ASEAN BRIEFS

Vol. 4 / Issue 2 / November 2016

A New Approach to a Drug-Free ASEAN

The Habibie Center -ASEAN Studies Program ASEAN Briefs

Project Supervisor: Rahimah Abdulrahim (Executive Director) Hadi Kuntjara (Deputy Director for Operations)

Head of ASEAN Studies Program/Editor: A. Ibrahim Almuttaqi

Researcher: Fina Astriana Muhamad Arif Askabea Fadhilla Agustha Lumban Tobing Hana Hanifah Bastaman Vierna Tasya Wensatama

Finance and Administration: Mila Oktaviani Design and Publication: Rahma Simamora

ASEAN Briefs is a regular publication about current developments on ASEAN regionalism, especially in the Political-Security, Economic as well as Socio - Cultural Pillars.

This edition of ASEAN Briefs explores the regional collaborative effort to achieve a ‘Drug-Free ASEAN’, which was supposed to be realized by 2015. In their efforts to fulfill this endeavor, ASEAN and its member states had adopted a number of serious steps that were mostly dominated by repressive and punitive approaches. However, existing evidences point out that such approaches have not yielded its intended result. ASEAN needs to explore a new strategy and consider other approaches that are evidence-based, humane and effective, given that the previous one has proven to be ineffective.

Executive Summary

Introduction:

ASEAN BRIEFS3

The notion of a Drug-Free ASEAN can be traced as far back as 1976 when the Foreign Ministers of then-five ASEAN members states agreed on the ‘ASEAN Declaration of Principles to Combat the Abuse of Narcotics Drugs’ in Manila. The original focus mentioned in the Declaration was, “Concerned with the health and welfare of mankind.”1 22 years later in 1998, during the 31st ASEAN Ministerial Meeting, the ASEAN Foreign Ministers signed the Joint Declaration that affirmed the commitment of its member states to “eradicate illicit drug production, processing, trafficking and abuse by the year 2020 in ASEAN.”2

That commitment was re-articulated through the Joint Communique of the 33rd ASEAN Ministerial Meeting. Due to the “the threat from drug abuse and drug trafficking on the security and stability of the ASEAN region, particularly its relations with transnational crime”, the Joint Communique urged all member states to enhance collective efforts to solve this ‘menace’ which could affect the security and the stability of the region. Considering this situation, the Foreign Ministers further agreed to to advance the target of a Drug-Free ASEAN from 2020 to 2015.

Many argue that this step was a crucial decision taken in light of an increasing trend in drug-related cases, and which further required ASEAN countries to step up their collaborative efforts to realize a Drug-Free region. However, despite the efforts to tackle the problem both at the regional level and also among individual member states, the use of drugs in Southeast Asian continues. Some would argue that the domestic policies adopted by

individual ASEAN member states are ineffective to eradicate drugs-related crimes. In particular, the existing harsh and punitive approach is arguably a contributing factor in the failure to realize the objective of a Drugs-Free ASEAN.

National and Regional Efforts Towards A Drug-Free ASEAN

National LevelAt the national level, each ASEAN member state has established their own drug control agencies which are usually situated under their equivalent ministry of justice or ministry for public security. Their responsibilities are varied in terms of implementing respective national policies with regards to controlling drugs. They mainly serve a coordinating role to ensure that national efforts with regards to treatment and education for drug offenders (current and potential ones) are in line with national strategy. In addition to that, these agencies also coordinate with related law enforcement bodies to conduct law enforcement activities. Some national drug control agencies are well equipped and have broader mandates, while others are more limited and need to work with other agencies. 3

In general, there is a common approach found in the member states of ASEAN when it comes to how they deal with drug-related issues: they are dominated by punitive and repressive drug laws.4 Many states in Southeast Asia impose the death penalty for drug trafficking and have not been

A New Approach to a Drug-Free ASEAN 4

afraid to use this legal instrument. As such, it can be seen that the governments of ASEAN member states all share a ‘tough on drugs’ rhetoric, in which drug is cast as a serious social evil that requires harsh punishments with little distinction between suppliers, dealers and users.5

As one of the more active country in ASEAN’s war on drugs, Indonesia shares this belief by considering drug abuse and related crimes as one the most serious crime against humanity. Using this belief, Indonesia argues that extraordinary measures are needed including serving the maximum punishment of death.

Under the administration of President Joko Widodo’s (commonly known as Jokowi), Indonesia has ended its unofficial moratorium on the death penalty, which had been in place for four years under the previous administration. Instead Jokowi has made it a signature of his presidency.6 In his first two years in office, Jokowi has executed 18 convicted drug traffickers arguing such a policy was needed to create an effective deterrent to drug dealers.7 For example, Jokowi has argued that the death penalty is as an important ‘shock therapy’ and that those dealers and traffickers had “destroyed the future of the nation.”8

Another ASEAN country, the Philippines has also taken a serious approach to tackling drugs. The recently-sworn President Rodrigo “Digong” Duterte campaigned on a tough anti-drug pledge as one his major policy concerns. Critics have accused Duterte of encouraging and even ordering citizens to take the law into their own hands and shoot dead drug dealers themselves. Duterte has also been accused of encouraging the police force to carry out extrajudicial killings. Within the first 6 months of his administration, Duterte’s war on drugs has left almost 6,000 alleged drug criminals shot dead on the streets, two-third of which were murdered by unknown assailants.

Echoing the same sentiment with President Jokowi, Duterte has justified his tough stance by affirming that only a harsh and punitive approach to drug use will bring a deterrent effect and reduce crime rates. President Duterte further claimed that there was no crime in threatening to kill drug addicts or traffickers in order to ‘preserve the

interest of the next generation’.9 The Philippine Presidential Office has explained that that while they do not condone extra-judicial killings, they said the country should “seize the momentum” in its campaign against illegal drugs.10

Regional LevelFollowing the 33rd ASEAN Ministerial Meeting in 2000, the same year saw the region come together again for the International Congress entitled, “In Pursuit of a Drug-Free ASEAN and China 2015”. The Congress contributed to the impetus for a regional framework named the ASEAN and China Cooperative Operations in Response to Dangerous Drugs (ACCORD). This framework aims to provide a set of specific actions beyond national efforts in order to accommodate a collaborative action at the regional level. As part of this endeavor, 36 countries and 16 international organizations have endorsed a Plan of Action.11

In addition to ACCORD, other regional frameworks have also come in to force. One of the most well-known is the ASEAN Senior Officials on Drug Matters (ASOD). ASOD holds meetings on an annual basis to discuss policy, to pass new initiatives and review the progress of ASEAN’s effort in combating drug-related issues.

In the middle of this year, ASEAN member states also introduced a new initiative. The ASEAN Seaport Interdiction Task Force (ASITF) was established to monitor the smuggling of drugs across the borders of the 10 ASEAN member states. This initiative is considered important because 80% of smuggled drugs come from the sea and enter through seaport.12

A Drug-Free ASEAN?

While the 33rd ASEAN Ministerial Meeting demonstrates ASEAN’s political commitment to address the scale of the drug problem, ASEAN has not gone on to detail what a Drug-Free ASEAN looks like. Furthermore, questions are looming on how the aforementioned tough approach both at the regional and national level will contribute to a decrease in drug-related crimes; indeed existing

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Similar trends also applies for drug cases and drug offenders in other ASEAN countries. In Thailand for instance, between 2009 and 2014, the number of drugs cases more than doubled from about 151,000 to about 347,000 (see figure 2). The number of registered drug offenders also rose at a similar rate from nearly 168,000 in 2010 to almost 366,000 in 2014 (see figure 2). Drug offenders account for nearly 77% of all prison inmates in Thailand.

Figure 2. Drug Cases & Drug Offenders in ThailandSource: Nation Multimedia

Indonesia also experiences a similar situation in terms of increasing numbers of drug cases and offenders. On June 2015, there were 4.2 million drug users in Indonesia. This number increased significantly to 5.9 million drug users in only five months. According to the Indonesian Coordinating Ministry of Political, Legal and Security Affairs, there was also an increase of 13% of drugs cases from 2014 to 2015.

data points to the contrary.

A recent report by the UNODC shows overall estimates that indicate increasing production of opium, amphetamine-type stimulants (ATS) and new psychoactive substances (NPS).13 In the past seven years, seizures of ATS in the Asia-Pacific region has almost quadrupled, from 11 tons in 2008, to 40 tons in 2013.14 Opium production in the Golden Triangle - an area formed roughly by the upland frontier areas of Thailand, Laos, Myanmar and China - has also doubled after a decade of stark reduction and climbed back to its highest output levels since 2003.15 Together with Afghanistan, the region serves as the major source of global opium supply. The lack of robust and effective border management and regional maritime security enforcement capabilities also helps to make the region a crucial transit area for the distribution of drugs across the region and beyond. The region is also vital in the global drug supply-demand chain in terms of market. The figure below provides more detailed information on the increase of Methamphetamine seizures in the two most vocal ASEAN countries on drug-related issues.

Figure 1. Seizures of Methamphtemine (in Kilograms)Source: UNODC Drug Seizures Report

Based on the data above, the seizure of Methamphetamine in Indonesia from 2010 to 2014 has almost doubled from 649 kilograms to 1125 kilograms. Meanwhile, the Philippines shows an even greater increase from 63 kilograams in 2010 to 718 kilograms in 2014.

Indo

nesi

aPh

ilippi

nes

2010

2010

2014

2014

649

63

1125

718

Drug

Cas

esDr

ug

Offe

nder

s

2010

2010

2014

2014

151000

168000

347000

366000

Figure 3. Drug Cases in Indonesia (2013-2015)Source: National Narcotics Board

Against the aforementioned data, it is time to reconsider whether ASEAN’s commitment to address drugs back in 1998 and 2000 have translated into positive intended result.

Problems with ASEAN’s approach towards a Drug-Free ASEAN

There are indeed problems with the current ASEAN approach towards creating a Drug-Free region. While original focus of a Drug-Free ASEAN is the ‘health and welfare of humankind’, in practice, there has been an overwhelming focus on punishment, law enforcement and criminal justice. This has had several implications for the public and on human rights. For example, it promotes stigma and discrimination for users who are arguably victims that need treatment rather than criminals that require punishment, undermines evidence-based public health responses and undermines human rights.16

Repressive and Punitive ApproachThe high rate of extra-judicial killing is no doubt a major violation of human rights. Alarmed voices have resonated from regional and international human rights groups as the death toll continues to increase.

In the Philippines, President Rodrigo Duterte’s ‘kill-all-the-drug-lords’ campaign has left some thousands of alleged drug criminals shot dead on the streets, two-third of which were murdered by unknown assailants and without any legal processes followed. In Indonesia, President Jokowi

A New Approach to a Drug-Free ASEAN 6

says the country is facing a “drug emergency” and refuses to halt widely-criticized death penalties for drug-related crimes. Indeed, Indonesia and the Philippines are among only 33 countries in the world that uses the death penalty for drug offenses.

There is also an issue of prison inadequacy to hold prisoners—most of whom are charged with drug-related offenses. In Indonesia for instance, there are 197.158 detainees and prisoners— of which 47% are related with drugs offenses—while the actual capacity of the prison is only 118.692 people. This trend of overcrowded prisons is also seen in Thailand, Malaysia and The Philippines.

Figure 4. Number of Offenses in Indonesia’s Overcrowded Prisons

Source: Community Legal Aid Institute (LBH Masyarakat)

Other data shows that out of 61,008 drug offenders, 61% of them are drug dealers while 38% of them are categorized as drug users. Experts argue that this is a very questionable and problematic approach, since some users are not charged under the drug use article, and instead, they are only being punished under the lesser crime of possession article.

Figure 5. Number of Offenses in Indonesia’s Overcrowded Prisons

Source: Community Legal Aid Institute (LBH Masyarakat)

Num

ber o

f Cas

es2013

2015

2014

165

394

398

68654

37814

61008

23194

DrugOffenses47%

DrugUsers38%

OtherOffenses

53%

Drug Dealers

61%

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Stigma and DiscriminationAs previously mentioned, many ASEAN countries employ a ‘tough on drugs’ notion, which translates into stigmatization for drug users. For example, while non-drug users are perceived as clean, this in turn leaves drug users being labeled as the opposite. UNODC also reported that this system creates exclusion and marginalization of drug addicts at a time when they require treatment, rehabilitation and reintegration into society.17

Instead of pushing for repressive and punitive approach, these people deserve the highest standard of attainable physical and mental health, covering access to treatment and service and not being detained or incarcerated. In reality such drug addicts face discrimination, marginalization and criminalisation that ignores their human rights.18

Criminalizing drug users through punitive enforcement brings several consequences. For example it severely harms their employment prospects making it harder for them to reintegrate into society. Furthermore, their standards of social welfare can be significantly reduced because drug offenders are not entitled to such opportunity.19

This burden is carried heavily especially by those marginalized and vulnerable population. Several groups that have been identified as bearing the most cost in the region’s tough ‘war on drugs’ regime are: ethnic minorities, women, children and young people, indigenous people and people living in poverty.20

Conclusion and Policy Recommendation

Indeed, it becomes clear that ASEAN’s current approach to drug use is not working very well. There is a need for ASEAN member states to review and acknowledge its shortcomings and to finally come up with a new evidence-based strategy to solve the drug-related issues in Southeast Asia. As such, this edition of ASEAN Briefs would like to offer some recommendations so that ASEAN can

go beyond the use of deterrence and punishment which has failed to bring positive results and only threatens human rights and dignity.

First, putting forward a humane approach in this issue. There have been many cases explained previously in which the punitive and repressive treatment did not contribute to ASEAN’s grand goal of achieving a Drug-Free region. The production, demand, and trafficking of illicit drugs and substances is a serious threat to people’s health and welfare. Therefore, an alternative approach—a humane one—based on actual evidence needs to be explored, so that drug policies can address the core aspects of social welfare and public health. Instead of being labeled criminals, drug users need to be treated as humans who require special treatment.

Second, creating a free-stigma society over drugs, as this can lead to further marginalization. Labeling drug users with negative rhetoric would cost many disadvantages to these vulnerable group of people. Instead, by referring to the original goal of the ‘health and welfare of mankind’, creating programmes that promotes social integration is a crucial step to take the initiative further.

Third, strengthening the legal instrument and fair judicial process in each of the ASEAN member states. The right to prosecute drug-related actors cannot be merely given to citizens in general without any fair and open judicial process. Furthermore, a clear line should also be drawn in order to distinguish which groups receive health treatment and which ones require different approach. It is not a one-size-fits-all prescription. It is understandable when some countries are eager to be seen as a champion in the War on Drugs. However, this should not jeopardize other important principles that the international world upholds.

A New Approach to a Drug-Free ASEAN 8

1. ASEAN Secretariat, “ASEAN Declaration of Principles to Combat the Abuse of Narcotics Drugs,” http://asean.org/?static_post=asean-declaration-of-principles-to-combat-the-abuse-of-narcotics-drugs-manila-26-june-1976

2. United Nations Office on Drugs and Crime (UNODC),“Drug-Free ASEAN 2015: Status and Recommendations,” pp. 5

3. Ibid., pp 74. Ricky Gunawan (Director of the Community

Legal Aid Institute) during Talking ASEAN on “Drug Policies in Southeast Asia: Towards a More Humane Approach?”, 13 October 2016

5. Ibid.6. Phelim Kine, “Indonesia President Jokowi

May Rethink Death Penalty Policy,” https://www.hrw.org/news/2016/11/10/indonesia-president-jokowi-may-rethink-death-penalty-policy

7. Marguerite Afra Sapiie, “Jokowi told to asses deterrent effect of death penalty,” The Jakarta Post, http://www.thejakartapost.com/news/2016/10/20/jokowi-told-to-assess-deterrent-effect-of-death-penalty.html

8. “Bali Nine: Indonesian president rules out clemency for inmates on death row,“ The Guardian, https://www.theguardian.com/world/2014/dec/10/bali-nine-indonesian-president-rules-out-clemency

9. “Philippines President Rodrigo Duterte says he ‘doesn’t give a s*** about human rights’ as 3,500 killed in war on drugs”, Independent, http://www.independent.co.uk/news/world/asia/philippines-president-rodrigo-duterte-

doesnt-give-a-s-about-human-rights-war-on-drugs-civilians-a7365156.html

10. Ted Regencia & Mohsin Ali, “Philippines: Death Toll in Duterte’s war on drugs,” Al Jazeera, http://www.aljazeera.com/indepth/interactive/2016/08/philippines-death-toll-duterte-war-drugs-160825115400719.html

11. UNODC, Op. Cit., pp. 512. Arief Wicaksono Sudiutomo (Deputy of Law

and Cooperation, Indonesia National Narcotics Agency) during Talking ASEAN on “Drug Policies in Southeast Asia: Towards a More Humane Approach?”, 13 October 2016

13. “East and South East Asia,” International Drug Policy Consortium, 2016, http://idpc.net/policy-advocacy/regional-work/east-and-south-east-asia.”

14. Tom Fawthrop, “’Drug-Free’ ASEAN by 2015?,” The Diplomat, http://thediplomat.com/2015/08/drug-free-asean-by-2015/

15. Ibid.16. Ricky Gunawan, Op. Cit.17. Count the Cost, “50 Years of the War on

Drugs,” http://www.countthecosts.org/sites/default/files/Stigma-briefing.pdf

18. Ibid.19. Levi, R and Appel, J, “Collateral

Consequences: Denial of Basic Social Services Based Upon Drug Use”, Drug Policy Alliance, http://www.drugpolicy.org/docUploads/Postincarceration_abuses_memo.pdf

20. Count the Cost, , Op. Cit., pp. 11

References

Check out our latest edition of ASEAN Briefs and download at

http://thcasean.org/publication

Talking ASEAN is a monthly public dialogue held at The Habibie Center in Jakarta. Covering a wide array of issues related to ASEAN, Talking ASEAN addresses topics of: Economic Integration, Socio-cultural, & Democracy, human rights and regional peace, among others. Featuring local and visiting experts, Talking ASEAN is one of a series of twelve dialogues regularly held each month and open to a target audience consisting of ASEAN officials, foreign ambassadors & diplomats, academics, university students, businesses, and the media.

The Habibie Center was founded by Bacharuddin Jusuf Habibie and family in 1999 as an independent, non-governmental, non-profit organisation. The vision of The Habibie Center is to create a structurally democratic society founded on the morality and integrity of cultural and religious values. The mission of The Habibie Center are first, to establish a structurally and culturally democratic society that recognizes, respects, and promotes human rights by undertaking study and advocacy of issues related to democratization and human rights, and second, to increase the effectiveness of the management of human resources and the spread of technology.

About The Habibie Center

About ASEAN Studies Program

About Talking ASEAN

The ASEAN Studies Program was established on February 24, 2010, to become a center of excellence on ASEAN related issues, which can assist in the development of the ASEAN Community by 2015. The Habibie Center through its ASEAN Studies Program, alongside other institutions working towards the same goal, hopes to contribute to the realization of a more people-oriented ASEAN that puts a high value on democracy and human rights. The objective of the ASEAN Studies Program is not merely only to conduct research and discussion within academic and government circles, but also to strengthen public awareness by forming a strong network of civil society in the region that will be able to help spread the ASEAN message. With the establishment of ASEAN Studies Program, The Habibie Center aims to play its part within our capabilities to the ASEAN regional development.

Cover Image: Opium Poppy Cultivation, Myanmar http://www.mmbiztoday.com

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