Sunday Times 2
Planning to combat illicit drugs
View(s):By Chandra Wickramasinghe
It is indeed sad if not tragic, that despite the corrosive and devastating social effects of illicit drugs, successive administrations have not had the required political resolve and the unswerving commitment (with all the solemn pledges and hard resolutions made), to launch a sustained frontal onslaught on the organized purveyors of these substances whose horrific impact is increasingly felt on the physical as well as the economic well being of the people of this country. Everyday, newspapers carry reports of traffickers of heroin being nabbed and charged. The punishment laid down in the law for such offenders is death.
A detection of cocaine by Customs officials.
Despite the law clearly laying down the death penalty to drug traffickers, those caught and indicted in court, often got away lightly. Certain drug dealers, realising that their covert pressures were not having the desired effect, had the temerity to brazenly commit the killing of a respected judge who was coming down hard on their illegal activities. The public are happy to note that members of the judiciary have faced upto these terror tactics courageously by not being cowed by them in meting out justice to such criminal elements. Terror tactics should never be yielded to as it would be counter productive both in the short and the longer terms. Pusillanimity in the face of terror would only lead to a sequential enervation of the will to face daunting challenges and lead finally to abject capitulation.
Laws delays and the need to modernise investigative techniques
Many statutes in Sri Lanka need to be revised to bring them in line with social developments and to keep abreast of the new trends in criminal behaviour. The law enforcement authorities have similarly to update their investigative techniques to combat the rising wave of sophisticated crime. Laws delays constitute a major stumbling block to the expeditious dispensation of justice which latter is the mainstay of the confidence reposed by people in the judicial process and the criminal justice system. Modern social problems have to contend with an antiquated system of court procedures. The in-built inefficiencies of the criminal justice system are indeed starkly reflected in the tragically low rate of convictions recorded.
In Sri Lanka, stemming from certain religious sensitivities, the death penalty, although pronounced by court on criminals at times, is never carried out. However, with the rapid deterioration of law and order in the country, even eminent and highly respected religious dignitaries who are appalled by the heinous crimes perpetrated, seem now to be in favour of the restitution and the implementation of the death penalty, which they, probably have realised is the only effective deterrence to halt the alarmingly rising trend of grave crime. It is indeed not surprising that criminals have scant regard for the law in the knowledge that even if they are caught and indicted, the chances of conviction are minimal. The statistical probability of a criminal getting convicted, even if charged in court, is a shocking 4%! This is, if anything, only a sad reflection of an inefficacious criminal justice system that prevails in the country today. It is common knowledge that the prisons in the country, far from being reformatory institutions of delinquents and criminals, are now little more than the breeding grounds of hardened criminals. It is only too well known that criminal activities including drug trafficking, contract killings, heists etc. are hatched and orchestrated by mafia bosses from within the confines of prison walls, using the handy cell-phone.
What can one expect when thugs, racketeers and people of criminal inclination have a field day in the knowledge that the chances of their being incarcerated are somewhat remote. It is, as a cynic put it, a matter of law and disorder. There have been presidential commissions appointed to examine and report on the current state of law and order in the country. The recommendations made in these commission reports do not seem to have found favour in certain quarters which would be materially affected by their implementation. This is most unfortunate as the criminal justice system of the country which should take a good share of the blame for the parlous state of affairs in this regard and which needs to go through a complete revamping, continues to plod along the same tortuous ways and by-ways, much to the exasperation of the public.
I have dwelt on the deterioration of the law and order situation in the country and the resultant steep rise in grave crime, by way of an introductory note to the drug problem, as the latter is only symptomatic of the larger moral and socio-economic malaise that seems to afflict the entire polity of this island. What appears to be necessary is a searching appraisal of the overall current situation with a view to assessing the magnitude of the problem in all its dimensions. Once this is ascertained, the next step would be to map out strategies to combat the problem. These should comprise comprehensive preventive strategies and the necessary rehabilitative programmes. The former should be re-enforced by tough legislative measures which would effectively circumscribe and stymie the illegal activities of the drug lords who fund and organize the mafia networks. Educational programmes to build up awareness, particularly in the minds of the youth, should be organized sensitively and incorporated in the school curricula and disseminated via the electronic media. I am aware that certain corporate plans have been formulated by the National Dangerous Drugs Board to combat the drug problem.
There was in fact a comprehensive master plan prepared and adopted more than a decade ago which has only been desultorily implemented. One cannot underscore the key role strategic planning plays in the formulation of policies and their implementation in meeting challenges and successfully overcoming them. In this regard, it has to be remarked that the failure to react decisively and the resultant paralysing inaction in many areas of national policy, could only be attributed to the lack of or oftentimes the absence of, properly formulated strategies to meet exigent situations. We seem to be fast becoming a nation of crisis riders, looking on askance while things deteriorate and then suddenly blow up in one’s face! We then ride the resultant anarchic chaos the best we could and once the panic abates and a sense of normalcy returns, sit back and await the visitation of the next crisis. We do take things for granted far too much, exulting in the minor skirmishes we overcome while losing the bigger battles disastrously. It cannot be overstressed that ‘strategic planning’ is a sine qua non for the success of any major undertaking. What is necessary is the political resolve to formulate such strategies and the courage and the determination to put them into operation brushing aside the political fallout that is likely to follow. Certain inherited legacies and attendant commitments may at times restrict the room for strategic manoeuvre. But these should be thought through afresh and incorporated in revised forward plans. The stormy passage of the law against money laundering in Parliament some time ago, is a clear pointer to the desperation shown by the interest groups adversely affected by the enactment of such laws.
The tyranny of the demand curve
It is indeed a tragic irony that countries that are the biggest consumers are often those enthusiastically funding alternative development programmes to curb production on the supply side. Paradoxically, there do not seem to be tangible, determined efforts by such conspicuous consumers to stem an insatiable domestic demand. Human rights issues are often trotted out as excuses for non-interference in the liberties of individuals and the flourishing illicit trade is often winked at by law enforcement authorities in these countries. This presents a classic example of the tyranny of the demand curve which enslaves the hapless producer in most poor developing countries.
Drug trafficking being an area of organised criminal activity based on widespread corruption, the moral and social fabric of communities would be subjected to progressive erosion if such activity is not vigorously countered. Such criminal activity being insidious by nature, difficulties would lie in estimating it’s spread. One noticeable problem in Sri Lanka is it’s unsettling impact on the Criminal Justice System by the increasing numbers of persons arrested for drug related offences. A very high proportion of offenders consigned to remand prison are those taken in for drug related offences. It is therefore natural to expect widespread drug abuse inside prisons here. In fact, the estimated percentage of drug abuse in prisons in Sri Lanka viz. 45%, is the highest in the Asia/Pacific region! This is indeed a graphic illustration of the enormous dangers to society that lie ahead unless drastic policy measures are not immediately put in place to curb the menace.
Synthetic stimulants
With increasing incomes and rapidly changing lifestyles the problem of controlling a growing illicit market for synthetic stimulants poses a new threat to authorities as such markets are dynamic and expansive and continually innovating to stay ahead of controls. It is common knowledge that in night clubs, discotheques and even at private house parties in affluent households, teenagers are introduced to drugs like ecstasy. Peer pressure leads initially to delicate experimentation with these synthetics by these teenagers who end up getting permanently hooked onto them. Tragically, most parents remain blissfully unaware of these going-on till it is too late. In view of these alarming developments the need has arisen to develop the analytical capacity and the technical expertise to forecast such innovations by conducting research into the local demand for such stimulants as well the economic and social contexts within which the demand is articulated. This would enable the drawing up of appropriate preventive strategies to eventually eradicate the problem.
The proposed Alcohol and Drugs Control Authority
There has been a lot of euphoria of late, about the proposal being mooted to establish the authority. This authority will, it is believed, have as its objective the control and the long term curbing of the consumption of licit alcohol and cigarettes. From what has been reported in the news media the Government’s intention is to not to issue new liquor licences in the future. Although this appears to be done with the best of good intentions, having the health and well-being of the people in mind, the Government should at the same time be wary of the implications and the repercussions the proposal would have in the longer term. If total prohibition of licit alcohol is the end-objective of the proposed statute, one has only to look at the history of prohibition in the United States in the twenties and the thirties of the last century to see for oneself how disastrously such policies backfired and the damaging extent to which they were counter-productive of the originally posited end-objective. The prohibition law was one of the most nationally damaging exercises undertaken by the United States. It immediately resulted in the proliferation of illicit distilleries and moonshine country-wide. It also led to the spawning of gangster networks controlling the illicit liquor industry and further saw the origins of the dreaded Mafia which spread its tentacles to every conceivable illegal activity, working as a powerful ‘evil empire’ with controlling interests even in outwardly legitimate commercial enterprises, coming eventually to pose a serious threat even to legally constituted state authorities by the immense power it wielded and the horrific violence it unleashed across the country, to eliminate it’s rivals as well as to keep the law enforcement authorities at bay. By the time the State authorities realised their folly and abandoned the costly experiment, it was far too late as the new culture of violence and moral degeneracy had already entrenched itself in society. It is far better for the Government to encourage the tapping of coconut and kitul trees in the villages as kitul and coconut toddy are relatively wholesome drinks compared to the deadly kassippu that is bound to ravage the rural countryside once the control and eventual prohibition of licit liquor is legally enforced. The State authorities here will have to be acutely mindful of all these adverse repercussions before enacting any draconian legal measures to control and curb the consumption particularly of licit alcohol. In fact alcohol and cigarettes can no longer be treated as ‘gate way’ drugs as the majority of young people who are increasingly becoming health conscious nowadays, no longer treat them as fads. It is observed that youth who are now in search of quick ‘highs’ and ‘kicks’ are attracted to and ensnared more by hard drugs like heroin and synthetic stimulants like ecstasy that hold a much greater fascination to them, than cigarettes and alcohol. It is felt that the existing legislation to control licit drugs viz. serving liquor to underage persons, charging drunken drivers etc. would be quite adequate, if implemented assiduously. Such a course of action, combined with the on going health education programmes, the cautionary warnings on cartons and packs containing these licit items and the prohibition of advertisements of liquor and cigarettes, would serve in good measure to enlighten the public adequately in this regard. In a fit of over-enthusiasm, we should not find ourselves in the tragic predicament of falling from the proverbial frying pan, straight into the fire!
Demand/Supply reduction strategies
In the formulation of counter strategies to combat the drug menace, it is essential also to take cognizance of certain global trends which are being facilitated by the electronic media and the use of sophisticated techniques of transportation combined with the enormous power and wealth behind the cartels that operate these international networks. Any counter measures, to be effective, will have to match the sophistication and subtlety and deviously innovative methods of these traffickers. There was also the invidious factor of narco-terrorism confirmed beyond doubt by the large numbers arrested and interdicted both locally and abroad.
In the final analysis, there is no gainsaying that, in a developing country like ours, it is only well formulated preventive strategies and implementational programmes that would make those involved in illicit drugs, move away from its production and consumption.
(The wrtiter is a Sri Lankan born British mathemetician and astronomer)