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In October , Seychelles and the European Union EU concluded an agreement allowing navies from the EU Naval Force to transfer suspected drug and weapon traffickers in Seychelles waters and on the high seas to Seychelles for prosecution. Similar bilateral agreements allow EU navies to transfer piracy suspects to Seychelles for prosecution. Such bilateral agreements enable states globally to navigate the unique legal and practical challenges of responding to drug trafficking at sea. States should avoid using these agreements to rubber-stamp human rights obligations and to effect seizures. If these vessels lack a discernible flag state and are found to be transporting drugs on the high seas, the part of the ocean that falls outside the jurisdiction of any state, navies typically seize and discard the shipment without effecting arrests. Although law enforcement powers against such stateless vessels on the high seas are contested, most agree that states are afforded limited law enforcement power over these vessels when encountered in areas beyond national jurisdiction. This fails to disrupt drug trafficking logistics, and the same vessel can simply return with another load hoping to avoid naval patrols. There are, however, a few countries, like Seychelles, the US and Council of Europe member states , that claim jurisdiction over stateless drug trafficking vessels on the high seas. While eastern African coastal states focus on seizures in their national waters, international navies, typically from the global north, concentrate their efforts on the high seas. These navies are better resourced than their regional counterparts and can travel longer distances. To counter the growing Indian Ocean drug trade, Sri Lanka reinstated the death penalty for drug-related offences. Even if any navy was entitled to board, seize and arrest foreign or stateless vessels and crews on these seas, navies fear potential human rights violations if offenders are returned home. This is because 35 countries globally still impose the death penalty for drug-related offences. This includes countries like Iran and Pakistan, where many drug trafficking vessels destined for eastern Africa originate. Although some of these countries are abolitionists in practice, even returning offenders to a country where they risk being sentenced to death can violate international human rights obligations. Considering the historic violations resulting from the war on drugs, safeguarding human rights should indeed be the primary concern of any law enforcement efforts. Growing drug trafficking in the Indian Ocean has caused adjoining states to revisit their drug policies to not only target criminal networks, but also to address the impact of increased drugs moving through the region. Some of these efforts reflect policy reforms that are evolving from a focus on law enforcement to prioritising human rights and the harms caused by the drug trade. Mauritius is an example of this. But the opposite is also true. For example, in response to the growing Indian Ocean drug trade, Sri Lanka reinstated the death penalty for drug-related offences. Therefore, when it comes to transnational drug trafficking, punitive domestic drug policies have global repercussions. These not only fail to mitigate drug trafficking locally but also impact how drug trafficking is responded to internationally. Human rights concerns are now often prioritised over arrests when foreign criminal networks are caught moving drugs on board stateless vessels on the high seas. However, this legal lacuna does not have to leave responding states between the devil and the deep blue sea. In addition to entering into bilateral agreements to overcome jurisdictional challenges, states use bilateral agreements to address human rights concerns. Like the Seychelles-EU agreement, some of these agreements prohibit delivering accused to countries that impose the death penalty. But how practical are these agreements? An EU naval captain who requested anonymity told ENACT that although the EU-Seychelles agreement was a positive development, it must be part of a broader strategy, since drug trafficking was not an isolated issue but an entrenched structural problem. He anticipates many of the challenges faced by the piracy prosecution model, including limited naval assets, gathering evidence for prosecutions and logistical difficulties when transferring suspects. Warships can take days to deliver suspects to countries and return to their patrol area — impeding their availability for other missions. States should also guard against using these agreements to rubber-stamp human rights obligations and to effect seizures. Due to the massive global supply of narcotics, seizures have a limited impact on the trafficking business model, which can be adapted to countermeasures. The EU naval captain also warned that if these agreements only targeted crew members, they would have little impact. Instead, they should prioritise thorough investigations to identify criminal network members orchestrating the trade and remove the vessels from circulation. Achieving this would not only improve the criminal justice response to drug trafficking at sea, but could also prevent other human rights abuses related to drug trafficking. If the EU-Seychelles agreement is successful, it could inspire similar agreements between international navies and other African states responding to transnational crimes at sea. Image: U. Naval Forces Central Command. Kenya needs in-depth empirical research to better regulate muguka and miraa drug consumption amid calls for restrictions. This policy brief outlines regional drug use trends for based on data from 11 countries. Indicative heroin trafficking routes along the southern route Source: United Nations Office on Drugs and Crime, Analysis of opiate stamps seized in the Indian Ocean Countries that still impose the death penalty for drug-related offences Source: Harm Reduction International. Carina Bruwer. Drug trafficking To ban or to regulate muguka in Kenya?

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In addition to endangering the physical and mental health of the user, the adverse effects of drug abuse ripple across societies and generations, including its links to violence and other forms of crime. This would give Seychelles the highest national per-capita heroin-use rate in the world. Its methadone treatment programme, based on an approach to drug policy that views drug addiction as a chronic disease, has received local criticism for its distribution of needles, which seeks to avert the spread of HIV and hepatitis C through the sharing of needles Rodrigo, A majority of citizens think the government is doing a decent job of tackling drug abuse, but views are divided on whether ordinary Seychellois can play a role in fighting drug abuse. Only about one-third of respondents favour legalising the sale and consumption of marijuana. Asked what they consider the most effective strategy to curb drug abuse, Seychellois most often cite intensifying efforts to reduce trafficking and enforcing severe penalties for users. Key findings. Anne Okello. University of Seychelles Unisey. Institute for Development Studies, University of Nairobi. Health, education, and social services Institutions, leadership, and governance. Drug abuse Drug epidemic Health. East Africa. Related content. WP The micro-dynamics of welfare state retrenchment and the implications for citizenship in Africa. AD Sudanese see pollution as a serious problem requiring greater government attention. WP Political transition, corruption, and income inequality in third wave democracies.

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