NGOs urge Home Ministry to postpone, review drug abuse law amendments

Putrajaya’s proposal to amend the country’s law on drug addicts has received pushback from NGOs and experts on addiction.

They believe the government should postpone the Drug Dependants (Treatment and Rehabilitation) (Amendment) Bill 2024 tabled by Home Minister Saifuddin Nasution Ismail at the Dewan Rakyat yesterday and urged that several changes be introduced to the current proposal.

The Malaysian Aids Foundation (MAF), in a statement supported by a group of medical and other relevant experts, expressed its concern that the new law is going to maintain its punitive orientation despite moving towards decriminalisation of drug abuse.

Another area of concern is the part where Putrajaya is seeking to consolidate the powers to assess and treat drug addicts under the National Anti-Drugs Agency (Nada) and diminish the agency’s collaboration with the Health Ministry.

“Despite purported intentions of decriminalisation, the proposed amendments maintain punitive measures against individuals using drugs and their families.

“They (experts) express particular apprehension over the consolidation of responsibilities and powers within a single agency and diminished collaboration with the Health Ministry.

“The expert group emphasises the inadequacy of assigning responsibility for addiction assessments and treatment referrals to rehabilitation officers as seen in the proposed substitution to Section 8, where the rehabilitation officer may certify an individual as a drug or substance dependence or drug or substance misuse.

“Given the multifaceted nature of drug use and addiction encompassing health and social dimensions, it is critically important that health officers and social workers are included in these critical processes,” it said.

Adding further, the foundation said official diagnosis by a medical professional is also important in cases where individuals voluntarily apply for treatment, particularly in determining their drug use disorder.

This is so that the patient can receive the most appropriate treatment, it added.

Heavy punishments ill-advised

On the bill’s punitive approach towards relapse incidents, MAF said the experts cautioned against prolonged sentences, hefty fines, imprisonment or caning for individuals struggling with addiction.

“There are also serious concerns regarding the proposed penalties for parents of young drug users as seen in the proposed amendments to Section 9, potentially deterring families from seeking necessary support.

“Such a punitive approach risks alienating families in rural areas and perpetuating stigma.

“The experts assert that the current amendments do not align with genuine decriminalisation objectives and may exacerbate existing challenges,” MAF said.

The foundation also called on the government to engage in broader consultations with stakeholders before proceeding with any amendments.

Key obstacle remains

Hayat, a human rights organisation that advocates the right to life, also condemned the bill for maintaining punitive aspects against drug abusers.

In a statement, it said the proposal does not bring Malaysia closer to alleviating the problem of drug abuse.

“It neither reflects the government’s aspirations for treatment and harm reduction nor brings Malaysia closer to decriminalisation.

“The key stumbling block, Section 15 of the Dangerous Drugs Act 1952, is still in force and will continue to exist despite this amendment.

“Without a moratorium or abolition of Section 15, the imprisonment of drug or substance users will continue,” the group said.

Hayat said it is crucial that the bill be postponed and brought back to the drawing table as it would determine the liberty of individuals who are arrested for minor drug offences.

“We call for the home minister to provide additional time for the proposed amendment to be scrutinised and recommendations considered before the bill is put to a vote.”

Yesterday, Saifuddin tabled the bill for first reading in the Dewan Rakyat.

According to a Bernama report, the bill aims to expand the scope of treatment and rehabilitation for drug or substance addicts.

The government is also seeking to amend Section 3 of the law to provide that an officer may detain in custody any person he reasonably suspects of being a drug or substance abuser, among others.

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