Chapter 3 - Report of the Research and Policy Development Group i. Granted that the language of the Bill echoes that of Article 8 of the Federal Constitution, nonetheless, and contrary to Article 8, the non-discrimination provision of the Bill would appear to extend to persons who are not citizens of this country by virtue of the phrase “place of birth”; and ii. To consider “age” as a ground of non-discrimination to protect older persons. (c) Dangerous Drugs Act In March, the Commission was invited to attend a consultation meeting organised by the Ministry of Home Affairs aimed at discussing and sharing recommendations in order to enhance and improve the effectiveness of the Dangerous Drugs (Special Preventive Measures) Act 1985 (Act 316). The meeting was held in Shah Alam, Selangor with the following objectives: i. To provide information regarding Act 316 to the participants at large; ii. To provide a platform for the participants to share suggestions or opinions as well as to enable full participation from the participants with a view to improving the effectiveness of Act 316; and iii. To ensure that Act 316 would be enforced more competently in future, if the Government decided to extend the enforcement of this act. The consultation meeting was attended by various stakeholders particularly NGOs and other related organisations, academics, law practitioners, politicians as well as religious bodies. The groups were divided into different sessions. Among other issues discussed in the consultation meeting were the difficulties faced by the authorities in curbing the drug problem among Malaysians, the factors which contribute to the increase in the number of drug cases in Malaysia, the need for skilled and trained officers to be placed at Malaysia’s borders, the need for more sophisticated equipment, the basic rights of the detainees including the right to judicial review and the best practices of Singapore pertaining to this issue. In October, the Commission received a courtesy visit from Suara Rakyat Malaysia (SUARAM) to specifically discuss the sunset clause3 provided under Act 316. The Commission welcomed the efforts of SUARAM in recommending a repeal of Act 316. Throughout the discussion, the Commission acknowledged the concerns of SUARAM that: i. ii. iii. 3 4 5 Act 316 violates the fundamental liberties4 of persons as enshrined in the Federal Constitution and the Universal Declaration of Human Rights;5 Act 316 does not have the effect of reducing the number of dangerous drug offences in Malaysia; There is no transparency in the investigations conducted by the authorities; Section 1(3) of the Act 316 indicates as follows: “This Act shall continue in force for a period of five years from the date appointed by the Minister under subsection (2).” Articles 5, 9, 10 and 13 of the Federal Constitution of Malaysia. Articles 3, 7, 9, 10, 11(1), 11(2). 13(1) and 13(2) of the Universal Declaration of Human Rights. 77