The Misuse of Drugs Amendment Bill has passed its final reading and will come into law in the near future. More than anything, I want to join in the chorus of positive sentiment around this bill, particularly because people and organisations I admire and am inspired by have encouraged it through its at times rocky ride in parliament. But I just can’t be wholly positive about the changes the bill will engender.
Let’s also be crystal clear that the bill does not decriminalise all drugs, as some online enthusiasts have suggested; it legalises police discretion in deciding whether to prosecute and directs police to use a health-based rather than a criminal approach.
This is not the same as decriminalising all drug use. And herein lies one of the problems – embedding discretion further into our justice system will deepen existing inequalities. The use of discretion will continue to over-police already stressed and marginalised communities often subject to the harshest policing practices.
Most of the proposals in the bill add to the failed, outdated Misuse of Drugs Act 1975 and the ineffective “war on drugs”: the reclassifying of AMB-FUBINACA and 5F-ADB as class A drugs; the creation of temporary class orders, all enacted as “get tough” measures to address the harms from synthetic cannabinoids.
Unfortunately, these kinds of measures do not work in effectively addressing or reducing the harms from drug use, nor do they effectively reduce or address the demand for drugs like synthetic cannabinoids. “Getting tough” on drugs and those who supply them has not helped us in over four decades of the “war on drugs” – it has filled prisons with low-level users and dealers, often suffering from addictions themselves. Continue reading Drug Reform Bill: Glimmer of positivity or ‘get tough’?→
Submission on the Climate Change Response (Zero Carbon) Amendment Bill
This submission is from Professor Elizabeth Stanley and Dr Sarah Monod de Froideville. We are criminologists from the Institute of Criminology, School of Social and Cultural Studies, Victoria University of Wellington.
We support the intent of this Bill to mitigate the impacts of climate change by reducing New Zealand’s level of greenhouse gas emissions. We acknowledge the progressive elements in the Bill, including the establishment of an independent commission and the commitment, outside of this Bill, to achieving economy-wide reductions at a maximum level possible.
However, there are many elements in the Bill that are of concern. Specifically, the Bill does not appear to have considered the risks of climate change associated harm. Continue reading Reducing Climate Harms→
Well, what a year 2018 was in terms of drug policy and drug law reform, both in New Zealand and farther afield.
New Zealand saw the debates surrounding the cannabis referendum intensify. A bill to allow terminally ill people to access medical cannabis recently passed. The Mental Health and Addiction Inquiry, He Ara Oranga, called for the decriminalisation of illegal drugs to address problems relating to addiction and mental health. The government made new announcements around synthetics.
Elsewhere, more US states have legalised the sale and recreational use of cannabis, and in October Canada legalised it too. In places that have enacted wide-reaching, much-needed drug law reform, there have been no dramatic increases in the use of cannabis or other drugs, especially among young people. All very encouraging for New Zealand as we look towards possibly wide-reaching, much-needed reforms of our own approach to illegal drugs. Continue reading Drug Law Reforms→
In 2008, the US Center for Constitutional Rights (CCR) brought a federal lawsuit – Al Shimari v. CACI . This lawsuit addresses the torture of four Iraqi men, held in Abu Ghraib prison during 2003-2004, by the private contractor CACI International Inc. and CACI Premier Technology Inc. The case is the last Abu Ghraib case in the system and, if it goes to trial, will be heard in the midst of the Trump Presidency.
The CCR assert “that CACI directed and participated in illegal conduct, including torture, at the Abu Ghraib prison in Iraq where it was hired by the U.S. to provide interrogation services”. The case covers violations of US and international law – including war crimes, sexual assaults and tortures.
The four victims – Suhail Najim Abdullah Al Shimari; Taha Yaseen Arraq Rashid; Asa’ad Hamza Hanfoosh Zuba’e; Salah Hasan Nusaif Al-Ejaili – were all released without ever being charged of any crime. They all continue to suffer mental and physical injuries from their torture that included electric shocks, food deprivation, being threatened by dogs, stress positions, beatings, sexual assaults, sensory deprivation, and being kept naked.