Malaysia’s Drug Treatment Bill: Will It Really Fix the Crisis?
The Drug Dependents (Treatment and Rehabilitation)(Amendment) Bill 2024 is expected to be debated and passed in Parliament this week. The bill is part of the Madani government’s promise for institutional reform, specifically in the area of drug and substance use.
Existing legislation including the original Drug Dependent (Treatment and Rehabilitation) Act 1983, the Dangerous Drugs Act 1952 and the Poisons Act 1952 has seen an ever-growing number of incarcerated persons. It was last reported in 2021 that 63% of those incarcerated are minor drug offenders; today, more than 74,000 individuals are in prison with more than 129,000 individuals arrested for drug offences in 2021 alone.
This bill, however, does not bring Malaysia closer to alleviating this issue. It does not reflect the government’s aspirations for treatment and harm reduction; neither does it bring 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.
On a positive note, there is a willingness to recognise the spectrum of drug use. The bill culminates a new distinction between ‘drug and substance dependents’ and ‘drug and substance misusers’. While significant amendments need to be in place to ensure clarity in implementation, this distinction primarily provides opportunities for persons to receive treatment within communities and not within treatment centres or prisons. This would provide a better platform for users to receive treatment and support without significant disruption to their lives.
Treating patients comes with the necessary obligation to be held accountable to the highest standards of care. However, existing and proposed amendments to licensing regulations and associated control mechanisms are still inadequate to address abuses and human rights violations occurring within treatment facilities. Past incidents of abuse have yet to be resolved and it is unclear how the present amendments would give stronger responsibilities and mandate to the National Anti-Drug Agency (AADK) to address abusive treatment centres holistically and provide redress for abused patients.
This bill poses to affect more than 40,000 people incarcerated for minor drug offences, and impacts more than 120,000 persons arrested for drug offences on an annual basis. Such an important bill that determines the liberty of persons affected ought to be given greater scrutiny and more time for public consultation and expert feedback.
We call for the Minister of Home Affairs to provide additional time for the proposed amendment to be scrutinized and recommendations considered before the bill is put to a vote.
HAYAT
Statement in PDF
Want to know our concerns? Check out our briefing notes on Drug Dependent (Treatment and Rehabilitation) Amendment 2024 - DR 17!
