As part of a process of consultation with policy makers and the professional community for the implementation of the national policy on the limitation on drug quantities in Ukraine, UNODC brought together representatives of the Ukrainian Ministry of Health, the Supreme Court of Ukraine, the Anti-Drug Department of the National Police, the US Center for Disease Control and Prevention and the UNAIDS Ukraine program in Kyiv on 11 October 2023. The consultative roundtable discussed ways to incorporate evidence-informed responses, based on health and human rights-centred approaches, to optimize public health and prevention of drug use disorders and trafficking. The issue of threshold quantities of narcotic or psychotropic substances in illegal use (either for personal or commercial purposes) is crucial for drug policy and law, determining the appropriate response and proper balance between incarceration and treatment modes.
In his opening remarks, Dr Ihor Kuzin, Deputy Minister of Health of Ukraine, highlighted the multi-faceted challenge involved in implementing the policy on drug quantity limitation and the Ministry's vision of the importance of the national drug control strategy and its alignment with human rights, contemporary therapeutic approaches and international and European standards. The national representatives also recognized the importance of the treaties that shape international drug law and of which the UNODC is the custodian, as they are essential in helping to fulfill the dual obligation of governments to establish a control system that guarantees a fair balance between access to drugs and controlled substances in accordance with therapeutic utility and medical and scientific uses, while preventing abuse, diversion and trafficking.
Ms. Harsheth Virk, Head of UNODC Office in Ukraine, stressed the importance of a multi-pronged response, requiring the involvement and cooperation of many sectors of government and society. “Our intervention should be based on the recognition that certain controlled substances are indispensable for medical and scientific purposes, and that their controlled access and rational use should be prioritized because of their importance to national public health, particularly in cases of HIV and HCV contamination and mother-to-child transmission of HIV (PMTCT)".
Ms. Virk also stressed the importance of avoiding the incarceration of people who use drugs who are suffering from drug use disorders and have not broken the law by possessing narcotics, by adopting a people-centered approach. This health-based response to drug use involves working directly with people who use drugs and community-led organizations to prevent overdoses and the transmission of infectious diseases, improve physical, mental and social well-being, and provide options for accessing substance use disorder treatment and other healthcare services.
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At the consultative round table, representatives of the Supreme Court expressed their support for the principles of human rights and fairness that should prevail when considering sanctions for offenses related to the supply and trafficking of illicit drugs. The round table was also an opportunity for the National Police of Ukraine (NPU) to share their vision of a progressive approach to the implementation of standardized limits, which should help to improve the legality and effectiveness of the national policy. In addition, Jason Kew, Senior Innovative Practice Officer from the United Kingdom, presented his experience as a former law enforcement officer on the various policy options available to Ukraine to address the issue of drug quantities for arrest.
Following this fruitful discussion, partners committed to organizing follow-up actions to obtain accurate data on the extent and evolving nature of the overall drug problem, with a view to filling information and knowledge gaps and implementing an evidence-based drug policy, effectively qualifying the seriousness of the crime and the corresponding legal sanction, as well as minimizing the negative impact of the necessary control and security measures.
According to the World Drug Report 2023, the continued illicit drug supply and increasingly agile trafficking networks are compounding intersecting global crises and challenging health services and law enforcement responses. Drug trafficking threatens the safety and health of citizens and undermines the rule of law. The human rights aspects of drug control also pose a challenge to public health and drug control authorities. Globally and in Ukraine, UNODC provides technical support for a comprehensive, integrated and balanced approach to addressing and countering the drug problem. Such an approach contributes to the development of the national capacity of expertise, tools and resources to prevent and address problems related to drugs through strengthening the rule of law, enhancing the local contribution to research and analysis, and health and sustainable multisectoral approaches.
The three international treaties shaping international law on drugs are:
Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol
