Emanating from the International Forum on Kif and drugs
Under the theme “All for alternatives based on the sustainable development of health and human rights”
Friday 18th and Saturday 19th, March 2016
Region of Tangier-Tetouan-Al Hoceima
We, the participants of the International Forum on Kif and Drugs organized by the Tangier-Tetouan-Al Hoceima region and in collaboration with the ALCS and the Senhaja Rif associations Confederation for development.
This Forum saw the effective participation of the Economic, Social and Environmental Council (ESEC), the National Human Rights Council (NHRC), academics, civil society actors and national and international experts. It took place on Friday 18th and Saturday 19th of March 19, 2016 in the premises of the region of Tangier-Tetouan-Al Hoceima.
- The International Covenant on Economic Social and Cultural Rights, in particular Article 12 and Comment 14 of the Committee on Economic Social and Cultural Rights
- The preamble to the Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol, in particular the commitment of States Parties to the health and well being of humanity
- Sustainable development program in 2030 entitled “change our world” and adopted by the UNGA resolution A / 70 / L.1 of 18 September 2015;
Taking into consideration in particular:
- The conclusions of the OHCHR study of 4th of September 2015 (A / HRC / 30/65) on the impact of the world drug problem on human rights, and in particular the Recommendation on the eradication of obstacles to the right to health of drug users, the decriminalization of possession and personal use of drugs, the right to a fair trial in the context of judicial management of drug problems, and reflection on alternatives to prosecution and deprivation of liberties.
- The 51/12 decision of the Committee on Narcotic UN on strengthening cooperation between UNODC and other UN agencies to strengthen human rights in the context of the implementation of control International implementation of international treaties of the fight against drugs
- The UN Special Rapporteur’s findings for the right of everyone to the enjoyment of the highest attainable standard of health attainable of 6 August 2010 (A / 65/255) and measures relating to recommendations to limit harm as detailed by UNAIDS; to decriminalize or abolish penalties on the possession and consumption of drugs; to reform laws and policies that present obstacles to drug users to benefit from basic health services and finally to ensure that policies against drug respect human rights and allow reflection on development of a regulatory framework for long-term drug
- The Global Commission reports on Drugs and in particular the June 2011 report entitled “the fight against drugs” that concluded to the failure of punitive and penal policies as basic strategies against drugs in achieving fundamental objectives and recommended an examination of the policies against drugs to ensure the reduction of risks to people and groups, national security, the reduction of crime in relation to drugs by improvement of living conditions of the most vulnerable groups, including cannabis growers, and develop policies that allow the pull of the poverty they live. The report recommended that governments experiment with legal models that help combat and reduce the influence of organized crime and the protection of health and safety. These recommendations are applicable to the field of cannabis by the Global Commission.
Recalling that our efforts are part of preparations for participation in the UN General Assembly Special Session on Drugs and Crime to be held in New York between 19th and 21st of April,
Recalling efforts from civil society within the scope of the global movement for advocacy to highlight the failure of the war against drugs conducted over the past four decades
Affirming, from our local field experience, the need to develop integrated public policies, ensuring participatory realistic alternatives that combine human and territorial development, and ensuring effective access to cannabis farmers experiencing poverty and vulnerability to economic, social and cultural rights guaranteed under the Constitution and under international conventions to which Morocco has ratified or to which it has adhered;
We announce our commitment to the realization of the principle of non-impunity towards domestic and international crimes related to drugs, according to the Conventional obligations of Morocco and domestic laws and obligations of judicial cooperation;
We express our awareness of serious risks emanating from current international policies to fight against drugs and in particular the effects that strengthen the links between drugs and terrorism and violations of human rights;
We consider the final draft document, published on February 25th, 2016, was limited only to the prohibition of drug use based on the vision of a world free of drugs. This approach does not frame with the orientation of the various UN agencies that highlighted its limitations, its negative effects on public health, human rights, economic and social development, including current trends in the United Nations Office against Drugs and Crime, the United Nations program on AIDS, the World Health Organization, the United Nations Development Programme and the United Nations Program for Women, and the UN High Commissioner Bureau of Nations on human rights. These agencies have proven that repressive policies towards drug use and growers of native plants including Kif, have a negative impact
We recommend the following:
For participants in the UN General Assembly Special Session of the on Drugs and Crime to be held in New York between 19 and 21 April,
- in the field of fight against drugs adopt international policies based on the right to sustainable development, public health and human rights, given the harmful effects and non-productive policies based only on penalization and criminalization;
- the final report of the special session of the UN General Assembly on Drugs currently being negotiated should be concluded with recommendations that are based in particular on the following:
- a) the promotion of effective national policies, taking advantage of the areas of global and regional cooperation and the sharing of good experiences regarding alternative development with the culture of kif;
- b) a clear commitment to work to reduce the incidence of HIV and hepatitis among drug users, as well as a range of measures to combine prevention, treatment and care, as stipulated by the joint United Nations program;
- c) a commitment to provide support and protection to drug addicts rather than the punitive policy and repressive currently in place by the development and implementation of alternatives to criminalization, prosecution and imprisonment and sanctions, particularly the consideration of the International Narcotics Control Board 2007 report in this area and other relevant reports and as well as the general principles of proportionality enshrined in the international human rights law
- d) a stronger commitment against the death penalty in cases of drug-related offenses, in accordance with Article 3 of the Universal Declaration of Human Rights, and the Council’s position on human rights and the United Nations Office against drugs and crime;
- e) the recommendation to remove criminal penalties for simple drug use or cultivation of Kif and work to find alternative solutions based on sustainable development
Recommendations of national scope:
Participants in the international forum recommend continuing collective reflection between the various institutions involved in the following:
1) Take advantage of the current opportunity to reform the Penal Code to provide:
- Amendments of Dahir No. 1.73.282 of 28 April 1394 (21 May 1974) on drug abuse and addiction in order to decriminalize drug use and replace custodial sentences by therapeutic measures based on the respect of drug addicts’ rights and dignity.
- Amendments of the Dahir 1974 quoted above in direction of the decriminalization of regular, supervised cannabis agriculture within the scope of the legalization and state control of culture for legitimate domains..
2) Deepen collective and participatory reflection on appropriate legal solutions guaranteed by the Constitution to the situation of growers of cannabis prosecuted under the provisions of the Dahir of 1974 currently in effect.
3) Reform of the legal system on the fight against discrimination in order to organize the legal penalties for discrimination because of the status of current or future health which will help to remove barriers in access to care for PLWHA and the rest of vulnerable groups
4) Developing integrated public, national and territorial policies towards economic and social rehabilitation of poor cannabis farmers and their families, allowing them out of poverty and ensuring their access to their social and cultural economic rights.
5) In all solutions and proposed policies including those related to the fight against drugs and risk reduction, Support an approach based on human rights and sustainable development, and the fight against discrimination and gender equality, as guaranteed by the Constitution and international conventions ratified or signed by the Kingdom.