Harm reduction: decriminalising drug use in Asia Ann Fordham Executive Director 20th July 2016 AIDS 2016, Durban

A global network of 150+ diverse organisations & networks from over 60 countries Promoting objective and open debate in drug policy Building civil society capacity for advocacy

HIV prevalence among people who inject drugs compared to the general population in countries reporting >30 000 people who inject drugs, 2009–2013 Source: Global AIDS Response Progress Reporting 2014

HIV prevalence rates amongst people who inject drugs in Asia Country Numbers of people who inject drugs (estimate) Adult HIV prevalence amongst people who inject drugs (%) Philippines 14,000 44.9 Indonesia 74,326 36.4 Pakistan 104,848 27.2 Cambodia 1,300 24.8 Myanmar 83,000 23.1 Thailand 40,300 19 Malaysia 170,000 16.6 (male) Vietnam 271,506 10.5 (male) India 177,000 7.2 Nepal 52,174   6.3 (male) China 2,170,000 6 Afghanistan 36,000 4.4 (male) Singapore 10,000 – 20,000 1.5 Bangladesh 23,800 1.1 Sri Lanka 423 From Decrim in Asia report, page. 10 – data drawn from UNAIDS AIDS data hub Source: data drawn from UNAIDS AIDS data hub

“Addicted to punishment” Forced urine testing Compulsory registration with security agencies Corporal punishment, eg. caning, flogging or whipping Forced rehabilitation in compulsory detention centres for up to 3 years

International Narcotics Control Board, 2015 [A]ccording to the Conventions, drug related criminal offences, including those involving the possession, purchase or cultivation of illicit drugs when committed by drug users, do not automatically require the imposition of conviction and punishment.

“Declare that people who use drugs should receive support, treatment and protection, rather than be punished.” From the USA’s contribution to UNGASS outcome document

UNGASS Outcome Document “Encourage the development, adoption and implementation, with due regard to national, constitutional, legal and administrative systems, of alternative or additional measures with regard to conviction or punishment in cases of an appropriate nature, in accordance with the three international drug control conventions and taking into account, as appropriate, relevant United Nations standards and rules, such as the United Nations Standard Minimum Rules for Non-Custodial Measures (the Tokyo Rules)”

Decriminalisation of drug use The removal or non-enforcement of [criminal] penalties for drug use, and for the possession of drugs, possession of drug use equipment and cultivation of drugs for the purpose of personal consumption. Decriminalisation may involve the removal of all penalties.

in decriminalisation of drug use Best practice in decriminalisation of drug use The law is changed to remove all penalties for drug use, possession or cultivation of drugs for personal use, or possession of drug use equipment Resources allocated to ensure evidence-based health, harm reduction and support services are available and accessible

Diversion Measures that provide alternatives to criminal sanctions or incarceration for people who are arrested for drug use or drug-related offences, particularly minor, non-violent offences. At police, prosecutor or judicial decision-making stage.

Police Diversion: Yuxi, China Police referral to community-based treatment centre No arrests for minor drug possession or use in immediate vicinity, and police training Goals to improve health, decrease re-incarceration, increase removal from government surveillance system, strengthen social and familial support, and improve reintegration Clients have access to comprehensive psychosocial and healthcare services, including methadone.

Decriminalisation: other issues Appropriate use of threshold quantities Adequate availability of health and harm reduction services Engagement of health, legal aid and community workers

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