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War on drugs hitting poor women hard: study
Pravit Rojanaphruk
The Nation

BANGKOK: -- The Thai government's notion of a war on drugs has done little to solve the actual problem and has led instead to a larger number of women being jailed for small-time trafficking and consumption, a researcher who just completed a study on women inmates said.

"The crime itself may actually be on the rise and has become more widespread. We need to ask ourselves if we're on the right path," Napaporn Havanond, who led a team of five to conduct the study, said. She has also published a book as part of the Kamlang Jai project under the auspices of HRH Princess Bajra Kitiyabha.

Napaporn, who presented the findings at a seminar organised by the Justice Ministry yesterday, said many women had been given long sentences for drugs found in their homes, when in reality the drugs may have belonged to their husband or boyfriend. She also cited cases in which women were allegedly lured into selling what they had at hand for personal consumption to undercover police.

About 85 per cent of female inmates are being held for drug-related offences and Thailand is said to have the world's highest number of women prisoners - almost 19,000 - after the United States.

The researcher said the notion of drug traffickers being enemies of the state significantly influenced judges into handing down unnecessarily severe sentences. Napaporn also questioned the existence of spies, who are often cited in court by police but have never appeared in person. She said in other democratic countries like Britain, these "spies" need to present themselves in court.

"Do these people really exist?" she asked.

Napaporn cited the case of an elderly woman given 11 years in jail for merely growing four marijuana plants in her backyard. The researcher also asked if the law puts poor people, notably women, at a disadvantage because they can't afford a competent lawyer.

Assoc Prof Sakchai Lertpanichphan, a lecturer of social welfare studies at Thammasat University, said in Switzerland, people were allowed to grow up to four marijuana plants for personal consumption. But in Thailand, he said, police choose to entrap women who may simply be users and turn them into small-time traffickers for monetary incentives.

"Up to 50 per cent of the inmates have been arrested due to this," he said, adding that drug-related cases are a reflection of socio-economic disparity. He went on to explain that poor people tend to become drug users in order to compensate for their low social and economic status.

He said the state should provide qualified lawyers to defend poor people who can't afford a lawyer themselves.

"We may need to rethink our policy [on the war on drugs]," Sakchai said, adding that those caught possessing traditional drugs such as marijuana and krathom leaves should not be given severe sentences and that the mandatory penalty needs to be adjusted.

Kitriya Achavanichkul, scholar and activist, meanwhile, urged a judicial review of cases where there is adequate reason to believe the prisoner may have been too harshly or wrongly sentenced.


-- The Nation 2013-05-15

[noitom]

Why doesn't Thailand have a concerted effort to go after the Thai Mr. Bigs instead of small time petty criminals and hand to hand dealers? Why doesn't the press make this drug dealing a major investigative cause and be relentless about it?

[OzMick]

Thailand has a "simple possession" law - if drugs are found in your house, vehicle or bag they are considered to be "yours". I am aware of one case where 8 people doing a shared expenses trip to Bangkok in the back of a pick-up were give 12 years each because a search found drugs in a bag that they all disowned. Strangely, the driver was the only person not charged.

Edited May 15, 2013 by OzMick

[Bellweather]

Why doesn't Thailand have a concerted effort to go after the Thai Mr. Bigs instead of small time petty criminals and hand to hand dealers? Why doesn't the press make this drug dealing a major investigative cause and be relentless about it?

Unfortunately the Mr. Bigs tend to be Mr. Somebody too and there's no incentive to go after them as it can be hazardous to your career, health and even life. The low level dealers are easy pickings and there's no worries, no potential fallout.

[RubbaJohnny]

With a late surge to bang up moe grannies I'm sure Thailand can surpass USA in prisoners of war.

Not much success against the South ,corruption,dengue or swine flu,floods or traffic so whacka few grannis growing weed show they are worth their salt.

[LuckyLew]

Good old Thailand

Jail all the small time dealers / mules and user instead of trying to get them to turn on the people higher up.

I guess if they pressed the small time people then too many big wigs higher up will be exposed for what they are.

Then again, they should be thankful that guy is still in dubuy or they might all be dead now

[hgma]

Too Many people unknown but drug related Laws in Laos are considered lean in comparing with neighboring countries.

The reason is that Laos (as the ONLY country in ASEAN) has labelled drug use and abuse in 3 categories.

1. recreational use (family discouragement )

2, regular use (community discouragement i,a village militia)

3. daily abuse (harsh treatment in rehabilitation centers)

Addicts (cat 3) are treated as patients by law and receive treatment instead of jail time.

As Laos moves forward in a fast pace,other countries in the ASEAN pac might be encouraged to look at the jurisprudence of Laos in this matter.

[hyperdimension]

Existing drug laws and their enforcement are not based on the harm that the drugs directly cause. The enforcement itself often cause more harm than the drugs themselves, especially in the case of soft drugs like cannabis. It's very much a waste of taxpayers money that could instead be put to much better and more productive uses.

People should become more aware of the differences in the levels of harm of different drugs. The common belief that all illegal drugs are harmful (and equally so) and that all legal drugs are safe is an extremely simple-minded misconception. The three scientific studies that I know of that have explored the harmfulness of various drugs are:

Drug harms in the UK a multicriteria decision analysis

Quantifying the RR of harm to self and others from substance misuse results from a survey of clinical experts across Scotland

Development of a rational scale to assess the harm of drugs of potential misuse

These studies show that alcohol and tobacco are even more harmful than many of the illegal drugs.

If there are other studies then please mention them.

Decriminalization, legalization, regulation, taxation, and education (about responsible use focused on harm reduction), starting with the least harmful illegal drugs like cannabis and MDMA is the best way forward.

Edited May 15, 2013 by hyperdimension

[seajae]

anyone that is involved in the drug trade in any way deserves everything they get, if that is jail time then so be it, why do these appologists make excuses for the idiots.

[hanuman2543]

"He said the state should provide qualified lawyers to defend poor people who can't afford a lawyer themselves."

Good idea, but where he wants to find them?

[HeavyDrinker]

It's a case of being seen to be doing something rather than actually having the tools/balls to attack the root of the problem.

Rest assured, come election time, these 'stats' will be bandied around and used as a tool to show how the government are 'winning' and being 'proactive' in the 'war on drugs'.

However, most ASEAN nations are losing their respective 'wars' on narcotics by embarrassing margins, Thailand included.

Why? Because votes and nice media soundbites - news reports showing mules found in possession, heads bowed while the police strut around in the background like they've landed a major coup - are more important (and so much easier) than actually getting their hands dirty and going after the big fish.

The honest truth is that ASEAN governments (and indeed ASEAN as a 'central body' if you will) have no idea where to even start. They constantly refuse, or merely pay lip service to foreign advice or assistance (too much work/risk).

They will continue to carry on in this manner as they have since time immemorial, pausing every 5 years to scratch their heads, pick their noses at endless committee meetings while they wonder why the drug problem is as bad as it ever was...then there'll be a few mules caught and everything's moving in the right direction again...

Such ideas like actually trying to educate populations get overtaken by pathetic nationalistic popularity contests as we saw in Thailand last year when some bright spark thought that by making the addicts wear a blue T shirt, sing nationalistic songs and have some bloke rattle on at them that doing drugs was 'un-Thai' would do the trick....

[waza]

Thaksins war on drugs targets his own supporter base, what an idiot.

[hyperdimension]

anyone that is involved in the drug trade in any way deserves everything they get, if that is jail time then so be it, why do these appologists make excuses for the idiots.

So you'd suggest putting the manufacturers of alcohol and tobacco into jail, as well as the owners of the shops (including Big C and 7-11) and bars and nightclubs that sell them?

Edited May 15, 2013 by hyperdimension

[hyperdimension]

Some of you seem to advocate going after the "big fish", assuming by the force of the law. This would escalate violence and loss of life for those who are involved in the enforcement and maybe even innocent people who are in the way (or are mistaken to be suspects).

It would be cleaner to attack them via market forces. Decriminalization and legalization would bring about competition and thus would take market share (and power) away from the monopolistic and violent criminal organizations. The end products would be safer for consumption too due to regulation and quality control in the manufacturing processes, which helps in the ultimate goal of reducing the harm that drugs have been seen to cause in society.

[thomash]

So this is how Thailand plans, as some government official stated recenlty, to get rid of all drugs within a few years, what a joke at the expense of some poor women.

[Thai at Heart]

Seems like arbitrary sentencing is the issue, but then that goes for the whole system on a multitude of cases.

Commit a crime in one part of the country, and get X as a sentence, do it elsewhere and get 10x.

[HeavyDrinker]

Some of you seem to advocate going after the "big fish", assuming by the force of the law. This would escalate violence and loss of life for those who are involved in the enforcement and maybe even innocent people who are in the way (or are mistaken to be suspects).

It would be cleaner to attack them via market forces. Decriminalization and legalization would bring about competition and thus would take market share (and power) away from the monopolistic and violent criminal organizations. The end products would be safer for consumption too due to regulation and quality control in the manufacturing processes, which helps in the ultimate goal of reducing the harm that drugs have been seen to cause in society.

If governments are serious about tackling the problem, it is the only true course of action. They have declared a 'war' so they must expect casualties on both sides...

I agree utterly with the second half of your post, however which government/politician would stand up and make such a statement in this region? They would be screamed down by their opponents as wanting to harm the people, being un-nationalistic etc in minutes.

It is one thing to suggest such ideas in Western Democracies - and even there such ideas, when voiced, have been met with fury.

To think that the tinpot political systems in place in the ASEAN region are geared up to accepting such sound, logical thought is wishful thinking in the extreme.

Nice to see a decent, well thought out post on this topic which usually tends to attract mostly imbecile comments as can be seen already...

Edited May 15, 2013 by HeavyDrinker

[thomash]

Some of you seem to advocate going after the "big fish", assuming by the force of the law. This would escalate violence and loss of life for those who are involved in the enforcement and maybe even innocent people who are in the way (or are mistaken to be suspects).

It would be cleaner to attack them via market forces. Decriminalization and legalization would bring about competition and thus would take market share (and power) away from the monopolistic and violent criminal organizations. The end products would be safer for consumption too due to regulation and quality control in the manufacturing processes, which helps in the ultimate goal of reducing the harm that drugs have been seen to cause in society.

I agree totally one problem is similar to the US the drug war has become big business for the government and others so they really do not want a simple, sane solution like this one. By the way the whole insane drug war was started by old tricky Dick Nixon as a way to try and stop the Vietnam protestors as a lot of them were using Marijuana so that was the real motivation for it all. Also Marijuana was made illegal in the US back in the 20's due to hemps industrial uses both remain illegal in most states to this day. The book the Emperor has no clothes goes into details about all this and more. So the whole drug war is built upon a big pile of BS that just keeps getting bigger!

[Time Traveller]

Strange story considering it's thailand - did anyone think that the law would apply fairly to the poor? Nevertheless this "poor women" have shorter sentences compared with other lesser "crimes".

[chainarong]

Drugs always create a lot of losers and no winners, the spies are possibly from another countries agency , so they are not operating in Thailand as such , so can not testify, lots of times the police here in Thai have acted on a tip off , without these spies, the Police would make very few, if any arrests at all. If you do the crime you do the time, so tough tities to the old tarts getting caught with small amounts of ice etc, . What perhaps Thailand needs is the Thaksin solution , however as evidence supports that method was not successful either, the Mr Big of this trade are too smart to be close to the action that the mules can identify them and they are not necessary from this country..

[Berkshire]

Good old Thailand

Jail all the small time dealers / mules and user instead of trying to get them to turn on the people higher up.

I guess if they pressed the small time people then too many big wigs higher up will be exposed for what they are.

Then again, they should be thankful that guy is still in dubuy or they might all be dead now

Isn't this how it is the world over? Why do you think the US spends billions fighting drugs and accomplish nothing? Thailand is not much different than anywhere else when it comes to dealing with the drug problem. Well, maybe not as harsh as Malaysia or some others...

[apetley]

Why doesn't Thailand have a concerted effort to go after the Thai Mr. Bigs instead of small time petty criminals and hand to hand dealers? Why doesn't the press make this drug dealing a major investigative cause and be relentless about it? 

Because in many cases 'Mr Big' is an employee of the Royal Thai Police.

The majority of journalism seems to be of the 'cut and paste' variety and anything major that is uncovered seems rarely to be pursued or followed up. Is it indifference or something else?

Sent from my GT-I9003 using Thaivisa Connect Thailand mobile app

[WhizBang]

anyone that is involved in the drug trade in any way deserves everything they get, if that is jail time then so be it, why do these appologists make excuses for the idiots.

Oh come on now. Most users are victims, not criminals. I do agree with going after, and dealing harshly, with the dealers. These are the real criminals, and the ones doing great harm to everyone in the community.

But they also need to go after all the untouchable Mr. Bigs. Deal very evry harshly with these guys as they like to stay in the shadows and out of sight. They think they are too important to touch.

Until Thailand drops the whole 'influence peddling' thing, there will never be any progress in this country.

[retell]

well it is good that some understand the difference between drugs and drugs

let us all hope the can make some legalisation like being allowed to have a few plants in the garden ( 1 is enough can grow up to 6 meter with a harvest over 25 kilo and this was on a patio in holland

[HarryMilton]

anyone that is involved in the drug trade in any way deserves everything they get, if that is jail time then so be it, why do these appologists make excuses for the idiots.

So you'd suggest putting the manufacturers of alcohol and tobacco into jail, as well as the owners of the shops (including Big C and 7-11) and bars and nightclubs that sell them?

I wouldn't think so, because they are not illegal.

[hyperdimension]

anyone that is involved in the drug trade in any way deserves everything they get, if that is jail time then so be it, why do these appologists make excuses for the idiots.

So you'd suggest putting the manufacturers of alcohol and tobacco into jail, as well as the owners of the shops (including Big C and 7-11) and bars and nightclubs that sell them?

I wouldn't think so, because they are not illegal.

I don't think seajae was suggesting to put drug producers in jail just because of the legal status of the drugs, but because of his misconceptions of their harmfulness.

Alcohol and tobacco might be legal but they are still very harmful as evidenced by the three separate scientific studies that I listed previously. Should alcohol and tobacco therefore be made illegal? Or should they remain legal, whilst the much less harmful drugs that are currently illegal made to be legal?

Edited May 15, 2013 by hyperdimension

[hyperdimension]

well it is good that some understand the difference between drugs and drugs

let us all hope the can make some legalisation like being allowed to have a few plants in the garden ( 1 is enough can grow up to 6 meter with a harvest over 25 kilo and this was on a patio in holland

There isn't actually any difference between "drugs and drugs". They are all just substances that can have an effect on the human body, including the brain and mind.

It is strange that a plant that has existed millions of years before humankind is now only recently (within this century) targeted by humans to be completely eradicated from the earth, and its growth, use and mere possession by humans strictly forbidden (but that is gradually changing back). A good paper about the history of cannabis and its use is this academic paper by Michael Pollan: Cannabis, Forgetting, and the Botany of Desire

Edited May 15, 2013 by hyperdimension

[hyperdimension]

If governments are serious about tackling the problem, it is the only true course of action. They have declared a 'war' so they must expect casualties on both sides...

Wars can be called off, but maybe it is in the interests of some people to keep the war on drugs going, a bit like the "war on terror". See where all the funding goes to find out in whose interests it is to keep these wars ongoing. Does Thailand receive funding from the USA for the war on drugs?

I agree utterly with the second half of your post, however which government/politician would stand up and make such a statement in this region? They would be screamed down by their opponents as wanting to harm the people, being un-nationalistic etc in minutes.

It is one thing to suggest such ideas in Western Democracies - and even there such ideas, when voiced, have been met with fury.

Increased public awareness of the findings from scientific studies (like those three that I listed earlier) would help shift the currently wrong perceptions about drugs. Start by talking about it with the people you know and meet. The awareness can spread. Possibly one day enough people would stop demonizing illegal drugs and their users just because of their illegality and "reefer madness"-like propaganda, such that the less harmful but currently illegal drugs can become legal and safer alternatives to highly harmful drugs like alcohol and tobacco. Edited May 15, 2013 by hyperdimension

[Baerboxer]

Too Many people unknown but drug related Laws in Laos are considered lean in comparing with neighboring countries.

The reason is that Laos (as the ONLY country in ASEAN) has labelled drug use and abuse in 3 categories.

1. recreational use (family discouragement )

2, regular use (community discouragement i,a village militia)

3. daily abuse (harsh treatment in rehabilitation centers)

Addicts (cat 3) are treated as patients by law and receive treatment instead of jail time.

As Laos moves forward in a fast pace,other countries in the ASEAN pac might be encouraged to look at the jurisprudence of Laos in this matter.

Not just ASEAN countries - maybe a few so called first world countries could learn something from this approach. Hope somebody or credible organization is carrying out some research on this. Enforcing harsh laws doesn't seem to work and only enriches the criminals more.

[pacovl46]

Take one look at the war America has been waging for the last three decades and the results it brought:

1. Trillions of tax dollars wasted on the "war" itself.

2. Prisons filled with drug offenders who do long-term and life sentences which in turn means more trillions of tax dollars wasted to accommodate them.

3. Drugs are still present.

Conclusion: war on drugs doesn't work. It's time to find alternatives!