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III. Obligations Arising from the Human Rights of Particular Groups

4.4 Right to traditional medicines and health practices

Indigenous peoples have the right to their traditional medicines and to maintain their traditional health practices, including those related to their spiritual health. This necessitates the conservation of their vital medicinal plants, some of which have psychoactive properties.

In accordance with these obligations, States should:

i. Refrain from depriving indigenous peoples of the right to cultivate and use psychoactive plants that are essential to the overall health and well-being of their communities.

ii. Repeal, amend, or discontinue laws, policies, and practices that inhibit indigenous peoples’ access to controlled psychoactive substances for the purposes of maintaining or increasing the overall health and well-being of their communities, and consider adopting appropriate legislative, administrative, and other measures to guarantee the exercise of the right to traditional medicines and health practices.

In addition, States may:

iii. Utilise the available flexibilities in the UN drug control conventions to decriminalise indigenous peoples’ possession, purchase, or cultivation of controlled psychoactive substances for personal consumption.

iv. Consider taking specific measures to protect the right of indigenous peoples to use psychoactive substances for specially defined purposes, including those related to their right to health.

Commentary:

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