House bill on rights-based, health-based drug policy filed

MANILA – A party-list lawmaker on Monday filed a bill proposing a rights-based approach and public health-centered drug policy in the country.

Akbayan Party-list Rep. Percival Cendaña filed House Bill 11004, or the proposed Public Health Approach to Drug Use Act, which provides “humane solutions” to the country’s drug problem.

Cendaña said the measure, which he dubbed the “Kian Bill”, is a “180-degree turn” from the previous administration’s war on drugs.

The bill was named after Kian delos Santos, the 17-year-old killed by the police in 2017 during the war on drugs of the Duterte administration.

“The Kian Bill prevents the killing of more innocent Kians. Imbes na dahas at bala, solusyon natin ang magbigay ng karampatang lunas at direktang lingap sa mga drug users (Instead of violence and bullets, our solution is to provide appropriate treatment and direct care for drug users),” Cendaña said.

The bill proposes a comprehensive, community-centered framework for addressing drug use by mandating each local government unit to implement a Community-Based Health and Social Support Program.

The evidence-based interventions of the proposed program include psychosocial support and counselling, peer support and mentorship, referral to health and social services, and education and outreach.

“Compulsory drug and rehabilitation centers and treatment rehabilitation facilities shall be converted to voluntary, community-based, and evidence-based health and social support programs,” the bill read.

The bill explicitly bans controversial anti-drug practices such as mandatory drug testing, torture and cruel punishment, corporal punishment, involuntary treatment and compulsory detention, traumatic physical and psychological intervention, and information misrepresentation, among others.

“The proposed law bans the use of Tokhang or drug lists, torture, unlawful police interference, and other cruel methods used in the drug war,” Cendaña said.

Any public officer who is guilty of committing any of the prohibited acts will be administratively liable for suspension of six months without pay for the first time, suspension for 12 months without pay for the second time, and removal from office and perpetual disqualification for the third time.

Any physician, medical practitioner, or health personnel who is guilty of committing any of the prohibited acts will be administratively liable for suspension of license to practice for six months for the first time, suspension of license to practice for nine to 12 months for the second time, and revocation of license for the third time.

During the first public hearing of the Senate Blue Ribbon Committee on his administration’s war on drugs on October 29, former president Rodrigo Duterte said he would take full, legal responsibility for his administration’s war on drugs. (PNA)

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