RES/37/42 Contribution to the implementation of the joint commitment to effectively addressing and countering the world drug problem with regard to human rights

 GE.18-05234(E)



Human Rights Council Thirty-seventh session

26 February–23 March 2018

Agenda item 3

Resolution adopted by the Human Rights Council on 23 March 2018

37/42. Contribution to the implementation of the joint commitment to

effectively addressing and countering the world drug problem with

regard to human rights

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Reaffirming the Universal Declaration of Human Rights and recalling the

International Covenant on Economic, Social and Cultural Rights, the International

Covenant on Civil and Political Rights, the Vienna Declaration and Programme of Action

and other relevant international human rights instruments,

Reaffirming also the universality, interdependence, indivisibility and interrelatedness

of human rights as enshrined in the Universal Declaration of Human Rights and

consequently elaborated in other human rights instruments,

Recalling in particular that the Human Rights Council has the mandate to, inter alia,

promote universal respect for the protection of all human rights and fundamental freedoms

for all, without discrimination of any kind and in a fair and equal manner, to serve as a

forum for dialogue on thematic issues on all human rights, and to promote the effective

coordination and mainstreaming of human rights within the United Nations system,

Underscoring that the three main international drug control conventions of 1961,

1971 and 1988 and other relevant international instruments constitute the cornerstone of the

international drug control system, and reaffirming the targets and goals of the Political

Declaration and Plan of Action on International Cooperation towards an Integrated and

Balanced Strategy to Counter the World Drug Problem of 2009, and also the Joint

Ministerial Statement of the 2014 high-level review of the implementation by Member

States of the Political Declaration and Plan of Action,

Recalling Human Rights Council resolution 28/28 of 27 March 2015 entitled

“Contribution of the Human Rights Council to the special session of the General Assembly

on the world drug problem of 2016”,

Noting the contributions of international human rights bodies and mechanisms,

including international human rights treaty bodies, the Human Rights Council and its

subsidiary bodies, such as the special procedures and the universal periodic review, in

promoting the implementation of the international commitments to effectively address and

counter the world drug problem in accordance with States’ human rights obligations,

Recognizing that the three international drug-control conventions concern the health

and welfare of humankind, noting with concern that, although human rights are an

indispensable part of the international legal framework for the design and implementation

of drug policies, the availability of internationally controlled narcotic drugs and

psychotropic substances for medical and scientific purposes, including for the relief of pain

and suffering, remains low to non-existent in many countries of the world, and highlighting

the need to enhance national efforts and international cooperation at all levels to address

that situation by promoting measures to ensure their availability, affordability and

accessibility for medical and scientific purposes, within the framework of national

legislation,

Reaffirming the outcome document of the thirtieth special session of the General

Assembly, entitled “Our joint commitment to effectively addressing and countering the

world drug problem”, in its entirety, as adopted by Assembly in the annex to its resolution

S-30/1 of 19 April 2016, and reiterating that the operational recommendations contained

therein are integrated, indivisible, multidisciplinary and mutually reinforcing and aim at a

comprehensive, integrated and balanced approach to addressing and countering the world

drug problem, and reaffirming also the decision to establish 2019 as the target date for

States to implement the goals set out in the Political Declaration and Plan of Action on

International Cooperation towards an Integrated and Balanced Strategy to Counter the

World Drug Problem,

Reaffirming also the three main international drug control conventions of 1961,

1971 and 1988, the 2009 Political Declaration and Plan of Action, the Joint Ministerial

Statement of the 2014 high-level review and other relevant international instruments of the

international drug control system,

Recalling General Assembly resolution 72/198 of 19 December 2017 on

international cooperation to address and counter the world drug problem, and other relevant

Assembly resolutions,

Considering that the General Assembly has reaffirmed the need to strengthen

cooperation between the United Nations Office on Drugs and Crime and other United

Nations entities, within their respective mandates, in their efforts to support Member States

in the implementation of international drug control treaties in accordance with applicable

human rights obligations and to promote the protection of and respect for human rights and

the dignity of all individuals in the context of drug programmes, strategies and policies,

Reaffirming the principal role of the Commission on Narcotic Drugs as the

policymaking body of the United Nations with prime responsibility for drug control

matters, reaffirming also the support and appreciation of the General Assembly for the

efforts of the United Nations, in particular those of the United Nations Office on Drugs and

Crime as the leading entity in the United Nations system for addressing and countering the

world drug problem, and reaffirming further the treaty-mandated roles of the International

Narcotics Control Board and the World Health Organization,

Considering that the Commission on Narcotic Drugs encourages contributions of,

inter alia, relevant United Nations entities, within their respective mandates, to the work of

the Commission and the efforts of Member States to address and counter the world drug

problem, and to strengthening international and inter-agency cooperation, and also

encourages them to make available relevant information to the Commission in order to

facilitate its work and to enhance coherence within the United Nations system at all levels

with regard to the world drug problem,

Recalling the decision of the Commission on Narcotic Drugs to continue to work

with and support Member States, upon request, and relevant United Nations entities in the

implementation and sharing of best practices corresponding to the seven thematic areas

contained in the outcome document of the thirtieth special session of the General Assembly,

Welcoming the progress made in strengthening and expanding existing cooperation

on the public health-related aspects of the world drug problem, and reaffirming the need to

take into account the public health dimension of the world drug problem, in accordance

with the operational recommendations of the outcome document, including by intensifying

efforts to support Member States, upon request, in addressing and countering the world

drug problem in accordance with a comprehensive, integrated and balanced approach,

Welcoming also the 2030 Agenda for Sustainable Development, including its pledge

to leave no one behind, and noting that efforts to achieve the Sustainable Development

Goals and to effectively address the world drug problem are complementary and mutually

reinforcing,

1. Takes note of the report of the United Nations High Commissioner for

Human Rights on the impact of the world drug problem on the enjoyment of human rights,1

and the recommendations contained therein 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, and encourages States to

take into account the conclusions and recommendations of the High Commissioner;

2. Reaffirms the commitment by the General Assembly to respecting, protecting

and promoting all human rights, fundamental freedoms and the inherent dignity of all

individuals and the rule of law in the development and implementation of drug policies, and

to take the steps necessary to implement the operational recommendations contained in the

outcome document of its thirtieth special session, in close partnership with the United

Nations and other intergovernmental organizations and civil society, and to share with the

Commission on Narcotic Drugs timely information on progress made in the implementation

of those recommendations;

3. Also reaffirms the need to address the key causes and consequences of the

world drug problem, including those in the health, social, human rights, economic, justice,

public security and law enforcement fields, in line with the principle of common and shared

responsibility, and recognizes the value of comprehensive and balanced policy

interventions, including those in the field of the promotion of sustainable and viable

livelihoods;

4. Calls upon States to mainstream a gender perspective into and ensure the

involvement of women in all stages of the development, implementation, monitoring and

evaluation of drug policies and programmes, and to develop and disseminate gender-

sensitive and age-appropriate measures that take into account the specific needs and

circumstances faced by women and girls with regard to the world drug problem, bearing in

mind that targeted interventions that are based on the collection and analysis of data,

including age- and gender-related data, can be particularly effective in meeting the specific

needs of drug-affected populations and communities;

5. Requests the Office of the High Commissioner to prepare a report, in

consultation with States, the United Nations Office on Drugs and Crime and other United

Nations agencies, civil society and other relevant stakeholders, on the implementation of

the joint commitment to effectively addressing and countering the world drug problem with

regard to human rights, and to present it to the Human Rights Council at its thirty-ninth

session, and also requests the Office of the High Commissioner to share the report with the

Commission on Narcotic Drugs, through the appropriate channels, as a contribution to their

work in this field and in preparation for the sixty-second session of the Commission;

6. Encourages the High Commissioner and relevant international human rights

mechanisms to continue, within their respective mandates and through the appropriate

established channels with the Commission on Narcotic Drugs, their contribution to

addressing the human rights implications of the world drug problem;

7. Invites the Commission on Narcotic Drugs to take into account the

contribution of the Human Rights Council, in particular during the ministerial segment of

the sixty-second session of the Commission in 2019, in accordance with relevant rules of

procedure and established practices.

1 A/HRC/30/65.

56th meeting

23 March 2018

[Adopted by a recorded vote of 26 to 10, with 11 abstentions. The voting was as follows:

In favour:

Angola, Australia, Belgium, Brazil, Chile, Croatia, Ecuador, Georgia,

Germany, Hungary, Japan, Kyrgyzstan, Mexico, Mongolia, Nepal, Panama,

Peru, Republic of Korea, Rwanda, Slovakia, Slovenia, Spain, Switzerland,

Ukraine, United Kingdom of Great Britain and Northern Ireland, United

States of America

Against:

Burundi, China, Cuba, Egypt, Iraq, Pakistan, Philippines, Saudi Arabia,

United Arab Emirates, Venezuela (Bolivarian Republic of)

Abstaining:

Afghanistan, Côte d’Ivoire, Democratic Republic of the Congo, Ethiopia,

Kenya, Nigeria, Qatar, Senegal, South Africa, Togo, Tunisia]