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Laos / Travel Information

Laos / Drug policy in Laos

As of 1994, Laos was the world's third largest producer of opium, primarily in the northern provinces. Narcotics trafficking in Laos is difficult to control because of the remoteness of many border areas, their attendant lack of communications, and the scarcity of resources, all of which make stationing officials at many of the border crossings difficult. However, several counternarcotics policy initiatives have been undertaken.

During the late 1980s, narcotics control became an important United States concern, because Laos is a major producer of opium and marijuana. In 1987 Laos began to cooperate with the United States in drug control efforts when it requested assistance in providing a viable crop alternative to opium farmers. Increased efforts on counternarcotics cooperation have been evident since January 1990 when a memorandum of understanding on the Bilateral Cooperation of Narcotics Issues was signed. This agreement focused on ways for the United States to provide antinarcotics programs. The United States provided narcotics-related training to a number of Laotian officials in June 1990 and again in August 1991. And, in 1992, United States Customs Service officials held a training session in Vientiane for Laotian customs officers and other officials. Since then, Laotian officials have also traveled to Australia, Japan, and Europe for counternarcotics cooperation training.

In late 1992, as part of the continuing counternarcotics effort, the LPDR Customs Department set up an antismuggling unit in Vientiane. The Council of Ministers approved the formation of this counternarcotics police unit operationally under the Ministry of Interior but with policy controlled by the Lao National Committee on Drug Control and Supervision. Progress in the configuration of the unit was negligible. As of mid-1993, however, the United States was working with the LPDR to provide support and training for the unit, and the site for the unit was being renovated.

Estimated opium production has declined annually since 1989, largely through successful crop reduction and replacement programs that target specific areas and are funded and initiated by the United States and the UN Drug Control Program. Laos has facilitated these crop substitution programs aimed at developing alternative crops and occupations in Houaphan, Vientiane, and Xiangkhoang provinces. In 1989 there were an estimated 42,130 hectares of land deemed "potentially harvestable" for cultivating opium. By 1993 there were approximately 26,040 hectares. The potential opium yield declined from 380 tons in 1989 to 230 tons in 1992 and to 180 tons in 1993. The United States government estimated that opium production in Laos had declined some 27 percent in 1990 over the previous year, approximately 13 percent from 1991 to 1992, and about 22 percent from 1992 to 1993, the latter mainly as a result of adverse weather because the estimated hectarage under cultivation did not decrease.

Decreased opium cultivation and production are also the result of increased law enforcement efforts, narcotics-related arrests and crop seizures, and a greater effort to disseminate information on the disadvantages of drug trafficking. Although the government tends to deny that it has a domestic drug problem, a public awareness program stressing the dangers of drug use and trafficking has been established, and, as part of the information and education campaign, there has been increased publicity on penalties for offenses.

In April 1993, Laos was certified for narcotics cooperation in 1992 by the United States Department of State. (Certification is granted for performance in narcotics cooperation in the previous calendar year and is categorized by cooperation or certification, noncooperation or decertification, and national interest waiver.) Certification guarantees Laos increased United States cooperation and funding of counternarcotics programs. Certification (with explanation), however, stipulates that in order to receive full United States support, Laos has to take visible, significant, and continuing action to improve the enforcement of antinarcotics laws, which were first enacted in November 1989. Other reasons for the designation certification with explanation include the slow pace of cooperation with officials from the United States Drug Enforcement Administration and allegations of involvement in drug trafficking by high-level members of the government.

In April 1994, the United States granted Laos a national interest waiver for certification of narcotics cooperation in 1993. It was determined that the waiver was preferable to decertification or certification and was in the United States national interest in order to exact continued cooperation on the Vietnam War POW/MIA issue.

Previous efforts, although modest, to curb the drug trade continue. At the same time, however, corruption among civilian and military personnel and their collusion in narcotics activities reportedly continue as well. In 1993 the prime minister ordered the provinces to organize antidrug committees and cooperate with the Lao National Committee on Drug Control and Supervision. Cooperation is to take the form of publicizing existing laws and regulations and educating the public on the dangers of drugs.

Crown Prince Sopsaisana's opium bust

The Laotian prince Sopsaisana was the head of the Asian Peoples Anti-Communist League, the chief political advisor of Vang Pao, Vice President of the Laotian National Assembly and military commander of the CIA controlled Laotian Hmong army.[1] In April 1971 Prince Sopsaisana, then Laos's new Ambassador to France, arrived in Paris. After a tip-off,[2] customs at Orly airport intercepted a valise containing 123 pounds of pure heroin,[3] then the largest drug seizure in French history with an estimated value of $13.5 million.[2] The Prince had planned to ship the drugs to New York. CIA stationed in Paris convinced the French to cover up the affair;[2] Prince Sopaisana returned to Vientiane two weeks later.

References

^ Drug War: Covert Money, Power & Policy: CIA/Syndicate

^ a b c Alexander Cockburn; Jeffrey St. Clair (1998). Whiteout: The CIA, Drugs and the Press. Verso. pp. 246. ISBN 1-85984-139-2.

^ "Search and Destroy--The War on Drugs". Time (magazine): pp.

5. 4 September 1972. Retrieved 2008-07-07.

This article incorporates public domain text from the Library of Congress July 1994, Retrieved on 11 June 2008.

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Laos / Decree on the Implementation of the Law on Drugs

LAO PEOPLE'S DEMOCRATIC REPUBLIC PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY Prime Minister's Office

No.076/PM Vientiane Capital, date 20 March 2009

DECREE on the Implementation of the Law on Drugs

Pursuant to the Law on the Government of the Lao PDR No. 02/NA, dated 6 May 2003;

Pursuant to the Law on Drugs No. 10/NA, dated 25 December 2007;

Pursuant to Proposal No.044 /LCDC, dated 16 February 2009, of the President of LCDC;

The Prime Minister of the Lao People's Democratic Republic Decrees That:

Section 1

General Provisions

Article 1. Purpose

This decree is issued to further the Law on Drugs by adding certain necessary contents for more comprehensiveness, precision, including by explanation of some contents of the law for accurate and uniform understanding throughout the country and for easy implementation.

Article 2. Policy on Solving Drug Issues

Those having provided effective cooperation in drug control, prevention and combating as stipulated in Article 4 of the Law on Drugs shall benefit confidentiality, protection and security management from concerned officers. In drug control, prevention and combating work, the use of buying drug method from distributors or sellers is allowed; but the method of seeking to sell drugs in view of arresting buyers is not allowed. 2 Cooperators shall be certified by competent authority, and in case proceedings there shall be assistance way for them about which offenders will not know.

Article 3. Duty Concerning Drug Control, Prevention and Combating Foreigners, stateless individuals shall execute their duties as Lao citizens in accordance with Article 6 of the Law on Drugs including solving detrimental effects of drugs.

Section 2

Drug Types

Article 4. Drug Types

Drugs are divided into two types as follows:

- Prohibited drugs;

- Controlled drugs and chemical substances.

Article 5. Prohibited Drugs

The prohibited drugs as stipulated in Article 9 of the Law on Drugs are as follows:
1. Heroine:diacetyl-morphine(Heroine);
2. Tetrahydrocannabinol(cannabis chemical resin and derivatives);
3. Amphetamine:amino-phenyl-prpane (Amphetamine);
4. Meth-Amphetamine:methyl-amino-phenyl-propane(Amphetamine and derivatives of Amphetamine)
5. Lysergide or LSD, LSD25;
6. Acetorphine;
7. Etorphine;
8. Dihydro-etorphine;
9. Acetl-alpha-metyl-fentanyl;
10. Alpha-methyl-thiofentanyl;
11. Beta-hydroxy-fentanyl;
12. Beta-hydroxy-methyl-fentanyl;
13. Methyl-fentanyl;
14. Methyl-thio-fentanyl;
15. Para-fluoro-fentanyl; 3
16. Thio-fentanyl;
17. Desomorphine:dihydro-deoxy-morphine;
18. Mecloqualone;
19. Methaqualone;
20. Ketobemidone;
21. Dexamphetamine(Amphetamine);
22. DOM:dimethoxy-methyl-phenyl-propane(Amphetamine);
23. 2CB:bromo-dimethoxy-phenethyl-amine(Amphetamine);
24. 2CD:dimethoxy-methyl-phenethyl-amine(Amphetamine);
25. PEPAP:phenetyl-phenyl-piperidinol acetate(Amphetamine);
26. DMA:dimethoxy-alpha-methyl-phenethyl-amine(Amphetamine);
27. DOET:dimethoxy-ethyl-alpha-methyl-phenethyl-amine(Amphetamine);
28. DOB:dimethoxy-bromo-amphetamine(Amphetamine);
29. Levamphetamine(Amphetamine); Levomethamphetamine (Amphetamine);
30. MDA:methylene-dioxy-amphetamine(Amphetamine);
31. N-ethyl MDA(Amphetamine);
32. N-hydroxy MDA(Amphetamine);
33. TMA:trimethoxy-amphe tamine (Amphetamine);
34. PMA:para-methoxy-am phetamine(Amphetamine);
35. MDMA:methylene-dioxy-methamphetamine(Amphetamine);
36. MMDA:methoxy-methylene-dioxy-amphetamine (Amphetamine);
37. MTA:methyl-thio-amphe tamine(Amphetamine);
38. MPPP:methyl-phenyl-piperidinol-propinate(Amphetamine).

Article 6. Controlled Drugs and Chemical Substances Controlled drugs and chemical substances as stipulated in Article 10 of the Law on Drugs are comprised of types II, III, IV and V as follows:
- Drugs of type II are those used for medical and dental purposes and are comprised of 92 kinds as follows:
1. Morphine;
2. Medicinal Opium, Opium;
3. Cocaine;
4. Codeine; 4
5. Methadone;
6. Acetyl-dihydro-Codeine;
7. Acetyl-methadol;
8. Alfentanil;
9. Allylprodine;
10. Alphacetylmethadol;
11. Alphamethadol;
12. Alphameprodine;
13. Alphaprodine;
14. Anileridine;
15. Benzylmorphine;
16. Benzylmorphine;
17. Betacetylmethadol;
18. Betameprodine;
19. Betamethadol;
20. Betaprodine;
21. Bezitramide;
22. Clonitazene;
23. Codoxime;
24. Dextromoramide;
25. Dextropropoxyphene;
26. Diampromide;
27. Diethlthiambutene;
28. Difenoxin;
29. Dihydrocodeine;
30. Dihydromorphine;
31. Dimephetanol;
32. Dimepheptanol;
33. Dimethylthiambutene;
34. Dioxaphetyl butyrate;
35. Diphenoxylate;
36. Dipipanone;
37. Drotebanol;
38. Ecgonine;
39. Ethylmethyl thiambutene;
40. Ethylmorphine;
41. Etonitazene;
42. Etoxeridine;
43. Fentanyl;
44. Furethidine;
45. Hydrocodone;
46. Hydromorphinol;
47. Hydromorphone;
48. Hydroxypethidine;
49. Isomethadone;
50. Levomethorphan;
51. Levomoramide;
52. Levophenacyl morphan;
53. Levophanol;
54. Metazocine;
55. Methyl desorphine;
56. Methyldihydromorbromide;
57. Metopon;
58. Morpherdine;
59. Morphine methobromide;
60. Myrophine methobromide; 5
61. Nicocodine;
62. Nicodicodine;
63. Nicomorphine;
64. Noracymethadol;
65. Norcodeine;
66. Norlevorphanol;
67. Normethadone;
68. Normorphine;
69. Norpipanone;
70. Oxycodone;
71. Oxycodone;
72. Pethidine;
73. Phenadoxone;
74. Phenampromide;
75. Phenazocine;
76. Phenomorphan;
77. Phenperidine;
78. Pholcodine;
79. Piminodine;
80. Pimitramide;
81. Proheptazine;
82. Properidine;
83. Propiram;
84. Racemethorphan;
85. Racemorphan;
86. Racemorphan;
87. Sufentanil;
88. Thebacon;
89. Thebaine;
90. Tilidine;
91. Trimeperidine;
92. Remifentanil.6

- Drugs of type III are those used for medical purpose and in finished drugs mixed with drugs of type II and are comprised of 68 kinds as follows:
1. Phentermine;
2. Midasolam;
3. Amobarbital;
4. Buprenorphine;
5. Butalbital;
6. Cathine;
7. Cyclobarbital;
8. Flunitrazepam;
9. Glutethimide;
10.Pentazocine;
11.Pentobarbital;
12.Allobarbital;
13.Alprzolam;
14.Amfepramone;
15.Aminorex;
16.Barbital;
17.Benzfetamine;
18.Bromazepam;
19.Brotizolam;
20.Camazepam;
21.Chlordiazepoxide;
22.Clobazam;
23.Clonazepam;
24.Clorazepate;
25.Clotiazepam;
26.Cloxazolam;
27.Delorazepam;
28.Diazepam;
29.Estazolam;
30.Ethachlorvynol;
31.Ethinamate;
32.EthylLoflazepate;
33.Etilamfetamine;
34.Fencamfamin;
35.Fenproporex;
36.Fludiazepam;
37.Flurazepam;
38.Halazepam;
39.Haloxazolam;
40.Ketazolam;
41.Lefetamine;
42.Loprazolam;
43.Lorazepam;
44.Lormetazepam;
45.Mazindol;
46.Medazepam;
47.Mefenorex;
48.Meprobamate;
49.Mesocarb;
50.Methyphenobarbital; 7
51.Methyprylon;
52.Nimetazepam;
53.Nithazepam;
54.Nordazepam;
55.Oxazepam;
56.Oxazolam;
57.Pemoline;
58.Phendimetrazine;
59.Phenobarbital;
60.Pinazepam;
61.Pipradrol;
62.Prazepam;
63.Pyrovalerone;
64.Secbutabarbital;
65.Temazepam;
66.Tetrazepam;
67.Triazolam;
68.Vinylbital.

- Drugs of type IV are those used as precursors to produce drug of type I or drugs of type II and are comprised of 32 kinds as follows:
1. Acetic anhydride;
2. Acetyl chloride;
3. Ethylidine diacetate;
4. Ephedrine;
5. Chlor-Pseudo-Ephedrine;
6. Ergometrine;
7. Ergotamine;
8. Isosafrole;
9. Safrole;
10.Piperonal;
11.Lysergic acid;
12.Anthranilic acid; 8
13.Methylene-dioxy-phenylpropanone;
14.N-Acetyl-anthranilic acid;
15.Phenyl-propanone;
16.Phenyl acetic acid;
17.Elymoclavine;
18.Ergocor nine;
19.Ergocristinine;
20.Ergocristine;
21.Alpha Ergocryptine;
22.Beta Ergocryptitine;
23.Alpha-Ergocryptitine;
24.Beta- Ergocryptitine;
25.Ergometrinine;
26.Ergosine;
27.Ergosinine;
28.Ergostaminnine;
29.Ergotaminine;
30.Ergothioneine;
31.Lysergamide
32.Caffeine.

- Drugs of type V are drug producing plants, cultivation or possession of which are prohibited and are as follows:
1. Cannabis;
2. Papaver somniferum or opium poppy;
3. Other drug producing plants.

Section 3
Drug Control, Prevention and Combating

Article 7. Production and Processing Control Control of drug and chemical substances production and processing as stipulated in

Article 17 of the Law on Drugs shall be carried out as follows:
- Concerning production, processing and use the concerned sectors will inspect and control to know whether the producing sectors have been duly authorized or not, the quantity produced is in accordance with the quantity authorized and have been used as authorized or not such as: concerning drug the public health sector will be the authorizing, inspecting and controlling authority; concerning goods industry and commerce sector will authorize, inspect and control; concerning agriculture work, agriculture and forestry sector will authorize, inspect and control;
- Concerning chemical substances authorization, strong inspection and control will come also from relevant sectors to avoid the transformation of chemical substances into precursors for producing or processing drugs. 9

Article 8. Control of Buying-Selling, Distribution, Processing, Storing, Import, Export, Transit
Control of buying-selling, distribution, processing, storing, import, export, transit through the Lao PDR including the drug and chemical substances use control as stipulated in Article 18 and 19 of the Law on Drugs shall be the responsibility of the relevant sectors as provided in Article 7 of this decree.

Article 9. Dissemination and Re-Education
Dissemination and re-education as stipulated in Article 21 and 22 of the Law on Drugs shall be carried out as follows:
- Dissemination concerning drugs with severe detrimental effects to the society shall have focal force and shall be conducted with the diligence of LCDC at all levels, members of National Assembly, justice sector, information and culture sector, Lao Front for National Construction, mass organizations and other concerned sectors;
- Re-education of target groups and drug risky groups shall be conducted by the diligence of LCDC of all levels, police officers, Lao Front for National Construction, mass organizations, social organizations and families.

Article 10. Non-Authorization Concerning Drug
Non-Authorization for cultivation, production, processing, buying-selling, distribution, possession, storage, transportation, transit through the Lao PDR and use of prohibited drugs as stipulated in Article 23, 24 and 25 of the Law on Drugs shall be strongly inspected and controlled by relevant sectors as specified in Article 7 of this decree.

Article 11. Combating of Prohibited Drugs
Combating of prohibited drugs shall be carried out according to various measures and methods as stipulated in Article 29 of the Law on Drugs.

Article 12. Targets of Prohibited Drugs Combating
The main targets running drug enterprise, service providers, participants in prohibited drug process as stipulated in Article 28 of the Law on Drugs refer to:
- The main actors refer to those who cultivate, produce, process, in great quantity for distribution inside and outside the country;
- Service providers refer to drug consumption service providers namely opium smoking, cannabis smoking;
- Participants in prohibited drug process refer to participants in offence or accomplices of an offence; 10
- Participants in an offence are those who have received a distribution of duty in a commission of a drug related offence;
- Accomplices are those who have not participated in the commission of a drug related offence but have assisted in the commission of the offence such as: providing instruction or advice, properties and, means and equipments, promises before the commission of the offence to hide offenders, properties acquired from offence or eradicate traces of the offence.

Article 13. Accuracy, Right Target and Transparency
Accuracy, right target and transparency as stipulated in Article 32 of the Law on Drugs shall have the following meanings:
Accuracy refer to certainty, clarity on weight, type, comprehensive and sufficient evidence, determined committed acts such as: possession, buying-selling, distribution, transportation and others.
Right target refers to case proceeding against real offenders directed to those having committed dangerous acts such as: those running drug business.
Transparency refers to case proceeding which is conducted strictly based on regulations and laws namely it is prohibited to impose fines and then release, to benefit relatives and friends and it is prohibited to hide, conceal the type and weight of really seized drugs.
Fines in drug issues can only be imposed when there is a final court decision.

Article 14. Premises Search
Premises search as stipulated in Article 33 of the Law on Drugs shall be conducted in strict conformity with the Law on Criminal Procedure.
Before and after premises search those involved shall show their innocence toward the owners of the premises by showing them that no drugs or illegal properties have been introduced into premises to implicate them or brought out no properties not related to the cases or are not illegal.

Premises search shall be recorded on site immediately with mentions on types, number, weight, forms of seized items.

Article 15. Exhibits
Beside clauses on exhibits as stipulated in Article 34 of the Law on Drugs, exhibits shall be exposed at court hearing in order members of the court can verify accuracy and reality before case consideration and adjudication; concerning involvement in premises search and establishment of record concerning drugs seized as exhibits, Article 54 of the Law on Criminal Procedure shall be applied. In 11 case it is necessary to destroy drugs which are exhibits before case adjudication sample of these exhibits shall be kept for testing and show at court hearing.

Article 16. Seizure, Sequestration and Confiscation of Assets Assets, vehicles, equipment related to an offence or doubted to have some relationship with drug offence as stipulated in Article 35 of the Law on Drugs shall be seized or sequestered according to the law.

After seizure or sequestration, it shall be dealt with within a suitable period of time; if it is evident that seized or sequestered items have no relationship with an offence, they shall be returned to their owners. Items having relationship with an offence shall be confiscated by court according to the law.

Article 17. Implication
Concerning implication as stipulated in Article 36 of the Law on Drugs, in case the implicated person confesses in the absence of evidence, it shall be a serious verification of facts committed by implicated person or found to prove his/her guilt. If he/she confessed from threat, or has been suborned, or was mentally ill, no legal proceedings will be instituted.

Article 18. Community Based Treatment
Community based treatment as stipulated in Article 40 of the Law on Drugs is conducted by village administration, Lao Front for National Construction, mass organizations and social organizations, combining modern medicine on doctor's instructions and traditional medicine that can be got.

Article 19. Treatment in Treatment and Health Rehabilitation Centre for Drug
Addicts Organizational structure and staff including functioning rules of treatment and rehabilitation centre for drug addicts as stipulated in Article 41 of the Law on Drugs shall be dealt with by LCDC according to its responsibility. Detention-reformatory centre, like treatment and health rehabilitation centre for drug addicts, is to create conditions for detoxification of accused and prisoners.

Article 20. Vocational Training
Vocational training as stipulated in Article 42 of the Law on Drugs is the responsibility of treatment and health rehabilitation centre for drug addicts. Concerning detention-reformatory centre, it shall endeavor to provide vocational training to detainees and prisoners in order they bear a pure spirit towards work, professional skills, income and fund for easy social reintegration. The said centre and detention-reformatory centre are to make society be interested in purchasing their products.

Article 21. Assistance Units for Ex-Addicts 12
Ex-Addicts are to be monitored and assisted by society, family and assistance units as stipulated in Article 44 of the Law on Drugs. Organizational structure and staff including functioning rules of the said units are to be dealt with by LCDC according to its responsibility.

Article 22. Establishment of Drug Forensic Laboratories
Drug forensic laboratories as stipulated in Article 46 of the Law on Drugs are necessary, especially for proving and analyzing drugs, aiming at making criminal procedure accurate, correct and expeditious; therefore drug forensic laboratories are to be established in public health, public security and LCDC sectors. Establishment of these drug forensic laboratories shall be gradually extended to regions and provinces.

Article 23. Drug Verification
Drug verification shall be conducted only in public health, public security and LCDC sectors.

In case of objection against the outcome of verification, the same drug forensic laboratory shall conduct verification by appointing new experts and increasing the number of experts.

If the number of experts is not sufficient, experts from other drug forensic laboratories shall be invited to participate in verification.

Section 4
Fund for Drug Control, Prevention and Combating Article 24. Sources of Fund for Drug Control, Prevention and Combating In order to make the work on drug control, prevention and combating to be effectively implemented, it shall be fund from State budget, including part distributed in accordance with Law on Budget; from sale of properties, vehicles and equipments related to drugs, and being confiscated by court decision; from international assistance, mobilization of contribution of people and social strata inside and outside the country, from some income generating activity such as sport competition, art performance and others.

Article 25. Management and Use of Fund for Drug Control, Prevention and Combating 13
Organizational structure and functioning pertaining to management and use of fund for drug control, prevention and combating shall be prepared by LCDC for submission to the Government for consideration and decision.

Section 5 Duties and Responsibilities Concerning Drug Control, Prevention and Combating

Article 26. Duties and Responsibilities of Various Parties
Those having duties and responsibilities concerning drug control, prevention and combating as stipulated in Article 52 of the Law on Drugs are as follows:

1. LCDC;

2. Ministry of Defence;

3. Ministry of Public Security;

4. Ministry of Foreign Affairs;

5. Ministry of Finance;

6. Ministry of Justice;

7. Ministry of Labour and Social Welfare;

8. Ministry of Education;

9. Ministry of Agriculture and Forestry;

10.Ministry of Public Health;

11.Ministry of Industry and Commerce;

12.Ministry of Information and Culture;

13.Office of Supreme Public Prosecutor;

14.Supreme People's Court;

15.Local Administration.

In addition to State organizations, there are political organizations, mass organizations and social organizations such as:

- Lao Front for National Construction;

- Union of Ex-Servicemen;

- Lao Trade Union;

- Lao Youth Organization;

- Lao Women's Union;

- Society and Community;

- Family;

- Individuals.

Article 27. Duties and Responsibilities of LCDC

Duties and responsibilities of LCDC shall be implemented as stipulated in Article 63 of the Law on Drugs.

Article 28. Duties and Responsibilities of Ministry of Defense and Ministry of Public Security 14

The Ministry of Defence and Ministry of Public Security have the duties and responsibilities to direct military and police officers on the drug control, prevention and combating work as follows:
1. To propagate and re-educate on prohibited drug prevention and combating;
2. To cooperate and facilitate survey and inspection of concerned sectors concerning hidden culture of drug producing plants in various regions;
3. To establish technical forces to conduct primary survey and assess detrimental effects of drugs in coordination with other concerned parties;
4. To organize prohibited drugs and precursors control, inspection, gathering data and information work, including monitoring activities of each target, providing security of, and managing cooperators in solving drug issues;
5. To organize mechanism, train and enhance level of officers with specific skills on identifying data and information, drug prevention and combating ;
6. To investigate on drugs with accuracy, transparency, precision, expeditiousness, keeping confidentiality, evidence and various data related to drug cases, including immigration in order to prevent and combat drugs according to their roles;
7. To arrest and detain accused, seize exhibits to investigate and institute legal proceedings in conformity with laws and regulations.

Article 29. Duties and Responsibilities of Ministry of Foreign Affairs
The Ministry of Foreign Affairs has duties and responsibilities to guide the work related to drugs according to its role in international relationship and cooperation for drug prevention and combating.

Article 30. Duties and Responsibilities of Ministry of Finance
The Ministry of Finance has duties and responsibilities to guide the work related to drugs according to its role by providing budget for drug control, inspection, prevention and combating.

Article 31. Duties and Responsibilities of Ministry of Justice
The Ministry of Justice has duties and responsibilities to guide the work related to drugs according to its role by formulating, amending and disseminating regulations and laws related to drugs.

Article 32. Duties and Responsibilities of Ministry of Labour and Social Welfare
The Ministry of Labour and Social Welfare has duties and responsibilities to guide the work related to drugs according to its role as follows:
1. To participate in solving drug-addicted related problems in society;
2. To formulate curricula, train, enhance level of staff to make them trainers in professional skills for ex-addicts; 15
3. To find jobs, give advice, create material and spiritual conditions to assist exaddicts to reintegrate their community and monitor them to avoid relapse;
4. To record statistical data and assess situation of social problems where exaddicts reside;
5. To collaborate with various enterprises, plants and factories in order to find jobs for ex-addicts;
6. To liaise and cooperate with international community on vocational training for ex-addicts.

Article 33. Duties and Responsibilities of Ministry of Education
The Ministry of Education has duties and responsibilities to guide the work related to drugs according to its role as follows:
1. To formulate and implement training programs concerning drug prevention and combating in schools, educational institutions;
2. To organize permanent inspection of behaviours and activities of staff, teachers, pupils and students to identify bad elements having relationship with drugs and timely be able to deal with them;
3. To formulate and implement additional curricula on detrimental effects of drugs for pupils, students, teachers on peer to peer assistance principle;
4. To collaborate with local administration, families, community and society in reeducation programs to prevent and combat drugs in education sector;
5. To liaise and cooperate with international community on re-education programs on dissemination to prevent and combat drugs such as: printing of manuals, leaflets, posters and other materials to serve drug prevention and combating work.

Article 34. Duties and Responsibilities of Ministry of Public Health
The Ministry of Public Health has duties and responsibilities to guide the work related to drugs according to its role as follows:
1. To publish list of narcotic, psychotropic drugs and precursors for medical use;
2. To issue acts on chemical and narcotic substances management and give instructions on their implementation;
3. To issue rules on drug scientific research, formula and various detoxification methods;
4. To provide medical staff, experts, technical medical equipment and detoxification treatment;
5.To analyze scientific researches and tests on drugs;
6.To collaborate with other sectors in drug and precursor management and inspection;
7. To liaise and cooperate with international community on drug and precursor inspection, drugs and psychotropic substances and precursors analysis. 16

Article 35. Duties and Responsibilities of Ministry of Agriculture and Forestry
The Ministry of Agriculture and Forestry has duties and responsibilities to guide the work concerning drugs according to its role as follows:
1. To be diligent in mobilizing and re-educating multi-ethnic people to stop cultivating drug producing plants;
2. To implement rural development project to solve people's poverty by providing new occupation replacing opium poppy cultivation and other drug producing plants, including creation of facilitative conditions in various fields such as: technical instructions, provision of rice and plant seeds and animal breed and necessary factors serving production.

Article 36. Duties and Responsibilities of Ministry of Industry and Commerce Ministry of Industry and Commerce has duties and responsibilities to guide the work related to drugs according to its role as follows:
1. To cooperate with other concerned sectors on import-export, management of precursors use and use of produce from drug producing plants for industry and commerce;
2. To liaise and cooperate with international community concerning inspection, management of valuable materials that can be used as precursors. Article 37. Duties and Responsibilities of Ministry of Information and Culture Ministry of Information and Culture shall have duties and responsibilities to reeducate, propagate and disseminate largely regulations and laws on drugs in various forms namely through radio, television, newspaper including performance art and others aiming at raising awareness of people in society, particularly youth and adolescents to perceive danger and detrimental effects of drugs and stay away from drugs, and to be diligent in contributing to drug prevention and combating.

Article 38. Duties and Responsibilities of Supreme People's Prosecutor's Office and Supreme People's Court
Supreme People's Prosecutor's Office and Supreme People's Court shall have duties and responsibilities to guide, monitor and supervise legal proceedings against drug accused, coordinate with other concerned sectors in organization of training for enhancement of procedural skills in drugs cases of investigation-interrogation officers, interrogators, prosecutors and judges, aiming at making legal proceedings to be correct, transparent, expeditious and fair.

Article 39. Duties and Responsibilities of Local Administration Local Administration shall have duties and responsibilities to disseminate, reeducate citizens in their locality in order they know about detrimental effects of drugs and to prevent them to become victims of drugs, to be diligent in preventing and combating drug selling and buying, drug consumption, assisting in drug addicted cure in view of their social reintegration and becoming good citizens. 17 Article 40. Duties and Responsibilities of Lao Front for National Construction, Union of Ex-Servicemen and Mass Organizations Lao Front for National Construction, Union of Ex-Servicemen, Lao Trade Union, Lao Youth Organization, Lao Women's Union shall have duties and responsibilities to guide their own organizations to coordinate with other concerned sectors for reeducating their members to be free from drugs and to pay attention to regular monitoring and inspection of youth and adolescents, male and female in schools, educational institutions, plants and factories, hotels, guesthouses, restaurants, entertainment bars, including jobless people in villages, to prevent people from being victims of drugs.

Article 41. Duties and Responsibilities of Society and Community, Families and
Individuals
Society and Community shall have duties and responsibilities as stipulated in

Article 53 of the Law on Drugs.
Families shall have duties and responsibilities as stipulated in Article 54 of the Law on Drugs.
Individuals shall have duties and responsibilities as stipulated in Article 55 of the Law on Drugs.

Section 6
Provincial, Capital, District, Urban Secretariat

Article 42. Provincial, Capital Secretariat
Provincial, capital secretariat shall have a status equivalent to provincial, capital division as stipulated in Article 64 of the Law on Drugs, has the role to assist provincial and capital administration in drug supervision and control. The head of secretariat shall have a position equivalent to the position of provincial, capital division chief and is appointed by president of LCDC after coordination with provincial, capital administration.

Article 43. District, Urban Secretariat
District, urban secretariat shall have a status equivalent to district, urban office as stipulated in Article 65 of the Law on Drugs, has the role to assist district, urban administration in drug supervision and control.
The head of secretariat shall have a position equivalent to the position of district and urban office chief and is appointed by president of provincial, capital commission for drug inspection and control after coordination with district, urban administration. 18

Section 6
Contents and Forms of Inspection

Article 44. Contents of Drug Inspection
Drug inspection is inspection concerning law implementation on:
- Drug control;
- Drug prevention;
- Drug combating;
- Solving of detrimental effects of drugs. p> Article 44. Forms of Inspection
Inspection with advance notice refers to an inspection conducted outside the regular plan but the person to be inspected shall be noticed in advance. Emergency inspection refers to an inspection which is not included in the regular plan performed suddenly without advance notice to the person to be inspected.
In the process of inspection, inspecting officers have to observe laws and regulations and inspected persons have to cooperate.

Section 8
Policies and Measures p> Article 46. Policies Towards Staffs and Officers p>Staffs and officers with outstanding achievement in drug inspection, control, prevention and combating shall receive various policies such as: compliment certificate, medals, victory medals, promotion, salary increase, materials and others according to regulations.

Article 47. Policies Towards Cooperators
Cooperators actively involved in drug control, prevention and combating, providing data and information concerning drugs shall receive various policies such as: compliment, congratulation certificate, medals, victory medals, materials and others according to actual situation of the case and drug quantity.
In case of physical injury, disability or death they shall be looked after, treated, provided with funeral ceremony and allowances details of which will be prescribed by Ministry of Finance in specific regulation.

Article 48. Criminal Measures

Taking criminal measures against drug offenders shall be in conformity with Article 146 of Penal Law and Article 75 of the Law on Drugs. Concerning this Article 75, it shall be applied especially to hashish resin and its various derivatives which are not specified in Article 146 of Penal Law. 19 Section 9

Final Provisions

Article 49. Implementation
LCDC, line ministries, agencies, Lao Front for National Construction, mass organizations and local administration shall formulate work plans, projects and detailed measures according to their role, for the effective implementation of this decree.

Article 51. Effect
This decree shall enter into force on the date of its signature. Provisions and stipulations that contradict this decree are hereby repealed.

Prime Minister of the Lao PDR
(Signature)
Bouasone BOUPHAVANH

Source URL: http://www.rtm.org.la/documents/SWG/Decree%20apply%20drug%20law.pdf

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Laos / Criminal Justice

Weak legal and criminal justice capacities limits accessibility, accountability and effectiveness to the rule of law

The Lao PDR has a civil law system which is closely modelled on the Soviet/Chinese legal systems. For now, the fundamental rights declared in the Constitution do not include any rights relating to criminal justice. Presumption of innocence and the right to be represented are among the rights declared by the Criminal Procedure Law but there is no right to silence. The criminal justice system is inquisitorial and trials are sometimes conducted with reliance on confessions without witnesses being present. There is no requirement that the prosecution should prove the admissibility of a confession and the accused do not get an opportunity to show that a confession has been extracted.

The legal profession is also fragile. With less than 100 lawyers in the whole country, the required expertise about laws, legal concepts and judicial processes is very limited and legal drafting skills remain weak. A majority of the members of the National Assembly and legal sector officials do not have a sufficient legal background. There are not enough judges and serving judges with competent legislative and judicial expertise while lack of funding often prevents the implementation of general basic legal training.

In 2008, the Lao Government promulgated a new drug law which would be the basis for improving the Lao criminal justice system. Enhancing law enforcement capacities and making access to forensic services available throughout the country is a priority. Support given to an efficient and independent law enforcement system and the upgrading of scientific and forensic capacities of the national institutions will strengthen judicial integrity and independency in the trying of cases to meet the requirements of an accessible, accountable and effective criminal justice in the Lao PDR.

Source URL: http://www.unodc.org/laopdr/en/Overview/Rule-of-law/Criminal-Justice.html

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Laos / Foreigners in legal trouble

1 British M.P's Son Arrested For Drugs in Laos - Warning (Andrew Drummond, 2012-07-23)

2 Laos drug Briton Samantha Orobator has jail term cut (Foreign Prisoners, 2012-07-17)

3 Fate of Briton could be Laos jail 'black hole' (Foreign Prisoners, 2009-08-02)

4 Arrested in Laos (Bootsnall, 2005-07-18)

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