The Death Penalty in the ASEAN Region

The Death Penalty in the ASEAN Region: What Hope for Abolition? Presented by: Dr. Antolak-Saper Date: Oktober 7, 2022 Abolition, Penal Populism, and the Role of Political Elites - Criminal justice policies are typically not the product of a 'well-reasoned, highly planned, and strategic process'. Penal Populism - Penal populism is a term used to describe the phenomenon of politicians promising to 'solve the nation's troubles by punishing crime, rather than by pursuing social justice.' - Penal populism on issues relating to crime are commonly driven by: • Feelings of anger and disenchantment; • Disillusionment with the criminal justice system; • Division and dissent in the community; • Expectations of the public over the opinion and research of experts; and • "tabloid" rhetorical style of communication that bears simplicity and directness. Penal Populism: Philippines - Populist dichotomy positioning the virtuous citizen on the one hand and the hardened criminal on the other. - Shift from 'political elitism' to penal populism. - Pre-existing anxieties in the public sphere on issues pertaining to, illegal drugs and drug offences. Penal Populism: Thailand - 'War on drugs' - The Thai government presented drug users and drug dealers as a threat to community safety. - Anti-human rights sentiment commonly attributed to penal populist movements. - Pre-existing anxieties across the Thai political spectrum: • 'Poor Thais were concerned about the social decay by drug addiction, while middle- and upper-class Thais feared the impact of drug-related crime on public safety and the security of property.' Penal Populism: Indonesia - War on drugs': 'number one problem facing Indonesia' and like Duterte he promised swift action: 'I believe, given drugs' destructive power, there is no other choice for us but to declare war against drugs. - Vigilantism Penal Populism: Singapore - 'Age of anxiety' in the 1970s, largely attributed to uncertainties and insecurities that were caused by social and economic restructuring. - Political decisions to enact 'harsh' punishments are motivated by the need to maintain political and moral order. - A narrative of drugs being constructed as serious threats from which the community must be protected. The Populist Leader - Common characteristic that leaders such as Duterte, Thaskin and Jokowi share is that they are populists; 'populists differ from other types of political leaders in that they lack a deeply institutionalized base of support'. Public Opinion - Public opinion is a key feature of penal populism, particularly in the context criminal justice policies, and more specifically penal policies. - Public opinion can play a vital role for ensuring public confidence in the criminal justice system. - In the context of the death penalty and abolition it has been argued that public opinion does not play a role at all. - Elite leadership hypothesis Public Opinion and Drug Offences - In Thailand • 74 percent of Thais supported Thaksin's violent anti-drug campaign. • Approximately 80 per cent of those living in rural Thailand believed that the sale and use of illegal drugs continues to be an issue of significant concern in the country. - In Indonesia • Drug dealers are perceived to be the third biggest threat, which warrants the application of the death penalty. - In the Philippines • 'There is rich survey data on support for the anti- drug war since the beginning of Duterte's administration in mid- 2016'. Measuring Public Opinion - Consistent themes emerge from research concerning the role of public opinion and penal policies: • That if not provided with contextualized and detailed information, the public will generally tend to be more punitive; • That the public has, in fact, little accurate knowledge about the criminal justice system - Consistent with a meta-study of public opinion surveys on the death penalty for drug offences in selected Asian countries conducted by Girelli The Role of Treaties, International Agreements and Norms - Legal reforms concerning the death penalty must ultimately be made at a domestic level, but international norms may be influential in furthering the abolitionist agenda. - Regional organizations can play a crucial role in bringing pressure to bear amongst closely aligned nations: • - The Council of Europe Legislation and agreements with abolitionist countries can play a vital role in the abolitionist movement: • Extradition treaties and mutual assistance obligations  Generalized Scheme of Preferences+ (GSP+) (European Union) The Role of ASEAN - The ASEAN Declaration states that the aims and purposes of the Association are: • To accelerate the economic growth, social progress and cultural development in the region through joint endeavors in the spirit of equality and partnership in order to strengthen the foundation for a prosperous and peaceful community of Southeast Asian nations • To promote regional peace and stability through abiding respect for justice and the rule of law in the relationship among countries in the region and adherence to the principles of the United Nations Charter. - ASEAN Human Rights Declaration - ASEAN led coordinated efforts in the region - ASEAN does not have a unified identity and therefore does not have shared normative principles. - ASEAN member states have a strong commitment to state sovereignty and noninterference. Where to From Here? - Public opinion is therefore not irrelevant to the question of abolition and further research is needed on the factors that influence public opinion within the ASEAN region: • The role of the media in influencing public opinion and other elites • Deterrence