rp21 situational analysis - Pacific Health Voices

Situational analysis of drug and alcohol issues and responses in the Pacific
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of imprisonment not exceeding 20 years or
to both fine and imprisonment.’ The court
noted a lack of provision in the Dangerous
Drugs Act to distinguish sentences in relation
to the quantity of the drugs, whether
1 gram or 1 kilogram. The court opted for
a case-by-case assessment in determining
sentences. 994
Legislation such as the Nurses Act includes
provisions regarding being under the influence
of alcohol and drugs. Other relevant
legislation includes the Customs Act, Road
Traffic Regulation, the Liquor Licensing Act,
the Alcohol Importation Act, the Beer Amendment
Act and the Convention against Illicit
Traffic in Narcotic Drugs and Psychotropic
Substances Act 2001.
Vanuatu also has a Kava Act 2002, which
manages the kava export industry and provides
a vested interest in regulating and
ensuring the quality of the country’s kava
crops. In March 2008 tobacco legislation (Tobacco
Control Act 2008) was passed, with the
processes for enforcement being put in place
by the Ministry of Health, the Police Department
and other interested stakeholders.
Law enforcement
Law enforcement is provided by the Vanuatu
Police Department, the courts, Corrections
Department and the Vanuatu Women’s
Centre. 995 The same departments are also
responsible for providing drug and alcohol
support programs and services. At the 2009
PDARN the Australian Federal Police delegate
provided examples of information, education
and communication materials detailing
cannabis-related harms — materials developed
in conjunction with the Vanuatu Ministry of
Justice to be used locally. Materials also identified
potential negative health consequences
of regular excessive kava use, including skin
conditions. These were available in both
Bislama and English. 996
Health
In 2003 a report funded under the Pacific
Action for Health Project of the Secretariat
of the Pacific Community, and developed by
New Zealand’s Centre for Social and Health
Outcomes Research and Evaluation (SHORE),
provided clear recommendations for enhancing
existing legislation and regulation of
alcohol in Vanuatu. 997 The Ministry of Health
recently sought technical assistance for the
development of a new national policy, in
consultation with NGOs and other stakeholders.
This initiative includes the development
of a National Mental Health Policy and Plan
(2009–2015), a Draft National Drugs Policy
and a National Non-Communicable Diseases
Strategic Plan (2010–2014) addressing alcohol
and other drug issues. 998
994 Criminal Case No.53 of 2006 & Criminal Cases Nos.83–102 of 2006. Sentencing reforms are
included in the amendments of the new Penal Code Act — it is not clear if these have come into
force as at 2009.
995 PDARN meeting, Vanuatu, 7-10 July 2009.
996 Did not enquire as to availability in French.
997 UNDP above, fn.943.
998 PDARN meeting, Vanuatu, 7-10 July 2009.