“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood,” states Article 1 of the Universal Declaration of Human Rights, 1948.
The United Nations’ Universal Declaration of Human Rights is universal. Nobody is exempted. Simply put, these rights apply to everybody. Yet some groups were not considered when formulating and applying the law and policy. For instance, people who use illicit drugs are one of such group, these sets of people have their human rights violated systematically and endemically, which consequently, have grave impacts on wellbeing and health. In addition to the direct impacts of these human rights violations, they increase the vulnerability of the drug users to blood-borne infections such as HIV and hepatitis B and C because they naturally become vulnerable.
For instance, published work documents show widespread abuse of human rights, which increases vulnerability to HIV infection and negatively affect the delivery of HIV programmes, these abuses include denial of harm-reduction services, discriminatory access to antiretroviral therapy, abusive law enforcement practices, and coercion in the guise of treatment for drug dependence.
Experts assert that people who use drugs make up a considerably hidden population due to stigma, discrimination, social exclusion, and criminalising laws: often, people who use drugs need to remain hidden in order to survive. It is therefore impossible to categorically document all of the human rights violations experienced by people who use drugs. It is clear, however, that abuses of the human rights of people who use drugs are extensive and multiple.
Generally speaking, possessing drugs in Nigeria is a criminal act as the federal government is yet to amend its laws to accommodate drug abusers, which creates a lacuna for effectively criminalising people who use drugs.
This is even as it is also illegal to even have drugs in one’s bloodstream. Hence, people who use drugs are therefore inherently vulnerable to police interference and harassment, being publicly searched, being subjected to invasive strip and cavity searches, being arrested, and being imprisoned.
It is not uncommon for police to stop, detain, and arrest people simply for appearing as if they use drugs; needless to say. Pundits, however, see this process as entirely arbitrary and discriminatory. More so, people who inject drugs are easily singled out due to visual signs, or maybe stopped simply for looking as if they may be ‘under the influence’ of a psychoactive drug.
Sadly, cannabis legalisation in parts of the world appears to have accelerated daily use and related health impacts, according to the UN Office on Drugs and Crime (UNODC)’s World Drug Report 2022.
The report shows rises in the manufacturing of cocaine, the expansion of synthetic drugs to new markets, and continued gaps in the availability of drug treatments, especially for women.
According to the report, around 284 million people aged 15-64 used drugs worldwide in 2020, a 26 per cent increase over the previous decade. Young people are using more drugs, with use levels today in many countries higher than with the previous generation. In Africa and Latin America, people under 35 represent the majority of people being treated for drug use disorders.
Globally, the report estimates that 11.2 million people worldwide were injecting drugs. Around half of this number were living with hepatitis C, 1.4 million were living with HIV, and 1.2 million were living with both.
Reacting to these findings, UNODC executive director Ghada Waly stated: “Numbers for the manufacturing and seizures of many illicit drugs are hitting record highs, even as global emergencies are deepening vulnerabilities. At the same time, misperceptions regarding the magnitude of the problem and the associated harms are depriving people of care and treatment and driving young people towards harmful behaviours. We need to devote the necessary resources and attention to addressing every aspect of the world drug problem, including the provision of evidence-based care to all who need it, and we need to improve the knowledge base on how illicit drugs relate to other urgent challenges, such as conflicts and environmental degradation.”
The report further emphasizes the importance of galvanizing the international community, governments, civil society, and all stakeholders to take urgent action to protect people, including by strengthening drug use prevention and treatment and by tackling illicit drug supply.
According to the Drug User Peace Initiative (DUPI) the human rights abuses of drug users are systemic, police can and do stop people who they think may have taken illicit drugs. Those who are stopped have their bodily integrity violated through forced blood and/or urine testing in police stations.
DUPI stressed that people who use drugs are therefore routinely subject to detention simply for existing in society. Though Article 9 of the UN’s International Covenant on Civil and Political Rights states that “No one shall be subjected to arbitrary arrest or detention”, police are able to arrest and detain people who use drugs without following the same processes that many other citizens enjoy.
On interference with families of people who use drugs, DUPI noted that everybody has the right not to suffer arbitrary interference with their family. People who use drugs suffer such interference frequently.
It said the state, police, and social services becoming aware of an individual’s drug use can result in domestic intrusions, confrontations with social services, and losing child custody.
‘’Since people who use drugs are so heavily and universally demonized and stigmatised, they are often assumed to be unfit and/or incapable parents.
‘’Not only do people who use drugs risk losing custody of their children when their status as a drug user becomes known to the authorities, but we are seeing increasing prioritisation of the rights of foetuses over those of pregnant women who use drugs. These women are accused of endangering their foetuses due to their drug use. Far from improving the health of either foetus or mother, these interventions serve to increase stress, social exclusion, and marginalisation, and can act as a strong disincentive for women to access healthcare or service provision.
“The threat of punitive responses to pregnancy creates a climate of mistrust, drives pregnant women away from prenatal care, drug treatment, and even harm reduction services for fear of reporting, arrest, or loss of child custody. It also foments uncertainty among medical professionals as to their duty to protect patient confidentiality. The presence of police and prosecutors disrupts important medical care that is already often difficult to access,’’ DUPI noted.
It also stated that constant concern about police harassment, violence, and arrest results in rushed drug use and injections, as well as decreased use of harm reduction services such as needle and syringe programmes.
The African Students Union Parliament has averred the prevalence of drug abuse in the nation especially amongst youth and students as alarming.
Speaking to LEADERSHIP Weekend the Nigerian representative, ASUP, Comrade James Uneze called on the NAFDAC, NDLEA, UNODC and other relevant agencies and organisation to expedite action to halt the menace by arresting drug barons and rehabilitating drug users.
Uneze stressed the need for collecting accurate statistical data about drug related accident, crimes or diseases so that researchers can be able to document and proffer solutions for drug related problems to the federal government.
According to him, “There is need for rehabilitating the nation’s drivers as they continue to wreak havoc and accident in Nigeria roads. Substance abuse is on the high in Nigeria as conventional and non-conventional drugs are abused daily by Nigerians.
“It is always pathetic view daily in the nation’s motor parks as you glaringly see drivers drinking alcohol of all sorts before embarking on trips. These acts contribute to making African roads murderous.’’
He added that drug barons in the nation should be apprehended and prosecuted with immediate effect so as to serve as deterrent to others.
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