ADF: outlook after the first half of 2024
Over the past few years, we have witnessed an increase in the number of legal incidents related to ancestral medicines, particularly ayahuasca. In all of 2023, ICEERS’ legal defense program, known as the Ayahuasca Defense Fund (or ADF), provided legal support to 43 incidents in fifteen different countries. The incidents focused on the defense of individuals in criminal proceedings for the importation of ayahuasca and coca leaf, underscoring the tensions between traditional practices and modern legal frameworks, which do not always recognize the cultural and medicinal value of these plants.
Until August 2024, the ADF has continued its work, becoming involved in 34 new cases, of which 19 are directly related to ayahuasca. This not only shows the persistence of the problem, but also the growing need for specialized legal assistance. ADF has maintained its support in cases from previous years, standing out as expert witnesses in criminal proceedings and providing technical and scientific advice, which is crucial to build robust legal strategies to defend people facing charges in a context of ignorance or prejudice towards ancestral medicines.
During the month of June we supported the criminal case of Santo Daime in France, in the midst of a complex scenario. Given the illegality in that country of the plants that are used for ayahuasca, the defendants were found guilty of the crimes of drug use and drug trafficking, and were sentenced to ten months in prison with suspended sentences. We will continue to support the appeal to the Council of State, which will analyze the legality of the inclusion of ayahuasca in French law next year. In case of a positive decision, a review of this conviction can be requested.
One of the countries with the highest number of trials related to the use of medicinal plants is Mexico. So far this year, ADF has assumed and led the legal defense in four trials for the importation of narcotics due to the possession of ayahuasca in luggage, and two of these cases involve Indigenous people. Currently, in two of the trials, the individuals are free (a taita and a Mexican woman), while in the other two, they remain under house arrest (Indigenous Noke Koî) and face possible sentences of between ten and twenty-five years of imprisonment.
Status of ancestral medicines in their countries of origin
The criminalization of traditional medicine practices continues to have a more severe impact on members of Indigenous peoples and communities, who face a double risk in the countries of destination. On the one hand, the severe response of the States in their drug policies, often leading them to face measures such as preventive imprisonment or to spend long periods of time away from home under house arrest. On the other hand, the absence of a cross-cultural perspective on the part of the authorities. Therefore, an important part of our work is to urge States and legal operators to respect the rights of indigenous peoples and communities and not to criminalize cultural practices based on ancestral medicines.
The ADF is also concerned about the increase of legal incidents related to the export of ancestral plants and medicines, especially from Brazil and Peru. These incidents not only affect local communities, but also jeopardize the sustainability of traditional practices. We call on those working with these medicines in the Global North to act with integrity and respect the needs and rights of the communities of origin, promoting a collaborative and sustainable approach that avoids exploitation or damage to these territories.
Risk hotspots
In 2024, the ADF has focused its support on Spain, Portugal, the United States, Canada and Mexico, countries where an increase in the severity and frequency of legal incidents has been observed. These include police operations and raids during ceremonies, reflecting an increasingly repressive approach by the authorities. In Turkey, the air transfer of medicines has emerged as a new focus of risk, pointing to the need for greater caution in the international logistics of these practices.
Despite the challenges, ADF recognizes and welcomes the efforts undertaken by different communities seeking legal recognition of their practices, working with high ethical standards. However, we stress the need for these initiatives to put indigenous communities at the center, remembering that the work with ancestral medicines goes beyond individual wellbeing, encompassing a change in the way we relate to life itself.
Categories:
Ayahuasca
, ADF
Tags:
legality
, ayahuasca
, Ayahuasca Defense Fund
, prohibition
, trial
, prison
, prisión