The Mexican Commission for the Defense and Promotion of Human Rights (CMPDPH in Spanish) is a secular and autonomous civil organization, founded in December 1989. The CMPDPH's advocacy is focused on Mexico and all activities at the local and international level are intended to have an impact on the structure and governmental policies in order to achieve the greatest range of protection of human rights and social justice. The CMDPDH believes in democracy, the need to defend the rule of law and the respect for human rights as the foundation of social life. The CMDPDH has consultative status with the ECOSOC (United Nations) and with the Organization of American States (OAS). It is also affiliated with the International Federation for Human Rights (FIDH) and the World Organization Against Torture (OMCT). At the national level it is a member of the Mexican Coalition for the International Criminal Court [Coalición Mexicana por la Corte Penal Internacional], the Coordination on Economic, Social and Cultural Rights in Mexico [Espacio de Coordinacion sobre Derechos Economicos, Sociales y Culturales en México - ESPACIO DESC], the Mexican Chapter of the American Platform of Human Rights, Democracy and Development [Capítulo Mexicano de la Plataforma Interamericana de Derechos Humanos, Democracia y Desarrollo] and the National Citizens’ Observatory for Femicide [Observatorio Ciudadano Nacional del Feminicidio]. The objectives of CMPDPH are to defend human rights through strategic litigation; to disseminate information regarding cases of human rights defense in Mexico; to collaborate with individuals, organizations, state institutions, and international organizations who participate in the defense, promotion, or education of human rights; and to foster groups dedicated to the defense of human rights. The CMDPDH will be accompanying the processes in Vienna and New York in 2016, seeking a greater understanding of the human rights violations justified by the war on drugs and advocating that human rights treaties must take precedence over drug control policies.

La CMDPDH difunde y defiende los derechos humanos a través del litigio estratégico y trabajo con personas, organizaciones, instituciones estatales y organizaciones internacionales que participan en la defensa, promoción o educación de los derechos humanos. En este marco, busca una mayor comprensión de las violaciones de derechos humanos justiciadas por la guerra a las drogas.

La CMDPDH défend et diffuse les droits humains à travers des actions en justice stratégiques et des campagnes ainsi que des travaux en collaboration avec des personnes, des organisations, des institutions étatiques, et des organisations internationales qui participent à la défense, à la promotion, ou à l’éducation en matière de droits humains. Dans ce cadre-là, elle cherche une meilleure compréhension des violations des droits humains justifiées par la « guerre contre la drogue ».

Mexican Commission for the Defense and Promotion of Human Rights (CMPDPH)

89 ONG soulignent la nécessité de s'attaquer aux impacts nocifs des politiques répressives en matière de drogues qui sapent les droits humains. Pour en savoir plus, en anglais, veuillez lire les informations ci-dessous.

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.

Les ONG exhortent la Directrice exécutive de l'ONUDC à marquer la Journée des droits humains par un appel à la réforme des politiques en matière de drogues qui perpétuent les inégalités

Afin de contribuer au rapport préparé par le Bureau du Haut-Commissaire aux Droits de l'Homme dans le cadre de l'UNGASS, des ONG du monde entier ont soumis leurs contributions sur l’impact du contrôle des drogues sur les droits humains. Pour en savoir plus, en anglais, veuillez lire les informations ci-dessous.

Abonnez-vous à l'Alerte mensuelle de l'IDPC pour recevoir des informations relatives à la politique des drogues.

Based on Human Rights Council Resolution A/HRC/28/L.22, the Office of the High Commissioner for Human Rights (OHCHR) is planning to draft a report on the impact of drugs and drug control on human rights in order to feed into the 2016 UN General Assembly Special Session (UNGASS) on drugs, which will be held in 2016.

In order to feed into the report, a series of NGOs submitted letters highlighting the impact of drug control on human rights. Please click on each link below to read these submissions:

Keep up-to-date with drug policy developments by subscribing to the IDPC Monthly Alert.

Mexican Commission for the Defense and Promotion of Human Rights (CMPDPH)

Région

Traductions

Contenu associé

Les ONG exhortent la Directrice exécutive de l'ONUDC à marquer la Journée des droits humains par un appel à la réforme des politiques en matière de drogues qui perpétuent les inégalités

Les ONG dénoncent les violations des droits humains commises au nom du contrôle des drogues