In 2023, Sri Lanka embarked on a concerted crackdown on drug trafficking and organized crime called Yukthiya, the Sinhala word for justice. In a country with poor perceptions of justice, will it work? Two spectres loom, an outblown war and police excess.
Sarath lives in a busy middle-to-up market neighbourhood in Colombo. For several months he’s been raving about a neighbour dealing drugs, particularly a substance called ice. Ice, also known as crystal methamphetamine, is extremely addictive. This synthetic drug, crafted from chemicals like ephedrine or pseudoephedrine found in some cold and allergy medications, poses severe health risks. Users can suffer from mood swings, paranoia, anxiety, depression, lung issues, and even fatal overdoses or infections. The long-term effects include significant damage to the brain and other organs.
The World Health Organization (WHO) reports that in 2019, drug use led to approximately 600,000 deaths globally, with opioids responsible for nearly 80% of these fatalities. About 25% of these deaths, or roughly 125,000, were due to opioid overdoses. In the United States, drug overdoses account for over 96,700 deaths annually, with opioids implicated in 70% of these cases. In 2019, more than half of the 71,000 U.S. overdose deaths involved synthetic opioids like fentanyl, and around 20% to heroin. Substance abuse destroys the lives of users and their families, wreaks homes and stunts the economy.
“Dodgy people, from scary gangster types to young kids, visit the place after dark, and it did not take long for us to realize what was happening. Cash changed hands oneway and tiny packets in tinfoil went the other,” Sarath says. What did he and other conscientious neighbours do? “Why, nothing! What can we do? The last thing we want is to get bumped off,” Sarath argues. This is a true story that encapsulates Sri Lanka’s problem with narcotics.
From Netflix to Real-World
The Netflix hit Narcos is a haunting portrayal of drug dealers and traffickers, the nexus between them and those in power, geopolitical concerns and what it means to beat them all to keep people safe, often at a heavy price.
In the real world, if the drug-related violence in the U.S. and Mexico continues to spotlight the evils of drug trafficking, what transpired in the Philippines will show the unconscionable extremes the war on drugs can take. The Council on Foreign Relations reports that Mexico is grappling with a significant crisis involving drug trafficking organizations. These groups control the import and distribution of various drugs, including cocaine, fentanyl, heroin, marijuana, and methamphetamine. This crisis is marked by rampant kidnappings, disappearances, and other forms of criminal violence. Since 2018, these issues have resulted in over 30,000 deaths annually. In 2018 alone, Mexico recorded 33,341 homicides, and since then, the murder rate has seen only a marginal decline.
As of April 30, 2022, the Philippine Drug Enforcement Agency (PDEA) reports a death toll of 6,248 in the country’s recent drug war. The United Nations and the International Criminal Court (ICC) are conducting independent investigations into allegations of extrajudicial killings and potential crimes against humanity involving President Robert Duterte.
Can mindless violence be avoided? Can police excesses be contained?
Without community engagement and buy-in, drug busting will be ineffective. Educational programmes in schools and community awareness campaigns can significantly deter substance abuse, and empowering communities to be proactive in prevention efforts creates a supportive environment for those battling addiction. Vigilance is crucial. However, education can do little when drugs are acceptable among decent people. So-called recreational drugs or party drugs are known to be in vogue even among top professionals, making it harder to bust the lucrative narcotics market that indiscriminately includes the poor, the middle class and the rich.
The Mire Sinks Deep
The scale of the narcotic problem in Sri Lanka is hard to capture. In 2021, the Sri Lanka Navy made significant strides in combating illegal drug trafficking. According to news reports, they seized drugs worth over Rs 15.86 billion. Throughout the year, the Navy conducted 74 operations both within island waters and on the high seas, resulting in the confiscation of over 1,268kg of heroin. These efforts led to the arrest of 119 foreign and 22 local suspects. Additionally, the Navy apprehended 186 local and seven foreign suspects in 151 separate operations, seizing over 7095kg of Kerala cannabis. Furthermore, they detained 27 suspects with more than 69kg of local cannabis in 16 operations and another nine local suspects with over 88kg of Hashish in eight operations conducted in 2023.
Separately, as reported by The Hindu, the Narcotics Control Bureau across Chennai, Bengaluru, and Imphal zones successfully dismantled an international drug syndicate. This syndicate was trafficking methamphetamine from Myanmar to Sri Lanka via Manipur, Guwahati, and Chennai, resulting in the arrest of eight men and the seizure of 15.8kg of the drug.
Building trust between law enforcement and the public is essential to beat the drug menace. However, there is a palpable public trust deficit in our cops, lawyers, judiciary, legislature and executive. Perceptions are rife and run deep about the rulers-underworld nexus. Two drug dealing gangs infamously had a shootout in Colombo when their leaders were campaigning for parliamentary elections, and there are current lawmakers people talk about having connections to the deadly trade. Of course, in the absence of rule of law and due process, perceptions will only run riot. This would be Sri Lanka’s biggest problem and obstruction to effective anti-narcotic policy.
Says Sarath: “We were fearful to complain to the cops fearing reprisals because everyone knows drug dealers are well connected. However, we found the courage to tip off our local police headquarters when Yukthiya was launched. We were elated when the dealer was arrested that same night. But our sense of security was short-lived. The dealer was back two days later!”
Several editorials in The Island newspaper encapsulate the trust deficit. One demands that Officers in Charge (OICs) in regions with significant narcotics seizures must account for their lack of earlier interventions. Effective policing and timely action against drug dealers in these areas could have potentially contained the narcotics issue long before. The same editorial discusses allegations that have surfaced about some police officers colluding with drug lords and underworld figures, casting a shadow over the entire Police Department’s reputation. While there are many commendable officers in the force, the actions of a few can tarnish the integrity of the whole. This situation underscores the urgent need for thorough investigations into any officers suspected of being compromised.
The appointment of Senior DIG Deshabandu Tennakoon as acting IGP coincided with a Supreme Court order for him and three other officers to pay Rs.500,000 each in damages for a human rights violation involving torture. This raises concerns about the effectiveness of the current anti-narcotics campaign, recalling previous initiatives by former Presidents Gotabaya Rajapaksa and Maithripala Sirisena, who admired the hardline approach of Philippines President Rodrigo Duterte.
The issue of political interference in police operations is highlighted by several instances. In 2013, a heroin-laden freight container linked to then Prime Minister D. M. Jayaratne’s office sparked outrage but led to no investigation. In 2011, then President Mahinda Rajapaksa’s intervention in a police matter, now known as the ‘Negombo Drama’, showed direct political influence over police actions. The said drama unfolded when Former President Rajapaksa, accompanied by Basil Rajapaksa, hastily flew to Negombo in an Air Force helicopter and warmly embraced Nimal Lanza, whose house had just been searched by the Special Task Force (STF) for narcotics. This action effectively halted further police investigations.
In 2019, Deputy Minister Ranjan Ramanayake accused some ministers and local government members of drug addiction, but these claims were not probed. This pattern suggests that effective drug crime reduction in the country requires shattering these nexuses and addressing systemic issues beyond public anti-narcotics operations.
Yukthiya cannot succeed without Yukthiya!
Effective Strategy?
A multi-faceted approach for Sri Lanka could incorporate lessons from both positive and negative international experiences. Key elements might include: enhancing drug treatment and rehabilitation programmes, strengthening legal frameworks and police training, implementing community-based prevention and education initiatives, and ensuring strict adherence to human rights and legal standards.
Portugal’s landmark decision in 2001 to decriminalize all drugs shifted the focus from criminalization to treatment. The result was a dramatic drop in drug-related deaths and HIV cases, proving the efficacy of a health-centered approach. Japan’s combination of stringent drug laws and a strong societal stance against drug use has resulted in extremely low drug abuse rates, highlighting the impact of cohesive cultural and legal deterrents.
There are bad examples too, egregious ones. The U.S. approach, marked by severe penalties and a focus on incarceration, has been criticized for failing to reduce drug abuse substantially while contributing to societal issues like prison overcrowding and racial disparities. Mexico’s aggressive military campaign against drug cartels has escalated violence and corruption, underscoring the potential pitfalls of a primarily force-based approach.
And top marks for infamy go to the Philippines. The recent drug enforcement policies in the Philippines under President Rodrigo Duterte have sparked international concern and outrage. The hardline approach, involving a violent war on drugs, has led to numerous human rights violations and extrajudicial killings, raising questions about the effectiveness and morality of such tactics.
Early Results
The Yukthiya operation is showing some promise.
The Sri Lanka Police and the Police Special Task Force (STF) arrested over 20,000 individuals for drug-related offences in just the last 14 days of 2023. The total street value of the drugs confiscated in this period is estimated at Rs858 million.
The island-wide operation has resulted in the seizure of a significant amount of various drugs as of early January. These include 11.6kg of heroin, 8.378kg of methamphetamine (commonly known as ‘Ice’), 297.008kg of Cannabis, and 2,110,500 Cannabis plants. Additionally, authorities impounded 119.6kg of ‘Mawa’, 35.8kg of Hash, 1.07kg of Hashish, 3.7kg of ‘Thul’, 555g of Kush cannabis, and 72,272 narcotic pills.
However, maintaining civil liberties while enforcing drug laws requires a careful balance. This includes ensuring judicial oversight, accountability in law enforcement, and proportionate sentencing to prevent human rights abuses.
Structural Problems
In an interview with the Daily Mirror newspaper, President’s Counsel Tirantha Walaliyadde highlights the strain on the legal system amidst the Yukthiya operation. Thousands of alleged drug addicts are being detained and reportedly sent to rehab camps with medical centres. Here, they undergo examinations and those testing negative are released. Given the scale of the operation, prosecuting each suspect is impractical due to the extensive legal process involving duplication of B reports, filing, court appearances under guard, and police representation, leaving courts overwhelmed with little time for other pending matters. Walaliyadde points out that the Constitution offers civil remedies against police harassment and excess, while the Penal Code allows for criminal action. Walaliyadde, however, argues that the Yukthiya operation is failing to nab the kingpins.
Ambika Satkunanathan, the former Commissioner of the Human Rights Commission, criticized the arrest and compulsory treatment of drug-dependent individuals, arguing it’s ineffective and violates human rights. On her social media account, she states that voluntary, community-based treatment with informed consent is more effective. She notes that a significant number of individuals relapse post-forced treatment – a 2018 National Dangerous Drugs Control Board (NDDCB) study found a relapse rate of 72% and a 2015 study reported 64% relapse. The NDDCB data also shows a mere 25-30% recovery rate.
Satkunanathan advocates for harm reduction and voluntary community-based treatment, emphasizing support for families. She highlights the inefficiency of the government’s approach, mentioning that in 2023, Rs1.25 billion was allocated for compulsory drug treatment.
Addressing the issues of drug trafficking and substance abuse in Sri Lanka demands a nuanced and balanced approach. It has to be an urgent response. Drawing on global examples, Sri Lanka’s strategy should integrate stringent yet fair law enforcement, community engagement, and a strong focus on treatment and rehabilitation. It’s crucial to learn not only from the successes but also from the missteps of other nations, ensuring a path that respects human rights and achieves effective outcomes – just like in economics can we aspire to be like Singapore in anti-narcotics?
The bottomline: citizens should have zero tolerance for police excess but support the effort to clean our streets we must. And when we vote, just as The Island asks how come area police chiefs allowed drug gangs to flourish, we should ask how we bestowed higher office on unsavoury politicians with known shady links.