Associazione Luca Coscioni 

By DRCNet Foundation & Associazone Luca Coscioni

Side event at the 51st Session of the UN Human Rights Council, Geneva

 Tuesday 4 October 2022 / 3-4pm CET / 9-10pm PHT / 9-10am ET

: https://us02web.zoom.us/meeting/register/tZMocOyupj4qE9INDq4OqGL71jsyyRFjvVIQ

Last 24 February, Senator Leila de Lima marked five years of incarceration in the Philippines. Under the administration of recently-elected President Ferdinand Marcos Jr., de Lima remains jailed, despite not being convicted of a crime, and despite the recantations of three key accusers, who say they provided testimony because of pressure.

In the meanwhile, the extrajudicial killing campaign begun by former President Rodrigo Duterte continues. The Office of the Prosecutor (OTP) of the International Criminal Court, after pausing its investigation because of a Duterte administration treaty motion for reconsideration, has sought the court's authorization to resume it. But the Marcos administration has rejected the ICC investigation and said it will not cooperate.

In "The Continuing Detention of Senator Leila de Lima," speakers will review her case, and the larger human rights situation in the Philippines.

Senator Risa Hontiveros, Republic of the Philippines (prerecorded video)

Marco Perduca, Associazone Luca Coscioni and former Senator, Italy

David Borden, Executive Director, DRCNet Foundation AKA StoptheDrugWar.org

Human rights in the Philippines: The continuing detention of Senator Leila de Lima

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.

NGOs urge UNODC's Executive Director to mark Human Rights Day with a call to reform drug policies that entrench inequality

The following letter was drafted by a coalition of 29 civil society organisations and community networks in the European Union. The letter urges the German Presidency to propose to the EU Horizontal Working Party on Drugs (HDG) that the current draft EU Agenda and Action Plan on Drugs 2021-2025 be rejected, and measures are taken to ensure an appropriate and inclusive strategic development process for the next EU drugs strategy.

We are writing regarding the proposed EU Agenda and Action Plan on Drugs 2021-2025, published by the European Commission on 24 July 2020 (the “2021-25 EU Drugs Agenda”, or the “Agenda”). We have serious concerns regarding both the process for its development as well as with the substance of the document and urge the German Presidency to propose to the EU Horizontal Working Party on Drugs (HDG) that this draft cannot be accepted, and to outline an appropriate and inclusive strategic development process for the next EU drugs strategy.

The formulation of the 2021-25 EU Drugs Agenda through a unilateral Communication of the European Commission without consultation with EU Member States and other relevant EU actors, including civil society is deeply problematic. If the HDG accepts this document as it stands, a worrying procedural precedent will be set. To date, the ‘EU’s drugs strategies and action plans are developed through a rigorous process that allows Member States to work together on the development of strategic approaches. This involves a series of negotiations, evaluations and compromises so that consensus can be reached in the form of a new strategy document.’ The 2021-25 EU Drugs Agenda appears to be the result of a hasty, opaque and non-participatory policy-making process, and represents a drastic departure from agreed EU policies. The lack of appropriate consultation and engagement inevitably means that the different experiences and views of EU Member States and other relevant EU actors have less weight in the new document. It fails to adopt a balanced, integrated, and multidisciplinary approach to drug matters; it is not rooted on human rights, public health, and the key international drug policy documents; and it envisages a diminished role for civil society and affected communities.

The European Union has been a global leader in advancing a balanced, integrated, and multidisciplinary approach to drug policies. The 2005 and 2013 EU Drugs Strategies established a consolidated framework that has become a ‘central guiding model’ for national-level drug strategies across the EU. However, the 2021-25 EU Drugs Agenda proposes -in its own words- a ‘paradigm-shift’. It disproportionately focuses EU policy on law enforcement and supply control, to the detriment of the priority previously given to public health, human rights, international cooperation, and scientific research and evaluation. If implemented, it will signal a diminished support for evidence-based drug treatment and harm reduction services, and it will weaken the voice of the EU in international drugs fora, where it has been a key global actor in defending the balanced, rights-based approach adopted by the 2016 UNGASS Outcome Document.

In spite of the EU’s commitment to seek the ‘active and meaningful participation and involvement of civil society’ in the ‘development and implementation of drug policies’, the participation of civil society in the preparation of the 2021-25 Drugs Agenda has been deeply flawed. European NGOs were only allowed to provide input to the Agenda with the publication of the Road Map, on 10 June 2020, with no other opportunity to feed in the process, besides a call between the Commission and certain CSFD members in April. It should be borne in mind that the Road Map is a document of just over two pages that does not allow for a genuine understanding of, or feedback on, the Agenda. No draft of the Agenda was ever shared.

Furthermore, the European Commission disregarded the overwhelming majority of the 27 submissions sent by European NGOs, which urged the EU to retain the balanced and multidisciplinary approach that characterized the 2005 and 2013 EU Drugs Strategies. The fact that the deadline for submitting feedback was 15 July 2020, a mere nine days before the publication of the Communication, suggests that the consultation was not undertaken in the spirit of genuine inquiry, and that the Agenda was at least near completion when the Road Map was published.

Crucially, although the external evaluation of the 2013 EU Drugs Strategy was finalised in April 2020, the evaluation was not published or otherwise shared with civil society until three months later, on 24 July 2020, thus depriving stakeholders of crucial information when providing feedback to the Road Map. This is important, as there would appear to be a significant disconnect between the Agenda and the external evaluation. For instance, the evaluation consistently found that the 2013 Strategy had ‘sparked a considerable amount of progress’ in the cross-cutting areas of coordination, international cooperation, and monitoring, research and evaluation, which are precisely the areas now removed from the Agenda.

In addition to the grave concerns regarding the process and procedure, we felt it is important to bring your attention the key flaws in the draft Agenda:

. Although the Agenda explicitly claims to seek an ‘integrated, balanced, and multidisciplinary approach’ to drug policies, the draft is not balanced, as over half of its eight priority areas concern security and supply control interventions, with the rest distributed between prisons, prevention, treatment, and harm reduction. Public health measures aimed at reducing the harms that can be associated to drug use have been relegated from the first priority of the 2013 Drugs Strategy to the end of the new Agenda. The cross-cutting themes of coordination, international cooperation, and information and research, which have been successfully developed since 2013 to materialise the multidisciplinary and integrated approach, have been dropped. The many references to the balanced approach across the operative parts of the 2013 Strategy, for instance as the basis for increased coordination across all actors, interventions at the CND, and international cooperation, have also disappeared.

Deprioritising human rights and public health.

 Human rights have practically disappeared from the draft Agenda, which contains no reference to the relevant international or regional human rights instruments, including the Universal Declaration of Human Rights. Furthermore, there is no mention of the International Guidelines on Human Rights and Drug Policy, a critical document developed with the leading support of Germany that lays down, for the first time, a set of clear and comprehensive international standards for articulating rights-based responses to illegal drug economies. In contrast, the 2013 EU Drugs Strategy explicitly referred to the Universal Declaration of Human Rights and the European Convention of Human Rights, amongst others, and human rights were mentioned several times in the section on international cooperation. Public health has been relegated from the first policy field in the 2013 Strategy to the last priority areas of the Agenda, and has been replaced by ‘drug-related security’ as the first goal of the document.

Dropping support for key international documents.

 Equally surprising is the little attention paid to the 2016 UNGASS Outcome Document - only a footnote in the preambular part of the Agenda, and a mention in the Action Plan, outside its priority areas -, even though it has been consistently described by the EU as ‘the most comprehensive policy agreement of the international community and a milestone in the discussions on international drug policy’. It is also inexplicable that the Agenda would completely fail to reference the 2018 UN System Common Position on Drugs, a watershed document championed by the EU and EU Member States, as it establishes for the first time a coherent position across all UN entities on key topics like decriminalisation and harm reduction.

Reducing the space for civil society and people who use drugs.

 Whereas the 2013 EU Drugs Strategy contained a commitment to promote and encourage ‘the active and meaningful participation and involvement of civil society’, the EU Drugs Agenda only mentions ‘engagement’ with the CSFD. Involvement with civil society beyond the CSFD has been omitted, and there is no reference to engaging with people who use drugs and clients of drug services, which the 2013 Strategy did.

Weakening the external dimensions of drug policy.

 The 2021-25 Drugs Agenda risks weakening the external action of the EU in bilateral and multilateral drugs fora, as it does not set clear guidelines for EU coordinated intervention, and it does not provide strong support for the key international documents that the EU has been forcefully defending and promoting in the last years. For instance, the Agenda does not provide any concrete principle or guideline for intervening at the CND, even though it is arguably the centre of the international drug control system, and the role of the EU there is more important than ever. This contrasts greatly with the 2013 Drugs Strategy, which committed the EU to a ‘strong voice’ in the Commission on Narcotic Drugs, with the aim of promoting the balanced approach. Another case in point is the only reference to alternative development in the whole Agenda, which can be found under the heading ‘dismantling drug production’, and is not deemed to warrant even one of the 24 priority areas set in the document. This is especially surprising considering that the 2018 Council Conclusions adopted exclusively on this topic committed the EU to a ‘leading role (…) in the funding and implementation of alternative development’, and stated clearly that the success of alternative development goes ‘beyond an exclusive focus on illicit drug crop monitoring’.

 In spite of the EU’s leading role in fostering scientific knowledge and research on drug markets and drug use through the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), the 2021-25 EU Drugs Agenda has dropped the cross-cutting theme on monitoring, research and evaluation, and science-based drug policies are scarcely mentioned in the operative parts of the document. Again, this makes a striking contrast with the 2013 Drugs Strategy, which featured a whole theme on research and evaluation for ‘a better understanding of all aspects of the drug phenomenon’, and provided a role for the EMCDDA in supply reduction, international cooperation, and the overall implementation of the document, among others.

 Although the 2021-25 Drugs Agenda explicitly seeks to reduce drug-related stigma, the European Commission press release accompanying the publication of the proposed Agenda was deeply stigmatising, as it puts drug policies at the same level as child abuse and firearms trafficking. Furthermore, the Agenda contains some instances of stigmatising language (‘substance abuse’ and ‘substance misuse’) that did not exist in the 2013 Drugs Strategy.

In light of the above and following established practices for the development of previous EU drugs strategies, we urge you, as the Council Presidency, to take political leadership and encourage the HDG to reject the draft proposed by the European Commission. A new process for strategy development should ensure that the new document reflects in a balanced manner the existing EU and the latest international commitments (in particular the 2016 UNGASS Outcome Document), the views of the EU Member States and all the relevant actors within the EU institutions, and engages meaningfully with civil society.

We would also be grateful if you could share this letter with your HDG colleagues before the 9 September meeting.
We remain at your disposal for any further discussion on this matter, and look forward to our continued cooperation on this and other topics during the German Presidency.

Associazione Luca Coscioni

Region

Translations

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Human rights in the Philippines: The continuing detention of Senator Leila de Lima

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