Brunei Darussalam. Philippines. Cambodia. Singapore Thailand. Indonesia. Myanmar. Vietnam. Malaysia. Laos AIFOCOM

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1 Brunei Darussalam Cambodia Indonesia Laos Malaysia Myanmar Philippines Singapore Thailand Vietnam AIFOCOM C o n c e r t e d e f f o r t o f t h e ASEAN Inter Parliamentary Association in supporting their governments in achieving Drug-Free ASEAN 2015

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3 AIFOCOM C o n c e r t e d e f f o r t o f t h e ASEAN Inter Parliamentary Association in supporting their governments in achieving Drug-Free ASEAN 2015

4 Contents Message from the President of AIPA Introduction... 1 Brunei Darussalam Persistent strategy of supply and demand reduction as well as tighten up border security 4 Cambodia Effective strategy through strengthening of law enforcement measure and institutional capacity... 5 Indonesia Maintaining parliamentary support for government s effort in combating drug crimes through budgetary support and legal reform... 6 Laos Strengthening of legal framework through Amendment of new National Drug Law... 8 Malaysia Enhancement of political commitment to fight the drug menace as well as shifting the paradigm of treatment and rehabilitation centre... 9 Myanmar 15-Year Narcotics Elimination Plan with the vision of achieving drug-free nation by the end of Philippines Funding support for drug law enforcement units as well as strengthening of Comprehensive Dangerous Drugs Act of Singapore Reducing drug supply and demand through multi-pronged approach comprising tough legislation, vigorous enforcement, intensive preventive drug education and coordinated rehabilitation as well as aftercare Thailand National drug control strategy to support national agenda on drug control Vietnam Development of legal framework to assist counter drug forces... 14

5 Message from The President of ASEAN Inter Parliamentary Assembly (AIPA) The Speaker of the House of Representatives of the Republic of Indonesia H.E. Dr. H. Marzuki Alie The 33 rd ASEAN Ministerial Meeting in July 2000 serves as the milestone in regional war against illicit drugs production, abuses and trafficking. It was during that meeting, ASEAN agreed to push the achievement of Drug-Free ASEAN to We, the parliaments of ASEAN countries, believe that the vision of a Drug-Free ASEAN 2015 is achievable. As the assembly of the parliaments of ASEAN Member States, AIPA supports our governments efforts in controlling illicit drug activities and mitigating their negative consequences to society. Back in 2001, the General Assembly of AIPA established the AIPO Fact Finding Committee (AIFOCOM) to asses the existing legal framework in ASEAN countries and provide general advice on developing legislative initiatives. AIFOCOM was established with the ultimate objectives of harmonization of legal frameworks against drugs menace in the ASEAN countries. During the recent AIFOCOM meeting in Yogyakarta-Indonesia in July 2012, the AIPA Member Parliaments have shared best practices and latest development on combating drug menace in their country. Reflecting upon the session on sharing of best practices and latest development, I am glad to see increasing efforts in addressing the menace of narcotic drugs in the region. I believe they will directly complement regional efforts in addressing crimes related to illicit drugs such as terrorism and other trans-

6 national crimes, as well as halting and reversing public health consequences of drug abuse such as the spread of communicable diseases. I sincerely applaud ASEAN Member States in their intensive efforts to fight against drug menace and the parliaments of AIPA in contributing in the process. Despite of those achievements and positive development, we must continue and strengthen our fight. Hence, I encourage AIPA Members to use our legislative power to develop stronger legal framework to support local enforcement measures in supply and demand reduction, as well as to enable aftercare support and alternative development. Also, I encourage the parliamentarians in ASEAN countries to intensify our cooperation and coordination for a more effective enforcement of illicit drug control in the region. Having said that, I encourage AIPA Members to enhance cooperation and coordination in a comprehensive manner with ASEAN s Dialogue Partners and external parties to eradicate illicit drug production, processing, trafficking and abuse. We must strengthen our functions and mandates in any possible manners to secure a better destiny for our community, the ASEAN community. LONG LIVE AIPA! President of AIPA H.E. Dr. H. Marzuki Alie

7 Introduction The problems caused by the illicit drugs trading, manufacturing and abuse in the region has prompted member countries in the Association of Southeast Asian Nations (ASEAN) to discuss a common strategy and coordinated actions in combating illegal drugs. Commitment of ASEAN, as an institution that encourages the region s economic development and regional cooperation, through cooperative framework, to combat illegal drugs is manifested in a Joint Declaration for a Drug-Free ASEAN by 2020 which was signed on 31st ASEAN Ministerial Meeting in July 1998 by the ASEAN Foreign Ministers. In an effort to suppress the growth of production, trafficking and abuse of illicit drugs, the ASEAN foreign ministers agreed to push the achievement of Drug-Free ASEAN to 2015 in their 33rd ASEAN Ministerial Meeting in July Hence, commitment among ASEAN member countries to realize this is necessary so that the threat to the security and stability of the ASEAN region can be eliminated. Introduction AIPA as an organization for parliamentarians from the ASEAN countries seeks to bridge people in the region through the harmonization of domestic laws and knowledge sharing of best practices of each member country. At the turn of the 21st century, AIPA reforms itself with the aim of establishing a new architecture of cooperation with ASEAN. The cooperation based on the principles and norms contained in the ASEAN Charter and the people-centered of the ASEAN Community. AIPA will facilitate the goal of ASEAN as set out in the 1967 Declaration of ASEAN, the ASEAN Vision 2020, and the 2003 Bali Accord II, which will lead to the realization of the ASEAN Community in Therefore, ASEAN-AIPA partnerships in combating illegal drugs, is a logical consequence to the formation of a regional structure that will usher realistic economic integration, a meaningful socio-cultural cooperation, and a rules-based ASEAN political-security community. Southeast Asia continues to suffer from the adverse effects of drugs; the proliferation that affects the growth, vitality, and security of the ASEAN region. Therefore, AIPA make every effort to prevent drug criminals or international terrorists seeking refuge across Southeast - 1 -

8 Introduction Asia regions. Drugs menace has become main discussion agenda because it is one of the main roots of the problem of security and stability as well as crimes that endanger world peace. Illegal drugs problem has become a link between terrorism, corruption and transnational crime networks. AIPA encourages its Member States to continue to pursue the criminals of illegal drugs and international terrorism, anywhere within and across borders, through rules-based government cooperation that is bound by legal foundations and clear procedures. AIPA member countries also called for information and documents exchange to harmonize the provisions of substantial and procedural law of extradition and mutual assistance in order to eradicate transnational crime, particularly against drugs and human trafficking in immediate manner. AIPA acknowledged that drug threat to political stability, health and morale in the region must be immediately removed. Therefore, the amendment to the Statute considered necessary to improve the role of AIPA in that regard. Amendment of the statute will facilitate the discussion of the resolution on the legislative agenda of the AIPA member countries, which in the end will realize the critical view of legislation harmonization in the area. Given the importance of joint efforts to combat and totally eradicate illegal drug trafficking and their adverse effects, the AIPA General Assembly recognized the need for intense drug awareness campaign in all ASEAN countries, the importance of legislation and parliament to contribute to the prevention and prosecution of drug trafficking and the need for harmonized legislation to combat the drug menace. Furthermore, the General Assembly has established AIPO Fact Finding Committee (AIFOCOM) in 2001 as a committee assessing the existing legal framework in ASEAN countries as well as providing general advice on developing legislative initiatives to achieve the objectives in harmonious legal frameworks against drugs menace in the ASEAN countries Based on the political will among the member countries to make progress in this area, it is expected that the process will move forward faster than had been planned. The ongoing threat to the political and security stabilization of the ASEAN posed by crossborder terrorism, organized crime, and drugs trafficking has already prompted parliamentarians to draw up a plan which sets out various priorities concerning measures to improve the strategy in combating

9 drugs problem. The improvement of legal frameworks, development of enabling conditions as well as national-scale action plans to prevent and combat illegal drugs are the common objectives among the AIPA parliamentarian members. Accordingly, across AIPA member countries, some tasks have been carried out at national and regional levels with a view of supporting, complementing or coordinating the work of law enforcers, authorities and other stakeholders in resolving the illegal drugs problems. Examples include: the launch of joint task forces, international collaboration campaign, provision of additional equipment, staff and financial resources as well as implementation of horizontal tasks, such as aftercare/rehabilitation or alternative development programs. Introduction The objective of this document is to highlight the role of parliaments, vis-à-vis parliamentarians, in the South East Asian region in advancing the agenda of Drug-Free ASEAN By providing examples of how parliamentarians in the region have promoted and supported the governments in their pursuit of a region free of illicit drugs, the document aims to inspire parliamentarians in other part of the world to intensify their support toward war against illicit drug abuse and trafficking. The Parliaments of the ASEAN nations confident that drug free ASEAN 2015 is achievable through concerted efforts of all stakeholders in the region

10 Brunei Darussalam Persistent strategy of supply and demand reduction as well as tighten up border security The battle against narcotic crimes in Brunei Darussalam is done under the umbrella of Narcotics Control Bureau (NCB), under the purview of the Prime Ministers Office. This Bureau serves as the coordinator of any anti-drug related programs as well as a focal point of cooperation with other law enforcement agencies on drug related matters at regional and international level. As a strategy to reduce demand and supply in order to eradicate the abuse of drugs and intoxicating substances, the Bureau adopted two main policies: a) The reduction of supply through prevention of entry of drugs in both legal or illegal point of entry; b) The reduction of demand through effective activities such as preventive drug education, supervision and rehabilitation. To the date, Brunei Darussalam is not a crop producing country and will constantly keep a close eye in monitoring and take steps in ensuring that this menace does not surface in the near future. However, Brunei Darussalam has been used as a transit point for drug traffickers. Therefore, in order to effectively eliminate syndicates involved in drug trafficking and to stop drug syndicates from using Brunei Darussalam as transit point, Standard Operating Procedure at the Brunei International Airport and other check points in Brunei Darussalam has been improved

11 Effective strategy through strengthening of law enforcement measure and institutional capacity In 2011, the strengthening of law enforcement measures in Cambodia has led to the increased arrest and conviction of illicit drug traffickers as well as the seizure of illicit substances by comparison with previous years. The increased illicit drug suppressing activities have also had the effect of reducing other crimes. Cambodia The Cambodian Government has implemented the following strategies in their war against drug menace. Those strategies are strengthening of institutions through implementation of multi-sectoral strategic plan at national and provincial levels; reduction of demand through dissemination of the danger of illicit drugs with target groups by involving state institutions, private partners and religious organizations and all concerned stakeholders; reduction of supply through implementation of the Village-Commune safety policies along with the 5 multi-sectoral strategic plans of the National Authority for Combating Drugs (NACD) to make the investigation of drug cases more effective; rehabilitation of drug addicts; The strengthening of law enforcement capacity through courses and training on investigation, as well as strengthening of laws on drug control. The Cambodian Government is also pursuing international cooperation. However, cooperation with developing partners is still limited due to the current world economic and financial crises

12 Indonesia Maintaining parliamentary support for government s effort in combating drug crimes through budgetary support and legal reform The increasing danger of the threat of illicit narcotics distribution in Indonesia has forced the House of Representatives of Republic of Indonesia through Commission III (Law) and Commission IX (Health) in particular, to fully support the efforts of Government of Indonesia to combat drug crimes by maximizing the efforts of prevention and eradication. In addition, the House of Representatives also provides budgetary support for these activities. In various meetings with the Government, Parliament forced the National Narcotics Board to improve performance in combating drug trafficking in Indonesia areas over the land, sea and air; the implementation of drug eradication in areas that are considered vulnerable, as well as tracing the possible involvement of law enforcement officers. Besides, the House of Representatives urged the National Narcotics Board to improve coordination, cooperation and synergy between law enforcement agencies within the framework of the implementation of Law Number 35 Year 2009 regarding Narcotics, especially in law enforcement. The National Narcotics Board is also expected to play a role in developing the rehabilitation facilities in district town or sub urban areas. In addition to the abovementioned supports, The House of Representatives of Republic of Indonesia also supports legislation effort through legal reform. In order to step up prevention and eradication of criminal acts of narcotic, the Indonesian Government amended the Law No. 22 Year 1997 regarding Narcotics with Law No. 35 Year 2009 regarding Narcotics signed by the President on October 12, This law established the Indonesian National Narcotics Board (Badan Narkotika Nasional Republik Indonesia) as an independent law enforcement agency, also in charge for prevention, community empowerment, treatment and rehabilitation and alternative development The latest development is Parliament has ratified the Bill on the Ratification of the Agreement between the Government of the Republic of Indonesia with the Hong Kong Special Administrative

13 Region Government of the PRC on Mutual Legal Assistance in Criminal Matters in February Hopefully, this ratification can support government s efforts in restricting space for the perpetrators of transnational crime, including illicit narcotics offender. The presence of the Law is expected to complete the previous law No. 1 Year 2001 regarding the Ratification of the Agreement between the Government of Indonesia and the Government of Hong Kong for the handover of Escape Offenders. Indonesia H.E. Dr. Marzuki Alie, the Speaker of the Indonesian House of Representatives, handed over donation from the House to five organizations engaged in drug eradication

14 Laos Strengthening of legal framework through Amendment of new National Drug Law To further strengthening the new National Drug law, The Lao National Assembly put forward a proposal for formulating legal framework in controlling drugs and related crime. The law specifies responsibilities for different sectors, including government agencies, society, the family, and the individual. The amended law stressed on international cooperation and covered related criminal activity, such as fraud. Furthermore, the law has given more authority to the Lao National Commission for Drug Control and Supervision as the National Government Organization responsible for coordinating drug control. The Lao National Assembly commitment toward Drug-Free ASEAN Community by 2015 and the Resolutions of the 32nd General Assembly of AIPA, in Phnom Penh, Cambodia, has been shown through encouragement on the implementation of the resolutions on Harmonization of Illegal Drug Law on the Capture and Seizure of Assets Used in or Possessed from Drug-related Cases; and the Control of Reactant and Precursors and on Demand Reduction Interventions. Furthermore, the Socio-Cultural Affairs Committee of the National Assembly in cooperation with concerned government agencies and international organizations has run public awareness campaigns, including the drug law awareness campaign against illicit drug by organizing public activities, sporting events and drug-free village promotion

15 Enhancement of political commitment to fight the drug menace as well as shifting the paradigm of treatment and rehabilitation centre Malaysia Malaysia enhanced their political commitment to fight the drugs menace by setting up Cabinet Committee on the Eradication of Drugs. The committee is the highest body of the country s Mechanism in Coordinating the Implementation of Policy to Combat the Drug Menace. The Committee is chaired by the Malaysian Deputy Prime Minister and represented by 14 Cabinet Ministers, Chief Secretary to the Government, Attorney General, Army and Police Chiefs, the Director General of the Public Service and the Secretary-General of the Ministry of Home Affairs as the Secretary. In 1996, The National Anti-Drugs Agency was established to monitor and control the drug situation in Malaysia. Its functions and powers have now been formalized under the National Anti-Drugs Agency Act The objective of the National Anti-Drugs Agency is to ensure the implementation of national policies on drugs and coordinate, monitor and evaluate all activities relating to the control and prevention of the drug problem to create a drug-free nation by The National Anti-Drugs Agency operates at the Federal, State and District levels. Furthermore, new approaches are designed to make treatment programs more open and to offer the community with opportunities to choose the rehabilitation services on a voluntary basis without going through the process of arrests and court orders. This is a paradigm shift for NADA to transform its treatment and rehabilitation services to all its clients in the country

16 Myanmar 15-Year Narcotics Elimination Plan with the vision of achieving drug-free nation by the end of 2014 Based on the view of establishing itself as a drug-free nation by the end of 2014, Myanmar has developed and implemented its 15- Year Narcotics Elimination Plan which was divided into the (3) five year phases and implemented in year by year projects. Myanmar government devised this framework of strategies, tactics and techniques that were adopted and carried to obtain the achievement of the works on combating against drugs. The plan has been started from townships of Shan state and has been implemented since The Myanmar Government s effort to reduce income derived from poppy cultivation, mainly in the Shan State, has seen a considerable result in However, recent food-shortage and poverty has bolstered the rate of opium poppy production as it provides a significantly more income rate than the cultivation of its substitution crops like farm-paddies and hill-side paddies. In addition, the Government of Myanmar also faced another problem caused by the stimulants tablets production, which takes place in the Myanmar- Thailand border areas. The narcotic drug traffickers and producers has taken benefits from geographical situation in those areas due to their accessibility to get precursor chemicals, simple production methods and easy cross border access for drug trafficking activities. In order to cope with those problems, Myanmar government has established various national committees or organizations. It has engaged in strong cooperation and collaboration with neighboring countries, such as Thailand and Laos, as well as with UN institution and other countries such as Russia and China. The cooperation aimed at designating the prevention and suppression of narcotic drugs and psychotropic substances

17 Funding support for drug law enforcement units as well as strengthening of Comprehensive Dangerous Drugs Act of 2002 The Philippine Government s campaign against the drug menace yielded several accomplishments, among all apprehension of wanted drug traffickers and recruiters of drug mules, seizure and destruction of multi-million dollars worth of dangerous drugs and drug paraphernalia, and the discovery and disassembly of clandestine laboratories and drug warehouses. Those accomplishments are also due to the contributions of the Congressional Oversight Committee on Dangerous Drugs and its partner agencies, the Dangerous Drugs Board, Philippine Drug Enforcement Agency (PDEA), Philippine National Police (PNP) and the National Bureau of Investigation (NBI). Philippines In order to support the works of the drug law enforcement units, the Congressional Oversight Committee on Dangerous Drugs, which oversees the proper implementation of the drug law, has consider the funding requirements of such enforcement units through interagency dialogues and representation during the budget deliberations. Furthermore, to help the victims of drug abuse, legislators and local government units have sponsored the establishment of regional and provincial treatment and rehabilitation centers. In the House of Representatives, the members of the House have also conducted voluntary drug testing headed by the Honorable Speaker, Feliciano Belmonte, Jr. Some of the challenges for the Philippine s anti-drug campaign including difficulty in monitoring the movement of dangerous drugs along coastlines (back doors) and mountainous regions; restrictive laws that prevent law enforcers from identifying the drug kingpins; bungling of drug cases; limited operational and intelligence capabilities of law enforcement agencies; and the financial constraints that limits the war against drug traffickers. In terms of legislative framework, the Philippine is fully aware of the need to strengthen the Republic Act 9165, otherwise known as the Comprehensive Dangerous Drugs Act of The Act has been sufficient in addressing issues and concerns of its time but requires enactment of remedial legislation, apprehension and conviction of the financiers or the so-called drug lords, implementation of an intensive drug abuse prevention campaign and the imposition of a common penalty for drug offenses for ASEAN Member States

18 Singapore Reducing drug supply and demand through multi-pronged approach comprising tough legislation, vigorous enforcement, intensive preventive drug education and coordinated rehabilitation as well as aftercare. Tough legislation and vigorous enforcement on drug trafficking and consumption adopted by Singapore has enabled this country to maintain its status as a relatively drug-free society. Singapore realize the growing complexity of this challenges, as well as its close proximity to the Golden Triangle that made the country vulnerable to the challenges of drug trafficking and consumption, therefore tough laws and vigorous enforcement actions must be in place to kept the local drug situation under control. The main legislation for drug crimes is The Misuse of Drugs Act (MDA). This legislation has been proven to be an effective weapon in assisting Central Narcotics Bureau in their fight against drug menace. The Act came into force in 1973, which provides for the compulsory committal of drug abusers to a Drug Rehabilitation Centre (DRC) for treatment as well as enhances the punishment for those arrested for trafficking in controlled drugs. The Act has been amended several times. In 1975, it has been amended to incorporate the death penalty for trafficking in more than 30 grams of morphine and 15 grams of heroin. In 1989, the Act was further amended to include the death penalty for trafficking in more than 1.2 kg of opium, 30 grams of cocaine, 500 grams of cannabis, and 200 grams of cannabis resin. The Act was again amended in 1998 to include the death penalty for trafficking in more than 1kg of cannabis mixture in 1993, and for more than 250 grams of methamphetamine. The MDA also provides for the presumption clause for trafficking. This clause places the onus of proof on the defendant to dispute the charge of possession for the purposes of trafficking for specified amounts of opium, morphine, heroin, cannabis (including cannabis mixture and cannabis resin), cocaine, methamphetamine, ketamine and MDMA ( Ecstasy )

19 National drug control strategy to support national agenda on drug control In Thailand, drug control policy has become national agenda and one of the urgent policies to be implemented in the first year of the Prime Minister Yingluck Shinawatra government. In 2011, a national drug control strategy called the Kingdom s Unity for Victory over Drugs was launched to be a national implementation guideline for all agencies concerned. Later, presided over by the Prime Minister, the national drug control campaign was publicly announced on 11 September 2011 at the Government House. Thailand The strategy on drug control efforts in Thailand could be summarized as follows: (1) Law enforcement measures focuses on suppressing drug traffickers/smugglers in communities, villages, border areas, prisons, and drug epidemic areas all over the country in accordance to the rules of law; (2) Drug preventive measures through empowerment of communities by establishing and expanding numbers of strong communities to fight against drugs all around the country; (3) Drug demand reduction and treatment through voluntary, compulsory and correctional treatment system as well as providing vocational treatment for social reintegration of previous drug abuser

20 Vietnam Development of legal framework to assist counter drug forces The situation of drugs trafficking, drug production and poppy recultivation in Vietnam in 2011 remains complicated and causing various dangers and difficulties for counter drugs forces. In order to attend to the complexity of the crimes related to illicit drugs, the Government of Vietnam has implemented the National Target Program on Drug Prevention upon approval of the National Assembly and the Government. In 2012 there are several noticeable developments in the framework of legislation. The drafting of Bill on Handling of Administrative Violations, maintain in which the provision that obliges addicts to undergo detoxification in treatment centers, which is in compliance with the Law on the Prevention and Combat against Drug Menace has been completed. Further, Decrees that supplement the new or unlisted drugs and precursors into the List of Controlled Drug has been developed and promulgated. In addition, Decree 163 in the direction that excludes the local educational measures in commune/township applicable to those who: newly get addicted; or, have not been administratively penalized; or, have no criminal or police records; or, have undertaken community-based detoxification has been amended. To help those addicts who relapse after obligatory detoxification treatment, a legislation that provides guidelines on filing procedure has been developed and promulgated. In addition, Government s Degree on Methadone Detoxification Measures has also been concretized

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