The AIDS and Rights Alliance for Southern Africa (ARASA) is a regional partnership of over nintety non-governmental organisations working together to promote a human rights approach to HIV/AIDS, SRHR and TB in eighteen countries in Southern and East Africa. ARASA’s work focuses on training and capacity strengthening of people living with HIV and other key populations, with the aimed of promoting evidence-based policy and community advocacy.

La AIDS and Rights Alliance for Southern Africa (ARASA) es una asociación regional de más de noventa organizaciones no gubernamentales, que trabajan en conjunto para promover un enfoque de derechos humanos para el VIH/SIDA y la tuberculosis, en dieciocho países en África del sur y del este.

La AIDS and Rights Alliance for Southern Africa (ARASA) est un partenariat régional de plus de quatre-vingt dix organisations non gouvernementales, promouvant une approche au VIH/SIDA et à la tuberculose basée sur les droits humains; dans dix-huit pays d'Afrique australe et orientale.

AIDS and Rights Alliance for Southern Africa (ARASA)

Colaborando con la campaña Apoye. No Castigue, el IDPC y ARASA ofrecen una visión general de las preguntas clave que los partidarios de la descriminalización de drogas deben considerar al exigir una reforma. Más información, en inglés, está disponible abajo.

Over the past 60 years, governments have embarked on a global ‘war on drugs’ which has entirely failed to achieve its stated goal of a ‘drug-free world’. Instead, these policies have only succeeded in stimulating highly coercive state responses that prioritise surveillance, punishment and criminalisation while increasing harms.

It is estimated that one-fifth of the world’s prison population is deprived of liberty for drug ‘offences’, while drug law enforcement leads to millions of stops and arrests annually.

This punitive focus is costly and harmful - for those criminalised, their families, and their communities.

Criminalisation is a driver of marginalisation, trauma and risks. It disproportionately harms people already surviving multiple forms of oppression: economic deprivation, patriarchal violence, racism, ableism, serophobia, just to name a few.

Moreover, drug law enforcement is often weaponised by governments as a means for social control, providing cover for repression against political dissidents, and others deemed ‘undesirable’ or ‘expendable’.

Punitive responses also syphon resources away from what our communities really need and rightfully deserve: access to adequate healthcare, nourishing food, stable housing, sustainable livelihoods and caring environments.

This briefing provides an overview of the key questions that drug decriminalisation advocates should consider to mobilise for and demand reform.

Descriminalización: Construyendo un futuro sin castigos para las personas que usan drogas

89 ONG subrayan la necesidad de abordar los daños de las políticas de drogas represivas que socavan los derechos humanos. Más información, en inglés, está disponible abajo.

To: Ms Ghada Waly, Executive Director, United Nations Office on Drugs and Crime

Subject: Open letter on UNODC statement on International Human Rights Day 2021

We urge you to mark International Human Rights Day 2021 by calling on Member States to change drug policies and practices that violate human rights and perpetuate inequality and discrimination.

We are writing to you ahead of International Human Rights Day 2021, which will take place on the 10th December amidst escalating global demands for the reform of laws and practices that entrench racial discrimination and social inequality, including drug policies. Last year, IDPC – together with dozens of other civil society and community organisations – called on you to issue a statement on International Human Rights Day urging Member States to change drug laws and practices that undermine health and human rights. A year later, we ask you to seize this day as an opportunity to show UNODC´s alignment with other UN entities in calling for an end to drug policies and practices that perpetuate inequality and discrimination, and violate human rights.

For decades, punitive drug policies have driven widespread human rights abuses, as has been amply documented by the UN. These include the death penalty for drug offences; extrajudicial killings; arbitrary detention, often masquerading as ‘rehabilitation’; the denial of access to life-saving harm reduction services; widespread barriers to accessing controlled medicines for pain relief; the criminalisation of people who use drugs, subsistence farmers and others groups in situations of vulnerability; corporal punishment; and mass incarceration. In all of these cases, draconian drug policies have disproportionately affected people marginalised on the basis of their gender, race, ethnicity, and economic status, thus entrenching inequality and discrimination.

Along 2021, a broad range of UN entities called on Member States to reform drug policies with discriminatory outcomes. In June 2021, the UN Working Group on Arbitrary Detention released a landmark study on arbitrary detention and drug polices, which found that ´

the war on drugs may be understood to a significant extent as a war on people. Its impact is often greatest on those who are poor, but also frequently overlaps with discrimination in law enforcement directed at vulnerable groups

´. At the same time, the UN High Commissioner for Human Rights published a new ‘Agenda towards transformative change for racial justice and equality´, highlighting that ´

The discriminatory application of criminal law must be tackled at every stage, including by reforming drug-related policies

´. The High Commissioner´s proposal led to Human Rights Council Resolution 47/21, which contains key commitments to uproot systemic racism in the law enforcement and criminal justice systems. The Political Declaration on HIV and AIDS, adopted in June 2021, also showcased the international community´s commitment to ending inequalities as a step towards ending AIDS. Lastly, the new UN system Common Position on Incarceration, led by UNODC in partnership with other UN entities, notes ‘

the overrepresentation of minority and marginalized groups among prisoners, many of whom are charged with petty and nonviolent offences

support reform efforts aimed at ensuring proportionate and individualized sentencing and alternatives to conviction or punishment in appropriate cases, including for minor drug-related offences

These various commitments emerging across the United Nations are aligned with the 2018 Chief Executives Board’s UN System Common Position on drug-related matters, which makes clear that ‘

should be designed and implemented by States in accordance with their human rights obligations

’, and commits all UN agencies, including UNODC, to support drug policies ‘

that put people, health, and human rights at the centre

Similar human rights concerns have been highlighted in the just-released Global Drug Policy Index, which measures and ranks the national drug policies of 30 countries according to how well they align with the UN system Common Position on Drugs and its Task Team report of March 2019.

The theme of the 2021 International Human Rights Day is ‘Equality: Reducing inequalities, advancing human rights’, and is aimed at ´

addressing and finding solutions for deep-rooted forms of discrimination that have affected the most vulnerable people in societies

´. As such, it presents a crucial opportunity for UNODC to align itself with other UN entities in calling for the end of policies that perpetuate inequality and discrimination, while highlighting its commitment to the promotion of human rights, in line with the UN system Common Positions.

It is in this context that we urge you to issue a strong statement on International Human Rights Day, calling on states to change the drug laws, policies and practices that violate health and human rights, and entrench inequality. To be credible, such a statement should explicitly acknowledge the disproportionate impact of drug laws and drug control on people marginalised on the basis of their gender, race, ethnicity, and economic status, and urge Member States to:

Abolish the death penalty in all circumstances. Imposing capital punishment for drug offences has been found to be contrary to international human rights law by the Human Rights Committee, and the Human Rights Council.

Put an immediate end to extrajudicial killings committed in the name of drug control, as has been repeatedly called for by the Human Rights Council and UN human rights experts.

Permanently close compulsory drug detention centres, including those that masquerade as ‘rehabilitation’, and implement voluntary, evidence-informed, and rights-based health and social services, as recently called for by sixteen UN agencies, including UNODC.

Stress the urgent need to provide accessible, affordable, and adequately funded harm reduction services in community and closed settings, to fulfil the right to health and the right to life of people who use drugs, as demanded by several UN human rights bodies and experts. This is also central to UNODC’s core role as lead UNAIDS co-sponsor regarding prisons and HIV amongst people who use drugs.

Take immediate measures to address prison overcrowding, as already recommended by UNODC and the UN High Commissioner for Human Rights in the wake of the COVID-19 pandemic, by promoting alternatives to incarceration, and ensuring proportionate sentencing for all drug offences, including by taking into account mitigating factors – in line with the basic principle that prisons should only be used as a last resort in all circumstances.

Ensure that people who use drugs are not subject to arbitrary detention, torture, or ill-treatment – whether in state custody or public or private drug services. While under detention, people with a drug dependence or health problems associated with their drug use must be offered evidence-based treatment, harm reduction and other drug services on a strictly voluntary basis.

Promote the end of all punishment for drug use, and drug possession and cultivation for personal use, as permitted within the three drug control conventions. Such policy shifts will help to end the stigma, criminalisation, and exclusion faced by people who use drugs, and to facilitate access to health and social services, as called for by the UN system Common Position, UNAIDS, and UN human rights bodies.

Make sure that drug policies incorporate a gender-sensitive perspective. This should be done by tailoring drug services to the specific needs of women, and by ensuring that criminal laws take into account the circumstances of women involved in drug offences, as most of them come from backgrounds of poverty, marginalisation, and oppression.

Clearly outline the ways in which UNODC will work to achieve these changes, and the measures being taken to ensure that human rights are effectively embedded as a core strand for all of the Office’s work.

As the lead UN agency in drug-related matters, UNODC has the responsibility to promote drug policies that respect, protect, and fulfil human rights, in a way that is consistent with the standards developed by the UN system, and in line with the commitments set in the UN system Common Positions on drugs and on incarceration. A strong statement in the forthcoming International Human Rights Day would be an important and welcome step to signal UNODC’s unequivocal commitment.

We look forward to discussing these concerns and recommendations with you.

Las ONG instan a la Directora Ejecutiva de la ONUDD a celebrar el Día de los Derechos Humanos con un llamamiento a la reforma de las políticas de drogas que perpetúan las desigualdades

IDPC, TB/HIV Care y ARASA demuestran cómo la reforma de políticas sobre drogas es un tema de desarrollo sostenible que los países africanos deben atender con urgencia para alcanzar los ODS. Más información, en inglés, está disponible abajo.

By Maria-Goretti Ane-Loglo (IDPC) & Charity Monareng (TB/HIV Care)

In 2015, the member states of the United Nations adopted the 2030 Agenda for Sustainable Development, which provides a shared proposal for peace and prosperity for people and the world at large. At the centre are 17 Sustainable Development Goals (SDGs) calling for urgent action by all countries in a global cooperation. The governments of the world recognised that ending poverty and other deprivations must go hand-in-hand with strategies that improve health and education, reduce inequality, protect the planet, and spur economic growth.

With less than a decade remaining until the 2030 target date, it is imperative to take stock of how far Africa has come towards achieving the SDGs and what still needs to be done. Yet very little attention is being paid to drug policy reform in Africa, which is of particular importance considering how global drug control is a cross-cutting development issue that impacts and impedes many of the SDGs. Member states should at the very least be reporting on SDG Target 3.5 and its indicators which are directly related to drug use and treatment. However, over the past five years, African governments have failed to include any indicators or targets related to drugs in their reports.

Part 1 demonstrates how drug policy reform is a sustainable development issue.

Part 2 then provides the results from a desk review of African country statements at the High-level Political Forums on Sustainable Development (HLPF) in New York: on 7-16 July 2020, and 6-15 July 2021.

Finally, Part 3 contrasts the failure of governments to mention drugs in these statements, against what is really happening at the national level, based on a rapid review by the IDPC network in the region.

Políticas sobre drogas y los Objetivos de Desarrollo Sostenible (ODS): África no puede alcanzar las metas de los ODS sin reformar las políticas sobre drogas 

ARASA documenta obstáculos de financiamiento y otros relacionados con la respuesta regional al VIH. Más información, en inglés, está disponible abajo.

By AIDS and Rights Alliance for Southern Africa

In 2016, world leaders at the United Nations General Assembly adopted a Political Declaration on Ending AIDS. Countries agreed to an urgent agenda to accelerate efforts towards ending the AIDS epidemic by 2030. As part of the Political Declaration, leaders committed to reach ten specific Fast-Track Targets, to be achieved by the end of 2020.

Four years later, 2020 has arrived, and according to the Joint United Nations Programme on HIV and AIDS (UNAIDS), it appears unlikely that Fast-Track target of 6% of resources to be budgeted for social enablers has been met. UNAIDS states that key enablers of effective HIV responses remain neglected in dozens of countries across multiple regions, and this collective failure to invest sufficiently in comprehensive, rights-based HIV responses resulted in 3.5 million more HIV infections and 820 000 more AIDS-related between 2015 to 2020 than if the world was on track to meet its 2020 targets.

Necesidades en expansión, recursos decrecientes – Trazando el mapa de tendencias de financiamiento para facilitadores sociales en África del Sur y del Este

ARASA resalta los retos que enfrentan poblaciones clave en la respuesta al VIH, incluyendo la interrupción del acceso a servicios para reducción de daños orientados a personas que consumen drogas. Más información, en inglés, está disponible abajo.

After the first COVID-19 case was detected in the SADC region in early March 2020, countries imposed restrictions or lockdowns of differing intensity and duration as an urgent response in dealing with the health crisis posed by the pandemic. These measures disrupted social and economic life and access to health services, many of which were reconfigured to manage COVID-19 cases. In the SADC region, national responses to COVID-19 occurred in a context of systemically weak and under resourced health systems and high burden of HIV, and other chronic illnesses among the populace.

Community-led or outreach activities play a key role in mobilizing communities, combatting stigma, holding government accountable in policy and practice, and supporting health systems as well as have unique reach to populations who are disproportionately burdened by the HIV epidemic. Community-led HIV responses are the cornerstone to the HIV response in the region but little is known about the impacts of the COVID-19 measures on the gains the region has made in the provision of HIV prevention, care and treatment.

This brief presents the findings of a rapid assessment amongst 25 civil society organisations involved in the HIV response across the SADC region and provides recommendations for sustaining the community-led HIV response in the face of ongoing and future health crises.

Evaluación rápida del impacto de COVID-19 sobre las respuestas al VIH lideradas por la comunidad en la región SADC

ICASA 2021 es una gran oportunidad para impulsar la respuesta al VIH centrando la importancia para personas que consumen drogas de respuestas a la epidemia con acciones para reducción de daños que afirmen sus derechos. Más información, en inglés, está disponible abajo.

The International Conference on AIDS and Sexually Transmitted Infections in Africa (ICASA) is the headline conference in the region, and an important opportunity to advance the HIV response. However, people who use drugs and the harm reduction community have been consistently marginalised and under-represented at these events.

Despite the 2019 conference (in Kigali, Rwanda) having more than 8,500 delegates and an objective to “Rethink gender norms, human rights-based approaches and inclusion towards equitable and accessible HIV and AIDS services including key populations”, there was once again very little focus on harm reduction, and poor visibility for people who inject drugs. This crucial aspect of the HIV response was restricted to only two satellite events and around five poster presentations.

We are calling on ICASA to proactively address this imbalance, starting with preparations for the 2021 conference.

Proposed Objective: To raise the profile of evidence-based harm reduction programs and promote integrated rights-based and stigma free interventions and policies for Africans who use drugs.

It is estimated that there may be as many as 2 million people who inject drugs in Africa, of whom more than 11 percent are living with HIV. Yet services remain woefully unavailable, and only a few African countries have adopted this approach – most often with external funding, and through NGOs rather than state provision. According to UNAIDS, people who inject drugs account for 8 percent of all new HIV infections in Sub-Saharan Africa, and 37 percent of all new infections in the Middle East and North Africa. This is a population that cannot be overlooked if we are to end AIDS in Africa.

Furthermore, the conference in Uganda is an opportune moment for this conversation – the host country itself has begun to embrace the harm reduction approach in response to its own domestic drug use challenges.

Más de 60 ONG en África invocan a ICASA 2021 centrar la importancia de la reducción de daños en la respuesta al VIH 

La organización ARASA presenta una panorámica de las políticas de drogas en la región subsahariana, y comparte perspectivas y experiencias de personas que usan drogas en varios países africanos. Más información, en inglés, está disponible abajo.

Since the 1960s, the “War on Drugs” had started to take shape, not just in the US, but globally. By 1988, the United Nations Member States had ratified 3 major conventions that have fuelled criminal and repressive approaches to many forms of drug use. The War on Drugs has become a conflict of enforcing prohibitionist policies on the manufacture, distribution, and consumption of “illegal drugs.” However, now, after more than forty years of a militaristic approach to a public health problem, there continues to be an increase in narcotics production in the so-called “global south” and rising rates of consumption particularly in northern economies. Even more importantly, in recent years, there have been grave concerns about the global response to drugs; it has become more than clear that the War on Drugs not only perpetuated, but fuelled, severe human rights abuses towards people who use drugs, was not effective in its stated goals to curb drug use, and only worsened public health issues, especially in the context of HIV.

In the past decade a growing movement for reform of the outdated punitive approach has started to gain traction. Not only local, regional, and global civil society organisations, but also UN agencies are speaking out more and more in favour of drug policy reform and the need to provide people centred and rightsbased harm reduction services to people who use drugs. The harms of a continuing punitive approach that effectively criminalises people who use drugs are inconsistent with basic human right principles. In 2019 the UN System Task Team’s published a report entitled “What we have learned over the last ten years” speaks out strongly against the violent consequences of the War on Drugs.

Unexpectedly, global drug policy has influenced the African region significantly. Criminalisation of the possession of drugs for personal use remains across the southern African region and in many places harm reduction policies are not available; in places where policies are available to provide harm reduction services, implementation is often still lacking. In 5 countries where this report has done focus groups with people who use drugs it shows clearly that repressive policies lead to an environment of impunity of violence by the police, government stakeholders, and the wider community. Extreme levels of stigma are fuelled by criminalisation f drug use and possession within the communities that people who use drugs live. Even more worrying is the added burden of people who use drugs who live with HIV, who struggle to access ART, and of women who use drugs who face added issues of gender-based violence. Through linking the prevailing laws and policies with the lived experiences of people who use drugs this report provides clear evidence of the dehumanising effects of the continuing repression.

AIDS and Rights Alliance for Southern Africa (ARASA)

Región

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