General comments by India before adoption of the resolution on ‘Contribution of the Human Rights Council with regard to the human rights implications of drug policy’ at 52nd Session of Human Rights Council (27 February – 4 April 2023) delivered by Ms. Seema Pujani, First Secretary, Permanent Mission of India,

Geneva, 4 April 2023

Mr. President,

1.  At the outset, we thank the core group for their efforts in revising the text of this resolution to address the many concerns of Member States and commend them for their constructive engagement aimed at building consensus throughout the negotiations.

2.  The subject of this resolution is important and complex, one which is of global concern considering its impact on human lives. India is of the view that there should be a balanced approach to dealing with the world drug problem and the promotion and protection of human rights. Attaching primacy to one over the other may jeopardize international efforts to counter the problem.

3.  It is well recognised that Narcotic Drugs and Psychotropic Substances have several medical and scientific uses. However, they can be and are also abused and trafficked. Therefore, we support greater international cooperation for addressing the world drug problem. We also strongly believe that the International Narcotics Control Board and the Commission on Narcotic Drugs play a central role in the context of drug control and other drug-related matters.

4.  Indian law enforcement agencies attach the highest importance to upholding the rule of law in compliance with human rights obligations. Our commitment to prevention of drug abuse and trafficking predates the coming into force of the three international conventions on drug control matters[1]. The principle of preventing use of drugs except for medicinal use is enshrined in our Constitution. As one of the largest pharmaceutical producers in the world, we supply narcotic drugs and psychotropic substances for medical use throughout the world.

5.  We are happy to note that the core group has taken on board many of our concerns in the text.  However, we are disappointed that there is reference to the ‘International Guidelines on Human Rights and Drug Policy’ in PP14 that have not been inter-governmentally negotiated by Member States. We also regret that the title of the resolution is not in line with the theme of the outcome report of the Office of the High Commissioner for Human Rights as well as that of the intersessional panel discussion, as per OP10 and 11. Nonetheless, given the significance of the subject of this resolution, we will not dissociate from consensus on the text.

 I thank you.

[1] Single Convention on Narcotic Drugs, 1961; Convention on Psychotropic Substances, 1971 and the UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988