Illicit Drug use in the Asia Pacific Region - Burnet Institute

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Situational analysis of illicit drug issues and responses in the Asia–Pacific region 242 The capacity of the media shall be tapped and brought to bear in all three prongs of the strategy . International cooperation will be enhanced and taken advantage of to strengthen an anti-drug campaign . To properly operationalise the preceding strategic three-pronged concepts, the Broad Force Implications shall consist of the following: • Holistic Leadership: Local Development Councils and Anti Drug Abuse Councils shall closely coordinate and integrate their programs, projects, and activities . At a national level, the DDB shall closely coordinate with National Economic Development Authority (NEDA) and its foreign counterparts . • Criminal Justice System: It shall implement the Drug Supply and Demand Reduction Campaign with the support of National Government Agencies (NGAs), Local Government Units (LGUs), Non Government Organisations (NGOs), Government–Owned and Controlled Corporations (GOCCs), and the mobilised sectors of the society . • NGAs, LGUs, GOCCs, NGOs and Mobilised Sectors: Shall undertake the Development/Reform Package of programs which shall be closely orchestrated from national down to local levels . • Citizenry: They shall be the force/ resource multipliers of the Criminal Justice System and the Government Machinery mobilised through People Empowerment and shall participate in and support both Supply and Demand Reduction Campaign, and Development/ Reform Package Programs . The National Anti Drug Program of Action (NADPA) (Dangerous Drugs Board) operationalises the National Anti-Drug Strategy consistent with: • Comprehensive Dangerous Drug Drugs Act 2002 • Anti-Money Laundering Act 2002 • Presidential Decree 1619 • Presidential LOI Nr dated 4 July 2001 • UN Political Declaration, Guiding Principles of Drug Demand Reduction and Measures to Enhance International Cooperation to Counter World Problem of 1998 • ASEAN and China Cooperative Operations in Response to Dangerous Drugs (ACCORD) Plan of Action of 2000 . In order to attain a drug-free Philippines in 2010, the following objectives have been set: • To dismantle all drug syndicates, financiers, producers, traffickers, pushers and their protectors/coddlers • To prevent all non-users from being initiated to drug use through education and information • To intervene and convert all drug experimenters/casual users to non-users • To treat, rehabilitate and empower drug dependents to become drug-resistant and productive members of society • To address the risk factors and deficiencies in the environment that breed/abet the drug problem in society • To strengthen legal research and work for legal reforms, so as to provide more legal weapons that can be wielded in the anti-drug campaign • To empower all drug affected barangays as anti-drug self-policing communities • To tap and mobilise all NGAs, LGUs, GOCCs and NGOs for greater community participation in the anti-campaign nationwide • To motivationally enlighten, organise, mobilise and bring People Power to bear against the drug menance nationwide; and • To enhance international cooperation and tap the International Community in our anti-drug campaign . The Comprehensive Dangerous Drugs Act of 2002 (Republic Act 9165) extends to the barangay (village) level which is mandated to establish a Barangay Anti-Drug Abuse Council (BADAC) whose objective is to gather information and monitor illegal drug activities . According to NGO key informants, this is helpful for policy purposes, however it sometimes breaks down for project implementation because it drives injecting drug user partners underground . NGOs approach this challenge by educating and informing barangay leaders on the positive effects of harm reduction programs . Law enforcement responses The details below are found in the ‘National Anti-Drug Program of Action’ . Legislation/penalties/prison The Comprehensive Dangerous Drugs Act of 2002 established the Philippine Drug Enforcement Agency (PDEA), responsible for implementation and enforcement . The PDEA is the lead agency in the conduct of supply and demand reduction campaigns, except prevention, control and financing . PDEA conducts anti-drug financing operations in coordination with the Anti- Money Laundering Council (AMLAC) . The PDEA also conducts supply reduction by implementing prevention and control measures such as: • Production control: for example, crop eradication operations, investigation and prosecution of owners, planters, guards • Processing control: for example, police search and destroy operations, enforcement of regulations and monitoring of the movement, processing and refining of precursor chemicals and raw materials, investigation and prosecution of those involved in clandestine laboratories • Trafficking control: for example, customs operations to intercept shipments, border and coastal patrol operations, airport security, investigation and prosecution of traffickers 243 Country profiles: Philippines
Situational analysis of illicit drug issues and responses in the Asia–Pacific region 244 • Retailing control: for example, buy– bust operations, raids of drug dens • Conducts intelligence operations to dismantle drug syndicates and neutralise drug personalities (levels I and II) both foreign and local • Participates in the Drug Demand Reduction drive by conducting Primary Prevention Approach for non-users, such as public awareness, public education, attitude and behavioural change reinforcement, social and public action • Participates in the People Empowerment Campaign • Conducts controlled delivery schemes in collaboration with other NGAs and foreign counterparts • Prevents/minimises the recycling of confiscated/seized/recovered drugs, precursors and essential chemicals, and plant sources; and • Other tasks as appropriate . The Department of Justice, through its National Prosecution Service, files and prosecutes drug cases in courts as well as supporting the PDEA in the enforcement of legislation (Republic Act No . 9165) through its National Bureau of Investigation, Bureau of Corrections and Bureau of Immigration . Other important organisations involved in antidrug operations and anti-money laundering include Philippine National Police, National Bureau of Investigation, Bureau of Customs, Armed Forces of the Philippines, Anti-Money Laundering Council, Bureau of Internal Revenue, Philippine Coast Guard, Philippine Postal Office, Bureau of Jail Management and Penology, Bureau of Corrections, Provincial Jails, Bureau of Immigration, Philippine Center for Transnational Crime . Table A10 .5 provides a brief description of some of the dangerous drug unlawful acts and penalties set out in Republic Act No . 9165 (Comprehensive Dangerous Drugs Act of 2002, 2002) . The information presented in the table is not comprehensive and obviously does not represent all possible scenarios . Table A10 .5 . Dangerous drugs — unlawful acts and penalties in Philippines Unlawful act Penalty Sec . 4 Importation of dangerous drugs and/or controlled precursors and essential chemicals Sec . 5 Sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and/or controlled precursors and essential chemicals Life imprisonment to death and a fine ranging from P500,000 to 10 million pesos for import of a dangerous drug; and imprisonment of 12 years and one day to 20 years and a fine (100,000–500,000 pesos) for import of any controlled precursor and essential chemical Life imprisonment to death and a fine ranging from P500,000 to 10 million pesos for dangerous drugs; and imprisonment of 12 years and one day to 20 years and a fine (100,000–500,000 pesos) for controlled precursor and essential chemicals Sec . 8 Manufacture of dangerous drugs and/or controlled precursors and essential chemicals Sec . 11 Possession of dangerous drugs Sec . 13 Possession of dangerous drugs during parties, social gatherings or meetings Sec . 15 Use of dangerous drugs Sec . 16 Cultivation or culture of plants classified as dangerous drugs Source: Republic Act No . 9165 Life imprisonment to death and a fine ranging from P500,000 to 10 million pesos for dangerous drugs; and imprisonment of 12 years and one day to 20 years and a fine (100,000–500,000 pesos) for controlled precursor and essential chemicals Life imprisonment to death and a fine ranging from P500,000 to 10 million pesos for possession in the following quantities: 10g or more of opium 10g or more of morphine 10g or more of heroin 10g or more of cocaine or cocaine hydrochloride 50g or more of methamphetamines hydrochloride 10g or more o marijuana resin or resin oil 500g or more of marijuana 10g or more of other dangerous drugs such as MDMA, GHB If the quantity is less than the above amount the penalties shall be graduated Maximum penalties provided in Sec 11 regardless of quantity and purity Person apprehended or arrested who is found positive for use shall be imposed 6 months rehabilitation in a government center for the first offence; second offence, imprisonment from 6 years and one day to 12 years and a fine in the range of 50,000–200,000 pesos . Life imprisonment to death and a fine ranging from P500,000 to 10 million pesos 245 Country profiles: Philippines
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Illicit Drug use in the Asia Pacific Region - Burnet Institute

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