July 2006
 
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Current News

 

New publications
 

Audit of police oversight in the East African Region
Julie Berg. Institute of Criminology, University of Cape Town. Report commissioned by the African Policing Civilian Oversight Forum (APCOF) and funded by the Open Society Foundation (OSF) and the Open Society Justice Initiative. June 2005.
 
This report is based on a desktop audit of oversight mechanisms in a number of Eastern African countries including Burundi, Djibouti, Eritrea, Ethiopia, Kenya, Madagascar, Mauritius, Rwanda, Seychelles, Somalia, Sudan, Tanzania and Uganda. The report identifies a range of mechanisms that have some oversight powers over the police – including for instance, traditional bodies of oversight such as human rights commissions, police complaints bodies and the ombudsman as well as bodies which have broader duties but which may entail overseeing the police such as international human rights organisations and the media. Also, included in the audit, is the national legislation which has been adopted to ensure the upliftment of human rights and freedoms, as well as the restrictions in place to prevent abuse of police powers and use of force. Any policies or reform attempts or agreements which have impacted on police accountability are also included. No discussion on policing is complete without some form of contextualisation therefore each country includes a brief country background (that is political history) and brief remark on the structure of the state police operating in that country. View report online >>>>

Police oversight organizations in West Africa
Etannibi EO Alemika, Dept. of Sociology, University of Jos. Report commissioned by the African Policing Civilian Oversight Forum (APCOF) and funded by the Open Society Foundation (OSF). 2005.

The main objective of this work is to audit the police civilian oversight agencies in West African countries. Specifically, the work identifies external public oversight agencies administered by civilians and established by the government. Such agencies may be assigned a variety of functions including human rights protection that may involve some elements of police oversight. There are in particular, agencies that are charged with explicit police oversight functions such as the police service commissions and human rights commissions with wide rights protection mandates. Parliamentary police committees and judicial proceedings to redress violations of rights are elements of democratic constitutional frameworks for holding police accountable. But due to the fragile nature of the democratic transition in West African countries, the parliamentary and judicial oversight mechanisms tend to be weak or generally inaccessible to average citizens who need redress for the violations of their rights by the police. View report online >>>>

'Public Law Values and the Politics of Criminal (In)Justice: Creating a Democratic Framework for Policing in Kenya' Oxford University Commonwealth Law Journal, 5(2):225-256.  Akech, M. 2005.

This article seeks to assess the effectiveness and legitimacy of Kenya’s policing framework by reference to the extent to which it promotes public law values, especially public participation and accountability. In doing so, the article questions the adequacy of the existing legislative and institutional mechanisms for the accountability of the policing apparatus, whether public or private.  The article advances two principal arguments. First, it argues that Kenya’s policing framework is ineffective largely because it is executive-dependent, undemocratic and inequitable. And because it is undemocratic, it lacks legitimacy, which is a fundamental prerequisite for effective policing. Secondly, it argues that Kenya’s public law framework is not suitable for the creation of an effective and democratic policing apparatus in the “contracting state.” As a result, public-private partnerships for crime prevention and control, which are necessary given the limited resources of the Kenya Police Force, will not be effective in the absence of democracy-enhancing legislative and institutional reforms. Indeed, in the absence of such reforms, the growing private policing regime will only serve to perpetuate citizen perceptions of injustice to the detriment of governmental legitimacy.

The Police, The People, The Politics: Police Accountability in Kenya  
A Joint Report by Commonwealth Human Rights Initiative & Kenya Human Rights Commission. 2006.

This report on policing in Kenya is part of a larger comparative study and examines the Kenyan Police, looking particularly at illegitimate political control, the impact of that control on policing, and the reform answers that will provide a more democratic and more accountable police service to the Kenyan people. A separate report on policing budgets in Kenya has also been produced.  View online >>>>

The Police, The People, The Politics: Police Accountability in Uganda
Joseph Gitari & Dr. Willy Mutunga, Ford Foundation, Kenya and edited by Maja Daruwala, CHRI. 2006.

The report looks particularly at illegitimate political control, the impact of that control on policing, and the reform answers that will provide a more democratic and more accountable police service to the Ugandan people.  A separate report on policing budgets in Uganda has also been produced. Published by the Commonwealth Human Rights Initiative.  View Online >>>>

The Police, The People, The Politics: Police Accountability in Tanzania
Joseph Gitari & Dr. Willy Mutunga, Ford Foundation, Kenya and edited by Maja Daruwala, CHRI. 2006.

This report examines the concept of democratic policing and accountability in practice, in the Tanzanian context. It looks at the development of the Tanzanian Police Force, analyses the issues the police are faced with, considers the legislative and political frameworks that the police operate within and critiques policing budgets in Tanzania. Finally it suggests the reforms that need to take place in Tanzania and provides a roadmap for those reforms. Published by the Commonwealth Human Rights Initiative.
View Online >>>>

Enforcing fear: Police abuse of sex workers when making arrests. 
Nicole Fick. SWEAT. South African Crime Quarterly no 16, 2006.

This Cape Town based study shows that the highest levels of violence against sex workers come from the police. Far from guaranteeing the rights of the accused, police officers’ actions against sex workers when making an arrest are characterised by criminal activity including theft, assault and rape. Moreover, the minimum use of force is rarely applied when arresting sex workers. These findings reflect a worrying lack of respect for the basic human and constitutional rights of the most vulnerable in South African society. View online >>>>

The Khampepe Commission. The future of the Scorpions at stake 
Prince Mashele. Institute for Security Studies. ISS Paper 126, 2006.

This paper provides insights into the events leading up to the establishment of the Khampepe Commission and offers a general overview of what was at stake during the proceedings. It is written in simple language to ensure that it is accessible to the public. 
View document online >>>>

An overview of the Independent Complaints Directorate (ICD) in the light of proposals to restructure the Directorate 
Duxita Mistry and Melanie Lue-Dugmore. Prepared for the Open Society of South Africa. 2006.

This study examines a number of issues in connection with the ICD including the categories of complaints received, the performance of the ICD, factors that contribute to the backlog of cases, resource constraints and the relationship between the SAPS and the ICD.
View online >>>> 

Please contact if you have difficulty accessing any of these documents.

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Conferences and Workshops
 

National Workshop on Strengthening Police Internal Complaints Systems in Abuja, Nigeria: 26-29 June 2006
The two day conference organized by the Police Performance Monitoring Unit, Ministry of Police Affairs in collaboration with CLEEN Foundation and with support from the Macarthur Foundation, brought together more than a hundred delegates to consider the necessity for, and challenges confronting the, strengthening of internal complaints systems within the police. The discussions between representatives from the Ministry, Nigerian Police, the police research community (local and international) were characterized by a lively exchange of views and a fair bit of controversy. A provocative entry point to the discussion was provided by the statement that ‘the Nigerian Police is a hard commodity to sell’ as both its credibility and effectiveness continues to be under attack.  The reasons underlying this state of affairs were admittedly complex. Here political interference, corruption, 'moral decadence' within the police, and resource constraints (to highlight some of the key factors) all played a role.  The remaining discussions focused on the actual workings of internal disciplinary procedures, the blockages encountered and the strategic priorities for advancing internal accountability of the police in Nigeria.

After two days of in-depth discussion, it was suggested that a conference committee be established to pursue the priority areas for action as defined by delegates. The latter included the need for:  synchronizing the respective efforts of external and internal oversight mechanisms;  developing a database to track complaints;  opening up the budgetary allocation for internal mechanisms to public scrutiny; compiling a booklet on disciplinary mechanisms on offer for civilians; conducting a public awareness campaign to address relational issues between police and citizens; and creating opportunities for acknowledging and rewarding good conduct/performance amongst the police.

The discussions in Abuja - whilst focusing on the Nigerian Police - were of comparative relevance to other public police institutions struggling to institutionalize the principles of accountability and effectiveness in the day-to-day operational practices of the police.  Whilst South African experiences in police reform yielded insight into transitional dynamics, the Nigerian debate, in turn, can teach South Africans about the necessity for re-thinking the respective importance of, and inter-relationship between, internal and external mechanisms for accountability and oversight.
Elrena van der Spuy, Institute of Criminology.

The Police, The People, The Politics. Police Accountability in East Africa - Concluding statement 
Commonwealth Human Rights Initiative. 2006.

On 12 and 13 June, representatives from Kenya, Uganda and Tanzania met at a roundtable in Arusha to discuss police accountability in the East Africa region. The roundtable was facilitated by the Commonwealth Human Rights Initiative, in collaboration with the East Africa Law Society, with participation from members of the police, civil society organisations, law societies, judiciary, academia, government bodies, National Human Rights Institutions and media.   View details >>>>

Police Oversight: Why is it still necessary in a democratic South Africa?
Institute for Security Studies 27/06/2006
Drawing on the experiences of the Independent Police Complaints Commission (IPCC) in the United Kingdom, this seminar examined the relevance and need for the ICD today. View details >>>>

Making Sense of the Cabinet Decision on the Future of the Scorpions
ISS Seminar, Pretoria, 13 July 2006.
Cabinet has considered and made a decision regarding the findings and recommendations made by Judge Sisi Khampepe in relation to the mandate and location of the Directorate of Special Operation/Scorpions.  This seminar is aimed at shedding some light on the meaning and implications of the decision for the future work of the Scorpions.  View details >>>>   

Social Justice and Human Rights in the Era of Globalisation: Between Rhetoric and Reality 
This international Conference will be held in Leuven (Belgium), August 21-23, 2006. Conference sub-themes include: Social Justice and Human Rights and Societies in Transition: What does the concept of social justice mean in societies emerging from violent conflict? How to tackle issues of legal justice and social justice at the same time? What is the role of the international community in promoting social justice and human rights in societies in transition? View details >>>>

The International Police Executive Symposium (IPES) will be held in Dubai on April 8-12, 2007.  The title of the symposium is "Urbanisation and Security" and will look at critical security issues governments are confronted with, rapid urban growth, urban crime and public safety, the role of private security in urban public safety, amongst others.  For more information please email Barbara Young, .

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Current News
 

SOUTH AFRICA

Nqakula to approach court for vicarious liability ruling 
Ernest Mabuza. Business Day. www.bday.co.za   11/07/2006
Safety and Security Minister Charles Nqakula is going to the Constitutional Court again to challenge the rule of vicarious liability, in terms of which an employer may be sued for damages suffered due to the fault of its employees.   View details >>>> 

Statement on the report of the Khampepe Commission of Inquiry
Government Communications. GCIS. 29/06/2006
The President appointed the Khampepe Commission to inquire into the mandate and location of the Directorate of Special Operations (DSO) and other matters pertaining to the functioning of this institution. The commission has completed its report after a process that entailed written and oral submissions from various interested parties. Most of its hearings were held in public.   View details >>>> 

Cabinet backs Khampepe report maintaining separation from SAPS
Dumisane Lubisi. Sunday Times. 02/07/2006
National police Commissioner Jackie Selebi is the clear loser in the battle for control of the elite Scorpions crime-busting unit. As well as not gaining control of the unit, the Cabinet has also accepted the police watchdog, the Independent Complaints Directorate (ICD), be empowered to investigate any “infractions that may attend the law enforcement functions” of the Scorpions.   View details >>>>   

Police under fire for ‘ignoring watchdog’ 
Ernest Mabuza. Business Day. 28/06/2006
Lack of co-operation between the South African Police Service (SAPS) and the Independent Complaints Directorate (ICD) is hindering the directorate’s oversight role, says the Institute for Security Studies.  
View details >>>> 

Govt condemns violent assault on cops
Veronica Mohapeloa and David Masango. Bua News. 26/06/2006.
Safety and Security Minister Charles Nqakula says government is concerned about the seriousness and the violent nature of some of the crimes committed in the country. The minister was responding to a shootout that occurred in Johannesburg yesterday that saw four police officers killed including eight suspected robbers. View details >>>>

Security strike ends after months of strife 
Bonile Ngqiyaza. The Star. www.iol.co.za 22/06/2006
The more than two-month-long, violence-ridden security guard strike is finally over, and employers can expect some of their workers to begin trickling back on Thursday.  View details >>>>

Nqakula ordered to fork out millions 
Boyd Webb. www.iol.co.za 22/06/2006
Courts have ordered Safety and Security Minister Charles Nqakula to pay out more than R47-million in compensation and damages for civil suits since 2004. View details >>>>

Police vehicles 'should not be used as taxis' 
Graeme Hosken. www.iol.co.za  22/06/2006
An internal police memo leaked to the Pretoria News has revealed that rules about the use of police cars for private purposes are being flouted across Gauteng.  View details >>>> 

SA still needs police watchdog, says Nqakula 
Boyd Webb. Cape Times. www.iol.co.za 02/06/2006
Despite his national police commissioner's view that it has served its purpose, Safety and Security Minister Charles Nqakula has said that the police watchdog, the Independent Complaints Directorate (ICD), will not close down.  View details >>>>

Briefing session on the impact of SAPS restructuring on the policing of violence against women and children.
ISS & SAPS 31/05/2006 
The Institute for Security Studies (ISS) in Pretoria hosted a briefing session and discussion in collaboration with the South African Police Service (SAPS) on the planned restructuring of the SAPS.   View details >>>>

Not surprising cops don't want to be monitored 
Sapa. 19/05/2006
There was nothing surprising about national police chief Jackie Selebi's call for the demise of the Independent Complaints Directorate (ICD), the body said on Thursday. View details >>>>

Durban cops hire out their guns
Zukile Majova. Pretoria News. 08/05/2006
Durban city manager Mike Sutcliffe has demanded that an audit of Durban Metro Police firearms be presented to the eThekwini council amid reports that Durban Metro Police officers were hiring out or selling their firearms to criminals.  View details >>>>

SOUTHERN AFRICA:

Nigeria:

Police Break Up Meeting of Activists Protesting Commissioner's Removal
Open Society Justice Initiative. 13/07/2006
The Open Society Justice Initiative today denounced a police crackdown on a meeting of human rights activists in Abuja and the threatened arrest of meeting organizers. The meeting, termed a "People's Tribunal," was organized by Nigerian human rights NGOs to protest the recent removal of Bukhari Bello as head of Nigeria's National Human Rights Commission (NHRC)—a move interpreted by the NGOs as a direct assault on the independence of that body.  View details >>>>

A Lawless Police Force? 
This Day (Lagos). Editorial. 16/06/2006
Over time, impunity and brutality have become somewhat indigenous to the Nigeria Police. Even so, nothing would compare with the experience of Governor Olagunsoye Oyinlola of Osun State.  
View details >>>>     

Malawi:

Put an end to torture in police cells
The Daily Times, Malawi. 03/07/2006 
The Malawi Human Rights Commission (MHRC), a watchdog of public institutions on human rights, has issued a report that makes very serious allegations against some departments of the police service, like the Criminal Investigations Department. View details >>>>

House confirms Kumbambe as IG
Deborah Nyangulu & McDonald Bamusi. The Daily Times. 28/06/2006
Both opposition and government sides of Parliament on Tuesday united to unanimously confirm Oliver Kumbambe, 39, as Inspector General (IG) of the Malawi Police Service.  View details >>>> 

Zimbabwe:

Storm over Human Rights Commission: Mugabe's plans to establish a human rights body greeted with contempt
Tino Zhakata. The Zimbabwean. 29/06/2006 
A proposal by President Robert Mugabe's government to establish a Zimbabwe Human Rights Commission has been greeted with widespread scorn and cynicism by rights groups who have been protesting the administration's extra-judicial killings and other forms of oppression for decades.  View details >>>>

DR Congo:

UN speeds up police training to provide security for elections  
UN News Centre. 29/06/2006 
As the United Nations prepares for next month’s elections in the Democratic Republic of the Congo (DRC), the largest and most challenging it has ever helped organize, the UN mission there is training thousands of police to provide security for a vote that is meant to cement the vast country’s transition from a disastrous civil war.  View details >>>>
  
Ghana:

Exhibit Empathy and Professionalism-IGP Tells Police Officers  
Clement Boateng. Ghanaian Chronicle. 13/06/2006
The Inspector-General of Police (IGP), Mr. P.K. Acheampong, has urged the personnel of the Ghana Police Service (GPS) to take note of the human rights provision of Ghana's constitution and display empathy as well as professionalism in their work.  View details >>>>

Equipping the Police to Perform Responsibly  
Linda Akrasi. Ghanaian Chronicle. 09/06/2006
Parliamentarians have called for the efficient equipping of police personnel to make them more effective in the discharge of their duties to the betterment of mother Ghana. View details >>>>

Police Council Returns to Ghana
Edmund Amarkwei Foley & Daniel Woods.  08/06/2006
Commonwealth Human Rights Initiative newsletter. Summer 2006.
Ghana took a step towards more democratic, accountable policing in March with the appointment of a Police Council. Ghana’s Police Council is a constitutional body that advises the President on policy related to internal security, including the role of the police, police budgets, finance and administration and the promotion of senior officers.  View details >>>> 

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