NATIONAL PLAN OF ACTION TO COMBAT

 TRAFFICKING OF ILLEGAL DRUGS

 

 

The syndicate group on Trafficking on Illegal Drugs maintains that RA 6425 and its amendments and the National Anti Drug Program of Action (NADPA) are primarily the guide for enforcing countermeasures on the trafficking of illegal drugs, whereas the Philippine Center on Transnational Crime (PCTC), which is the national central bureau of the INTERPOL in the Philippines is the police cooperation mechanism at the international level for all types of transnational crimes including illicit trafficking of illegal drugs.  However, there are also other forms of international mechanisms such as liaison schemes like the ASEANPOL, ASOD, WCO, ACCORD, etc…Consequently, the suggestions contained herein focus more on international cooperation to combat this problem. 

 

Under this rubric, the respective functions of the different agencies participating in this mechanism for cooperation should be clearly delineated.

 

Under the NAPDA, the DFA is the lead agency for international actions with support from other agencies.

 

INFORMATION EXCHANGE

 

·        There is the usual exchange of information among concerned agencies at the regional and international levels.

 

·        There is a multilateral agreement pending signatures among the Philippines, Malaysia, and Indonesia, identifying the forms and procedures of cooperation and contact agencies.

 

  • Initiate, negotiate, and conclude MOUs with “concerned agencies” and strengthen existing MOUs.

 

  • Negotiate for China’s immediate ratification of the MOU.

 

  • The Philippines should also negotiate with other countries with which it has no existing MOU such as Hongkong.

 

It should be noted that the formulation of agreements such as those mentioned above should take into account the constraints of other countries since they treat this problem differently from the Philippines.  For example, foreign nationals found guilty of committing trafficking of illegal drugs in the Philippines may seek to avoid the sentence of death penalty by foreign embassies instituting mechanisms favorable to these foreign nationals and not favorable to the host country where the crime has been committed. 

 

  • The DFA should be at the helm in the conduct of research and comparative studies of drug laws of different countries.

 

Instead of compiling national laws on drug enforcement, where compiling is only the end-product, research and comparative studies of the different drug laws of other countries should be pursued.  Research on operations and tactics should likewise be conducted by the PCTC, DDB, DEP Center, DFA, and DOJ in cooperation with other agencies, while strategic research should be undertaken by other institutions such as the National Defense College of the Philippines (NDCP).

 

  • Update the directory of contact agencies within and outside the country

 

  • A list of contact agencies involved in countering the trafficking of illegal drugs should be regularly updated so as to enable the different agencies concerned to effectively coordinate their efforts in combating this crime.  The DEP Center and DDB has been identified as the lead agencies in handling this task.  It was emphasized that the updating the said directory should be done ASAP.

 

  • Strengthen the Philippine Drug Law Enforcement information system

 

In order to strengthen the Philippine Drug Law Enforcement agency in the exchange of information, it must also strengthen its database system that will serve as the central repository of relevant information pertaining to illicit trafficking of illegal drugs.

 

The DEP Center is at the helm of this activity.

 

 

LEGAL MATTERS:

 

  • Lobby for the immediate passage of the amendments to RA 6425.

 

All concerned agencies should be involved in this activity and should be done in the soonest possible time; and

 

  • Actively negotiate extradition treaties and Mutual Legal Assistance Treaty (MLAT) with concerned countries. 

 

The DFA and DOJ must be at the helm of this undertaking and this should be done ASAP.

 

 

 

LAW ENFORCEMENT

 

  • The DEP Center, NARGROUP and DDB should enhance controlled delivery operations. 

 

CAPACITY BUILDING

 

  • Sharing of best practices among agencies at the national and international levels. 

 

  • The DEP Center, PCTC, the DDB as the policy making and regulatory agency, the Bureau of Customs, and the Postal units are at the helm of this undertaking.

 

  • Enhance training in criminal and regulatory investigation

 

  • At the local level, trainings may be conducted by the DEP Center, DDB, NARGROUP, DILG, and the PPSC.  Meanwhile, trainings at the international level may be coursed through NEDA or from the liaison offices of the different foreign embassies stationed in the Philippines.

 

  • It was observed that there are limited slots given for such trainings.  Thus, the syndicate group suggests looking to negotiate for more slots by identifying other donor countries.  Moreover, training opportunities should be equitably distributed to all law enforcement and regulatory agencies.

 

a.                  Upgrade drug investigation equipment

 

Drug investigation equipments should be upgraded ASAP.

 

There was also a suggestion from a member of the syndicate that the Narcotics should be separated from the PNP and be placed under the Office of the President.  A proposed bill is already underway.

 

REGIONAL AND INTERNATIONAL COOPERATION

 

·        Posting of drug enforcement attachés to “concerned countries” should be pursued by the DFA, PCTC, Narc Group, NBI and DEP Center.  It was noted that the Philippines has police attaches only in Malaysia and Pakistan.