ICAAP 2009: Criminalization of drug use: Is it a solution to end the war on drugs?
Ishwarchandra Haobam, Key Correspondent
(on HealthDev.net): Drug use is not a new phenomenon. It has been
traditionally accepted and used for?over a hundred years in most countries
across the globe. Since the introduction and distribution of new drugs in
the market place, people started abusing it and many countries had to devise
laws to tackle this menace.
Drug users are being criminalized in most countries. "They have to face
severe penalty or imprisonment of 25 years" said Annie Madden, Director of
the Australian Injecting and Illicit Dug Users' League (AIVL) during the
penal discussion in the 9th ICAAP pre-Congress Drug User Community Forum.
She further stressed that 85% of prisoners in Australia are imprisoned due
to drug related offences and if a person is caught possessing drugs for
personal consumption then he/she will be sent to community service but it
will again depend on the number of offence this person has committed.
The existing criminal justice systems in most countries are not relevant to
drug users and it is doing more harm than good. They are widely
misunderstood and discriminated against, and for various reasons could be
considered less a priority issue for governments to address. "We are not
bank robbers, rapists, or killers (who typically get much less time). We are
not rip-off artists or fraud merchants. We are those who made or sold or
used a product that millions of people want" commented a drug user attending
the 9th ICAAP conference.
Drug users' needs are complex and simple solutions would not resolve their
multiple problems. However the problems faced by the drug users can be
somehow minimized by looking at the world through a human rights lens and
from a more holistic perspective. Evidence has shown that criminalization of
drug use doesn't bring back the drug user into the mainstream rather they
are compelled to go underground and this makes the service provider
difficult to reach them. This could be one reason for why the drug user
community has less access to the health care system.
"The existing international drug policy does not deter the drug users from
using drugs, instead it is doing more harm than good" said Gabor L. Somogyi,
a consultant from the International Drug policy consortium (IDPC). The IDPC
is a global network of NGOs and professional networks that come together to
promote objective and open debate on drug policy issues at the national and
international level. Gabor further added that harm reduction programmes need
to be included keeping in mind the harms associated with injection of drugs
but at the same time other prevention and intervention programmes need to be
in place so that we can stop young people at the very early stage from
indulging into drug use habit. The drug policy that has been put in place
for over fifty years need to be reviewed and the governments should consider
the scientific evidence regarding the effective and positive responses in
tackling widespread drug use.
HIV/Hepatitis C (HCV) co-infection among injecting drug users is another
emerging issue that needs immediate global attention. "It has been always
neglected at national and international forums" said Giten Khwairakpam,
programme coordinator for Seven Sisters, the coalition of Asia Pacific
Regional Networks on HIV/AIDS, a broad based Alliance bringing together
seven regional networks, during the panel discussion at the Drug User
Community Forum. He further added that people can't afford the expensive
Peginterferon HCV treatment because most of the drug users are below the
poverty line. The issue of HIV/HCV co-infection needs a serious and
immediate attention because thousands of lives have already been claimed.
People are dying of HCV even though they are on ARV treatment. Governments
are not doing anything to address this emerging and serious issue.
The 1948 Universal declaration of Human Rights also mentioned health as part
of the right to an adequate standard of living (article 25). The right to
health was again recognized as a human right in the 1966 International
Covenant on Economic, social and Cultural Rights.
Since then, other international human rights treaties have recognized or
referred to the right to health or to elements of it, such as the right to
medical care. The right to health is relevant to all States: every State has
ratified at least one international human rights treaty recognizing the
right to health. Moreover, States have committed themselves to protecting
this right through international declarations, domestic legislation and
policies, and at international conferences. So the right to health and
access to treatment including HCV treatment also applies to drug users.
Denying their rights is a violation of international human rights treaty
signed by the member states. Governments, stakeholders, civil society
organization representatives and political leaders who are attending the
congress need to open up their eyes and look into the negative impact on
people's lives especially people living with both HIV and HCV.
There is a pyramid being built, upside down, with fewer and fewer supporting
workers at the bottom. Eventually, this unnatural pyramid must fall, unless
you - the drug user community, wake up and realize that the laws of nature,
including human nature, cannot be legislated out of existence. Just remember
the following precepts:
- Drug use is not drug abuse.
- Drug use does not cause crime. Drug prohibition causes crime.
- Drug abuse is a medical and psychological problem, not a criminal problem.
- Security cannot be gained by giving up your liberties.
- Free minds, free bodies and free markets lead to liberty, security and prosperity.
Morality cannot be legislated, nor can the laws of natural economics.
Governments always tend to over control and to be corrupt, and they need to
be watched very closely.
With that in mind, the drug users' community needs to show solidarity
demanding the right to health and fight against the criminalization laws.
The war on drugs is a war against drug users. It doesn't deter the drug
users to stop using drugs but rather make them more vulnerable.
Ishwarchandra Haobam
Key Correspondent
Online at: http://healthdev.net/site/post.php?s=5717