Tuesday 13 September 2016

The ‘war’ on (illegal) drugs in the Philippines

Between political rhetoric and evidence based policy

On May 9th Rodrigo Duterte was elected to be the 16th President of the Philippines. He took office on the 30th of June 2016. Together with his running mate Alan Peter Cayetano, Duterte betted successfully on a law and order agenda. In an article published in the New York Times on September 11th 2016 Amanda Taub illustrates the probable background for Dutere’s victory and policy.

“It tends to begin, the research suggests, with a weak state and a population desperate for security. Short-term incentives push everyone to bad decisions that culminate in violence that, once it has reached a level as bloody as that in the Philippines, can be nearly impossible to stop.” (Fat & underline by JvD)
“When people begin to see the justice system as thoroughly corrupt and broken, they feel unprotected from crime. That sense of threat makes them willing to support vigilante violence, which feels like the best option for restoring order and protecting their personal safety.”
“Surprisingly, that includes increased support for the use of harsh extralegal tactics by the police themselves. “This seems counterintuitive,” Ms. Santamaria (a professor at the Mexico Autonomous Institute of Technology in Mexico City) said. “If you don’t trust the police to prosecute criminals, why would you trust them with bending the law?”
But to people desperate for security, she said, the unmediated punishment of police violence seems far more effective than waiting for a corrupt system to take action.
And so, over time, frustration with state institutions, coupled with fear of crime and insecurity, leads to demand for authoritarian violence — even if that means empowering the same corrupt, flawed institutions that failed to provide security in the first place.”

On August 23rd PNP-chief Ronald dela Rosa stated that since July 1st (54 days of Duterte Government) 1,916 people were killed, 756 in police operations and 1160 in extra judicial killings. On September 1st 2016 the death toll had risen to 2,446, an average of almost 40 a day.

Leaders like Mr. Duterte have a political incentive to exploit this sentiment, marketing their willingness to go around the system to prove that they are willing to do whatever it takes to solve the country’s problems.
“When you have a weak government that faces a security crisis and also a crisis of trust of the people, the issue of promising more punishment is a shortcut to gain citizens’ confidence, to gain support,” Ms. Santamaria said.
Why not instead promise to fix the real underlying problems?
First, because institutional reform isn’t as politically appealing as identifying villains — in the case of the Philippines, criminal gangs — and promising to take them down. Second, because the very state weakness that created the problems often means that leaders are incapable of fixing the underlying issues.”

Declaring a ‘war’ most of the time involves quite some war-rhetoric. “I will kill you. I will kill them all. Come to this country and I will kill you” and so on. This tough language is Duterte’s trade mark and until now he gets away with it. He is also known for his continuous attempts to go around the judicial system of which he himself has been a part and thus has first-hand information of its dysfunction.
On September 2nd there was a ‘bomb’-attack on the massage area of the night market at Roxas Avenue in (out of all places) Davao City (Duterte’s daughter Sara is the incumbent Mayor of Davao) in which 14 people had been killed. The day after President Duterte declared the state of ‘Lawlessness’ or ‘Lawless Violence’. The declaration was based on Article VII Section 18 of the Constitution which states that "The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion." Still quite some people wonder what this ‘State of Lawless Violence’ really means for their daily lives. The most probable answer is: Nothing at all.

(The lack of reliable) Facts & Figures on illegal drugs

To begin with, it is not quite clear when something becomes or is a problem in or for a given society, let alone a problem that deserves a ‘war’ to solve it and by the way, wars thus far haven’t solved many problems without causing new ones. Furthermore it is not always easy to find reliable statistics on different subjects.
In the Philippines for instance every year there are more than 10,000 deadly victims in traffic. Is that a problem? Does it lead to a ‘war’ against car-owners?  If anything, the government will probably choose to improve infrastructure, law-enforcement and drivers education.
Looking at the number of addicts to illegal drugs in the Philippines the numbers that are available vary from 1,3 to 3,7 million. Figures from the Dangerous Drugs Board (DDB) show that back in 2004 that number seems to have been 6,7 million and has since then decreased with about 50 to 80%, depending on what you believe is the actual figure. In fact, the truth is, we don’t even know exactly what we are talking about, but we know it’s a problem. The first step in defining government policy projects should be the gathering of independently gained and verifiable data.  In the USA 10% of the population above 12 years of age seems to be addicted. Yet there is no ‘war’ on drugs there. For the sake of Duterte’s war let’s assume that every addict is one too much and that there is a zero-tolerance policy towards the trade in and the use of illegal drugs.  Let’s furthermore assume that Duterte’s figure of 3,7 million addicts is accurate. If we look at the profile of users we see predominantly male users, between 21 and 29 years old, more than 50% unemployed and with an average monthly income of less than 11,000 pesos.

What’s the target?

Until today there is, as far as I know, no concrete, SMART goalsetting for the ‘war’ on drugs. What does the Duterte government want to achieve? In case of a zero-tolerance policy it would be logical to get rid of 3,7 million addicts and the whole supply system. Let’s do the math. 600,000 addicts have surrendered until now and promised that they will not use drugs anymore. Of course there is no guarantee that they won’t, but that’s another problem and for the time being they are safe. That leaves 3,1 million addicts to deal with. In average 5,000 people per year enter a rehabilitation program. In six years that are 30,000 people. Still 3 million and 70 thousand to go. If the killing rate of in average 40 a day continues this means that in six years 87,600 people will die, which leaves at the end of Duterte’s reign a little bit less than 3 million people to deal with. But the president promised to solve the ’problem’ in three to six months! So the big question is: What is he going to do? What is the plan? What is the program? Does the government presume that those 3 million people will get so scared that they stop using spontaneously and/or surrender too?  And if we kill the demand there will be no more supply. That’s market economy, isn’t it?

What’s the action plan?

I will kill them all and feed them to the fishes in Manila Bay? One hell of a plan! And still there are people who are very impressed. But the real question is: Why is who (together with whom) going to do what, how, where, when and with which resources? A comprehensive action plan might include the supply side, the demand side as well as the law enforcement and judicial side. How is the government going to attack the big suppliers/syndicates (together with China, Indonesia and others)?  Will there be a PNP focus on the den’s where shabu is produced in the Philippines? China already offered some help with rehabilitation centers. How about programs in schools (education), poverty reduction programs (which are likely to solve 50% of the problem) and job creation (the ‘war’ might frighten some foreign investors and thus prove to be contra-productive). What about cleaning up the government-agencies, the PNP/AFP and the judiciary? What about restoring the trust of the people in these institutions (including the Senate and The House) because they are corruption free and functioning effective and efficient? Of course this approach requires a lot more effort than pulling a gun and kill and it isn’t a popular agenda from the political point of view. But let’s be frank, where the government gives up on laws, the freedom of the people no longer exists. The law of jungle rules and in the end society will collapse. The choice is between the rule of law and the rule of force! The design, implementation and monitoring of a comprehensive action plan is far more desirable than the current wild and uncontrolled ‘war’, with an uncertain outcome.