NEW YORK – States should avoid abusively labelling drug cartels and gangs as ‘terrorist’ organisations, and refrain from waging a new ‘war on narco-terrorism’ that violates human rights, says a new report by Ben Saul, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.
“Organised drug violence and drug misuse threaten the rights to life, personal security and health. States must take all lawful measures to combat them,” Saul said.
“Like terrorism, organised criminal violence may instil fear or coerce governments, yet it is a distinct harm that requires a different legal response. Under international standards, terrorism should be limited to political or ideological violence and exclude profit-motivated organised crime.”
The trend towards labelling criminal groups as ‘terrorist’ has expanded the use of exceptional powers and more securitised responses, evident also in the ‘Shield of the Americas’ initiative involving 19 States.
“Militarised responses to the so-called ‘narco-terrorism’ have seriously violated human rights, including through arbitrary killings, torture, enforced disappearance and arbitrary detention. Prolonged states of emergency have restricted freedoms of movement, association, expression and peaceful assembly, and the rights of Indigenous communities,” the expert said.
In the past year, the United States has reportedly unlawfully killed at least 239 people in 71 military attacks on civilian vessels at sea, allegedly to prevent ‘narco-terrorism.’
“These murders may constitute crimes against humanity, and the perpetrators must be held accountable. Aggressive military force has been used or threatened against countries. States have also abused emergency powers and authorised lethal military force where international humanitarian law does not allow it.”
Decades of highly securitised responses in the Americas have frequently failed to reduce drug trafficking and have often increased violence.
Unjustifiably listing criminal groups as ‘terrorists’ brings other human rights risks. It may trigger asset freezes, travel bans and summary deportations and refoulement. Migrants, humanitarians, businesses, civil society and vulnerable communities can be harmed by overbroad terrorist financing and material support offences.
“Instead of unjustifiably invoking counter-terrorism, States should strengthen organised crime frameworks, law enforcement and intelligence capacities, financial investigations, anti-corruption and international cooperation and enhance controls on military-grade firearms,” the Special Rapporteur said. “They should reduce incentives to join or support criminal groups, including through poverty reduction, development, public services and more responsive governance.”
“The world is awash with more illicit drugs than ever,” Saul said. “Decades of drug suppression efforts have failed and a fresh approach is urgently needed. States must slash demand through more effective drug prevention, education and public health, and harm reduction strategies and legalisation of drugs to undercut criminal profits.”
