social and cultural rights is a very important one.

It is increasingly clear and documented that the war on drugs is harming public health, and people who use drugs are not getting the help they need. Though an estimated 64 million people worldwide suffer from drug use disorders, only one in 11 is in treatment.

Women are particularly affected. Only one in 18 women with drug use disorders is in treatment, compared to one in seven men.

Fear of arrest and widespread stigma have deterred people from seeking drug treatment, healthcare and support, including medical care for HIV/AIDS.

Homelessness is both a cause and consequence of drug use, and contributes to poor health among people who use drugs. Programmes such as Housing First that prioritise stable housing as the basis for recovery have proven their value in a number of countries. I encourage States to share their experiences and explore how such initiatives can be established and expanded.

Poorly designed drug policy also harms other human rights. In some countries, evidence of drug use or a criminal record for drug-related crimes can disqualify people from social benefits or restrict access to education or employment.

Blunt, punitive approaches have disproportionately affected some of the most marginalized communities, and perpetuated cycles of exclusion.

For example, States often overpolice Indigenous Peoples who cultivate drug crops to make a living.

The illicit drug economy also undermines the rights of people who are vulnerable to exploitation, including farmers, women, minorities, people of African descent and Indigenous Peoples. As States make efforts to curb the illicit drug trade, they must invest in viable and sustainable economic alternatives, in consultation with those affected. I welcome the recent resolution on alternative development by the Commission on Narcotic Drugs which supports this approach.

Excellencies,
Distinguished participants,

Looking forward, we must continue pursuing humane drug policies that advance all human rights, including economic, social and cultural rights.

This requires concerted action by all – primarily by States, but also civil society, and the United Nations system, among many others.

I see six areas for action.

First, I encourage all States to integrate the International Guidelines on Human Rights and Drug Policy into their national laws and policies, including with regard to housing, employment, harm reduction and protecting marginalised communities.

I welcome the decision by the UN Committee on Economic, Social and Cultural Rights to prepare a new General Comment on States’ legal obligations around drug policy. This should provide important additional guidance.

Second, harm reduction measures, such as needle exchange programmes, safe consumption sites, and access to information and healthcare, are crucial. States need to tackle shame and stigma around treatment for drug use disorders, and remove legal and policy barriers to access these services. We must show that they save and improve lives, for people, communities and societies at large.

Third, decriminalising drug use – accompanied by harm reduction measures and support for social reintegration - is another key element. Criminalizing people with a drug use disorder deters them from seeking treatment and creates further stigma and isolation.

Fourth, there is an urgent need to abolish the death penalty for drug-related offences. Executing people for these offences does not comply with international human rights law, which specifies that the death penalty can only be imposed for the most serious crimes involving intentional killing. The United Nations, as a matter of policy, opposes the death penalty in all circumstances.

Fifth, responsible regulation should aim to take control of illegal drug markets, eliminate profits from illegal trafficking, criminality and violence, and protect the environment.

Sixth, it is essential to include those most affected by drug use disorders in all decisions, policies and laws. The Scottish Charter of Rights for People Affected by Substance Abuse is an example of a policy developed through a multistakeholder process, reflecting the unique needs of different groups, including people who use drugs. I hope it can serve as inspiration to other countries around the world.

Excellencies, dear participants,

My Office and I personally will continue to do everything in our power to ensure coherence across the United Nations system on this issue, which affects hundreds of millions of people around the world.

Together, with your support, we must - and will - keep human rights at the centre of global drug policy, as we work for dignity, justice and equality for all.

Thank you.