drug law reform in malaysia: why needed?

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Drug Law Reforms in Malaysia: Why Needed? Fifa Rahman, LLB, MHL (Health Law) (Sydney) Policy Manager, European Union Project Malaysian AIDS Council

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Slides presented at the Drug Law Reform Parliamentary Roundtable held at the Banquet Hall in the Malaysian House of Parliament on 3 December 2013.

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Page 1: Drug Law Reform in Malaysia: Why Needed?

Drug Law Reforms in Malaysia: Why Needed?Fifa Rahman, LLB, MHL (Health Law) (Sydney)Policy Manager, European Union ProjectMalaysian AIDS Council

Page 2: Drug Law Reform in Malaysia: Why Needed?

Punitive Measures do not Reduce Drug Use/Crime• Dangerous Drugs Act 1952• Thomas Kerr 15 year study• Comprehensive health and harm reduction

services in Switzerland reduced snatch thefts• Death penalty does not deter drug trafficking• Punitive policy does not make conditions safer for

police• Police in these countries cite higher work

satisfaction levels, increased focus on cases of international smuggling

Page 3: Drug Law Reform in Malaysia: Why Needed?
Page 4: Drug Law Reform in Malaysia: Why Needed?

How do Police feel about Diversion/Health Approaches?“When police help with drug problems - their day gets easier. You won't see this person again.”Jenny PavlouDirector, Alcohol & Drug Strategy UnitVictoria Police “Police have a great deal of support. Public perception is very high and community engagement is very significant.”Inspector Jim CookeProfessional Standards CommandVictoria Police

“There are good dividends for us, not patrolling near the NSEP. Everyone benefits.”Mike AndersonManager, Strategic IntelligenceVictoria Police

Page 5: Drug Law Reform in Malaysia: Why Needed?

Person-focused approaches• 12-year old Kelantanese boy, 8 pills

of pil kuda, selling it after class.

• 20 years old male, sells burgers. Stopped school at 16 years old. Currently using crystal methamphetamine, starting using crystal methamphetamine when he was 17.

• 47 year old woman, sex worker, was born with HIV. Entire family has HIV.

• 63 year old woman, uses heroin and ice. Works as a domestic worker.

Page 6: Drug Law Reform in Malaysia: Why Needed?

What Drugs Reforms are we talking about today?• Definition of dependence• Removal of jail & caning for low

level drug consumption and use, diversion to health & social services assessments by multidisciplinary panel.

• Amendment of 14 day remand – ARV & methadone deprivation

Page 7: Drug Law Reform in Malaysia: Why Needed?

What’s Happening in East Java?

Regulation 23 Year 2013 Health Services Technical Guideline for Prisoners with Narcotic Dependence Problem at the East Java POLDA’S Jail

Regulation 10(1) The assessment is conducted by a team of assessors who are competent to analyze the degree of narcotic dependence problem as basis for diagnosis and organizing plans for therapy and rehabilitation.

Regulation 24 Year 2013 The Response Mechanism to HIV and AIDS in Police Detention Facilities

Page 8: Drug Law Reform in Malaysia: Why Needed?

Comprehensive, Uninterrupted Services• School education• Free, confidential sms service for accurate drugs

information• Music outlet for young drug users• Cannabis cessation services