Page 77 - Daggabay Magazine Issue 9

Fields of Green for ALL • Collectively Reforming South African Cannabis Laws

2.5 Remedy & Reparations For Historical Injustices

& Human Rights Violations

The right to remedy and reparations for victims this process are those convictions that involved
of Human Rights violations is enshrined in Article violence and harm to others not associated with
8 of the Universal Declaration of Human Rights: Cannabis
“Everyone has the right to an effective remedy by
the competent national tribunals for acts violating It is only recently that various jurisdictions
the fundamental rights granted him by the that are in the process of legalised regulation
constitution or by law.” This applies to victims of for responsible adult use began taking this
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prohibition-related Human Rights violations . important outcome into consideration (most
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notably California and Canada ). This area will
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All criminal records for the use, possession, and have to be elaborated on in consultation with law
trade in Cannabis must be expunged from the experts. While the Cannabis Bill does provide for
record with immediate effect. All prisoners being the automatic expungement of criminal records
held on Cannabis charges in South African associated with contraventions of section 4(b)
jails must be released with no conditions, with of the Drugs Act, i.e. for possession and use of
immediate effect. The only convictions that should Cannabis, the current system for expungement of
be exempted or placed under review during criminal records is lengthy, costly and cumbersome.

A map of the”Bantustan” territories which correlates to traditional Cannabis production areas in South Africa.

CANNABIS IN SOUTH AFRICA • THE PEOPLE’S PLANT • A Full-Spectrum Manifesto For Policy Reform 33