Voices Of Community Action and Leadership (VOCAL KENYA), a health and human rights organisation has called on the law makers to ensure genuine concerns of all stakeholders in as far as safeguarding the health, well-being and related Constitutional rights of persons with drug use problems inform the process of amending the Narcotic Drugs and Psychotropic Substances (Control) Act).
This follows concerns of thousands of Kenyans experiencing substance use problems and who will be adversely affected by the contents of Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill, 2020 as currently drafted, should it be implemented.
While Kenya has already implemented several interventions regarding treatment and reintegration of persons experiencing drug use problems such as; the methadone programmes in several counties, the needle and syringe exchange programme and the establishment of guidance, counselling and rehabilitation centres in several counties, human rights approaches have not been used when dealing with persons with problematic drug use yet Articles 2(6), 10, 27, 43(1) and (2) of the Constitution support public health and human rights-based approaches. Research shows that as a result of our legal environment, seven (7) out of ten (10) inmates in Kenya are petty offenders with the lowest rate of determination rates including possession of drugs in small quantities.
VOCAL Kenya therefore calls on the legislatures to ensure that the proposed amendments make a fundamental distinction between persons with drug use disorder, persons distributing substances and traffickers which will exacerbate unwarranted and disproportionate profiling, charging and sentencing of low-level drug users. They also recommend that the amendment provides clear distinction of the classes of proscribed substances to avoid disproportionate sentencing of persons without due regard to the nature of substance with which they are found and to ensure that the Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill recognizes the public health needs of persons living with drug use disorders and thereby abiding to article 43(1) of the constitution that states that every person has a right to the highest attainable standard of health. By not recognizing the public health needs of those living with drug disorders, we negate the whole object of reforming these individuals leading to relapse or even adverse impact to their health since these victims require treatment and not just incarceration.
While the organization recognizes that Kenya has been making steady strides towards embracing global best practices in harm reduction interventions, treatment and rehabilitation of drug users and opportunities for law reform must be informed by available evidence of what works in relation to drug misuse based on human rights and public health approaches.
VOCAL Kenya therefore calls upon the law makers to draw attention to the public health needs of those most affected – women and youth. By eliminating incarceration of persons with drug use problems, the legislature will help free up human and financial resources wasted in ineffective punitive approaches against drug users, and redirect these limited resources at enabling law enforcement efforts to be focused where they should – on criminal drug traffickers as contemplated under the bill.
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