rp21 situational analysis - Pacific Health Voices

Situational analysis of drug and alcohol issues and responses in the Pacific
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Substances (Vienna Convention) in 2005,
but is not a party to the UN Convention
against Transnational Organized Crime (Palermo
Convention). 673
The Young Offenders Act 2007 and the Customs
Amendment Act 2007 were drafted by
the Attorney-General’s Department, 674 though
it is not clear if these new provisions will
impact directly on import of alcohol and
drugs (the Customs amendment) and drugrelated
offences by youth.
The Narcotics Act makes provision (at s.8)
for the supply of opium to registered addicts
unlikely to be safely treated. The Act makes
reference to, but does not define, ‘quasimedical’
use — it is not clear how narrowly
this provision is interpreted, and whether the
Director of Health is likely to exercise the
discretionary powers as described in the Act.
Notably, none of the case law examined thus
far reports a trial on this issue.
Finally, recent media reports indicate a toughening
of approach to illicit drug offences.
Reports propose a maximum life sentence
for convicted offenders against so-called
‘hard’ 675 drugs, such as cocaine and methamphetamines.
In addition, an amendment
is proposed to the seven-year maximum gaol
term (for offenders aged over 21) for supply
and possession of other drugs. A recent
report also indicates there will be new
provisions dealing with precursor chemicals
for the manufacture of amphetamine-type
substances. 676
The relevant legislation for alcohol is the
Liquor Act 1971. Reported judgments on
alcohol- related offences are predominantly
in the area of drink-driving.
Law enforcement
It may be of interest in the future to compare
approaches in Samoa and American
Samoa regarding policies, interventions and
use patterns. In 2007 extensive talks were
held to develop a joint law enforcement program
to prevent drug trafficking between the
two countries, 677 but no documents relating
to any agreed joint policies have been
identified.
In 2007, a proposal for mandatory testing of
elected officials, independent contractors to
government and government employees was
put to the Parliament, but it was eventually
rejected in the Senate. However, both Samoa
673 Samoa: Anti-Money Laundering and Combating the Financing of Terrorism: 2nd Mutual
Evaluation Report. Asia/Pacific Group on Money Laundering/Offshore Group of Banking
Supervisors, as adopted by APG members, 4 July 2006.
674 Above, fn.670.
675 It is not clear if the category for hard drugs will be limited only to cocaine and
methamphetamines (and amphetamine-type substances).
676 P. Sioa (2008), Tougher drug laws in the works for Samoa. Samoalive Newsline, 9 October
2008 (accessed October 2008); South Pacific Precursor Control Forum Legal Workshop,
Apia, Samoa, 30 September 2008: .
677 Police in two Samoas plan beefed up campaign against drug smugglers, Radio New
Zealand International, 21 February 2007. Available at: .