Illicit Drug use in the Asia Pacific Region - Burnet Institute

Situational analysis of illicit drug issues and responses in the Asia–Pacific region
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A6 .6 Country responses to drugs
Agreements and treaties
Lao PDR is a party to the 1961 United Nations
Single Convention, the 1971 UN Convention
on Psychotropic Substances and the 1988
UN Convention against Illicit Trafficking in
Narcotics . Lao PDR has not ratified the 1972
protocol .
Lao PDR along with Cambodia, China, Myanmar,
Thailand and Vietnam signed a UNODC
Memorandum of Understanding covering a
subregional action plan aimed at controlling
precursor chemicals and reducing illicit drug
use in the highlands of Southeast Asia .
Myanmar is also a member of ASEAN and a
signatory to the ACCORD ‘drug-free ASEAN
by 2015’ agenda .
Lao PDR receives considerable assistance from
the United States Government both financially
and through technical assistance . US–Lao
PDR programs are focused on the elimination
of opium cultivation and suppression of
illicit drug and precursor chemical trafficking
(United States Department of State, Bureau
for International Narcotics and Law Enforcement
Affairs, 2004) .
Policy responses
In April 2001, the 7th National Party Congress,
the highest policy-making body in
Lao PDR, set poverty reduction and opium
poppy eradication as national priorities . The
national drug control policy in Lao PDR is
largely shaped by the UN Drug Conventions
and is geared toward the ultimate goal of
‘total elimination of opium poppy cultivation
by the year 2005’ . Lao PDR drug policy is also
in line with meeting its ASEAN commitment
of being drug-free by 2015 .
The broad operational framework of the Lao
PDR drug policy is based on the implementation
of three strategies:
• prevention treatment and rehabilitation
of drug users
• alternative options for illicit crop farmers
• enforcement of adequate laws to fight
against traffickers .
The Lao PDR National Commission for Drug
Control and Supervision (LCDC) was set up in
1990 to coordinate national drug control . The
LCDC is a multi-ministerial committee and is
chaired by the Minister from the President’s
office . In 2001, the Lao PDR President set
up the Central Committee for Drug Control
(CCDC) . The CCDC is headed by the Prime
Minister with the Public Security Minister and
the Chairman of the LCDC as the two deputy
heads . The CCDC is mandated to guide the
LCDC and other local organisations in drug
demand reduction and law enforcement; to
mobilise community participation; and to raise
funds to support drug rehabilitation (United
Nations Office on Drugs and Crime, 2004c) .
Other important drug control institutions
in Lao PDR are Provincial Drug Control
Committees chaired by the Provincial Vice-
Governor which replicate the structure and
mandate of the LCDC at a provincial level .
Counter-narcotic units and the Department of
Customs are also involved in drug control .
The potential risk of HIV among IDUs is
recognised by the Lao PDR Government and
is discussed in the National Committee for the
Control of HIV’s most recent National Action
Plan on HIV/AIDS/STI (2002–2005) . The plan
lists five priority areas of which prevention
of HIV/AIDS and STI among drug users is
fifth . The plan also acknowledges the need
for periodic monitoring of the drug situation,
especially IDU (United Nations Office on
Drugs and Crime, 2004c) . The plan aims to
increase awareness around HIV/AIDS and STI
such that, by 2005, 85 per cent of the population
should have a basic understanding of
HIV/AIDS and STI, which will increase to 100
per cent of the population by 2010 (United
Nations Office on Drugs and Crime, 2004b) .
Despite the National Action Plan on HIV/
AIDS/STI (2002–2005) recognising the
potential HIV risk associated with IDU, the
United Nations Office on Drugs and Crime
(2004c) states that policy coordination
between the National Committee for the
Control of HIV and the LCDC is minimal
and needs to be improved .
No information was provided about how
drug policy was formulated .
Law enforcement responses
Drug law enforcement is coordinated by
the Counter-Narcotics Office . The office
consists of five sections: Investigation,
Suppression, Intelligence, Foreign Affairs
and Administration . The Counter-Narcotics
Office operates through decentralised units
within provincial police units in ten provinces
throughout Lao PDR (United Nations Office
on Drugs and Crime, 2004c) .
The Department of Customs, within the Ministry
of Finance, is responsible for controlling
the flow of goods across Lao PDR borders .
The Department of Customs works closely
with the Counter-Narcotics Office and police
departments to investigate drug smuggling .
The trend in Lao PDR, as in other countries in
the region, is to more severe punishment and
stricter enforcement of drug laws . According
to a review of local media reports, at least
34 people have been sentenced to death for
drug trafficking since 2003 (Centre for Harm
Reduction, 2004) .
Legislation/penalties/prison
Article 135 of the Criminal Code on Drug
Trafficking and Possession was introduced
into the Penal Code in 1990 by the National
Party Congress . Article 135 prohibited the
manufacture and traffic of all narcotics,
except opium . The production and possession
of opium were made illegal when Article 135
was amended in 1996 . The amendment also
increased the penalties for other narcotics to
those shown in Table A6 .4 . Those convicted
of providing services for smoking opium face
imprisonment of 3–10 years . Sentences for
drug trafficking range from life imprisonment
to death (UNODC review paper 2004) .
Table A6 .4 . Penalties for narcotic possession in Lao PDR
Drug Amount Sentence
Heroin Up to 2 grams 1–5 years prison or re-education
without loss of freedom
ATS Up to 3 grams 3 months to 3 years prison or re-education
without loss of freedom
Cannabis Smoking Behavioural correctional sentence
without loss of freedom
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Country profiles: Laos