Helsinki Foundation for Human Rights (HFHR) is the leading NGO involved in the protection of human rights in Poland, and one of the most-experienced in this field in the region of Eastern and Central Europe. Its mission is to defend human rights, democracy and the rule of law in Poland and abroad. HFHR’s Drug Policy Program aims to promote drug policies rooted in human rights and based on scientific evidence at the local, national and regional level.

La Fundación Helsinki para los Derechos Humanos (HFHR) es la principal ONG dedicada a la protección de los derechos humanos en Polonia, y una de las más experimentadas en este campo en la región de Europa Central y Oriental. Su misión es defender los derechos humanos, la democracia y el Estado de derecho en Polonia y en el extranjero. El Programa de Políticas de Drogas de HFHR tiene como objetivo promover políticas de drogas enraizadas en los derechos humanos y basadas en pruebas científicas a nivel local, nacional y regional.

La Fondation Helsinki pour les droits humains (HFHR) est la principale ONG engagée dans la protection des droits humains en Pologne, et l'une des plus expérimentées dans ce domaine dans la région de l'Europe centrale et orientale. Sa mission consiste à défendre les droits de l'homme, la démocratie et l'État de droit en Pologne et à l'étranger. Le programme de politiques en matière des drogues de la HFHR vise à promouvoir des politiques relatives aux drogues ancrées dans les droits humains et fondées sur des preuves scientifiques aux niveaux local, national et régional.

Helsinki Foundation for Human Rights

HFHR, HRI, IDPC and EHRA submit this briefing to the UN Committee on Economic, Social and Cultural Rights (hereinafter, “the Committee”), in relation to the 7th periodic report of Poland. 

We welcome the fact that the Committee included under the Right to Physical and Mental Health (art. 12) of the List of Issues prepared ahead of the country review a request (no. 23) to: 

provide information on any follow-up measures taken, and their impact, with regard to the National Programme on Countering Drug Addiction 2016–2020. Please also provide information on any follow-up measures taken, and their impact, to increase access to opioid-substitution treatment for drug dependence. 

We note challenges in the field of harm reduction and opioid-substitution treatment as is now more commonly referred to as opioid agonist therapy (OAT) as well as the human rights consequences of drug policy in Poland. The content of this submission comes from the long-lasting monitoring of in-country situation but is also heavily influenced by information and insights provided by local organizations during the civil society consultations conducted jointly by the EHRA and the HFHR for Human Rights between June 2023 and January 2024 with the aim of supporting the upcoming CESCR’s General Comment on Drug Policy.

HFHR, HRI, IDPC and EHRA recommend that the Committee considers including the following in its concluding report to the Polish government:

ground drug policy in human rights, scientific evidence and reliable data 

decriminalize drug use and possession for personal use (which should include the removal of all sanctions, both criminal and administrative), and consider transformative change to the country’s punitive drug policy, as recommended by the OHCHR 

increase the coverage of, funding for, and diversify the range of harm reduction measures, including access to naloxone, both in the community and prison settings and ensure that such services are tailored to the specific needs of women, LGBTQI+, youth, migrants and other particularly vulnerable groups of people who use drugs 

ensure equal access to evidence-based prevention, harm reduction and treatment services on a non-discriminatory basis, taking into account the specific needs of particularly vulnerable groups 

actively combat stigma and discrimination against people who use drugs, including by developing a campaign in consultation with people who use drugs to counter stereotypes and raise awareness of the rights of people who use drugs.

Joint submission to the UN CESCR regarding opioid agonist therapy (OAT) and human rights in Poland

We, the undersigned organisations, are deeply concerned about the drastic intensification of anti- drug operations in Sri Lanka leading to significant human rights violations.

On 17 December 2023 the Acting Inspector General of Police Deshabandu Tennekoon, with the endorsement of Minister of Public Security Tiran Alles, spearheaded an operation titled “Yukthiya”, with the stated aim of controlling “the drug menace”. The operation is ongoing as of 10 January 2024, with at least one thousand persons arrested daily.

This operation is unfolding in a context of already severe repression against persons who use or are suspected of using drugs, who suffer discrimination and stigma within the Sri Lankan criminal justice system and society.

Alongside the Sri Lankan police, members of the armed forces have been supporting this operation, during which several human rights violations have been reported. These violations include alleged arbitrary arrests, primarily against individuals from marginalised socio-economic communities; searches conducted without warrants or reasonable suspicion; and degrading treatment including strip searches in public as well as cavity searches. The searches and arrests have been televised, in violation not only of the right to privacy (and of basic human dignity) but also of a person’s right to be presumed innocent. According to lawyers, persons are being arrested even when no drugs are found in their possession, simply for having been arrested for drug offences or having been sent to compulsory rehabilitation in the past. The arrests of main livelihood earners and mothers have adversely impacted the ability of families to meet their basic needs during a time of economic crisis in Sri Lanka, and the wellbeing of children.

Persons are being arrested primarily under Section 54A of the Poisons, Opium and Dangerous Drugs Ordinance, an offence which is non-bailable. As a result, those arrested are bound to spend time (sometimes months) in pretrial detention, thereby exacerbating already poor conditions of imprisonment in an overburdened prison system. The Human Rights Commission of Sri Lanka has previously stated that the existing prison conditions and treatment of incarcerated persons are “inhumane and degrading.”At present, as per statistics issued by the Department of Prisons, the level of overcrowding of the prison system is at nearly 200% - with punitive drug policies playing a significant role: as of 2022, 63% of convicted persons were sentenced for drug-related offences.

The total reported number of arrests pursuant to operation Yukthiya has exceeded 29,000 as of 9 January 2024, while nearly 1,500 people are in administrative detention in police custody for further investigation.  At least 1,600 more persons have been sent for compulsory drug rehabilitation, in violation of several fundamental rights; including the right to the highest attainable standard of health, which includes the right to consent to and withdraw from medical treatment. “Drug treatment” in these centres is abstinence-based, essential harm reduction services are not available, and persons undergo severe withdrawal symptoms without any medical assistance while in detention. The use of violence to discipline and punish has been reported in at least two compulsory drug rehabilitation centres which are within the purview of the Bureau of the Commissioner General for Rehabilitation and are operated by the military, which is in itself a violation of international standards.

The UN Working Group on Arbitrary Detention in its statement at the conclusion of its visit to Sri Lanka in 2017 expressed concern regarding the involvement of military personnel in drug treatment and rehabilitation, the fact that strenuous physical exercise was the core component of compulsory drug treatment, and at the lack of trained professionals to monitor the health of people in detention. Furthermore, the statement highlighted the irregularities in the judicial process by which persons were sent to drug rehabilitation centres without a medical assessment.

More broadly, the UN Special Rapporteur on Torture has highlighted that by denying persons access to substitution therapies, states are subjecting “a large group of people to severe physical pain, suffering and humiliation, effectively punishing them for using drugs and trying to coerce them into abstinence.” The Special Rapporteur has further stated “forcible testing of people who use drugs without respecting their autonomy and their right to informed consent may constitute degrading treatment, especially in detention settings. States are obliged to respect the enjoyment of the right to health, including by refraining from using coercive medical treatment. The requirement of informed consent, including the right to refuse treatment, should be observed in administering any treatment for drug dependence.”

Since the 2016 UN General Assembly Special Session on drugs, there is international consensus on pursuing a holistic and health and human rights-based approach to drugs, which encompasses supply and demand reduction as well as harm reduction. The 2019 Ministerial Declaration on drugs – the current global drug policy document - as well as multiple resolutions of the UN General Assembly, the UN Commission on Narcotic Drugs, and the UN Human Rights Council reiterate and recommend a similar approach.

A punitive and militarised approach to drug control contravenes recognised international human rights standards and guidelines, is ineffective to protect individual and public health, and ultimately fails to make communities safer.

Africa Network of People Who Use Drugs (AfricaNPUD) (Africa)

Anti-Death Penalty Asia Network (ADPAN) (Asia)

Association for Humane Drug Policy (Norway)

Centre on Drug Policy Evaluation (CDPE) (Canada)

Centro de Estudios Legales y Sociales (CELS) (Argentina)

Corporación Acción Técnica Social (Colombia)

Correlation - European Harm Reduction Network (Europe)

Drug Harm Reduction Advocacy Network Nigeria (Nigeria)

Foreningen Tryggere Ruspolitikk /Safer Drug Policies (Norway)

GREA - Groupement Romand d'Etudes des Addictions (Switzerland)

Helsinki Foundation for Human Rights (Poland)

International Commission of Jurists (ICJ)

International Drug Policy Consortium (IDPC) (Global)

International Network of People who Use Drugs (INPUD) (Global)

Skoun, Lebanese Addictions Centre (Lebanon)

Zimbabwe Civil Liberties and Drug Network (Zimbabwe)

Sri Lanka: Stop abusive anti-drug operation and release those arbitrarily detained

Wednesday, 20th September 2023, 13:30 - 15:00 (Geneva - CET)


Organised by the Office of the High Commissioner for Human Rights, in collaboration with Albania, Brazil, Colombia, Greece, Guatemala, Mexico, Paraguay, Portugal, Switzerland, Uruguay, UNAIDS, Amnesty International, Centro de Estudios Legales y Sociales, Dejusticia, the Global Commission on Drug Policy, Harm Reduction International, the Helsinki Foundation for Human Rights, the International Drug Policy Consortium, the International Network of People Who Use Drugs and the Open Society Foundation.

The Panel will provide a platform for international human rights experts, representatives of State and civil society organisations to discuss findings and recommendations of the report of the Office of the United Nations High Commissioner for Human Rights on ‘

Human rights challenges in addressing and countering all aspects of the world drug problem

Abdoul Thioye, Chief, Rule of Law, Equality and Non-discrimination Branch, OHCHR

Nekane Lavin, Human Rights Officer, OHCHR

Ann Fordham, Executive Director, International Drug Policy Consortium

Haryati Binti Jonet, Member, Asian Network of People Who Use Drugs

José Ignacio Juarèz Garcia, Director, Human Rights, Ministry of Foreign Affairs, Mexico

Hélène Tigroudja, Member, Human Rights Committee

Suki Beavers, Director, Gender Equality, Human Rights and Community Engagement, UNAIDS

Diego García-Sayán, Commissioner, Global Commission on Drug Policy

Special event: Human rights challenges in addressing and countering all aspects of the world drug problem

There has been substantial progress in the discussion and implementation of decriminalisation of drugs in the past 10 years. The issue is more broadly discussed and is more central to wider discourse around drug use and drug harms. Despite this progress, there remain barriers to ending criminalisation and preventing the consequent harms for people who use drugs and wider society.

SDF will be hosting a webinar to coincide with the publication of a new report, 

Working To Decriminalise People Who Use Drugs: Learning From Decriminalisation Efforts In 5 International Jurisdictions

. This report has been prepared for Ana Liffey Drugs Project by the Scottish Drugs Forum with support and funding of The Open Society Foundation. The report evaluates the recent decriminalisation and advocacy efforts in Scotland, Poland, Norway, Ireland and Maine (USA). These jurisdictions were selected as they had hosted decriminalisation advocacy projects funded by Open Society Foundation (OSF).

This webinar will cover the international policy context of decriminalisation and the findings from the report. Panel members will share the learning from good practice examples from their jurisdiction. There will be an extended discussion of the challenges and learning from implementing these changes.

Chair – Tony Duffin, Ana Liffey Drug Project, Dublin, Ireland

Introduction – Matt Wilson, Open Society Foundations

Brendan Hughes – European Monitoring Centre for Drugs and Drug Addiction

Kenneth Arctander – RIO (Norwegian Users’ Association in The Field of Alcohol and Drugs) and Norwegian Public Drug Policy Reform Committee (Norway)

Magdalena Dąbkowska – Helsinki Foundation for Human Rights (Poland)

Courtney Ross – Recovery Voices, Maine (USA)

Helsinki Foundation for Human Rights

Region

Translations

Related Content

Joint submission to the UN CESCR regarding opioid agonist therapy (OAT) and human rights in Poland

Sri Lanka: Stop abusive anti-drug operation and release those arbitrarily detained

Special event: Human rights challenges in addressing and countering all aspects of the world drug problem

Learning together: Progressing decriminalisation in Scotland, Ireland, Norway, Poland and Maine