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.

Publications

10 25 50
 
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 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 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 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