States must avoid abusively labelling drug cartels and criminal gangs as “terrorist” organisations and reject a new “war on narco-terrorism” that violates human rights, according to Ben Saul, the United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.
In a statement accompanying his new report, Saul stressed that organised drug violence and drug misuse threaten the rights to life, personal security and health, requiring States to take all lawful measures to address them. He cautioned, however, that similarities between the effects of organised criminal violence and terrorism do not justify treating them as the same legal phenomenon.
According to the Special Rapporteur, international standards should limit terrorism to politically or ideologically motivated violence and exclude organised crime driven by profit.
Militarised Responses and Exceptional Powers
Saul warned that the growing tendency to designate criminal groups as terrorist organisations has expanded the use of exceptional powers and increasingly securitised responses. He highlighted this trend in connection with the “Shield of the Americas” initiative involving 19 States.
Militarised responses to so-called “narco-terrorism” have resulted in serious human rights violations, including arbitrary killings, torture, enforced disappearance and arbitrary detention, he said. Prolonged states of emergency have also restricted freedom of movement, association, expression and peaceful assembly, while affecting the rights of Indigenous communities.
According to information cited by the Special Rapporteur, the United States reportedly unlawfully killed at least 239 people in 71 military attacks on civilian vessels at sea over the past year, allegedly to prevent “narco-terrorism”. Saul stated that these killings may constitute crimes against humanity and called for those responsible to be held accountable.
Risks to Migrants, Humanitarian Action and Civil Society
The Special Rapporteur cautioned that unjustified terrorist designations may trigger asset freezes, travel bans, summary deportations and refoulement.
Overbroad offences relating to terrorist financing and material support may also harm migrants, humanitarian workers, businesses, civil society organisations and vulnerable communities.
He further noted that decades of heavily securitised responses in the Americas have frequently failed to reduce drug trafficking and have often increased violence.
Strengthening Justice, Public Health and Prevention
Saul urged States to strengthen organised crime frameworks, law enforcement and intelligence capacities, financial investigations, anti-corruption measures and international cooperation, alongside tighter controls on military-grade firearms.
He also called for action to reduce incentives to join or support criminal groups through poverty reduction, development, accessible public services and more responsive governance.
On drug policy, the Special Rapporteur advocated a fresh approach centred on prevention, education, public health and harm reduction. His recommendations also included the legalisation of drugs to undercut criminal profits.
The report highlights the importance of maintaining a clear distinction between counter-terrorism and efforts to combat organised crime, safeguarding human rights in security and criminal justice policies, and addressing the public health, social and economic dimensions of drug-related harm.
Source: Statement issued by the Special Rapporteur on 22 October 2026 and published by the Office of the United Nations High Commissioner for Human Rights.
Read the report: United Nations document A/81/227.
Special Rapporteurs are independent experts appointed by the UN Human Rights Council and serve in their personal capacity. The views and recommendations attributed above to the Special Rapporteur do not necessarily represent those of the United Nations or OHCHR.
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