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Chewing Over Khat Prohibition the Globalisation of Control and Regulation of an Ancient Stimulant

Chewing Over Khat Prohibition the Globalisation of Control and Regulation of an Ancient Stimulant

Series on Legislative Reform of Policies Nr. 17 January 2012 Chewing over Khat prohibition The globalisation of control and regulation of an ancient

By Axel Klein, Pien Metaal and Martin Jelsma 1

In the context of a fast changing and well documented market in legal highs, the case of khat ( edulis) provides an interest- ing anomaly. It is first of all a -based substance that undergoes minimal transfor- mation or processing in the journey from farm to market. Secondly, khat has been consumed for hundreds if not thousands of years in the highlands of Eastern and Southern Arabia.2 In European countries, khat use was first observed during the CONCLUSIONS & RECOMMENDATIONS 1980s,3 but has only attracted wider atten-  Where khat has been studied exten- tion in recent years. sively, namely Australia, the UK and until Discussions about appropriate regulatory recent-ly the Netherlands, governments systems and the implications of rising khat have steered clear of prohibition because 4 use for European drug policies should take the negative medical and social harms do cognizance of social, demographic and not merit such controls. cultural trends, and compare the existing  Strict bans on khat introduced ostensi- models of control that exist in Europe. Khat bly for the protection of immigrant com- provides a unique example of a herbal munities have had severe unintended stimulant that is defined as an ordinary negative consequences. vegetable in some countries and a con- trolled drug in others. It provides a rare  Khat prohibition has failed to further the opportunity to study the effectiveness, costs integration, social incusion and economic and benefits of diverse control regimes. As prosperity of the Somali community. long as khat is legally produced and traded,  Assumptions about causal relations it also allows for the views of stakeholders between khat use and the problems of a such as farmers and traders to be included vulnerable minority with untreated mental in policy discussions. health conditions need to be dealt with carefully and should not be used as a pre- KHAT - WHAT IS IT; WHAT DOES IT DO? text for criminalising khat. Khat is a naturally occurring stimulant that  Migrant communities and problematic has been compared to , coffee users need a constructive engagement and and . It is consumed by pluck- targeted interventions. The criminalisation ing off the leaves of the khat tree and roll- of a cultural practice will only intensify the ing them into little balls that are pushed problem that community leaders are into the side of the cheek, where they form seeking to address.

Legislative Reform of Drug Policies | 1 a large bolus (soft mass of leaves). The prac- duuf' or bundles. These bundles are the tice is usually referred to as khat chewing, unit of account, made up of the leafy stems but in fact the leaves are simply kept in the of the khat tree, about 150 to 300 grams in side of the cheek to masticate over time. weight, rolled tightly into banana leafs to When the juice (and the psychoactive preserve moisture. In the it contains) has been extracted, (UK), where khat is consumed in commer- the detritus is either swallowed or spat out. cial establishments, these venues also act as Because of its astringent taste, khat users communal centres where food and drinks often use sweet drinks or chewing gum. are served, the television is often tuned into news channels or Somali music is According to pharmacologists, , played. They are subject to local licensing, one of khat's psychoactive chemicals, af- health and safety regulations, and have to fects the central nervous system “like a mild ensure that there is no nuisance for local 5 amphetamine”. The classical khat ‘high’ residents.8 goes through a number of stages, that all have different names in Arabic. Some ten to THE GLOBALISATION OF KHAT fifteen minutes into the process of mastica- tion, the first wave of known in In contrast to other psychoactive sub- and as ‘mirquaan’ washes stances, khat undergoes minimal process- over the user. This is a point of excited con- ing or refinement. It has to be brought to versation and much planning, where users market before the active alkaloids disinte- are prone to build ‘their castles of spit’.6 It is grate, within 48 to 72 hours after harvest- followed by a quieter and introspective ing. Speed is therefore of the essence, and phase, where users would traditionally play explains why khat could become a global music, recite poetry or read the Koran. commodity only after production areas Towards the end, the ‘haddaar’ or come- were linked up by road, rail and airports. down sets in, leaving the user restless, irri- The khat producing regions of , the table and melancholic. Depending on the Kenyan highlands and Yemen are now amount of khat consumed, the entire supplying consumers in Europe, North experience typically lasts between four to America, India and even Australia. Over six hours, but can drag on for longer. the past twenty years, a global khat market has come into being, providing significant Traditionally, khat has been chewed com- regular foreign exchange earnings for the munally, after work, on social occasions, in exporting economies. public spaces or dedicated rooms in private houses. It is used as a marker to distinguish Global markets are driven by demand from leisure time from work, and was built into diaspora populations, particularly from the rhythms of the day. The traditional Somalia. There has been little cross-over after-lunch chewing session is called ‘barje from migrants to mainstream, and there or ‘quayil’ and lasts until evening prayer are indicators that khat use falls dramati- around 6pm. Sessions outside this time cally among second-generation immi- frame scheme are indicated by their names, grants. Estimates of khat use, published in such as the pre-lunch ‘xareedin’ or luxury the UK, report 0.2% of respondents admit- chew, or the all night ‘qarxis’ or explosion.7 ting to khat use in the last year.9 At present, then, khat use is strongly associated with Both men and women chew in Ethiopia first-generation immigrants from Eastern and Yemen, though they are usually segre- Africa, many of whom acquired the habit gated on social occasions. In the khat cafes prior to their migration. or 'mafrishes', customers buy khat and drinks on the premises, then sit down on Within Africa, however, khat use is spread- cushions or divans to lay out their ‘mar- ing fast. Markets have developed in Eritrea,

2 | Legislative Reform of Drug Policies all found that the potential for misuse was low.11

By distinguishing khat as a plant product from the synthesised extract of and cathinone, governments legally distinguish between different risk ratios. A bundle of 100 grams of khat leaves may have a cathi- none content of between 30 to 200 mg, 90% of which is extracted by mastication. This corresponds to a low to medium dose of amphetamine, but the slow and laborious mode of ingestion restricts the cumulative dose and peak plasma levels. In other words, because khat leaves are chewed over time, the psychoactive ingredients are extracted slowly so that the build up of toxic and intoxicating chemicals in the body is mod- erate.12 There is only limited evidence that intensive use over a period of several years can exacerbate coronary conditions and produce tachycardia (increased heart rate), reduce appetite, and affect the respiratory, Young man with two bundles of khat hepatic, reproductive and central nervous systems.13 While it may also complicate Sudan, , Rwanda and . pre-existing chronic psychotic disorders, While traders from Yemen or the Swahili and has been associated with hyperactivity, coast have played an important pioneering insomnia, anxiety and irritability,14 the evi- role, the habit is quickly catching on in dence is clear that the physical and mental many of Africa’s fast growing cities. In health risks of khat remain very low.15 rural areas farmers are benefiting from a Excessive users and vulnerable individuals new cash crop.10 Without the know-how or suffering from post traumatic stress disor- resources to assess the associated risks, der are more exposed to harmful conse- African governments rely on partners in quences, but this is only partially related to Europe or international organisations for khat use. advice on regulation. Legislative controls have been advocated as KHAT HARMS a precautionary measure16 in order to pre- Two of the psychoactive ingredients, vent khat being taken up by mainstream cathine and cathinone are scheduled populations,17 and from fear of khat pro- substances under the 1971 United Nations duction becoming established.18 The most (UN) Convention on Psychotropic Sub- trenchant critics refer to reports of shifting stances, but not the vegetable matter of consumption patterns, with a growing khat itself, though some countries have incidence of regular and possibly depend- interpreted the convention that way. ent use reported from the very different Recent assessments by the World Health settings of and the UK.19 They Organisation (WHO) Expert committee on argue that this results in a number of social Drug Dependence (see text box: Khat and harms, including the diversion of scarce UN drug control), the UK Advisory Coun- resources, domestic violence and family cil on the Misuse of , and expert break-up. Combined with pressure from councils in the Netherlands and Australia conservative Islamic clergy following the

Legislative Reform of Drug Policies | 3 Khat and UN drug control

Khat is not subject to international control at pre- reviewed the data on khat and determined that the sent. The Advisory Committee on the Traffic in potential for abuse and dependence is low. The level of Opium and Other Dangerous Drugs of the League abuse and threat to public health is not significant of Nations first discussed khat in 1933 and it has enough to warrant international control. Therefore, appeared on the international agenda several times the Committee did not recommend the scheduling of since then. At the request of the Commission on khat. The Committee recognized that social and some Drugs (CND), the WHO Expert Commit- health problems result from the excessive use of khat tee reported in 1962 that clarification on the chemi- and suggested that national educational campaigns cal and pharmacological identification of the active should be adopted to discourage use that may lead to principles of khat was needed before a sound medi- these adverse consequences.” 20 cal appraisal of the chronic use of khat could be The conclusion of the WHO Expert Committee made. Several studies, including by the UN Narcot- blocked the option of bringing khat under UN ics Laboratory, subsequently identified a number of control, clearly to the frustration of the International phenylalkylamine alkaloids as the major psychoac- Narcotics Control Board (INCB). The Board, man- tive compounds in the khat plant: cathinone and dated to monitor compliance with the 1961 and 1971 cathine (norpseudoephedrine), and to a lesser de- Conventions, had started to report on khat under the gree norephedrine. Cathinone is unstable and heading of “substances not under international con- undergoes decomposition rapidly after harvesting trol” in its Annual Reports, expressing concern and and during drying of the plant material, which is the calling on the WHO to expedite its review to deter- main reason why fresh khat leaves are preferred by mine whether it recommended placing khat under chewers. The content of cathinone can vary between international control (INCB Report for 2005, Rec- 78–343 mg per 100 gram fresh leaves. For example, ommendation 45). analysis of khat confiscated at Frankfurt airport in 2003 found 114 mg cathinone, 83 mg cathine and 44 After the WHO recommended against it, the INCB mg norephedrine in 100 gram of fresh leaves. Dried continued to call “upon the authorities to consider leaves, with much lower levels of cathinone, are taking appropriate measures to control its cultivation, more often used to make tea, known as Abyssinian trade and use” (INCB Report for 2006, §556). Most or Arabian tea. recently, in a special topic on “Plant material contain- ing psychoactive substances” (INCB Report for 2010, Cathinone and cathine are alkaloids with effects on §284-287) the Board draws attention to the fact that the central nervous system similar to amphetamine, “although some active stimulant or hallucinogenic though weaker. Since, in the early 1980s, all am- ingredients contained in certain are controlled phetamine-like substances were placed as a group under the 1971 Convention, no plants are currently under international control, cathinone and cathine controlled under that Convention or under the 1988 were – based on a 1985 recommendation of the Convention”. This, the Board argues, is in contrast to WHO Expert Committee (22nd report, TRS 729) - the 1961 Single Convention under which “plants that added to the list of controlled substances of the 1971 are the sources of drugs, such as UN Convention on Psychotropic Substances, plant, opium poppy and coca bush, are subject to spe- respectively to Schedule I and III. Norephedrine was cific control measures”. Many inconsistencies can in- subsequently included in the list of precursors con- deed be pointed out in the scheduling logic of the UN trolled under the 1988 UN Convention against Illicit treaty system, but the default response of the INCB Traffic of Narcotic Drugs and Psychotropic Sub- always seems to opt for the most stringent levels of stances, as it was often used in the illicit manufac- control without any clear argumentation. Aware that ture of amphetamine. recommendations for scheduling under the UN In 2002 the WHO Expert Committee undertook a Conventions is a unique mandate given to the WHO, pre-review of khat and concluded that there was the Board instead “recommends that Governments sufficient information to justify a critical review on should consider controlling such plant material at the whether the plant itself needed to be placed under national level where necessary”, thereby contradicting international control. The WHO concluded in 2006 the outcomes of the WHO expert review which that scheduling was not required: “The Committee favoured educational measures over criminalisation.

4 | Legislative Reform of Drug Policies Saudi Arabian wahabist tradition which the past decade or so, there has been a regu- determines khat use as 'haram' and un- lar ‘suitcase’ trade from London and Am- Islamic, they have swayed policy makers in sterdam. UK authorities have, on occasion, several European countries as well as Can- offered their US and Canadian counter- ada to treat khat as a drug and bring it un- parts information on incoming deliveries. der control. Law enforcement and border control in North America for the most part ignore it, KHAT CONTROL for reasons that were made clear by a senior As khat remains outside the classificatory border control officer in Ottawa. He was system of the UN drug conventions, it falls concerned that every time khat was de- into a grey area where it is controlled in tected, one or even two officers were taken some countries but legally traded in others. off the line to process the case. This would In the EU, khat is on the list of controlled take up several hours while the suspect was substances in 14 countries: Belgium, Den- being interrogated and possibly kept in mark, , Finland, France, Greece, custody. All the while, staff time and Ireland, Italy, Latvia, Lithuania, Norway, agency resource was taken away from Poland, Slovenia and Sweden. In none of intercepting or shipments, 24 these countries is there a legislative distinc- or other more serious crimes. tion between different types of drugs akin Where action is taken, however, khat cou- to the UK system of classes (A,B,C) or the riers can be arrested, their property seized, five schedules created by the Controlled and charges of drug trafficking brought Substances Act in the (US). against them. To escape detection, khat Guidance from senior criminal justice offi- distribution networks typically recruit cou- cials suggests that high thresholds are in riers from the ‘mainstream’ population, use to distinguish between khat for per- hoping that they will not attract attention. sonal possession (Norway 5 kg, 1 kg) and for the purpose of distribution and There is little information on the trans- supply.21 In Sweden, prison sentences apply Atlantic khat trafficking networks, their for traffickers caught with more than 200kg organisational structure and links with in their possession. other organised crime groups. The trade in khat is facilitated by the dispersal of Somali There are also controls on khat in populations and the enduring clan struc- under the Controlled Drugs and Substances ture, which have created relationships of Act of 1996, and in the US where the Drug trust on which information networks and Enforcement Administration classified the banking systems, like the Hawala25 are drug as a Schedule 1 based. The regular movement of people in 1993. The reasons for these policy deci- across the diaspora, including large scale sions vary widely. In Canada there was migrations recorded from Denmark and concern over the welfare needs and family the Netherlands to the UK, create a back- 22 cohesion of Somali immigrants, while in drop for the movement of commodities but the US khat became associated with Somali also changing markets. fighters in the botched operation by US Special forces in .23 Since the construction of the bridge linking southern Sweden with Copenhagen, the THE CONSEQUENCES OF KHAT Scandinavian suitcase trade has been CONTROL: CRIME NETWORKS replaced by a more regular overland supply from . Traders set out in cars or Legal restrictions on khat imports into Scan- vans from Amsterdam, dropping off khat dinavia and North America have provided in Denmark and Sweden on their way to opportunities for trafficking groups. For Finland. Amsterdam also supplies markets

Legislative Reform of Drug Policies | 5 in Germany, the largest source of khat sei- over the weight of bundles or the price. zures, where khat consumption has grown There is no social intercourse, no commu- in several large cities, including Frankfurt. nity building, but all the alienation and dis- ruption of a drug market. Swedish police have noted shifts in the car- go composition over the years. In 2004 a Many customers live in shared accommo- vehicle was stopped carrying both khat and dation with compromised privacy. Their cannabis from the Netherlands. Subse- khat use is often a solitary exercise; some quently vehicles were stopped with ship- report that they chew as they walk around ments of khat, cannabis and cocaine. Soma- town, always on the lookout for the police. li traders have reacted to the increase in For a few kroner more they can buy a tem- penalties by diversifying their drug imports porary respite inside private flats rented out into drugs with a substantially higher profit by some Somali women with council flat margin. tenancies. In these makeshift 'mafrishes', people gather to chew, drink tea and chat. While this is a logical progression in terms Informers are a constant threat, however, of economic rationality, it has serious im- and police officers report being tipped off plications in terms of crime control and before raids on private apartments. public safety. The prohibition of khat, in other words, has created an opportunity for In the ethnically diverse public housing the formation of transnational crime project, informers can come from any- groups, with consequences for migrant where, but police cultivate their sources communities and wider drug markets. within the Somali community. In Copen- hagen (Denmark), where attitudes to khat POLICE - COMMUNITY RELATIONS are equally draconian, all Somali social clubs are believed to include people who Where khat is a controlled substance, khat report regularly. markets function very differently from the 'mafrishes' in London or Sheffield. In Swe- In Toronto (Canada), relations between the den, the centre of the Somali community is Somali community and law enforcement Rinkeby, a few underground stops away came under serious strain during the late from the centre of town. Most of the enter- 1990s after a number of raids on Somali prises, including supermarkets and retail homes, in which a number of people were outlets appear to be run by ethnic minori- injured and property damaged. Somali ties, but none by Somalis. There are none of men were reportedly stopped in the streets the cafes, shops, and telephone call centres and searched for khat, and some police that mark Somali communities in the UK. officers even visited known community centres and cafes, asking older men to open One of the few economic activities con- their mouths and show that they were not trolled by Somalis is retailing khat when chewing khat. Tensions came to a head shipments come in. The rapid decay of khat when a group of Somalis were arrested for combined with the fear of arrest make for a khat use inside a disused shopping centre, frantic atmosphere. Traders sell off the with an excessive use of force, prompting backs of vans parked in side streets to cus- retaliation. tomers informed over the grapevine. Given the illegality, traders protect themselves by In the UK, by contrast, Somalis have been expediting sales giving their customers only identified by senior police officers as less minimal face time – money is taken, the than average crime generators. Even bundle handed over and the customer though there has been an increase in moved along. Consumers have no time to offending behaviour among young men of inspect the quality of the product, haggle Somali extraction, this is associated with

6 | Legislative Reform of Drug Policies Khat prepared for export in Dire Dewa, Ethiopia gang culture, educational under-achieve- For the producing countries, khat has be- ment and high levels of deprivation rather come an important source of foreign ex- than khat use. Indeed, second generation change. In 2003/4, khat sales were esti- British-Somalis do not have a high level of mated to constitute some 15 % of Ethiopia’s khat use as their substance use patterns export earnings, vying with coffee for the adjust to mainstream ones. There is even a most highly valued cash crop. Khat is culti- reported increase in use. vated by small holders in both Ethiopia and , creating income opportunities for KHAT ECONOMY rural households in one of the poorest parts of the world. Given its resistance In the UK standard rate Value Added Tax and low labour requirements, khat is an has been collected on khat imports since attractive choice for peasant producers. 2007. In 2010, £2.9 million (€ 3.4 million) Compared to other commodities where were raised on imports of 3,002 tonnes prices are set by global markets, khat prices from Ethiopia, Kenya and Yemen, a sharp have shown only modest fluctuations, pro- increase from the late 1990s when only viding farmers with secure livelihoods. The seven tonnes per week (364 tonnes per transporting, processing, packaging and annum) were entering the UK.26 The leaves resale of khat have created employment are imported in boxes weighing 5.5 kg opportunities across the region. At each (Kenya) or 9 kg (Ethiopia, Yemen) with an stage along the commodity chain, and in estimated retail value of £ 120 (€ 140). sharp contrast to trade in coffee, flowers or Kenyan imports of khat, amounting to vegetables, African farmers and traders are 7,000 kgs per week were taxed at £ 35 (€ in control of the trade. More significant, 41), while each box of fresh khat from this economic dynamo has been set in mo- Ethiopia and Yemen was taxed at £ 35 and tion without any support from international dried khat at £ 40 (€ 47).27 development agencies or governments.

Legislative Reform of Drug Policies | 7 The khat debate in the Netherlands

In January 2012, the government of the Netherlands A preliminary study by the Trimbos Institute in 2010 announced its intention to ban khat by putting it on concluded that there were problems among a small List II of the Opium Law. List II contains drugs with group of users and that some in the Somali commu- “an acceptable degree of addictiveness or physical nity, by far the biggest of the khat-consuming commu- harm”, such as cannabis. List I includes substances nities in the Netherlands, advocated a ban.30 However, with an “unacceptable risk,” like heroin or cocaine. the study steered away from recommending one. In The active alkaloids of khat, cathinone and cathine, June 2011, the Garretsen Commission, which was had already been listed as controlled substances in the tasked with a review of substance scheduling, recom- Opium Law due to the 1971 UN Convention.28 Khat mended yet another assessment of khat. Particular in its natural state, however, was legal, which was attention was to be paid to the social and societal confirmed by a ruling of the Supreme Court in 1995. damage of khat and to the international context. The The scheduling of khat on List II will make the impor- report failed to make clear what had changed since the tation and distribution of khat illegal. It will still leave assessments of 2007 and 2010.31 open the option to put khat use under a similar con- The Somali community is still divided on the issue. trol regime as cannabis – the sale of which is tolerated While some people feel a minority of khat users are in licensed coffeeshops – but the government has not causing a problem that jeopardises the whole commu- made clear if it would allow the use of khat in this way. nity, others argue that criminalising the substance will Schiphol airport is the main point of entry of khat for only deepen the social problems. Most acknowledge the Netherlands, with four flights a week bringing in the problems are mainly caused by a small group of an estimated 25.000 kgs. a year. Most of it crosses the recent immigrants that have arrived during the past national border to supply other khat chewing commu- four to five years, many of whom with serious war nities worldwide. In the Netherlands, khat is used only traumas that need special attention and treatment. by people of Somali, Yemeni and Ethiopian origin, who enjoy recreational chewing mainly in private As a result of complaints about public nuisance from homes. Distribution is through shops and street mar- mayors of several towns, the government requested kets in marginal areas like parking lots and disused the Trimbos Institute to expand its preliminary study. industrial estates. Khat is mainly sold in so-called khat In January 2012, the government sent the study to houses, often located in socially vulnerable areas. A parliament with the announcement that it intended to limited number of khat houses serves a large group of put khat on List II, even though the study did not Somalis from the wider region, creating a large influx make any such recommendation.32 The study showed which sometimes causes public nuisance. that about 10% of users develop problematic patterns that require attention and assistance. Of the 11 muni- Previous calls for the ban of khat resulted in a risk cipalities where khat is traded, six reported nuisance assessment in 2007 by the Co-ordination Centre for and public order problems and only three indicated to the Assessment and Monitoring New Drugs (CAM), a support a ban. Most did not have an opinion about a government advisory body that assesses new drugs on ban or preferred better regulation to address prob- the market.29 “The use of khat poses little risk to the lems. One feared that a ban would focus too much on health of the individual user, and it presents no appre- problematic khat use and would risk neglecting the ciable risk to Dutch society as a whole. There is there- social problems among Somalis such as unemploy- fore no reason to prohibit its use in the Netherlands,” it ment, lack of education and welfare dependence. concluded. Khat had the lowest overall ranking of risk among all of the substances subjected to such assess- Sufficient means are available to mitigate any possible ments and there was no evidence linking the use of public nuisance incidents through byelaws at the local khat with organised crime. According to the CAM, a level. The question to be addressed by the Dutch ban would stigmatise the Somali community, without parliament should be how existing social and medical any prospects of a significant reduction in demand. problems of migrant communities can be effectively Discouraging use through education was considered met, while finding creative solutions to avoid public sufficient to increase the awareness to the potential nuisance caused by khat sales. Experiences from negative social consequences and adverse health North America and Scandinavia show that a ban will effects of excessive use. not solve these problems but tend to increase them.

8 | Legislative Reform of Drug Policies While African farmers can create secure members of the Eritrean, Somali and livelihoods cultivating khat, the imported Ethiopian communities meet for cultural produce is traded at moderate prices. Retail events, to exchange information and simply prices for bundles of khat in the UK are be- socialise. Khat is imported from Amster- tween £ 3-6 (€ 4.4-8.8) per bundle depend- dam, sold under the counter in restaurants ing on freshness and quality.33 As London and shops, and generally tolerated by the and Amsterdam serve as entrepôts, some of police. In the run-up to Valentine’s Day in these imports are repackaged and sold on 2011, KLM was reported to have given all to markets in Scandinavia, continental available cargo space to flower exports, pri- Europe and North America. Prices for khat oritising above khat cargo. As a result, khat vary accordingly, with bundles selling for € stock was left piling up at the African air- 14 in Denmark, € 21 in Sweden and C$50 port and arrived in European markets sev- (€ 33) in Canada.34 eral days after harvest. In Frankfurt, several poor batches had even gone mouldy and THE COSTS OF KHAT CONTROL – CRIME were refused by most customers. Signifi- AND STIGMA cantly it were the Somalis who decided to chew it, underlining the vulnerability of In countries where khat use is legally re- this population group. stricted, consumers pay significantly more for a poorer product. They risk the possibi- KHAT AND SOCIAL PROBLEMS lity of arrest and altercation, even violence, at the point of purchase. Unlike visitors to a In the UK, the Netherlands, Sweden and London or Amsterdam 'mafrish', they are Denmark the argument for controlling khat not valued customers under the protection has been partly driven by some members of of the law, but anti-social offenders. As they the Somali community, and has been transgress from behaviour treated as mere phrased in terms of family cohesion, cul- cultural difference into behaviour that is tural integration and economic develop- proscribed by law, several aspects of their ment. These are genuine concerns as the migrant identity coalesce to create a strong Somalis constitute one of the least privi- stigma. Muslim immigrants and asylum leged population groups, with high levels of seekers from Africa, who are already mar- unemployment and poor education. While ginalised socially, through engaging in there are genuine issues around khat use, ‘drug abuse' become a focus of ‘police at- the suggestion that it is the cause of multi- tention’, vulnerable to arrest and ending up ple deprivations simply diverts attention in the criminal justice system. The legal from underlying structural problems. status of a psychoactive substance can The changes in the pattern of khat con- reinforce a collective sense of the ‘spoilt sumption in Eastern Africa have given rise identity’ that comes from the experience of to concerns that echo the discussions in low status and social disapproval.35 This European countries. According to one epi- process may be particularly pronounced demiological study, in Somaliland there is among migrants who are suffering from an association between khat consumption post traumatic stress disorder. It is not a and , however the causality re- surprise that excessive khat use is reported mains unclear. Furthermore, it is not khat most widely from among the Somali com- per se that is related to psychosis but par- munity, many of whom suffered significant ticular patterns of use. Such patterns in- trauma in that conflict-affected country. clude early intake in life, and excessive use The khat scene in Frankfurt (Germany) is (that is more than two bundles a day). This reportedly based in community centres for problematic pattern is found particularly different immigrant groups from East among ex-combatants, including many Africa. These are public spaces where former child soldiers.36

Legislative Reform of Drug Policies | 9 This raises basic questions about supposed investigation of feasibility, consequences or causal relations between khat use and the benefits of such a ban. Where khat has been problems of a vulnerable minority with studied most extensively, namely Australia, untreated mental health conditions. There the UK and until recently, the Netherlands, is a risk that the need for service provision governments have steered clear of prohibi- for traumatised war victims is used as a tion. Not only does the evidence of khat pretext for criminalising khat. This would related harm not merit such controls, but reduce the supply but exacerbate the condi- the negative consequences outweigh any tion, with khat users becoming exposed to benefits from reduced consumption. criminal elements and police attention. Either case is prejudicial to their mental The cost of khat controls can be summa- well-being and likely to contribute to, rized as criminogenic; reinforcing the rather than reduce, the onset of clinical epi- isolation and vulnerability of immigrant sodes. The khat bans in North America and populations, and impacting negatively on Scandinavia have yet to prove effective in livelihoods and economic development in enhancing the integration of the Somali producer countries. The hoped for benefits community. Emotional as the debate on of reduced khat consumption have not de- khat is, the argument over efficacy of con- livered social inclusion or economic pros- trol policies can not be divorced from ex- perity in countries where khat has been amining poverty, immigration and goals of banned. Indeed, migration patterns within particular interest groups. the diaspora point towards movement from Scandinavia to Britain where opportunities Social problems relate largely to the greater are perceived as more promising. One of availability of khat, in itself a consequence these is of course, the khat economy itself, of transport improvements and commodi- with retail and catering providing a rare fication, and a loosening of social controls. competitive advantage. In the Ethiopian highlands and along Kenya’s coast, both regions where khat was Khat related problems are tied to the un- not known until recently, use is spreading derlying, structural vulnerabilities of the especially among young people. The moral immigrant populations, and particularly ambiguity surrounding the substances cre- the Somali community. This involves prob- ates stigma particularly for female users. In lems of cultural alienation, lack of profes- Kenya and Uganda for example, women sional skills and educational attainments, chewing khat are often tarnished as pros- but also family fragmentation and poor titutes, even though only a minority of us- mental health that resulted from the migra- ers identify their profession as sex-workers. tion experience. These dovetail with the Indeed, many women are working in the second dimension of problematic and in- khat trade, involved in processing of khat tensive khat consumption by a minority of for market, as traders or retailers.37 The chewers. Post traumatic stress disorder, denigration of khat users by advocates of patterns of khat use in refugee camps, the control measures is largely explained by a ongoing crisis in Somalia as well as gender poor understanding of khat and its effects, relations are important factors in this 38 and by alarm particularly in conservative regard. social circles over young people's behaviour What migrant communities and proble- and female independence. matic users need is constructive engage- ment and targeted interventions. The CONCLUSION wholesale criminalisation of a cultural In several countries khat was prohibited practice will only serve to intensify the very after the active ingredients, cathine and problem that community leaders are seek- cathinone were scheduled, without any ing to address. ●

10 | Legislative Reform of Drug Policies M., Opperhuizen, A., van Amsterdam, J. G. C. NOTES (2008), ‘Risk assessment of khat use in the Nether- lands. A review based on adverse health effects, 1. Axel Klein is a lecturer in the Study of Addictive prevalence, criminal involvement and public order’, Behaviour at the University of Kent and has written Regulatory Toxicology and Pharmacology 52, pp. extensively on the issue of khat. Pien Metaal is a 199–207.; WHO (2006), Assessment of khat (Catha researcher at the Transnational Institute (TNI) and edulis Forsk), WHO Expert Committee on Drug Martin Jelsma is the coordinator of TNI’s Drugs & Dependence, 34th ECDD 2006/4.4, Democracy programme. The photos are by Degol http://www.who.int/medicines/areas/quality_safety/4 Hailu and Susan Beckerleg. .4KhatCritReview.pdf 2. Kennedy, J. G. (1987) The Flower of Paradise: the 12. EMCDDA (2011) institutionalized use of the drug qat in . New York: D. Reidel Publishing; Weir, S. (1985) Qat 13. 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Legislative Reform of Drug Policies | 11 24. Anderson, D. M., Beckerleg, S., Hailu, D. and http://www.rijksoverheid.nl/bestanden/documenten- Klein, A. (2007), The Khat Controversy: Stimulating en-publicaties/rapporten/2012/01/10/rapport- the Debate on Drugs. Oxford: Berg qatgebruik-onder-somaliers-in-nederland/rapport- 25. Hawala (also known as hundi) is an informal qatgebruik-onder-somaliers-in-nederland.pdf value transfer system or alternative remittance 33. Carrier, N. C. M. (2006) ‘Bundles of choice: system that exists or operates outside of, or parallel to Variety and the creation and manipulation of traditional banking or financial channels. Kenyan khat's value’, Ethnos, 71(3), pp 415–437. 26. Anderson et. al. (2007); Griffiths, P. (1998), Qat 34. Anderson et. al., 2007; Omar, A. and Besseling, R. Use in London: A study of qat use among a sample of (2008) Khat: a drug of growing abuse. Lund: EURAD Somalis living in London, Drugs Prevention Initiative, Sverige; Sundhedsstyrelsen (2009) Brug Af Khat Paper 26. London: Home Office. Blandt Personer Med Somalisk Baggrund Denmark: 27. Home Office (2011), Khat: Social harms and Department of Health. legislation: A literature review, Occasional Paper 95, 35. Goffman, Erving (1963), Stigma: Notes on the July 2011 Management of Spoiled Identity. Prentice-Hall. http://www.homeoffice.gov.uk/publications/science- 36. Odenwald M, Hinkel H, Schauer E, Schauer M, research-statistics/research-statistics/crime- Elbert T, Neuner F, Rockstroh B. (2009), ‘Use of khat research/occ95 and post-traumatic stress disorder as risk factors for 28. Cathinone is on list I and cathine on list II of the psychotic symptoms: a study of Somali combatants,’ Dutch Opium Law. Social Science and Medicine; 69(7):1040-8 29. Coördinatiepunt Assessment en Monitoring 37. Beckerleg, S (2010). ‘East African discourses on nieuwe drugs (CAM), Risicoschatting qat 2007, khat and sex.’ Journal of Ethnopharmacology, November 2007, Volume 132, Issue 3, pp. 600–606 http://www.rivm.nl/bibliotheek/digitaaldepot/CAM_ 38.Beckerleg, S (2010; Hansen, P. (2010). ‘The ambi- qat_risicoschattingsrapport_2007.pdf guity of khat in Somaliland.’ Journal of Ethnophar- 30. De Jonge, M & Clary Van der Veen, C. (2010), macology, Volume 132, Issue 3, pp. 590–599 Qat gebruik onder Somaliërs in Nederland: Studie naar de invloed van Qat op de sociaaleconomische situatie en de gezondheid van Somaliërs, Utrecht: Trimbos Instituut. 31. Expertcommissie Lijstensystematiek Opiumwet, Drugs in lijsten, June 2011, http://www.rijksoverheid.nl/bestanden/documenten- en-publicaties/rapporten/2011/06/27/rapport-drugs- in-lijsten/rapport-drugs-in-lijsten.pdf 32. De Jonge, M & Clary Van der Veen, C. (2011), Qatgebruik onder Somaliërs in Nederland, Utrecht: Trimbos Instituut;

Drug Law Reform Project The project aims to promote more humane, balanced, and effective drug laws. Decades of repressive drug policies have not reduced the scale of drug markets and have led instead to human rights viola- tions, a crisis in the judicial and penitentiary systems, the consolida-

tion of organized crime, and the marginalization of vulnerable drug users, drug couriers and growers of illicit crops. It is time for an honest discussion on effective that considers changes in both legislation and implementation. Transnational Institute (TNI) This project aims to stimulate the debate around legislative reforms De Wittenstraat 25 by highlighting good practices and lessons learned in areas such as 1052 AK Amsterdam , proportionality of sentences, specific harm reduc- The Netherlands tion measures, alternatives to incarceration, and scheduling criteria Tel: -31-20-6626608 for different substances. It also aims to encourage a constructive dia- Fax: -31-20-6757176 logue amongst policy makers, multilateral agencies and civil society E-mail: [email protected] in order to shape policies that are grounded in the principles of www.druglawreform.info human rights, public health and . www.undrugcontrol.info

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