DRUGS – COMMISSION OF INQUIRY – SETTING UP
Le Parlement May 22nd, 2012Sitting of tuesday 22 May 2012
(B/110)
The Honourable First Member for Curepipe and Midlands(Mr Guimbeau) To ask Dr the Honourable Prime Minister, Minister of Defence, Home Affairs and External Communications, Minister for Rodrigues:- Whether, in regard to drug trafficking in Mauritius, he will state if he proposes to set up a Commission of Inquiry with comprehensive terms of reference and powers and presided by a Judge and, if so, when?
The Prime Minister: Mr Speaker, Sir, with your permission, I am replying to Parliamentary Questions B/105 and B/110 together as they relate to the same issue.
My Government, Mr Speaker, Sir, is firmly committed to tackling the drug problem in our country. I have, on numerous occasions, stated in this very House that the fight against the drug scourge remains one of the priority issues of Government. Mauritius is, of course, notunique in having to confront this problem.
Drug abuse concerns the whole society and it has a profound and negative effect on communities, families and individuals. We all recognise the complexity of the drug problem and that is why I have always said that each one of us has a role to play in the fight against the drug scourge and contribute to build a better society for all.
In the Government Programme 2012–2015, we announced that Government will provide the Police with high tech equipment to combat drugs, smuggling and other illegal activities at sea. Also, stakeholders will be invited to assist Government in formulating a new approach to tackle drug-related crime. While traffickers will continue to be dealt with severely through the criminal justice system, more effective ways of reducing criminality of appropriate drug-abusing offenders by addressing their drug dependency.
Our approach to the drug problem is multi-faceted, involving collaboration with law enforcement agencies, the community, the health services, the Non-Governmental Organisations and other regional and international partners. The strategy, Mr Speaker, Sir, focuses on reduction, demand reduction and harm reduction, prevention and education, and, very importantly, on rehabilitation and treatment.
We are determined to reduce the drug supply further through a coordinated response across the law enforcement agencies and in collaboration with regional States and international organisations. There is already a “Plateforme Sécurité” at the Indian Ocean Commission whereby Police exchanges intelligence with their counterparts. We are providing the law enforcement agencies with the necessary tools and resources to crack down on drug traffickers.
Mr Speaker, Sir, new methods and technologies are increasingly being used to improve the operational capabilities of law enforcement agencies in combating drug trafficking. In this regard, a series of measures have been taken.
(i) CCTV cameras have been installed in all operational areas in the Port, the Airport and the Parcel Post Office;
(ii) scanners are being used for drug detection in passengers’ luggage, courier and cargo. These equipment have been installed at various strategic points namely, the Mauritius Container Terminal and the Aurelie Perrine Passenger Terminal at the Port Louis Harbour and Government has recently made the acquisition of a container-scanner for the seaport;
(iii) the Coastal Surveillance Radar System which comprises eight radars is operational as from April of last year, it enables the National Coast Guard to monitor the movements of vessels, pleasure crafts, yachts, private boats and pirogues passing close to mainland Mauritius, Rodrigues, Agalega and St Brandon against any illegal activities in the Mauritian waters. An Automatic Identification System is also operational round the clock;
(iv) the Dog Unit which initially comprised three sniffer dogs, has been reinforced with the recent purchase of three additional sniffer dogs which are deployed at the Port, Airport and Parcel Post and Courier Services;
(v) a dedicated Risk Management System at the Customs is operational since January 2010 for the collection, analysis and dissemination of intelligence, including drugs related matters. Alert messages on significant drugs seizures are communicated to the relevant agencies through the MRA Customs Intranet, and
(vi) since August 2010, a national Customs Enforcement Network has been set up to facilitate the exchange and use of data by members of the World Customs Organisation in a timely, reliable and secure manner.
Government, Mr Speaker, Sir, has recently allocated an amount of Rs100 m. for the procurement of additional modern tools and equipment to reinforce the capacity of law enforcement agencies in the fight against drug trafficking. The purchase of patrol boats, scanners and drug identification tools are in progress.
As the trade of illicit drugs is a global business, networks have been established for sharing of drug-related intelligence at regional and international levels.
The measures taken by the law enforcement agencies coupled with intelligence-led approach are yielding positive results. The number of persons arrested in connection with drug related offences has increased from 1,504 in 2000 to 1,899 in 2010, 1,910 in 2011. For this year, up to 13 May, the figure is 632.
Also, large quantities of illicit drugs have been seized. For instance, last year, about 3.6 kgs of heroin, 102.6 kgs of cannabis and 28,093 tablets of subutex were seized for a total value of Rs143 m. This year itself, 9,403 subutex tablets, 8.2 kgs of cannabis and 3.7 kgs of heroin with a total street value of Rs73,208,500 were seized.
In the fight against drug trafficking, Mr Speaker, Sir, it is universally recognised that one of the most effective tools is the seizure of the assets of those involved in drug trafficking. In April last year, the Asset Recovery Act was passed by this august Assembly. The Act was proclaimed on 01 February this year. This piece of legislation prescribes the procedure to enable the State to recover assets, which are proceeds or instrumentalities of crime or terrorist property, where a person has been convicted of an offence or where there has been no prosecution, but it can be proved on a balance of probabilities that the property represents proceeds or instrumentalities of an unlawful activity. The Act creates a comprehensive asset recovery framework which applies not only to drug offences, but also to all offences against the laws of Mauritius, which are punishable by a maximum term of imprisonment of not less than 12 months.
The Enforcement Authority established under the Asset Recovery Act under the aegis of the Office of the Director of Public Prosecutions, is operational as from February of this year.
As at to date, 13 cases have been referred to the Enforcement Authority for investigation.
Now, the Asset Recovery Act, as I mentioned, will be further strengthened. In fact, in the Government Programme 2012 – 2015, we have announced that the Act will be amended to cover all accumulated assets of persons convicted of specified offences with retroactive effect.
The Enforcement Authority would be vested with powers to probe into illegal assets, that is, proceeds of drugs, which had accrued to the guilty party as a benefit not only at the time the offence is detected, but also accumulated at a time prior to the detection of the illegal activity.
Mr Speaker, Sir, Government is determined to create a drug-free environment in the prisons. We have put in place a comprehensive range of security measures to prevent access to drugs in the prisons.
The CCTV Camera Surveillance System is in place and BOSS chairs are being used to detect prohibited items. We are also exploring the potential of new technologies to disrupt drugs from entering the prisons.
Emphasis is also being laid on the rehabilitation and treatment of substance abusers in the prisons.
Mr Speaker, Sir, Government is fully conscious of the fact that in addition to repressive measures, there is need to reduce the harm caused by drugs to the society. We are creating an environment where the vast majority of people who have never taken drugs continue to resist any pressures to do so and those who are taking drugs to stop.
We are conscious of the fact that schools have to play a vital role in drug prevention activities. Provision has been made in the National Curriculum Framework in both primary and secondary schools to integrate drug abuse prevention within the curricula. Also, drug education and prevention programmes are being carried out at schools. Furthermore, sensitisation campaigns are held through workshops, talks and extra-curricular activities. School Health Clubs have been set up and psychological back-up services are being provided by the Education School Psychologist.
NATReSA has also been carrying out prevention activities in different sectors targeting students, young people and women.
In regard to treatment and rehabilitation of substance abusers, these are being undertaken by the Ministry of Health and Quality of Life with the support of NGOs and NATReSA. 12 centres are providing treatment and rehabilitation services to substance abusers. A harm reduction programme, which includes the Methadone Substitution
Therapy Programme and the Needle Exchange Programme is in place since 2006. As at 30 April 2012, 5,393 drug abusers 38 have been induced on the Methadone Substitution Therapy and some 5,600 beneficiaries have been registered on the Needle Exchange Programme.
The Ministry of Health and Quality of Life is also setting up Drop-in Centres to provide prevention, treatment and rehabilitation services to drug users.
I don’t want to read everything, it is a long answer, Mr Speaker Sir, may be to come to the matter – because I need to explain – we need to say that, Mr Speaker, Sir, we have set up the appropriate legislative, institutional and the administrative framework to deal effectively with the problem of drug. We are continuously reviewing the operational capabilities of the law enforcement agencies.
However, hon. Members will also be aware that any evidence obtained in the course of a Commission of Inquiry cannot be used in any civil or criminal proceedings, except in perjury proceedings.
For these reasons, Mr Speaker, Sir, I do not, at this stage, propose to set up a Commission of Inquiry in regard to the drug problem. This being said, it should not be understood, Mr Speaker, Sir, to imply that I am against the setting up of a Commission of Inquiry, but whenever the need arises, we would set up a Commission of Inquiry.
Mr Ameer Meea: Can I ask the hon. Prime Minister if he is aware that during his last meeting with Père Grégoire, the latter stated that during the meeting the hon. Prime Minister told him that he is not against the setting up of a Commission of Inquiry on drugs and this was reported in the press back in March 2012?
The Prime Minister: That is correct and this is what I have told.
Mr Guimbeau: M. le président, la raison pour laquelle je demande l’institution d’une commission d’enquête, c’est que je crois il est important aujourd’hui de comprendre les ramifications derrière tout ce trafic de drogue. Il n’est pas normal qu’une l’île Maurice, un grain du sable dans l’océan, soit nous top de liste dans le trafic de drogue. Nous sommes devenus une plateforme. Il faut mettre une commission d’enquête afin de comprendre le système, parce que trop souvent ce sont les innocents qui payent les pots cassés, M. le président.
The Prime Minister: I have explained in my answer – maybe the hon. Member did not hear it – that I am not against the setting up of a Commission of Inquiry. We are getting results.
We have to see and let the institutions worked. I have the figures, I did not read everything, otherwise it would be too long for me to answer, Mr Speaker, Sir.
Mr Bhagwan: We, as Members of Parliament, have listened carefully to the statement made by the hon. Prime Minister. We, as Members of Parliament, are on the field – everybody of us – and we see what is happening in the Quartiers, even in urban and rural areas. Can the hon. Prime Minister inform the House what is the situation – as it is explosif dans les quartiers – and what is the action that Government is taking? Day by day, Subutex and other types of drugs are killing these areas and the youngs of these areas and even NGOs are sometimes disturbed.
Can the hon. Prime Minister inform the House what is the situation? Whatever action Government is taking, there is urgency at least to find these marchands de la mort, those who are enriching themselves and those who are supplying. Even, Mr Speaker, Sir, ADSU does not have sufficient means and we see the transport in which ADSU is travelling. There is a real lack of equipment.
There must be an urgent and immediate action by Government at least to have a Commission of Inquiry or whatever to tackle this problem.
The Prime Minister: I have explained, Mr Speaker, Sir, that this is not unique to Mauritius and it is not true to say that we are number one in Africa. This is a misapprehension by the report and they are actually correcting the report. We have allocated Rs100 m., I think, I mentioned, Mr Speaker, Sir, for the procurement of additional body and tools, but believe it or not, the intelligence-led operation that we are doing is giving results and we are adding to that – I said that I did not want to mention exactly what because I don’t think I should, but we are getting very high-tech equipment to combat this problem where we have difficulties.
Mr Fakeemeeah: Will there be a multifaceted approach to the issue of drug problem by having a new Master Plan to look into the whole issue?
The Prime Minister: We are having a multifaceted approach, Mr Speaker, Sir. There are details that I would rather not give in the House, but I know in what way the ADSU specialists and the other Police investigation are being done.
That is why we need additional equipment – very sophisticated equipment which we are getting.
Mr Ganoo: I would like to ask the hon. Prime Minister a question about a particular aspect of drug trafficking: the French connection. Very often, we hear of passengers coming from France and French nationals arrested. A few weeks ago, there was a young lady of about 20 years old, who was arrested with millions worth of Subutex and this is a recurrent phenomenon. How is it then that, in spite of all these new technologies that the authorities are using, that the ADSU are equipped with now, why can’t we put an end to that French connection and why are we still arresting people hailing from France? Can I ask the hon. Prime Minister to ask the ADSU officers and the authorities to address at this particular phenomenon in the drug business?
The Prime Minister: In fact, we have done so, Mr Speaker, Sir. We have even sent people to France to investigate how this is happening. Unfortunately, in France their approach is different.
Mr Speaker: Hon. Dr. S. Boolell, wait!
The Prime Minister: They are saying that they can’t understand why we are doing this. In fact, they prefer people to use subutex than the heroin or whatever. This is what they have said and that is why they can get it in France easily. It is not like here that you can’t get it. But because of intelligence that we are gathering, lot of intelligence, that is why so many people are being arrested because there is a great cooperation between France and here.
Mr Speaker: Hon. Dr. S. Boolell, then the hon. Ameer Meea and then final question hon. Guimbeau.
Dr. S. Boolell: May I ask the hon. Prime Minister why as yet we do not have a National Drug Policy which will form part of a comprehensive anti-drug program, a National Drug Policy to monitor the activities of the NATReSA?
The Prime Minister: We have a National Drug Policy, whether it is working well, as well as it could, I am not sure, but we have a National Drug Policy. There is a National Drug Policy with the Police.
Mr Speaker: Hon. Ameer Meea and then hon. Guimbeau. I have said time has run out.
Mr Soodhun: On the line that the hon. Prime Minister suggested the initiative –would it not be fit to the hon. Prime Minister to think to re-open the Nicolay ADSU branch, the fact that he is well aware of the situation. Is it not high time to re-open this branch in order to combat the drug traffic?
The Prime Minister: I will pass this suggestion on to the Commissioner of Police. Maybe that is a good suggestion.
Mr Ameer Meea: The question of the setting up of a commission of enquiry on drugs is above political consideration and that we should not leave any stone unturned in our fight…
Mr Speaker: Is this a statement?
Mr Ameer Meea:… against these drugs. So my question today is that the last time that we had a commission of enquiry dates back to 1986, that is more than 25 years back…
Mr Speaker: There is no need to do calculation …
Mr Ameer Meea: So, would the hon. Prime Minister agree with me that the setting up ofa commission of enquiry would, in fact, help a lot in this fight.
The Prime Minister: As I have said, we would set up a commission of enquiry if we find the need, but remember one thing, the hon. Member is talking about the 1986 commission of enquiry. There were a lot of manipulations in that commission of enquiry as you know. You just have to refer to the book Mr Cuttaree has written, you will see what happened about ‘Ayoob La Guitare’ about what happened to Mr Harish Boodhoo, how things were changed, how manipulation was done and those who were accusing people of drug trafficking were themselves being accused. So we have to be very careful.
Mr Speaker: One last question, hon. Guimbeau!
Mr Guimbeau: M. le président le Premier ministre vient d’instituer une commission d’enquête sur la prescription des terres et sur le sales by levy. Je félicite le Premier ministre pour cela M. le président. Pourquoi ne pas instituer maintenant une commission d’enquête sur letrafic de drogue qui va nous aider à savoir où est la source du mal. Je crois qu’il faut prendre le problème à la source, M. le président parce que trop souvent c’est le petit consommateur qui va en prison et qui est tué.
The Prime Minister: In fact, that is why we are doing that. If you see that we are amending the Asset Recovery Act, it is precisely for this Mr Speaker Sir.
Mr Speaker: I have to inform the House that question PQ No. B/114 has been withdrawn.
At 12.56 p.m. the sitting was suspended.
On resuming at 2.36 p.m. with the Deputy Speaker in the Chair.

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