Is Malaysia ready to treat drug addiction effectively?

Much has been reported about Malaysian Prime Minister Datuk Seri Anwar Ibrahim’s speech at the recent United Nations (UN) General Assembly in New York, but less is known about the acknowledgement Malaysia received at the UN Human Rights Council session in Geneva. In the recent session, Malaysia was acknowledged for two aspects: One, progress with the abolition of the mandatory death penalty; and two, de facto Law Minister Azalina Othman’s comment on shifting towards harm reductionist policies. To me, these aspects represent exemplary progress made by the Law Ministry; while imperfect, they are significant reforms considering the present political climate.

We wanted to take a closer look at Azalina’s announcement on harm reductionist measures — something that is considerably much more challenging to achieve in our criminal justice system compared to abolishing the mandatory death penalty. Persons incarcerated for drug use remain the largest population segment, affecting more than 30,000 people — and we have yet to even gain insight into the number of people caught up in drug cases both at the investigation and pre-trial stages. Any step towards change will need to be systematically thought out and planned to ensure a smooth transition with no one falling through any cracks.

Ultimately, as we talk about harm reduction for drug users, will we also be including those who could incidentally fall into the tracker category and face the noose? — Unsplash pic

From an implementation standpoint, we will need to make a fundamental shift as to how things are done for the past 50 years on multiple fronts under multiple ministries and agencies. The shift would likely be less expensive than what we do have now, but deconstructing the established structure of profit and power within civil servants, especially those with enforcement power, will be a significant challenge.

On the policymaking front, we will need to rethink the varying enforcement powers imposed upon drug users charged and convicted under Sections 15 and 39(C) of the Dangerous Drugs Act — provisions which run afoul of the proclaimed harm-reductionist shift. Plans to expand harm reduction services for the needy cannot be materialised without conversations to remove detention-based sentences.

On the front of public perception and support, we will need to undo 50 years of propaganda around ‘successful’ punitive drug policies that have done nothing but marginalise a swath of Malaysians and overstretch our criminal justice system. We only need to look to our neighbours in the south to appreciate the damage this propaganda has done and continues to do to the poor and marginalised.

Reflecting on how Pakatan Harapan dealt with systemic reforms between 2018 and 2020 and how the government as a whole seems to move at a snail’s pace, though there are certainly a few outliers in government clearing policy backlogs. The pathway towards reform is likely fraught with negotiated compromises that may blunt the impetus like the 2018 introduction of discretionary sentencing for drug tracking under Section 39B of the Dangerous Drugs Act.

Will the knowledge and information of failed drug policies collected in Malaysia and around the world be heeded by the government collectively, or would it only be appreciated by the law ministry that is spearheading it?

Would the Royal Malaysian Police be willing to let go of the power and influence they held for all these years of the “war on drugs”? Are there adequate impetus and funding to support a rehabilitation ecosystem led by healthcare experts? Will there be adequate transparency and access to data for academics, civil societies and other experts to review and support the reform in these areas?

Ultimately, as we talk about harm reduction for drug users, will we also be including those who could incidentally fall into the tracker category and face the noose? Will we be reviewing our reliance on punitive punishments holistically or only when it suits our narratives? Because if it is purely out of convenience, we may just end with a peculiar future where a drug user may either be offered all the help and support they need, or a shortcut to the afterlife.

Then again, if Malaysia turns out to be a place where a person can be arrested and punished for brandishing a rainbow-coloured Swatch, holding a cigarette, or commenting about government institutions, maybe such extreme treatment for mere grams of weight would fit like a glove.