A Force for Good? Improving the Police in Kenya, Tanzania and Uganda
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DISJ!3125!SFQPSU A FORCE FOR GOOD? IMPROVING THE POLICE IN KENYA, TANZANIA AND UGANDA DISJ CommonwealthCommonwealth HumanHuman RightsRights InitiativeInitiative working for the practical realisation of human rights in the Hurinet (U) countries of the Commonwealth Human Rights Network–Uganda a Commonwealth Human Rights Initiative The Commonwealth Human Rights Initiative (CHRI) is an independent, non-partisan, international non-governmental organisation, mandated to ensure the practical realisation of human rights in the countries of the Commonwealth. In 1987, several Commonwealth professional associations founded CHRI. They believed that while the Commonwealth provided member countries a shared set of values and legal principles from which to work and provided a forum within which to promote human rights, there was little focus on the issues of human rights within the Commonwealth. The objectives of CHRI are to promote awareness of and adherence to the Commonwealth Harare Principles, the Universal Declaration of Human Rights and other internationally recognised human rights instruments, as well as domestic instruments supporting human rights in Commonwealth member states. Through its reports and periodic investigations, CHRI continually draws attention to progress and setbacks to human rights in Commonwealth countries. In advocating for approaches and measures to prevent human rights abuses, CHRI addresses the Commonwealth Secretariat, member governments and civil society associations. Through its public education programmes, policy dialogues, comparative research, advocacy and networking, CHRI’s approach throughout is to act as a catalyst around its priority issues. The nature of CHRI’s sponsoring organisations allows for a national presence and an international network.* These professionals can also steer public policy by incorporating human rights norms into their own work and act as a conduit to disseminate human rights information, standards and practices. These groups also bring local knowledge, can access policy makers, highlight issues, and act in concert to promote human rights. CHRI is based in New Delhi, India, and has offi ces in London, UK, and Accra, Ghana. International Advisory Commission: Yashpal Ghai – Chairperson; Members: Alison Duxbury, Neville Linton, Vivek Maru, Edward Mortimer, Sam Okudzeto, B.J.Verghese and Maja Daruwala. Executive Committee (India): B.G. Verghese – Chairperson; Members: B.K.Chandrashekar, Nitin Desai, Wajat Habibullah, Sanjoy Hazarika, Kamal Kumar, Poonam Muttreja, Jacob Punoose, Ruma Pal, A.P. Shah and Maja Daruwala – Director. Executive Committee (Ghana): Sam Okudzeto – Chairperson; Members: Akoto Ampaw, Neville Linton, B.G. Verghese and Maja Daruwala - Director. Executive Committee (UK): Neville Linton – Chairperson; Members: Richard Bourne, Meenakshi Dhar, Derek Ingram, Rita Payne, Syed Sharfuddin, Joe Silva, Michael Stone and Sally-Ann Wilson. * Commonwealth Journalists Association, Commonwealth Lawyers Association, Commonwealth Legal Education Association, Commonwealth Parliamentary Association, Commonwealth Press Union and Commonwealth Broadcasting Association. ISBN: 978 93 81241 12 7 © Commonwealth Human Rights Initiative, April 2014. Material from this report may be used, duly acknowledging the source. CHRI Headquarters, New Delhi CHRI United Kingdom, London CHRI Africa, Accra B-117, First Floor Institute of Commonwealth Studies House No.9, Samora Machel Sarvodaya Enclave School of Advanced Study, University of London Street Asylum Down New Delhi - 110 017 2nd Floor, South Block, Senate House Opposite Beverly Hills Hotel INDIA Malet Street, London WC1E 7HU Near Trust Towers,Accra, Ghana T: +91 (0)11 4318 0200 T: +44(0) 207 862 8857 T +233(0) 302 971170 F: +91 (0)11 2686 4688 F: +44(0) 207 862 8820 F +233(0) 302 244819 [email protected] [email protected] [email protected] www.humanrightsinitiative.org HURINET-U Human Rights Network Uganda (HURINET- U) is a national umbrella civil society organisation, established in 1993 by a group of eight human rights organisations and formally registered as an independent, non-partisan and not-for-profi t organisation in 1994. The identity of HURINET-U lies with its diverse membership of 53 NGOs drawn from organisations that are committed to a wide range of human rights issues which are complementary in terms of areas of focus including: civil and political rights; economic, social and political rights; child rights; gender and women’s issues; peace building and confl ict resolution; prisoners’ rights. HURINET-U has remained a reputable institution and a member of regional and international campaigns. It is a hub to a number of national civil society campaigns and coalitions including: Coalition on Freedom of Information; Uganda Coalition on the International Criminal Court; Coalition on Economic, Social, Cultural Rights; Coalition on Police Accountability and Reform among others. The institutional vision is to work towards “a society free from human rights abuse” with the mission of fostering the promotion, protection and respect of human rights in Uganda through linking and strengthening the capacity of member organisations at national, regional and international levels. HURINET-U’s work is guided by the following objectives: 1. To promote and protect human rights as provided for in the regional and international instruments that Uganda is party to and as provided in the Constitution of Uganda. 2. To encourage close collaboration and networking among human rights organisations in Uganda. 3. To encourage optimum sharing of information and resources, both human and material, among human rights organisations in Uganda. 4. To continually assess a collective impact in Ugandan society, occasioned by several programmes of human rights organisations in Ugan- da, among others. A FORCE FOR GOOD? IMPROVING THE POLICE IN KENYA, TANZANIA AND UGANDA Researched Sarah Mount, CHRI and written by Edited by Rikky Minocha, CHRI; Yash Ghai for the Kenya chapter; and Caroline Kanyago, Emmanuel Mugisha and Patrick Tumwine for the Uganda chapter. Published by Commonwealth Human Rights Initiative, 2014 i “We will not enjoy development without security, we will not enjoy security without development, and we will not enjoy either without respect for human rights.”1 Kofi Annan Former UN Secretary-General “Partly because of the waves of crime noted above which seemed out of control and the unsatisfactory state of affairs within the force the image and credibility of the police force to the public suffered. In particular, there was perception that corruption had entrenched itself within the Police Force. Without repairing that image policing would be diffi cult to carry out.”2 Tanzania Police Force Reform Programme “Efforts to monitor and reform policing so that it is carried out with respect for human rights do not mean being ‘soft’ on crime. Security policies only truly provide security if the rights of all – victims, the general public, police, and criminals – are respected. The violent police response to crime has done nothing to promote security.”3 Philip Alston Former UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions 1 Report of the UN Secretary-General, “In Larger Freedom: Towards Development, Security and Human Rights for All”, 2005. 2 Ministry of Home Affairs Tanzania Police Force, “Tanzania Police Force Reform Programme: Medium Term Strategy 2010/11 – 2014/15”, Draft, 4 May 2010, p. 13. 3 Philip Alston, “Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions: Addendum Mission To Kenya”, UN Doc A/HRC/11/2/Add.6, 26 May 2009, p. 12. ii | A FORCE FOR GOOD? – IMPROVING THE POLICE IN KENYA, TANZANIA AND UGANDA Foreword BY THE DIRECTOR OF KATIBA INSTITUTE KENYA CHAIR OF CHRI INTERNATIONAL ADVISORY COMMISSION Democratic police agencies are critical to the long-term security and development of Kenya and to our neighbours and partners in Tanzania and Uganda. For too long these agencies, which are vested with vast powers to protect the law and the people, have been misused by politicians and others in the pursuit of their own personal and illegitimate interests, and to subjugate the people to the will of the government in violation of the constitution. Coupled with a lack of oversight and accountability – which often results when the Executive wishes to “control” the police – the police agencies in Kenya, Tanzania and Uganda suffer from signifi cant corruption, abuse of powers and poor leadership. To improve security and development, the police agencies must be reformed so that they can operate without political interference and in accordance with the law and prescribed procedures. Police agencies need to be given operational independence – the freedom to exercise professional judgement without ties to external infl uences – but within the confi nes Yashpal Ghai of the law and subject to civilian oversight and accountability. Such a Director of Katiba Institute Kenya democratic police force is necessary to provide security and safety, Chair of CHRI International Advisory which in turn provides the freedom for people to live, work, visit and Commission invest in the region. CHRI has worked since 2001 in East Africa to promote democratic policing. In 2006, CHRI published three ground-breaking reports on the status of policing in Kenya, Tanzania and Uganda, the fi rst of its kind in the region. CHRI also analysed the impact of the budget on police activities in Kenya and Uganda. Eight years on, this report