On September 28, 2015, the UN Human Rights Council hosted a three-hour panel discussion on “The Impact of the World Drug Problem on Human Rights.” One of the panelists was Mr. Aldo Lale of the UN Office on Drug Control. The Advocates for Human Rights and several of its partner organizations prepared the following oral statement for the discussion, highlighting that tomorrow, October 10, is World Day Against the Death Penalty. The theme for World Day 2015 is the use of the death penalty for drug-related offenses.
This statement is made by The Advocates for Human Rights, Harm Reduction International, the Paris Bar, FIACAT, and the International Drug Policy Consortium, all members of the World Coalition against the Death Penalty.
Between 1980 and 2000, many countries added the death penalty as a punishment for drug-related offenses. This period coincides with the drafting, adoption and ratification of the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
Only a handful of the 33 countries that impose the death penalty for drug crimes actually execute drug offenders. But in those countries, drug crimes often result in the bulk of capital sentences and executions.
On October 10, the international community celebrates the 13th World Day against the Death Penalty, this year highlighting the human rights violations involved with imposing the death penalty for drug crimes.
International human rights standards recognize that the death penalty must be limited to the most serious crimes—intentional killings.
Further, the World Drug Report recently confirmed that after 30 years, countries that sentence people to death and execute them for drug crimes have not seen reductions in drug consumption or trafficking.
UN assistance in the form of international funds contributes to the arrest, prosecution, and subsequent sentencing to death of drug suspects. Since 2008 we have called on the UNODC to take responsibility for its role in these human rights violations.
In 2012, a UNODC Position Paper stated: “If, following requests for guarantees and high-level political intervention, executions for drug-related offences continue, UNODC may have no choice but to employ a temporary freeze or withdrawal of support.”
However, UNODC continues to fund law enforcement-focused counter-narcotics activities in a number of countries which aggressively apply the death penalty for drug offences. Earlier this year it was finalizing a new five year funding settlement in a country that has executed at least 394 drug offenders in 2015. This funding continues despite a recent report from the UNODC’s own Independent Evaluation Unit finding that that country has taken “no action . . . yet in line with UNODC guidance.”
Mr. Aldo Lale, how has UNODC applied these guidelines, and has it ever frozen or withdrawn support in countries that still conduct widespread executions for drug crimes?
We urge donors to freeze all financial support pending an investigation into how funds have been spent and until clear risk assessments and accountability mechanisms are put in place.
We welcome the panel’s views on how best to ensure accountability of the UN and donors for ensuring that human rights are respected in drug enforcement.
By: Amy Bergquist, International Justice Program staff attorney with The Advocates for Human Rights and its representative on the World Coalition Against the Death Penalty’s Steering Committee.