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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Several analysts have emphasised the central
importance of the narcotics trade in
Myanmar (International Crisis Group, 2004;
Transnational Institute, 2003) . It is estimated
that revenue from illicit drug exports exceeds
revenue from legal exports and forms an
important source of income in Myanmar .
Law enforcement responses
CCDAC was established in 1975 in response to
illicit drug problems in Myanmar . CCDAC is
a multi-sectoral committee chaired by the
Minister of Home Affairs, with the head of
the Myanmar Police Force serving as secretary
to the Committee . Under the control of
CCDAC, Working Committees for Crop
Substitution, Livestock Breeding, Treatment,
Rehabilitation, Educating the Children and
Youth, Law Enforcement, Public Relations,
and Precursor Control have been formed .
CCDAC has regional committees for drug
abuse control at a state/divisional, district,
township, ward and village level .
CCDAC oversees 21 Special Anti-Narcotic
Squads deployed throughout the country
and relies in part on military, police and
customs personnel to execute law enforcement
duties . Law enforcement resources are
primarily focused on drug seizures, arrests
and crop eradication .
With the recent introduction of harm reduction
in Myanmar, CCDAC has advocated
that law enforcement agencies relax certain
laws that contradict some harm reduction
services in certain pilot zones . CCDAC is
also playing a lead role in training new law
enforcement recruits in harm reduction and,
together with the Burnet Institute and the
Asian Regional HIV Project, is developing a
specific law enforcement and harm reduction
curriculum .
Legislation/penalties/prison
Myanmar has a number of laws pertaining
to drug issues . The Myanmar Narcotic Drugs
and Psychotropic Substances Law of 1993
(Law no . 1/93) remains the most important
law with regard to drug use in Myanmar .
The 1993 law repeals the 1974 Narcotics
and Dangerous Drugs Law and aims:
• to prevent the danger of narcotic drugs and
psychotropic substances, which can cause
degeneration of mankind, as a national
responsibility;
• to implement the provisions of the United
Nations Convention Against Illicit Trafficking
in Narcotic Drugs and Psychotropic
Substances;
• to carry out more effectively measures for
imparting knowledge and education on
the danger of narcotic drugs and psychotropic
substances and for medical treatment
and rehabilitation of drug users;
• to impose more effective penalties on
offenders in respect of offences relating
to narcotic drugs and psychotropic
substances;
• to cooperate with the states parties to the
United Nations Convention, international
and regional organisations in respect of
the prevention of the danger of narcotic
drugs and psychotropic substances .
Law 1/93 enforces the registration and provision
of medical treatment for all drug users .
Once registered, drug users are subject to
a minimum six-week compulsory detoxification
. Drug users who fail to register face
a prison sentence of a minimum of three
years (up to five years) .
Under the 1993 law the possession of any
narcotic drug is illegal and punishable by
imprisonment . Sentences range from 5 to 10
years for growing an illegal narcotic plant
or for unlawful possession of a narcotic
substance and between 10 years and life for
possession of a drug to be sold . People found
guilty of producing, exporting or importing a
narcotic drug face a minimum 15-year prison
sentence to a maximum sentence of death .
Law 1/93 also allows for the search and
seizure of money, property and goods derived
from involvement with illicit drugs .
Other laws important with regard to drug
issues in Myanmar are the Control of Money
Laundering Law (Law No . 6/2002), and
the 1917 Excise Act which prohibits the
possession, sale or distribution of hypodermic
needles without a licence . Notifications 1, 2,
3/2002 and 1/2004 together update Law
1/93 and control precursor chemicals as
well as additional psychotropic substances .
Myanmar now controls 114 substances under
Law 1/93 .
Myanmar has 41 prisons (three of which are
specific drug prisons, called Youth Rehabilitation
Centres) and 55 work camps for
convicted prisoners . As of 12 August 2002
there were 29,390 people imprisoned in
Myanmar (Bezziccheri & Bazant, 2004) .
At 1 August 2002 there were 1926 people
imprisoned for drug abuse and 5844 for
possession or trafficking of drugs . In the
work camps in the same period there were
2211 people convicted for drug use and 438
convicted for possession of drugs (Bezziccheri
& Bazant, 2004) .
People arrested on suspicion of drug use
are taken to a drug treatment centre for
assessment . Assessment involves a drug
history, a urine test, a physical examination
and administration of Narcan to observe for
withdrawal symptoms (Birgin, 2004) . Results
from the urine tests are used as the ultimate
proof of drug use . The person accused of
drug use is confined to the police station
throughout this process, which may take up
to three months in some cases . Drug users
are then sentenced by a judge . Eligible drug
users serve the final year of their sentence
in one of the Youth Rehabilitation Centres .
To be eligible for the Youth Rehabilitation
Centres the prisoner must be towards the
end of their sentence, free of HIV, between
20 and 40 years old, of Myanmar origin and
‘willing to work for the sake of the country’
(Birgin, 2004) .
Prison medical staff are employed by Department
of Health but are on loan to the Home
Ministry which is responsible for the management
of the prison system . CCDAC has a
strong influence in the operation of the prison
system and is advocating for HIV prevention
and education initiatives to be implemented
in prisons .
Health and treatment responses
As stated above, drug users are obliged by law
to register for treatment or else be penalised
for up to five years in prison . Drug users are
obliged to appear with their parents when
registering for treatment and are issued with
an identity card they must carry with them to
confirm they are registered (Gstrein, 2004) .
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Country profiles: Myanmar