Article: Legal Situation of Ancestral Medicines Worldwide

Worldwide

ADF – Perspectives for the First Half of 2024

By August 2024, the ADF has supported 34 new cases, 19 of which are directly related to ayahuasca. This indicates a persistent issue and a growing need for specialized legal assistance. ADF continues to support previous cases, offering expert witness testimony in criminal trials and providing technical and scientific advice, crucial for building robust legal strategies that defend individuals against charges stemming from a lack of understanding or prejudice towards ancestral medicines.

The criminalization of traditional medicine practices disproportionately affects Indigenous peoples and communities, who face dual risks in destination countries. These include harsh state responses through drug policies, such as pretrial detention or prolonged house arrest, and the lack of intercultural understanding by authorities. A major part of ADF’s work is urging states and judicial operators to respect the rights of Indigenous peoples and communities, ensuring that cultural practices involving ancestral medicines are not criminalized.

The ADF is also concerned about the rising number of legal incidents involving the exportation of ancestral plants and medicines, particularly from Brazil and Peru. These incidents jeopardize both local communities and the sustainability of traditional practices. We call on those working with these medicines in the Global North to operate with integrity, respecting the needs and rights of origin communities, and promoting a collaborative, sustainable approach that avoids exploitation or harm to these territories.

In 2024, ADF focused its support on Spain, Portugal, the United States, Canada, and Mexico — countries where the severity and frequency of legal incidents have increased. These include police raids during ceremonies, reflecting a more repressive approach by authorities. In Turkey, air transport of medicines has become a new risk point, underscoring the need for greater caution in the logistics of international practice.

Despite the challenges, ADF recognizes and celebrates efforts by various communities to gain legal recognition for their practices, working with high ethical standards. However, we stress that these initiatives must prioritize Indigenous communities, acknowledging that work with ancestral medicines goes beyond individual well-being and encompasses a shift in how we relate to life itself.

The globalization of ayahuasca has exceeded ADF’s response capacity. After twelve years of operation, the organization faces the challenge of continuing to provide effective support amidst growing demand. This situation prompts reflection on new strategies to support communities working with these medicines, while calling for global solidarity to maintain and expand these initiatives. Help us keep our mission alive and extend it further in an increasingly challenging legal context.

— Jesús Alonso Olamendi, ICEERS’ legal team.