Malaysian AIDS Council

IHRA Presentation

Shooting Three Birds With One Stone -

Reducing Crime, Drug Use And Harm By

Treating Substance Abuse

LIVERPOOL

APRIL 25 – 29 2010

Mohd Zaman Khan

M a l a y s i a n A I D S C o u n c i l

BACKGROUND

• Zero Tolerance Policy

• Current national laws are

Enforcement-Oriented and not

supporting a Public Health

approach

• Laws generally divided into

Supply Reduction and Demand

Reduction

M a l a y s i a n A I D S C o u n c i l

Relevant Malaysian

Drug Laws

Poisons Act 1952 This Act is aimed at

controlling the import, possession, sale

and use of poisons. The term Poisons

refer to any substance specified in the

Poisons List and includes any mixture,

preparation, solution or natural

substance containing such substance

other than an exempted preparation or

an article or preparation included for

the time being

M a l a y s i a n A I D S C o u n c i l

Relevant Malaysian

Drug Laws

Drug Dependants (Treatment and Rehabilitation) Act 1983 Comprehensive legislation covering all aspects of treatment and rehabilitation. Provides for both compulsory as well as voluntary treatment and rehabilitation of any person who has been certified as dependent by a registered medical practitioner Period of treatment and rehabilitation is 2 years, in rehabilitation centers or in the community

M a l a y s i a n A I D S C o u n c i l

Law Enforcement Agencies to contend

with

• The Royal Malaysia Police (RMP)

• National Anti Drug Agency

(NADA – AADK)

•Royal Customs Department

• RELA - People’s Volunteer Corp

• Expansion in terms of manpower

and recourses – the zero tolerance

M a l a y s i a n A I D S C o u n c i l

GOVERNMENT POLICY vs HARM

REDUCTION

• The declared “DRUG FREE NATION BY

2015” is a challenge to Law Enforcement

Agencies, the police in particular

• Although NSEP and MMT and other HR

program is fully supported and financed by

the Government law enforces pay scant

support – the reasons - the Key Performance

Indicator and the public cry related to rising

crimes (drug related offences) and insecurity

• Mutually established SOP is not folowed –

to be revised

M a l a y s i a n A I D S C o u n c i l

BARRIERS TO EFFECTIVE

HARM REDUCTION

Drug laws : drug users tested

positive for illicit drugs are

presently detained and sent to drug

rehabilitation centres – to undergo

forced rehab.

• Those receiving HIV treatment

who tested positive for drugs are

detained : compromising their HIV

treatment and Methadone regimen.

M a l a y s i a n A I D S C o u n c i l

GETTING

GOVERNMENT/LEGISLATRORS/ENFORCERS/JUDICIARY

AND COMMUNITY TO SUPPORT

Set up of HRWG in 2004 to Briefed

the National Drug Committee

• Briefed the Prime Minister

• Brief the National Committee on

Drugs – Chaired by Dy PM

• HR was given Govt. blessing &

funding

•National HR Task Force set up

M a l a y s i a n A I D S C o u n c i l

• Formation of the multisectoral National Task Force on Harm Reduction comprising the following organizations:

• Malaysian Ministry of Health

• The Royal Malaysian Police

• The Prisons Department

• The Malaysian Islamic Development Department

• Malaysian AIDS Council

• Local universities

• The National Anti Drug Agency

FORMATION OF MULTISECTROL NATIONAL

TASK FORCE

M a l a y s i a n A I D S C o u n c i l

Federal Police HQ

State Police

Coordinating NGO

NGO Partner Organization

Police involvement in local stakeholder committee

• CPO or OCPD or their representatives from

• Narcotics department

• General Duties

Police assistance is vital in

• Identification of outreach locations and

• Advocating for community support

ROLE OF LAW ENFORCEMENT

M a l a y s i a n A I D S C o u n c i l

Advocating with the Law Enforcement

THE POLICE

• Briefing top officers down to the ground level

on HR concepts

• Liaison with the ground commanders

• Stake holders meeting organized by the

State Health Officer

• once in 3 months as stipulated in SOP

• Offer of scholarship for officers to attend

international

• conference such as ICCAP

• Consultation with the Police and local

authorities such as the district officers, the

imams, the village headmen

• The police is on the committee to set up

NSEP or MMT

M a l a y s i a n A I D S C o u n c i l

ROLE OF LAW ENFORCEMENT

• Invited Police & other Enforcement

agencies to sit on the setting up of

• Drop in Centres for NSEP and MMT

• Police assistance on mapping

• Police to rally community support

• Advise local Police day/time/ and area

fo outreach activities

• Raids by Police and other law

enforcement agencies

ROLE OF LAW ENFORCEMENT

M a l a y s i a n A I D S C o u n c i l

In the implementation of Harm reduction activities, law

enforcement agencies provide invaluable assistance and

support by :

• Arranging regular advocacy sessions on Harm

Reduction for all law enforcement officers at federal,

state and district levels.

• Verifying status of outreach staff found to be in a

location and at a time different from that informed to the

enforcement agency.

ROLE OF LAW ENFORCEMENT

M a l a y s i a n A I D S C o u n c i l

.

• Not arresting verified Harm

Reduction clients found to be in

possession of drugs for personal use

or with positive urine test.

• Not using possession of condoms as

an excuse to arrest sex workers

especially those who may be forced to

sell sex services by certain syndicates.

M a l a y s i a n A I D S C o u n c i l

.

THE POLICE AGREED

• To invite MAC to Conference of top

Police Commanders to advocate

• MAC & Pos to advocate at States &

Districts

• Introduction to HIV/AIDS and HR to

College and basic training

institutions

• May consider including subject in

Diploma in Police Science Program

M a l a y s i a n A I D S C o u n c i l

FLOWERING AND BEARING FRUITS

• In spite of zero tolerance stance we have

advanced

• Methadone is prescribed free to those who

voluntered – at government clinics

• Private clinic licensed to prescribe.

Government considering free supplying of

methadone to prescribe to approved patience

• Methadone is prescribed in prisons

• NSEP is being up scaled

• Too early to say reduction in crime

• Those in methadone program do not seem to

get arrested

M a l a y s i a n A I D S C o u n c i l

We have successes

•The Police seems to appreciate and understand what we are

doing

• They are aware that HIV Prevention is a Government health

effort

• Reduced frequency of harassments of outreach workers and

• NSEP & MMT drop- in centers. However, harassment on

gay spots & sex workers still does not show reductions –

public sentiment

• Local authorities still conduct raids & Islamic Religious

authorities

• Our efforts with the Ulamas is very positive. Thrust for this

years IAMD is towards Muslims – the mosques are the central

points. This was not possible before

M a l a y s i a n A I D S C o u n c i l

OF RECENT DEVELOPMENT

• Inclusion of members of Legislature and Enforcement

elements to seminars and conferences on Drug Policy and

Harm Reductions

• There were briefings to members of legislature

• on 12 – 14 April Harm Redution Exhibition in Parliament

• Police inviting MAC to give talks at Training Institutions and as

an In-service Training feature – after dinner talk etc,

• Dissemination of literatures on HR and on recent

development to personalities of influence

• Next step – the JUDICIARY

M a l a y s i a n A I D S C o u n c i l

THANK YOU FOR

LISTENING

Malaysian AIDS Council