15.05.

2018

PRIVATE NOTICE QUESTION

To ask the Honourable Prime Minister, Minister of Home Affairs, External
Communication and National Development Unit, Minister of Finance and
Economic Development –
Whether, in regard to the proposed elaboration of a National Drug
Control Master Plan, he will -
(a) state, if in cases of possession of cannabis for personal use, it is
proposed to:
(i) abolish custodial sentences;
(ii) provide for non-inclusion thereof on the Certificate of
Character; and
(iii) authorise medical cannabis (cannabidiol), in line with the
recommendations of the World Health Organisation; and
(b) for the benefit of the House, obtain, for the period January 2014
to 31 December 2017, information as to the number of-
(i) persons arrested, provisionally charged and convicted for
possession of cannabis for personal use; and
(ii) cases in which the Courts have applied the provisions of
section 34(2) of the Dangerous Drugs Act?

REPLY
Madam Speaker,

It is pertinent at the very outset to inform the House that Cabinet had,
on 25 September 2015, agreed to the setting up of a Committee to look into
the problem of drugs among the youth and the mounting of an aggressive
sensitization campaign against drug abuse. The Committee recommended
that it would be advisable to have a holistic and integrated approach to
effectively address the drug problem and that this could best be achieved by
the formulation of a National Drug Control Master Plan for Mauritius.

In this context, the United Nations Office on Drugs and Crime was
approached with a view to securing technical expertise for the elaboration
of the Master Plan, and the latter made available the services of an
independent consultant to formulate the Master Plan.

Following consultations with all relevant stakeholders, the final draft

of the Master Plan has been submitted for period 2018-2022.

The Master Plan identifies, inter-alia the following:

- the need for a national body at the apex of Government with the
authority to act as the national convener across all sectors
involved;

- the need for plugging of gaps in legislative framework;

- the need for an intelligence sharing platform among the law

enforcement agencies;

- the need to strengthen structural and organisational operations of

ADSU and Customs;

- the need to accelerate actions against the emerging threat of New

Psychoactive Substances (Synthetic Drugs); and

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 - the need to further focus on the rehabilitation and social
reintegration of people who use drugs or those on treatment.

Madam Speaker,

The Master Plan rests on 4 strategic pillars, namely:

(1) Pillar 1- Concerning Drug Supply Reduction which aims at effectively

combatting the entry, production and cultivation of illicit drugs in all
its forms within the Republic of Mauritius as well as harmonizing
relevant legislations and improving regulatory framework to enhance
intelligence gathering and sharing of information among national,
regional and international agencies;

(2) Pillar 2 - Concerning Drug Reduction, namely drug use prevention,

drug use disorders treatment, rehabilitation and social reintegration
which aims at raising awareness on the harmful health and social
consequences of drug use through, inter alia, a Standardized
National Drug Use Prevention Programme, targeted towards the
individual, the family, the community and the society at large and
making them more resilient to drugs;

(3) Pillar 3 – Harm Reduction with a view to enhancing the quality and
accessibility of the Methadone Maintenance Therapy (MMT) and the
Needle Exchange Programme, amongst others; and

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 (4) Pillar 4 – Coordination Mechanism, Legislation Implementation
Framework, Monitoring and Evaluation and Strategic Information
which provides for the establishment of a National Drug Secretariat
(NDS) under the aegis of my Office as an apex body to plan,
oversee, coordinate, monitor and evaluate all drug control related
policies, programmes and interventions to achieve greater
coherence, results and impact. The NDS will report to an Inter-
Ministerial Committee chaired by me.

Madam Speaker,

In regard to part (a)(i) of the Question, section 34(1)(b) of the

Dangerous Drugs Act provides that any person who unlawfully possesses
any dangerous drugs shall commit an offence and shall, on conviction, and
subject to subsections (2) and (5), be liable to a fine not exceeding 50,000
rupees and to imprisonment for a term not exceeding 2 years.

Section 34(2) provides that before passing imprisonment, the Court

may, in lieu of imprisonment, place a convicted person on a rehabilitation
order provided the person undertakes to cooperate. The period of
rehabilitation should not exceed 3 years.

I wish to draw the attention of the House that the Dangerous Drugs Act
does not provide for an offence of possession of dangerous drugs for
personal use. It simply provides for unlawful possession of dangerous
drugs.

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 It is not envisaged to abolish custodial sentences for possession of any
dangerous drugs. At any rate, it is at the discretion of the Court to decide
upon the sentence to be imposed, that is whether to impose a fine or
imprisonment, or both. In imposing a sentence, the Court takes into
consideration a number of factors, amongst others, namely the plea,
circumstances of the case, gravity of the offence and the criminal record of
the offender, if any.

Madam Speaker,

As regards part (a)(ii) of the Question, Section 5(2)(c) of the Certificate

of Character Act provides as follows:-

(2) Where the applicant has in Mauritius –

(c) more than 5 years before making the application, been convicted
of a crime or misdemeanour, other than an offence specified in the
Second Schedule, and been –

(i) given only a fine of up to 5,000 rupees; or

(ii) made the subject of a probation order only, and has complied with
the terms and conditions of the order;

the Director of Public Prosecutions shall issue a certificate in the form

set out in Part A or B of the Third Schedule, specifying that the person
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in whose name the application has been made has never been
convicted of a crime or misdemeanour in Mauritius.

Since the Second Schedule includes “any offence under the

Dangerous Drugs Act “, section 5(2)(c) is not applicable to drug offences
under the Dangerous Drugs Act.

Madam Speaker,

As far as part (a)(iii) of the Question is concerned, I am informed that

as of now the World Health Organisation has not recommended cannabidiol
for medical use.

According to studies carried out on animals and human beings,

cannabidiol could have some therapeutic value for seizures caused by
epilepsy and related conditions. The WHO Expert Committee will undertake
a comprehensive review of cannabis and cannabis related substances in
June 2018.

In the circumstances, it is premature, at this stage, to consider the

authorization of the use of products containing cannabidiol as medical
products.

Madam Speaker,

As regards part (b)(i) of the Question, I am informed by the

Commissioner of Police that for period 01 January 2014 to 31 December
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2017, some 2276 cases have been reported to Police whereby 2336 persons
were arrested and provisionally charged for possession of cannabis under
section 34 of the Dangerous Drugs Act. Of these persons arrested, so far
1513 persons have been convicted after being formally charged.

Concerning part (b)(ii) of the Question, the Court has applied the
provisions of section 34 (2) of the Dangerous Drugs Act, in only one case
where the accused has been sentenced to undergo two years’ probation
order and to pay 100 rupees as costs and also to undergo 27 hours pro skill
training programme at the “Centre d’Accueil de Terre Rouge” as from 17
April 2017.

Madam Speaker,

I stand unflinchingly by my solemn commitment to clean our country

and spare our people from the scourge of drugs and drug trafficking. This
Government has been and shall continue to be ruthless against the drug
barons and drug traffickers. The war waged by this Government against
them is being won. The increasing number of drug seizures and the arrest
of drug traffickers over the last 3 years is testimony of the determination of
this Government to put an end to the illegal and harmful activities of such
criminals.

Madam Speaker,

I wish to point out that Government is also eagerly awaiting the report
of the Commission of Inquiry on Drugs whose recommendations will no
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doubt be of invaluable assistance and guidance, along with the National Drug
Control Master Plan, in consolidating our fight against the drug scourge in
Mauritius.

P.K.J