BY GARY MEYERHOFF
DARWIN — The Northern Territory Labor government has announced that "a legislative package on illicit drugs" will be introduced into the NT parliament this month. Justice minister Peter Toyne has also announced that Labor will launch an offensive against "drug taking" and "drug dealing".
The Public Order and Anti-Social Conduct Act will be repealed at the same time. While the repeal of this draconian act will be a victory, there are serious concerns about Labor's proposed "drug house" laws, which will be part of the "package".
The new legislation will not offer a genuine solution to the problem of drug abuse and addiction. Such a solution can only be based on measures that eliminate insecurity and social alienation. Drug abuse is often a symptom of a wide range of societal ills that can only be fundamentally addressed by far-reaching structural changes to society. Blaming certain substances for societal ills and scapegoating users are favourite tactics of capitalist governments.
Drug addiction is primarily a health problem and cannot be effectively tackled using the blunt weapons of state prohibition, fines or imprisonment. Drug use and abuse cannot be legislated out of existence.
Only the decriminalisation of illicit drug use and the provision of greater welfare and health services, affordable housing and more jobs can help those who wish to recover from their drug-use problems. Publicly funded, medically supervised user facilities, where drug users can seek professional assistance if they wish to, would also help. Recreational drug users should not be punished.
A massive increase in the range of options open to drug-dependent people is needed, including more pharmacotherapies (in particular prescribed heroin), improved detoxification and rehabilitation services, clean needle and syringe programs and reality based education for young people and the community.
If the Labor government was really committed to improving the health and wellbeing of drug users, it would implement a range of positive measures rather than implementing punitive legislation. Treatment options for dependent users could be massively increased, a heroin trial could be introduced, safe injecting rooms opened and needle-exchange programs expanded. Instead, Labor wants to double the size of the drug squad.
Here are some reasons why Labor's proposed package of drug laws should be opposed:
- Labor's anti-drugs package will not only target the dealers of "hard drugs", but those who "deal" in cannabis. The NT has been found to have the highest incidence of cannabis use per capita in a recent Australian Institute of Health and Welfare report.
- The legislation will target suburban "dealers", most being low-income people who are drug users themselves. These people are the target of the "drug house" legislation and not the kingpins of the illegal drug trade.
- The NT government's proposed drug laws will serve only to maximise harm to drug users as they will be forced to buy drugs of suspect quality in the criminal-controlled black market. People will be less likely to seek help from health and other government services for fear of coming to the attention of the authorities. Drug use will take place in unhealthy circumstances. The risk of sharing needles will be much greater. This will inevitably increase the risk of the transmission of Hepatitis and HIV.
- "Drug house" legislation will target specific houses and venues such as nightclubs. As the drug trade in Darwin has been fairly centralised, the drug house legislation will most likely force the trade to move from home to home. This will add to the constant demonisation of illicit drug users and will help to maintain a climate of fear for drug users, making them even less likely to access health or other services.
- Young people and members of the Indigenous community will be most affected by the new laws. There is ample evidence that zero tolerance policing is overwhelmingly directed at the least powerful and most vulnerable groups in society. It will increase the already high levels of contact between the police and disadvantaged people.
- The proposed legislation will dramatically increase police powers. By allowing police to have premises and homes declared "drug houses", they will be able to enter and search premises without a warrant. In NSW, drug house legislation allows a person to be charged with "being at a drug house", even if there are no drugs present. This is a gross violation of human rights.
- It is a massive waste of taxpayers' money. By decriminalising drug use, funds could be diverted from the police, courts and jails to programs that address the social problems that generate drug abuse.
[Gary Meyerhoff is a member of the Socialist Alliance and an activist in the Network Against Prohibition. To get involved in NAP, visit <http://napnt.tripod.com/>. ]
From Green Left Weekly, May 1, 2002.
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