MACIAS, CHR OPPOSE COMPULSORY DRUG TEST

Top officials of Negros Oriental are against the mandatory drug
testing for students, despite the fact that the Department of Health
is already requesting for a supplemental budget for the purpose.

Dangerous Drugs Board chairman Vicente Sotto III yesterday allayed
fears of the Commission on Human Rights that the random drug-testing
in schools, a component of the anti-illegal drugs program, may be
violative of children's rights, a press release from his office said.

Negros Oriental Gov. Emilio Macias II said he objects to the
mandatory drug testing except for students who may have the signs
and symptoms of using the banned substance. The Supreme Court said
drug testing is not compulsory for students.

Commission on Human Rights special field investigator Jesus Canete,
meanwhile, reiterated the statements of CHR Commissioner Leila de
Lima that the move violates the right of the child against
self-incrimination which is provided in the Bill of Rights.

Canete said students who indulge in drugs should be considered as
victims rather than offenders.

He said the issue is so sensitive that it needs a discussion between
the agencies concerned, including the parents.

On the other hand, PNP provincial commander, Senior Supt. Augusto
Marquez favored the conduct of a random drug test, stressing that
the anti-drugs law has to be declared as unconstitutional first if
the mandatory drug test for students is questioned.

He said Republic Act 9165 or the Comprehensive Dangerous Drugs Act
of 2002 requires mandatory drug testing for students before
enrolment, and also for policemen and other government employees.

Its implementation was stalled due to the huge funding requirement
for the drug test kit.

'BE NOT AFRAID'

Meanwhile, Senator Sotto said the objective of the drug test is not
punitive, but preventive. This is a health issue. The students'
confidentiality is assured and anyone testing positive can be
rescued in time through counseling, Sotto said.

He added that the student's family will also be alerted about the
situation. Those who fear that drug-testing will violate the privacy
of students and put them behind bars are mistaken, he said. The
matter of drug testing was the product of consultation and had been
the subject of DDB Resolution No. 6 promulgated since August 1,
2003, he added.

Sotto also said the Supreme Court, in the case of Social Justice
Society vs. DDB, promulgated on November 3, 2008, decided that
random drug-testing in schools is constitutional.

He said that for some years now, certain schools in Metro Manila are
making their campuses drug-free through random drug testing.

Sotto called for support to the newly invigorated anti-illegal drugs
climate and eradicate the scourge of dangerous drugs. Those in
government should join hands with the DDB in this fight through
constructive criticism and not pure fault-finding. This problem is
everybody's problem and we need everybody's cooperation, he added.*JG