UN CESCR concluding observations highlight rights abuses related to drug control and call for reform

On 28 February, the UN Committee on Economic, Social and Cultural Rights (CESCR) finished its seventy-seventh session and adopted concluding observations on the reports of Croatia, Peru, Philippines, Rwanda, United Kingdom of Great Britain and Northern Ireland.

Approximately every five years, the CESCR reviews reports submitted by the 172 countries that have ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR). The Covenant ensures that certain economic, social and cultural rights—such as education, fair and just labour conditions, an adequate standard of living, health and social security—are protected as fundamental human rights. The reports provide an overview of the implementation of the ICESCR, and the Committee highlights positive aspects and areas for improvement. This process allows for international accountability and the advancement of national policies that promote equality and well-being.

The CESCR's review of state reports from each of the five countries contained, in part, recommendations and remarks related to drug policy. Notably, the Committee's comments underscore the need for human-rights- and public-health-based approaches to drug use as well as the importance of harm reduction and decriminalisation.

IDPC joined a few submissions on Kenya and the United Kingdom. The review of Kenya was posponed.

Relevant excerpts from the CESCR's concluding observations are listed in the following section:

Croatia

The report did not make any specific mention of drug policy.

Peru

The report did not make any specific mention of drug policy, although it did call for the prevention and mitigation of the impacts of 'illegal activities' on the health of the population and the environment.

Philippines

The Committee highlighted a range of issues on the country's 'war on drugs', sharing concerns on extrajudicial killings, police brutality and human rights abuses in the name of drug control. The Committee called for accountability, legal safeguards and reform in line with international standards. Among the recommendations, feature the following, urging the country to:

• End its “war on drugs”;

• Promptly, independently and impartially investigate and prosecute all cases of human rights abuses in the context of the “war on drugs” and, if a person is convicted, apply penalties commensurate with the seriousness of the offence;

• Review its drug policies and legislation to bring them into line with its international obligations, international human rights norms and best practices, including the implementation of adequate treatment and rehabilitation programmes and voluntary harm reduction services for people who use drugs.

Rwanda

The report did not make any specific mention of drug policy, although it did make recommendations on preventing the spread of HIV, calling for the country to:

• Take measures to prevent the spread of malaria, tuberculosis and HIV/AIDS and to provide adequate and timely treatment and specialized healthcare and services to those affected.

Considering the high prevalence of high-risk practices among people who inject drugs in Rwanda, investment in harm reduction measures and the development of an 'enabling environment' — which includes removing the risk of criminalisation — is imperative.

United Kingdom

The report reflects the dire situation related to the 'high number of deaths by suicide and due to drug use'. A specific section on drug policy is included, with useful recommendations on drug policy reform:

54. The Committee is concerned about the high rate of drug-related deaths, the punitive approach to drug use and the limited availability and accessibility of harm reduction and rehabilitation programmes (art. 12).

55. The Committee recommends that the State Party, along with the devolved governments of Northern Ireland, Scotland and Wales, review its legislative framework to adopt a human rights-based approach to drug use, including by:

(a) Conducting preventive awareness-raising on the serious health risks associated with drug abuse, particularly among young people;

(b) Ensuring the treatment of drug use disorder and the provision of healthcare services, psychological support, rehabilitation services and harm reduction programmes for persons who use drugs and considering the adoption of alternatives to the punitive approach and criminal penalties for drug use.