Drug Policies in Southeast Asia: Towards a More Humane Approach?

Discussion Report Talking ASEAN

No.27 / October 2016

On Thursday, 13 October 2016, The Habibie Center hosted a Talking ASEAN public dialogue entitled, “Drug Policies in Southeast Asia: Towards a More Humane Approach?” at The Habibie Center Building in Jakarta.

This edition of Talking ASEAN was moderated by Mr. Muhamad Arif (Researcher, ASEAN Studies Program, The Habibie Center) and featured an expert panel made up of Irjen. Pol. Drs. Arief Wicaksono Sudiutomo (Deputy of Law and Cooperation, National Narcotics Agency/BNN), Ms. Dwi Ria Latifa (Member of Commission III, House of Representative, Republic of Indonesia), Dr. Ali Wibisono (Lecturer, International Relations Department, University of Indonesia), and Mr. Ricky Gunawan (Human Rights Lawyer and Director of the Community Legal Aid Institute).

The objectives of this Talking ASEAN were to: (a) explore the current state of drug-related crimes in Indonesia and Southeast Asia in general; (b) find the best possible approach to address drug-related crimes based on Southeast Asian countries’ respective experiences; (c) identify the pros and cons of adopting ‘harder’ and ‘softer’ approaches to drugs; and (d) discover the challenges and opportunities for Southeast Asian countries to work together to improve regional drugs policies.

This discussion report summarizes the key points of each speaker, as well as the question and answer session that followed.

Introduction: Recommendations:

Among the key recommendations that emerged from this particular Talking ASEAN public dialogue were:

• To reexamine the ‘war on drugs’ approach in light of existing evidence that suggest the ineffectiveness of such a hard approach, instead exploring socio-economic and human security aspects including treatment programs, education, civic action and developing an anti-drug ethos in society;

• To recognize that addressing the issue of drugs is not the task of one single actor/agency working alone, but one that requires a collective effort involving all stakeholders at the different strata of society from the regional, national to local levels. Cooperation among member-states is key.

• To strengthen the legal instruments and develop a fair judicial process in each of the ASEAN member states so as to produce a conducive environment at the regional level for a strong and effective ASEAN mechanism to address the issue of drugs.

Introduction & Recommendations - Discussion Report Talking ASEAN1

October 201613 Thursday,

IN MID-JULY THIS YEAR, THE NATIONAL NARCOTICS AGENCY CONDUCTED A CONFERENCE WITH THOSE FROM OTHER ASEAN MEMBER STATES TO ESTABLISH THE ASEAN SEAPORT INTERDICTION TASK FORCE (ASITF)... THIS INITIATIVE IS IMPORTANT BECAUSE 80% OF DRUG SMUGGLING COME FROM THE SEA AND ENTERS THROUGH SEAPORTS.

Irjen. Pol. Drs. Arief Wicaksono SudiutomoDeputy of Law and Cooperation, National Narcotics Agency/BNN

The first to speak was Irjen. Pol. Drs. Arief Wicaksono Sudiutomo who explained BNN’s scope of work within the framework of Indonesia’s national policy on drugs. It was noted that BNN not only deals with drugs eradication, prevention or rehabilitation, but that is is also expanding its reach by conducting empowerment programs for society.

In the drug eradication part, Mr. Sudiutomo explained that BNN conducts a thorough investigation, from the bottom to the top level—from the users to the dealers. In the case of drug users, the BNN considers them as victims who need special treatment through rehabilitation. For drug prevention, the BNN establishes cooperation, either formal or informal at any level. Mr. Sudiutomo explained that there was recognition that BNN would not be able to work alone. Therefore, the agency requires assistance from other law enforcement agencies, such as the police or attorney general so that there is a collective effort against the problem of drugs.

Indeed, during the International Day Against Drug Abuse and Illicit Trafficking last June, President Joko Widodo formally mentioned that the country is in a state of emergency in relation to the drugs problem, hence an enhanced cooperation has to be done on every levels.

ASEAN Leaders had declared the year of 2015 as the deadline for a ‘Drug-Free ASEAN.’ As part of this endeavour, Mr. Sudiutomo argued that close cooperation is needed among ASEAN member states. Mr. Sudiutomo went on to explain that in mid-July this year, BNN conducted a conference with other member states to establish ASEAN Seaport Interdiction Task Force (ASITF) to monitor the drug trade within the 10 ASEAN member states. This initiative is considered important because 80% of drug smuggling come from the sea and enters through seaports. BNN is involved in the ASEAN Ministerial Meeting on Drug Matters, which was held in Bangkok, Thailand this October. In addition to that, BNN also attended the ASEAN Senior Officials Meeting on Drug Matters (ASOD).

Finally, Mr. Sudiutomo concluded that against the aforementioned explanation BNN has shown that it is very committed in their fight against drugs. Comr. Gen. Budi Waseso, the Head of BNN is very serious about it. For drug users, BNN has launched five rehabilitation centers across Indonesia in collaboration with hospitals or local community health centers, to better assist drug users and address their problems in an integrated assessment facility.

Speaker’s Presentation - Discussion Report Talking ASEAN3

Ricky GunawanHuman Rights Lawyer and Director of the Community Legal Aid Institute

INDONESIA’S PRISONS HOST A TOTAL OF 197,158 DETAINEES AND PRISONERS, IN WHICH 47% OF THEM ARE RELATED WITH DRUGS OFFENSES. SIMILAR TRENDS ALSO APPLY IN THAILAND, MALAYSIA AND THE PHILIPPINES.

Speaker’s Presentation - Discussion Report Talking ASEAN5

Mr. Gunawan began by stressing a common phenomenon seen in every country in ASEAN with regards to how they dealt with their respective drug problems. He noted these countries have certain similarities in their approach: repressive drug laws driven by the vision for a drugs-free ASEAN.

He went on to highlight some important milestone in the so-called ‘War on Drugs’. In 1998, ASEAN initiated a Joint Declaration for a Drug-Free ASEAN in order to eradicate illicit drug production, processing, trafficking and use in ASEAN by the year 2020. This vision was in line with the UN endeavour through the 1998 UN General Assembly Special Session on the World Drug Problem, which aimed to achieve a drug-free world in 2019.

This deadline was later pushed forward following the 1998 summit. Mr. Gunawan also argued that the anti-drug movement has always been closely related with racial sentiment. For example, back in 1920s in the United States, the anti-marijuana movement targeted Mexican immigrants. In the 1960s, it was targeted towards African-American, and in the 1970s anti-opium laws were targeted towards the Chinese.

The Joint Communiqué of the 33rd ASEAN Ministerial Meeting in 2000, agreed that ASEAN member states need to enhance joint efforts, especially in response to newly emerging drugs, such as Amphetamine-type stimulants. This led to an advanced target to realize a drug-free ASEAN from 2020 to 2015.

Mr. Gunawan proceeded by presenting the report from the UNODC on drug seizures. The data showed a massive increase from the year 2010 to 2014 in several countries. In Thailand, for example, between 2009 and 2014, the numbers of drugs cases more than doubled from about 151,000 to about 347,000. The number of registered drug offenders also rose at a similar rate from nearly 168,000 in 2010 to almost 366,000 in 2014. Drug offenders account for nearly 77% of all prison inmates in Thailand.

At the same time, Indonesia faces similar threats. 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 Coordinating Ministry of Political, Legal and Security Affairs, there was also an increase of 13% of

drugs cases from 2014 to 2015. Referring to this data, questions are looming on how effective is ASEAN’s current approach in dealing with the drugs problem and whether it has yielded its intended result.

Another issue that Mr. Gunawan brought to the audience’s attention is the inadequacy of Indonesia’s prisons to host the total of 197,158 detainees and prisoners, in which 47% of them are related with drugs offenses. Apparently, similar trend also applies in Thailand, Malaysia and the Philippines. Mr. Gunawan argued that this is a very questionable and problematic approach, since some users are not charged under the drug use article, and punished under possession article instead.

From an ASEAN perspective, the original focus of ASEAN’s ‘War on Drugs’ is the ‘health and welfare of humankind’. However, in practice, there has been an overwhelming focus on punishment, law enforcement and criminal justice. This approach has brought several consequences to the public and from a human rights angle. For example, it promotes stigma and discrimination, undermines evidence-based public health responses and undermines human rights.

At the end of his presentation, Mr. Gunawan emphasized that our current approach of a ‘War on Drugs’ is no longer relevant. When the existing evidence points to different results, it is time for us to explore new approaches to find better ways in dealing with the current drugs problem.

Dr. Ali WibisonoLecturer, International Relations Department, University of Indonesia

COOPERATION AMONG DRUG ENFORCEMENT OFFICERS IN ASEAN HAVE BEEN HINDERED BY LANGUAGE BARRIERS, STRUCTURAL OR ORGANIZATIONAL DIFFERENCES AND VARIATIONS IN TRAINING LEVELS AND DATA COLLECTION TECHNIQUES.

Speaker’s Presentation - Discussion Report Talking ASEAN7

Dr. Wibisono recognized that the production, trafficking and consumption of illicit drugs has been a grave threat to the safety and well-being of individuals in the region. It is part of the region’s and the wider world’s common problem. He argued that now is the time to consider shifting the approach from traditional national security orientation to human security, given that it also brings significant impact on individual human beings and especially to the marginalized groups.

Dr. Wibisono went on to address the state of the problem. Southeast Asia has the largest numbers of users of amphetamine-group users with up to 20.7 million users. The production, trafficking and consumption of amphetamine-type stimulants (ATS) -- amphetamine-group and ecstasy-group substances - have increased substantially. In 2014, crystalline methamphetamine was the primary drug of concern in Brunei Darussalam, Cambodia, Indonesia, Japan, the Philippines and the Republic of Korea, while methamphetamine tablets were the main drug of concern in the Lao People’s Democratic Republic and Thailand.

There is also the socio-economic aspect to the problem of drugs. UNODC crop monitoring surveys confirm that poverty is one of the enabling factors of the illicit cultivation of coca leaves and opium poppies. For example, the latest survey of illicit cultivation in Myanmar found that the reasons for illicit opium poppy cultivation were predominantly income related. The income generated by illicit opium poppy cultivation in certain villages was enough to buy food, to pay debt, and to pay household property expenses.

In the next part of his presentation, Dr. Wibisono explained the existing framework at the national level. In Indonesia and Singapore, cultivation and trafficking of narcotics, as well as its usage, are criminalized, but Vietnam recently decriminalized it. States in ASEAN all retain the death penalty for drug trafficking and the courts in each country sentence certain traffickers to death, some of whom are eventually executed. Dr. Wibisono added that the governments also share a ‘tough on drugs’ rhetoric, with drugs cast as a serious social evil. Some states never execute drug offenders despite laws prescribing capital punishment: laws are symbolic statements of strong national opposition to drug use and trafficking rather than a functioning death penalty policy.

Meanwhile, at the regional level, ASEAN Senior Officials Meeting on Drug Matters (ASOD) was established in 1984 to coordinate anti-drugs activities in the region. In 1998 the AMM produced a Joint Declaration for Drug-Free ASEAN by 2020, later pushed forward to 2015. However, there was no mention of funding, monitoring, implementation or compliance mechanisms to carry out specific projects on drug control. There is also the AMMTC (ASEAN Ministerial Meeting on Transnational Crime), ASEAN Chiefs of Police and ASOD focus on exchanging information, enhancing law enforcement cooperation, training, institution building and collaboration with extra-partners.

There are also some challenges facing regional efforts. First, drug enforcement officers have been hindered by language barriers, structural or organizational differences and variations in training levels and data collection techniques. Secondly, due to sensitive jurisdictional, information-sharing and extradition issues, national governments prefer to take measure at the national level, which have resulted in poor coordination with other governments. Member states are also slow in entering into strong ties with others they view as unreliable. Hence, the initiatives are mostly lead by states who have direct interests.

For his conclusion, Dr. Wibisono acknowledged that the illicit production, demand, and trafficking of illicit drugs and psychotropic substances is a serious threat to the health and welfare of population. There is an urgent need to combine legal sanctions with positive incentives in order to create a climate where non-users are reluctant to start consuming illicit drugs, including treatment programs, education, civic action, and developing anti-drug ethos, as well as to treat current users.

Dwi Ria Latifa Member of Commission III, House of Representative, Republic of Indonesia

40% OF DRUG TRAFFICKING IN ASEAN OCCURS IN INDONESIA. THE LEVEL OF DRUG ABUSE IS VERY WORRYING AS IT HAS PENETRATED ALL LEVELS OF INDONESIAN SOCIETY... THERE ARE ALSO EVIDENCE WHERE PUBLIC OFFICIALS ARE ALSO PARTAKE IN SUBSTANCE ABUSE.

Speaker’s Presentation - Discussion Report Talking ASEAN9

As a member of Commission III, House of Representative, Republic of Indonesia, Ms. Latifa explained that the Commission has been working closely with BNN, the National Police, the Attorney General, as well as the Ministry of Law and Human Rights, Republic of Indonesia.

Ms. Latifa continued to explain the state of drugs use in Indonesia. 40% of drug trafficking in ASEAN occurs in Indonesia. The level of drug abuse, according to Ms. Latifa, is very worrying as it has penetrated all levels of Indonesian society. There have been a number of cases where students are the victims. Moreover, there are also evidence where public officials are also partake in substance abuse.

Indonesia has several laws addressing drug abuse. In some of the laws, the death penalty is applicable. During the Constitutional Court’s judicial review in 2007, the death penalty was maintained based on the Court’s view that drug abuse and related crimes was a most serious offense against humanity in the Republic of Indonesia. As such, it called for special treatment and the imposition of the maximum punishment. Ms. Latifa argued that the practice of the death penalty is based on Indonesia’s 1945 Constitution, which mentions: “Indonesia is a Nation based on Law” (Indonesia adalah Negara Hukum). In this concept, the nation has legal supremacy in order to establish truth and justice.

Furthermore, the death penalty policy has evoked different responses and opinions from society. Despite all of these controversies, Ms. Latifa emphasized that Commission III, based on its mandate and function, is responsible for law enforcement and making sure that law enforcers apply the law without exception.

Ms. Latifa pointed out that BNN is one of the leading actors in the ‘War on Drugs’. With all of its challenges and opportunities, she believed that BNN has brought tremendous achievements in the fight against drugs in Indonesia. Finally, she emphasized that we need to understand Indonesia’s commitment first before exploring the regional possibilities in mitigating the negative impacts of drugs.

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Question and Answer• First, we talked about ASEAN as an

institution and there has been a lot of policies related to the ‘War on Drugs’. However, how effective can ASEAN convince countries like Myanmar, Laos, and Vietnam (where the so-called “golden triangle” of drugs production) to support this endeavor when those countries have committed the most. Secondly, which one is more effective, an ASEAN policy on drugs or individual countries’ on drugs?

• Related to the previous question, what is more effective in terms of drug policy? The discussions have been brought up since 1990s and sped up to 2015. Even if these are old initiatives, they need to be taken into consideration. Especially Indonesia, it needs to step up since we are the de facto leader of ASEAN. However, at the same time Indonesia is also the biggest in terms of drugs use and abuse. How far has the government tried to synchronize policies made in the country to the regional level?

Muhamad ArifResearcher, ASEAN Studies Program

The Habibie Center, moderates the discussion.

Irjen. Pol. Drs. Arief Wicaksono Sudiutomo:On the issue of the effectiveness of cooperation among ASEAN member states, Mr. Sudiutomo mentioned that recently, BNN has made an official visit to Chiang Rai which used to be an opium field and the “Golden Triangle”. There has been a program by the King of Thailand to encourage the farmers to shift production of opium to other types of plantation. Indonesia learned from this experience, because according to Mr. Sudiutomo ASEAN countries share the same problem. Secondly, there is also an initiative led by the Indonesian government to regulate airport integration in order to establish database and provide platform to watch the circulation of drugs within Southeast Asia.

Mr. Ricky GunawanIn terms of policy, Mr. Gunawan considered that the current ‘War on Drugs’ policy is not working. He further added that the BNN and National Police needs to change the attention to the highest rank of drug traffickers, rather than the low level of drug offenders. Secondly, there is a need to address health problems, so there should be no punishment for people who consume certain drugs or who drink alcohol. There should be a separate regulation for these ones. From the campaign side, we do not need to dehumanize people who are affected by it.

Dr. Ali WibisonoWith ASEAN’s principle regarding conflict resolution, we cannot impose our decision on others. So instead, Dr. Wibisono suggested a generator of commitment, so at the end of the day it comes down to the member states’ willingness to mobilize resources in order to respond to the existing drug problems. The general thinking of ASEAN is that it is not a body that can impose sanctions and rewards. However it is a regional body that can generate commitment. Member states in ASEAN, especially the original five, already have high commitment in most of the issues despite the consensus principle.

Question and Answer - Discussion Report Talking ASEAN

Question and AnswerThe important thing is to utilize existing laws first. Whether it is going to be more humane or not, depends on the implementation. The government does not mean to overcrowd prisons, but the data is real and shows that the highest proportion of detainees are those related with drug-abuse crimes. The other option is to send drug users to rehabilitation or adopt a socio-economic approach. Commission III deals with the policy, so the regional dimension is BNN’s responsibility to cover.

• Little of us know that refugees are also one of the affected group in this drug issue. Therefore, the importance of having a humane approach is not only relatedwithdrugdealersortraffickers,but also to those marginalized group who are affected by it directly or indirectly.

Mr. Ricky GunawanThis is exactly why the current “Say No to Drugs” campaign is misleading. It creates a hateful sense towards drug and we keep associating everyone involved with drugs as something bad. This is a complex issue and cannot be easily solved through a simplistic ‘Say No to Drugs’ campaign.

Dr. Ali WibisonoI think Mr. Gunawan is quite unsure about what exactly our law enforcement response is to this legal issue. Deterrence is the concept that we use heavily in this matter. We deter people through punishment and reward. We have to be able to give life choices for people using drugs, not just criminalize everybody who are associated with drugs.

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PROJECT SUPERVISOR: Rahimah Abdulrahim (Executive Director) & Hadi Kuntjara (Deputy Director for Operations) | HEAD OF ASEAN STUDIES PROGRAM: A. Ibrahim Almuttaqi | RESEARCHERS: Fina Astriana, Muhamad Arif, Askabea Fadhilla, Agustha Lumban Tobing | FINANCE & ADMINISTRATION: Mila Oktaviani | LAYOUT & DESIGN: Rahma Simamora

ABOUT ASEAN STUDIES PROGRAM

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.

ABOUT TALKING ASEAN

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.

ASEAN Studies Program - The Habibie Center

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