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Policing and Human Rights Assessing southern African countries’ compliance with the SARPCCO Code of Conduct for Police Officials African Policing Civilian Oversight Forum Policing and Human Rights Assessing southern African countries’ compliance with the SARPCCO Code of Conduct for Police Officials Edited by Amanda Dissel and Cheryl Frank © 2012, African Policing Civilian Oversight Forum. All rights reserved. ISBN: 978-1-920489-81-6 No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form, or by any means, without the prior permission of the publisher. Published for the African Policing Civilian Oversight Forum by African Minds. African Policing Civilian Oversight Forum 2nd Floor, The Armoury, Buchanan Square, 160 Sir Lowry Road, Woodstock, Cape Town www.apcof.org African Minds 4 Eccleston Place, Somerset West, 7130, South Africa [email protected] www.africanminds.co.za ORDERS: African Books Collective PO Box 721, Oxford OX1 9EN, UK [email protected] www.africanbookscollective.com Design, typesetting and printing: COMPRESS.dsl | South Africa Contents Authors iv Acronyms vi Acknowledgements viii 1 Introduction 1 2 Angola 8 3 Botswana 24 4 Lesotho 38 5 Malawi 56 6 Mozambique 76 7 Namibia 100 8 South Africa 121 9 Swaziland 142 10 Zambia 159 11 Zimbabwe 177 12 Conclusion 201 iii Authors » David Bruce, Independent Researcher, South Africa » Peter Chinoko, Catholic Commission for Justice and Peace, Malawi » Maria Lúcia da Silveira, Associação Justiça, Paz e Democracia (AJPD), Angola » Pauline Dempers, Breaking the Wall of Silence, Namibia » Amanda Dissel, Independent Researcher, South Africa » Louise Edwards, African Policing Civilian Oversight Forum (APCOF) » Roselyn Hanzi, Zimbabwe Lawyers for Human Rights, Zimbabwe » Leon Kukkuk, Independent Researcher, Angola » Mijausse Maguiava, Mozambican Force for Crime Investigation and Social Reintegration (FOMICRES), Mozambique » Trevor Maisiri, African Public Policy and Research Institute (APPRI), Zimbabwe » Themba Masuku, Independent Researcher, South Africa » Lungile Mnisi, Coalition for Concerned Civics, Swaziland » Dr Gladys Mokawa, University of Botswana, Botswana » Prof. Mpho Molomo, University of Botswana, Botswana » Dr Robert Mtonga, International Physicians for the Prevention of Nuclear War (IPPNW), Zambia » Benjamin Nyqvist, Urban Trust of Namibia (UTN), Namibia » Eugenia Pascoal, Mozambican Force for Crime Investigation and Social Reintegration (FOMICRES), Mozambique » Dr Martin Rupiya, African Public Policy and Research Institute (APPRI), Zimbabwe » Sean Tait, African Policing Civilian Oversight Forum (APCOF) » Marosa Tsehlo, Independent Consultant, Lesotho iv POLICING AND HUMAN RIGHTS Acronyms ACC Anti-Corruption Commission (Namibia) ACC Anti-Corruption Commission (Zambia) ACHPR African Commission on Human and Peoples’ Rights AJDP Associação Justiça, Paz e Democracia (Angola) APCOF African Civilian Policing Oversight Forum APPRI African Public Policy and Research Institute (Zimbabwe) APRM African Peer Review Mechanism BBC British Broadcasting Corporation BDF Botswana Defence Force BDP Botswana Democratic Party BPS Botswana Police Service CAT United Nations Committee Against Torture CEDAW United Nations Committee on the Elimination of Discrimination against Women CHRPA Commission for Human Rights and Public Administration (Swaziland) CID Crime Intelligence Division (Botswana) CID Criminal Investigations Department (Lesotho) CID Criminal Investigation Directorate (Zambia) CIS Crime Intelligence Service (South Africa) CLC Community Law Centre (South Africa) DCEC Directorate on Corruption and Economic Crime (Botswana) DHD Direitos Humanos e Desenvolvimento (Directorate of Human Rights and Development, Mozambique) DIS Directorate of Intelligence Service (Botswana) DNIC National Directorate of Criminal Investigation (Angola) DPIC Provincial Directorate of Criminal Investigation (Angola) DPP Director of Public Prosecutions (Swaziland) EPOC Ekurhuleni Pride Organising Committee (South Africa) EU European Union v FCS Family Violence, Child Protection and Sexual Offences Units (South Africa) FIDA Federation of Women Lawyers (Lesotho) GCPU Gender and Child Protection Unit (Lesotho) GNU Government of National Unity (Zimbabwe) GPA Global Political Agreement (Zimbabwe) HAWKS Directorate for Priority Crime Investigations in the SAPS (South Africa) HIV Human Immunodeficiency Virus IAADH Angola Anti-militaristic Initiative for Human Rights IBA International Bar Association ICC International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (Zimbabwe) ICD Independent Complaints Directorate (South Africa) ICPRA International Council of Police Representative Association (Swaziland) IDASA Institute for Democracy in Africa IIU Internal Investigation Unit (Swaziland) ILEA International Law Enforcement Agency (Botswana) IPID Independent Police Investigative Directorate (South Africa) LAC Legal Assistance Centre (Namibia) LDH Liga Mocambicana dos Diritos Humanos (Mozambican Human Rights League) LGBTI Lesbian, Gay, Bisexual, Transgendered and Intersex persons LMPS Lesotho Mounted Police Service LVS Lay Visitors Scheme (Malawi) MACC Minimum Anti-Corruption Capacity Requirements (South Africa) MDC Movement for Democratic Change (Zimbabwe) MHRC Malawi Human Rights Commission MI Military Intelligence (Botswana) MPLA Popular Movement for the Liberation of Angola MPS Malawi Police Service NamPol Namibia Police Force NGO Non-Governmental Organisation NPCDU Namibian Police Complaints and Discipline Unit OPCAT Optional Protocol to the United Nations Convention Against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment OPDSC Organ on Politics, Defence and Security Cooperation (SADC) OSISA Open Society Initiative for Southern Africa OSSU Operational Support Service Unit (Swaziland) PCA Police Complaints Authority (Lesotho) vi POLICING AND HUMAN RIGHTS PLAN People’s Liberation Army of Namibia PNA Polícia Nacional de Angola (Angolan National Police) PPCA Police Public Complaints Authority (Zambia) PPSU Police Professional Standards Unit (Zambia) PRM Polícia da Republica da Mocambique (Mozambique National Police) RSP Royal Swaziland Police SACCORD Southern African Centre for the Constructive Resolution of Disputes SADC Southern African Development Community SAP South African Police Force SAPS South African Police Service SARPCCO Southern African Regional Police Chiefs Cooperation Organisation SASAS South African Social Attitudes Survey SBIS Swaziland Broadcasting and Information Services SFF Special Field Force (Namibia) SFTU Swaziland Federation of Trade Unions SSG Special Support Group (Botswana) SWAGGA Swaziland Action Group Against Abuse SWAPO South West Africa People’s Organisation (Namibia) SWATF South West Africa Territorial Force (Namibia) UN United Nations UNCAT United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment UNCT United Nations Country Team UNDP United Nations Development Programme UNICEF United Nations Children’s Fund UNITA National Union for the Total Independence of Angola UNJHRO United Nations Joint Human Rights Office UPR Universal Peer Review VSR Victim Support Room (South Africa) VSU Victim Support Unit (Malawi) WCPU Woman and Child Protection Unit (Namibia) WILSA Women in Law in Southern Africa WOZA Women of Zimbabwe Arise ZANU-PF Zimbabwe African National Union – Patriotic Front ZHRC Zambia Human Rights Commission ZHRC Zimbabwe Human Rights Commission ZLHR Zimbabwe Lawyers for Human Rights ZPS Zambia Police Service ZRP Zimbabwe Republic Police vii Acknowledgements APCOF would like to extend its sincere thanks to the Open Society Initiative for Southern Africa (OSISA) and the Open Society Foundation for South Africa (OSF-SA) for their support of this study. The opinions expressed in this review do not necessarily reflect those of OSF-SA or OSISA. viii POLICING AND HUMAN RIGHTS 1 Introduction Introduction The Southern African Police Chiefs Cooperation Organisation (SARPCCO) was established in 1985. Its objectives were to foster better cooperation and mutual assistance between police organisations in the countries of southern Africa. These 13 countries are: Angola, Botswana, the Democratic Republic of the Congo, Lesotho, Malawi, Mauritius, Mozambique, Namibia, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe. SARPCCO’s objectives are to assist in the development of strategies and information to address crime in the region and cross-border crime and to make recommendations to the governments in the region in regard to effective policing. It also aims to formulate systematic regional police strategies taking into account the performance requirements of regional police services.1 The SARPCCO Constitution outlines certain principles of cooperation which include: respect for national sovereignty, equality of the police force/services, non- political professionalism, non-discrimination and flexibility of working method, and mutual benefit for all members. Importantly, it refers to the observance of human rights, mutual respect and goodwill.2 1 Interpol (undated) Profile of the Southern African Regional Police Chiefs Cooperation Organisation (SARPCCO). https://www.interpol.int/Public/ ICPO/SRB/SARPCCO.pdf, accessed 31 June 2012 2 Ibid, p.3 1. INTRODUCTION 1 In furtherance of this commitment to human rights, SARPCCO held a human rights workshop in Kasame, Botswana in 2000. The workshop aimed to raise awareness
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