Mapping the Political Economy of Drugs and the Death Penalty in Southeast Asia
Lead Research Organisation:
University of Oxford
Department Name: Law Faculty
Abstract
UN data shows soaring production and trafficking of drugs across Southeast Asia. States have responded with a 'war on drugs', committing to criminal justice solutions over health measures. While some have used 'extrajudicial executions' of drug traffickers, most have increased judicial death sentences. They assert their sovereign right to determine which offences cause most serious harms within their communities and the appropriate punishments, claiming that capital punishment for drug crimes does not breach international law. They claim that those sentenced to death committed heinous drug offences and the public demands capital punishment to deter drug offending, claims that are tenuous given the recent rise in drug trafficking occurred concurrently with increasingly harsh penal responses. Our research will test the veracity of these assumptions and make a major contribution to our ongoing programme of research in Southeast Asia, including recent studies on public and 'elite' opinions (Hoyle, 2021a,b). Our research will challenge the efficacy of the death penalty, and rationales for retention for drug crimes, while developing scholarship on capital punishment in the region.
To better understand states' responses to drug offences, and contribute to the wider theorization of penal power, the project aims to gather qualitative and quantitative data on how Southeast Asian jurisdictions' criminal justice responses to drug offending are shaped by historical and contemporary power relations, politics and culture. Collecting original data alongside information held by statutory and civil society bodies, it will map who is sentenced to death for drug offences - including their race, gender, socio-economic status and citizenship-and why.
Focusing on Indonesia as a case study for Southeast Asia, interviewing drug offenders in prison and those in the community who are part of a drug crime network, we will explore the motivations for drug-related crime, considering contextual, situational and interactional factors that led some to commit serious drug offences while others resisted. In so doing, we will assess the extent to which the death penalty can deter potential drug offenders. This innovative research on deterrence will shift the theoretical, methodological and geographical focus away from the US, and develop scholarship on penal power and punishment regimes in the global south.
Our research findings will be widely disseminated through a variety of media. We will continue to develop our productive relationships with professionals and users of our research across Southeast Asia, especially in Indonesia. We will build a dissemination strategy attuned to these relationships, bringing relevant stakeholders into an ongoing dialogue, and building capacity among local academics. While some workshops and seminars throughout the project will be 'closed', to manage sensitivities, most dissemination will reach wide audiences, including scholars in the region, to achieve maximum awareness and to foster dialogue.
International human rights law has so far failed adequately to challenge the retention and administration of the death penalty in Southeast Asia. Robust theoretical and empirical research that identifies and confronts the boundaries of regional rationales and identifies means of shifting the discourse could change policy and practice. Where we have drawn on our empirical and theoretical work in the past, we have realised change, most recently in the PI and Co-I's written submissions to the government of Sierra Leone which resulted in abolition of the death penalty there, and we are currently using our research in a constitutional challenge to the death penalty in Guyana. These and other efforts in Asia demonstrate the potential for excellent academic research to inform policy and practice and to secure legal change when it is effectively harnessed for impact. Our work will assist local academics and partner NGOs in these efforts.
To better understand states' responses to drug offences, and contribute to the wider theorization of penal power, the project aims to gather qualitative and quantitative data on how Southeast Asian jurisdictions' criminal justice responses to drug offending are shaped by historical and contemporary power relations, politics and culture. Collecting original data alongside information held by statutory and civil society bodies, it will map who is sentenced to death for drug offences - including their race, gender, socio-economic status and citizenship-and why.
Focusing on Indonesia as a case study for Southeast Asia, interviewing drug offenders in prison and those in the community who are part of a drug crime network, we will explore the motivations for drug-related crime, considering contextual, situational and interactional factors that led some to commit serious drug offences while others resisted. In so doing, we will assess the extent to which the death penalty can deter potential drug offenders. This innovative research on deterrence will shift the theoretical, methodological and geographical focus away from the US, and develop scholarship on penal power and punishment regimes in the global south.
Our research findings will be widely disseminated through a variety of media. We will continue to develop our productive relationships with professionals and users of our research across Southeast Asia, especially in Indonesia. We will build a dissemination strategy attuned to these relationships, bringing relevant stakeholders into an ongoing dialogue, and building capacity among local academics. While some workshops and seminars throughout the project will be 'closed', to manage sensitivities, most dissemination will reach wide audiences, including scholars in the region, to achieve maximum awareness and to foster dialogue.
International human rights law has so far failed adequately to challenge the retention and administration of the death penalty in Southeast Asia. Robust theoretical and empirical research that identifies and confronts the boundaries of regional rationales and identifies means of shifting the discourse could change policy and practice. Where we have drawn on our empirical and theoretical work in the past, we have realised change, most recently in the PI and Co-I's written submissions to the government of Sierra Leone which resulted in abolition of the death penalty there, and we are currently using our research in a constitutional challenge to the death penalty in Guyana. These and other efforts in Asia demonstrate the potential for excellent academic research to inform policy and practice and to secure legal change when it is effectively harnessed for impact. Our work will assist local academics and partner NGOs in these efforts.
Organisations
Publications
Hasson, J.
(2024)
Thai Drug Offenses and Narcotic Charges: Tracing Thailand's Drug Control and Capital Punishment History
in Brooklyn Journal of International Law
Hoyle C
(2024)
National sovereignty versus universal human rights: Drugs and the mandatory death penalty in Singapore
in Amicus Journal
Hoyle C
(2024)
Diversion or death? The moral framework shaping bifurcated punishments for drug offences in Indonesia
in Drugs: Education, Prevention and Policy
| Description | Other Official Development Assistance (ODA) internal call |
| Amount | £46,763 (GBP) |
| Organisation | University of Oxford |
| Sector | Academic/University |
| Country | United Kingdom |
| Start | 11/2022 |
| End | 03/2023 |
| Description | Attendance at World Congress against the Death Penalty, Berlin, November 2022 |
| Form Of Engagement Activity | Participation in an activity, workshop or similar |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Third sector organisations |
| Results and Impact | From 15-18 November 2022, several members of the project team (Professor Carolyn Hoyle, co-I Parvais Jabbar and team members Daniel Cullen, Jocelyn Hutton and Lucy Harry) attended the 8th World Congress against the Death Penalty in Berlin, Germany. The World Congress event assembled staff from civil society organisations, academics, policymakers and researchers to take stock of progress towards universal abolition of the death penalty and the challenges faced along the way. Approximately 1000 participants from 90 countries were expected to be in attendance. During the event, Professor Hoyle and Jocelyn Hutton gave a presentation on the project team's research into the mapping of foreign nationals on death row in Asia and the Middle East, which was funded through ESRC-IAA awards until 2022. While this past project was the focal point of the event, the presenters also spoke about the team's plans to undertake a similar 'mapping' project of individuals on death row for drug offences, including in Southeast Asia, which is funded by the present ESRC grant. This workshop was a useful opportunity to make new contacts with well-placed individuals and organisations who may be able to provide data for this element of the study under this ESRC grant. |
| Year(s) Of Engagement Activity | 2022 |
| Description | Co-Investigator Parvais Jabbar issues press release on scheduled execution in Singapore |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Media (as a channel to the public) |
| Results and Impact | In April 2023, Co-Investigator Parvais Jabbar issued a press release in his capacity as Co-Executive Director of the Death Penalty Project, in response to the scheduling of an execution in Singapore. The press released, titled 'Singapore's imminent execution of Tangaraju Suppiah - Statement from The Death Penalty Project', concerned an individual case involving a conviction for drug offences, which the statement noted raised serious concerns regarding wrongful convictions and due process of law. The statement also made reference to the wider 'war on drugs' across Southeast Asia, leading countries to use increasingly harsh measures to deter drug-related crime, with the most vulnerable, socioeconomically excluded and foreign nationals being most likely to be impacted. The purpose of this activity was to draw international media attention to an imminent execution. |
| Year(s) Of Engagement Activity | 2023 |
| URL | https://deathpenaltyproject.org/statement-from-the-death-penalty-project-singapores-imminent-executi... |
| Description | Hosting a side event at the Harm Reduction International conference in Melbourne, Australia |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Third sector organisations |
| Results and Impact | In April 2023, Professor Carolyn Hoyle, Co-Investigator Parvais Jabbar and Awaludin Muzaki of partner organisation LBH Masyarakat hosted a side event at the 27th Harm Reduction International (HRI) conference in Melbourne, Australia - the largest international conference for public health, human rights and drug policy. The purpose of this event was to share new research exploring the pathways and social and economic motivations of individuals who had entered into the illicit drug trade in Indonesia. This event marked the official launch of the report Dealing with Punishment: Risks and Rewards in Indonesia's Illicit Drug Trade, commissioned by DPP in partnership with LBH Masyarakat and authored by Carolyn Hoyle, which is based on interviews with 57 prisoners serving long sentences in prison in Jakarta for serious drug offences. This report constituted the pilot study ahead of the larger programme of work on drugs, deterrence and the death penalty undertaken through this ESRC project, and the presentation at the HRI conference presented this research in the context of the emerging findings from the broader project. |
| Year(s) Of Engagement Activity | 2023 |
| URL | https://hr23.hri.global/ |
| Description | Hosting seminar with leading Malaysian academic on drug policy Professor B Vicknasingam |
| Form Of Engagement Activity | Participation in an activity, workshop or similar |
| Part Of Official Scheme? | No |
| Geographic Reach | Local |
| Primary Audience | Postgraduate students |
| Results and Impact | In June 2023, the project team hosted a seminar with a leading Malaysian academic on drug policy, Professor B Vicknasingam, who spoke to faculty and students at the University of Oxford about the criminalisation of drug use in Malaysia. Professor Vicknasingam is Professor of Addiction at the Centre for Drug Research, Universiti Sains Malaysia, and former Director of the Centre. He has more than 20 years of experience working with drug users both locally and internationally. Since 2015, he has been member of the United Nations Office on Drugs and Crime's (UNODC) World Drug Report Scientific Advisory Committee. He has also been a consultant for the World Health Organisation (WHO) and United Nations Development Program (UNDP) on issues related to drug use. His seminar focused on efforts to reform drug policy in Malaysia. Whilst Malaysia has taken steps to reform its use of the death penalty - including recently abolishing the mandatory death sentence, which applied to drug trafficking offences - people who use drugs continue to be punished with harsh laws. He reflected on the efforts of a group of researchers, legal practitioners, medical professionals and non-governmental organisations to advocate for changes to Malaysian drug policy with a view to decriminalising drug use. |
| Year(s) Of Engagement Activity | 2023 |
| URL | https://www.law.ox.ac.uk/content/event/drug-research-malaysia |
| Description | Interview with Carolyn Hoyle featured in University of Oxford's 'Oxford Profiles' series |
| Form Of Engagement Activity | A magazine, newsletter or online publication |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Public/other audiences |
| Results and Impact | In February 2023, an interview with Professor Carolyn Hoyle was featured in the University's of Oxford's 'Oxford Profiles' series on the main university website. In this series, leading academics and researchers from across the University's divisions talk about their lives, their work and their paths to Oxford. In the interview, Professor Hoyle discussed her journey towards research on the death penalty, beginning with research in other areas of criminology. She discussed current work on the 'Mapping the Political Economy of Drugs and the Death Penalty in Southeast Asia' project, saying "...I research the various stages of the justice process that lead to capital punishment as well as the experiences of being on death row. And, for the first time, I research the pathways to, and motivations for, engagement in crime, which I have not previously been interested in, as I try to test deterrence theory in relation to drugs and the death penalty in Southeast Asia." |
| Year(s) Of Engagement Activity | 2023 |
| URL | https://www.ox.ac.uk/news-and-events/oxford-people/Carolyn-Hoyle |
| Description | Knowledge exchange with The Council of Europe |
| Form Of Engagement Activity | A formal working group, expert panel or dialogue |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Policymakers/politicians |
| Results and Impact | As part of a Council of Europe event on deterrence and the death penalty, the project co-applicants presented emerging findings and background research to approximately 45 policymakers, INGO and IGO representatives and study participants in Strasbourg. Following formal presentations, there was an active discussion. |
| Year(s) Of Engagement Activity | 2024 |
| Description | Participation in International Society for the Study of Drug Policy conference |
| Form Of Engagement Activity | Participation in an activity, workshop or similar |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Third sector organisations |
| Results and Impact | On 22 November 2022, the PI (Professor Hoyle) and Co-I (Parvais Jabbar) attended an International drugs conference and held a series of meetings during the event with key drugs policy experts from various countries, explaining our research and generating interest in collaborations going forward. For example, we met with Professor Alex Stevens of Kent University, and with Dr Alexander Soderholm, Ines Hasselberg and Brendan Hughes from the European Monitoring Centre for Drugs and Drug Addiction (EMCCDA). Discussions focused on future collaborations for the ESRC Mapping Political Economy project, including knowledge exchange activities and gaining their expertise on International drug policy trends and developments. |
| Year(s) Of Engagement Activity | 2022 |
| URL | https://www.issdp.org/one-day-side-event-conference-to-lisbon-addictions |
| Description | Participation in advisory board on drug policy in Indonesia |
| Form Of Engagement Activity | A formal working group, expert panel or dialogue |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Policymakers/politicians |
| Results and Impact | During 2023 and 2024, Professor Carolyn Hoyle and Co-Investigator Parvais Jabbar participated in meetings with an advisory board on drug policy in Indonesia, involving several leading policymakers in the country. Members of the advisory board included Deputy Minister for Law and Human Rights Professor Edward O.S. Hiariej, Ambassador Todung Mulya Lubis, and Professor Harkistuti Harkisnowo of the University of Indonesia. The purpose of the participation in meetings with the advisory board members was to allow the project team to provide their expertise on drug policy and feed back emerging findings from the ongoing research to policymakers, as well as soliciting advice on research access during the fieldwork phase and receiving updates on developments in policy and practice. |
| Year(s) Of Engagement Activity | 2023,2024 |
| Description | Participation in closed-door roundtable event on drug policy and the death penalty in China |
| Form Of Engagement Activity | A formal working group, expert panel or dialogue |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Professional Practitioners |
| Results and Impact | In February 2024, Professor Carolyn Hoyle, Co-Investigator Parvais Jabbar and Project Manager Daniel Cullen attended a closed-door roundtable event on the death penalty for drug offences in China, hosted by the Great Britain-China Centre in London. This expert dialogue event featured participants from the project 'Partnerships for reform: Restricting the use of the death penalty in China', a collaboration between the Great Britain-China Centre and the National Institute of Legal Aid, China University of Political Science and Law (NILA). The objective of the collaborative project is to contribute towards the reduction and restriction of the application of the death penalty in China and to provide better protection for the rights of criminal defendants in capital cases. Participation in this roundtable event provided unique insights into the development of China's criminal law in relation to the death penalty and drug offending, with relevance for our wider research elsewhere in Asia. |
| Year(s) Of Engagement Activity | 2024 |
| URL | https://gbcc.org.uk/ |
| Description | Participation in drug laws in Asia workshop in Singapore |
| Form Of Engagement Activity | Participation in an activity, workshop or similar |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Other audiences |
| Results and Impact | In June 2023, Professor Carolyn Hoyle and Co-Investigator Parvais Jabbar participated in a research workshop on drug laws in Asia, hosted in Singapore by the Yong Pung How School of Law, Singapore Management University. The workshop was organised by Professor Chan Wing Cheong of Singapore Management University, Professor Mai Sato of Monash University and Michael Hor of the University of Hong Kong. The purpose of the workshop was to exchange knowledge and expertise on measures taken in Asia to combat drug offences, and in particular, the use of the death penalty for such offences, with participants covering drug law and policy in countries including China, Indonesia, Iran, Malaysia, Singapore, Thailand, the Philippines and Vietnam. Professor Hoyle and Parvais Jabbar's presentation at the workshop was titled 'Pathways to prison: Economic, personal and relational motivations for drug offending in Indonesia'. Outcomes include the publication of this paper as part of a forthcoming edited collection on the topic of drug laws in Asia from Cambridge University Press. |
| Year(s) Of Engagement Activity | 2023 |
| URL | https://www.linkedin.com/posts/smuyphsl_smuyphsl-smulaw-shapingthefutureoflaw-activity-7082259420541... |
| Description | Workshop on drug policy in Indonesia: the status quo and future aspirations |
| Form Of Engagement Activity | Participation in an activity, workshop or similar |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Third sector organisations |
| Results and Impact | On 6 February 2023, the project team held a workshop in Jakarta, Indonesia, to discuss drug policy in Indonesia, facilitated in conjunction with our partners at the Indonesian legal aid organisation LBH Masyarakat. The event was attended by representatives of five other civil society organisations focusing on drug policy/drug user support in Indonesia: Rumah Cemara, Yayasan Karisma, LBH Mawar Saron, AKSI Keadilan and Womxn's Voice (involving around 15 participants in total). The workshop was split into two parts, the first discussing the status quo around drug policy in Indonesia in connection to individuals' pathways to drug offenidng; the second discussing the participants' aspirations for drug policy in the country, again in connection to impacts on individuals' pathways to drug offending. This workshop completed a series of interviews with the same organisations, asking a more specific set of questions around similar issues relating to the impacts of drug policy in Indonesia in terms of socioeconomic exclusion. N.B. this engagement activity was funded by the 'Other ODA internal call' grant from the University of Oxford submitted in the 'Further funding' section, however it is included here as this activity significantly complements the research undertaken as part the main UKRI award. The University of Oxford grant required an existing UKRI grant in order for applicants to be eligible. The substantive distinction between the two grants is that the additional funding was provided in order to expand the focus of our research to include the impact of socioeconomic factors on individuals' pathways to drug offending. |
| Year(s) Of Engagement Activity | 2023 |
| Description | presentation on research to London (Death Penalty Project) roundtable for practitioners and academics |
| Form Of Engagement Activity | Participation in an activity, workshop or similar |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Professional Practitioners |
| Results and Impact | In November 2024, The Death Penalty Project and the Research Team from the DPRU hosted a one-day roundtable on the death penalty where we presented on and discussed our research on drugs, deterrence and the death penalty. The event brought together legal practitioners, policy and medical experts, researchers and others to consider how our research could assist participants' work, legal challenges to the death penalty and advocacy over the coming decade. |
| Year(s) Of Engagement Activity | 2024 |
