A/HRC/30/65
I.
Introduction
1.
In its resolution 28/28, the Human Rights Council requested the United Nations
High Commissioner for Human Rights to prepare a study, in consultation with States,
United Nations agencies and other relevant stakeholders, to be presented to the Council at
its thirtieth session, on the impact of the world drug problem on the enjoyment of human
rights, and recommendations on respect for and the protection and promotion of human
rights in the context of the world drug problem, with particular consideration for the needs
of persons affected and persons in vulnerable situations.
2.
Requests for information were sent to States and other stakeholders. Submissions
were received from 24 States, 4 United Nations agencies and other international
organizations, 4 national human rights institutions and 35 non-governmental organizations.1
3.
Three treaties form the core legal framework of the United Nations international
drug control regime: (a) the Single Convention on Narcotic Drugs of 1961 as amended by
the 1972 Protocol, which brought plants such as cannabis, the coca bush and the opium
poppy under international control; (b) the Convention on Psychotropic Substances of 1971,
which did the same for synthetic substances and precursor chemicals used in manufacturing
drugs; and (c) the United Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances of 1988, which increased the scope of international policing of the
drug trade and highlighted the connection between the drug trade and organized crime (see
art. 3 (5)). These treaties bring hundreds of illicit substances under international control,
criminalizing virtually every aspect of the unauthorized production and distribution of those
substances, although production, distribution and possession for medical and/or scientific
purposes is permitted.2 While human rights are not specifically addressed in these treaties,
the primary goal of the international drug control regime, as stated in the preamble of the
1961 Convention, is the protection of the health and welfare of humankind.
4.
The International Narcotics Control Board oversees implementation of all three drug
conventions. It monitors illicit drug production and trade, as well as access to controlled
substances for scientific and medicinal purposes, and investigates States that do not comply
with treaty requirements. The Commission on Narcotic Drugs classifies narcotic and
psychotropic drugs under different levels of restriction; it also serves as a governing body
of the United Nations Office on Drugs and Crime (UNODC) and approves the budget of the
Fund of the United Nations International Drug Control Programme.
5.
In its resolution 69/201, the General Assembly reaffirmed that the world drug
problem must be countered in full conformity with the Charter of the United Nations and
with full respect for all human rights. By its resolution 51/12, the Commission on Narcotic
Drugs called for the promotion of human rights in implementing international drug control
treaties, and the International Narcotics Control Board has stated that human rights must be
taken into account when interpreting international drug control treaties. The Special
Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of
physical and mental health has argued that when the international drug control regime and
international human rights law conflict, human rights obligations should prevail (see
A/65/255, para. 10).
1
2
2
The submissions are available from www.ohchr.org/EN/HRBodies/HRC/Pages/WorldDrugProblem.aspx.
See Single Convention on Narcotic Drugs of 1961, art. 2 (5).
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