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Roar Mikalsen - HUMAN RISING - radiofri..

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most marginalised and stigmatised sectors of society. They are a group that is vulnerable to<br />

a wide array of human rights violations, including abusive law enforcement practices, mass<br />

incarceration, extrajudicial executions, denial of health services, and, in some countries,<br />

execution under legislation that fails to meet international human rights standards. Local<br />

communities in drug-producing countries also face violations of their human rights as a<br />

result of campaigns to eradicate illicit crops, including environmental devastation, attacks on<br />

indigenous cultures, and damage to health from chemical spraying.<br />

At the level of the United Nations, resolving this situation through established<br />

mechanisms is complicated by the inherent contradictions faced by the UN on the question<br />

of drugs. On the one hand, the UN is tasked by the international community with promoting<br />

and expanding global human rights protections, a core purpose of the organisation since its<br />

inception. On the other, it is also the body responsible for promoting and expanding the<br />

international drug control regime, the very system that has led to the denial of human rights<br />

to people who use drugs. All too often, experience has shown that where these regimes<br />

come into conflict, drug prohibition and punishment has been allowed to trump human<br />

rights, or at least take human rights off the agenda.<br />

Directives from the UN General Assembly to carry out drug control activities in<br />

conformity with human rights have been all but ignored in the formation and execution of<br />

drug control policies and activities, even by other UN bodies involved in drug control. At the<br />

political level, the Commission on Narcotic Drugs (CND), the UN’s inter-state body tasked<br />

with directing international drug policy, has never adopted a resolution with any operational<br />

requirements regarding human rights. In relation to UN programmes, as a result of control<br />

by the main donor states, spending on drug control by the UN Office on Drugs and Crime<br />

(UNODC), the secretariat that carries out the substantive work of the UN on drug control, is<br />

heavily weighted towards simple enforcement of drug control treaties, with little, if any,<br />

operational attention to the human rights dimensions of states’ enforcement of these<br />

treaties or of their domestic drug legislation. Moreover, the International Narcotics Control<br />

Board (INCB), the monitoring body for the UN drug control conventions, has stated explicitly<br />

that it will not discuss human rights.”<br />

Det er ingen tvil om at forbudet påfører brukerne en urimelig belastning. Dette begynner nå<br />

FN selv å ta konsekvensene av, og UNODCs selv sier dette om sitt ansvar i forhold til<br />

menneskerettighetene:<br />

”UNODC is the guardian of several key international conventions and protocols governing<br />

drugs and crime, placing it uniquely at the intersection of peace and security, development<br />

and human rights. It is the lead office for the delivery of legal assistance in preventing<br />

terrorism, and is the promoter of the United Nations standards and norms in crime<br />

prevention and criminal justice. As the risk of human rights violations in the name of action<br />

against drugs and crime increases, so it is ever more crucial that UNODC promotes a holistic<br />

approach to its fundamental obligations in the areas of security, development and human<br />

537

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