Projects
Assessing the SARPCCO Code of Conduct
In 2011 APCOF, as part of the 10 anniversary of the Southern African Regional Police Commissioners Cooperation Organisation (SARPCCO) Code of Conduct, will assess compliance by police organisations with the code.
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In 2011, we mark 10 years of SARPCCO Code of Conduct. It is the Southern African police organisations’ own standard of policing to which they aspire. Over the past decade and more, many Southern African countries have- and continue to undergo police reform interventions with the view to inter alia: modernising their operations, improving their responsiveness to the clients they serve, increasing organisational effectiveness and efficiency and institutionalising the principles of democratic governance.
Considerable progress has been made in recent years but such progress however, is often undone when reports of police corruption, brutality and torture are revealed. Key crime combating and prevention projects are likely to be hamstrung by the alienation of the community from police that may be perceived as brutal or partisan, and this is likely to have effects across the region. SARPCCO adopted a code of conduct in 2001 which represents an agreed standard of operation by the police agencies of Southern Africa. It clearly sets out principles of integrity, respect for life and of the law which if robustly applied, could greatly strengthen compliance with human rights standards and promote the rule of law. Assessments of compliance with the Code of Conduct have been notably absent over the decade of its existence. However, this has been hampered by the fact that there is no readily available tool to monitor application of the Code of Conduct and identify and promote key interventions that would encourage compliance and focus the resources of SARPCCO, the police services, policy makers, police oversight agencies and civil society to meeting common objectives.
The assessment follows the development of a set of monitoring indicators for each of the articles of the Code of Conduct and the testing of the instrument in Lesotho. The third phase is an assessment of other police agencies in the Southern African region. It will be initiated at a regional workshop to be held on 16 and 17 March 2011. It is part of a programme of events over the year to raise awareness and popularise the code of conduct but also to take stock of efforts to apply the code and celebrate the victories and seek workable strategies to meet the challenges.
The Monitoring Indicators and Lesotho assessment will soon be available on the site. The conference report and country assessments will be published as soon as they become available.
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The Article 5 Initiative
Article 5 of the Universal Declaration of Human Rights and Article 5 of the African Charter on Human and Peoples Rights (hereafter, the African Charter) guarantees the right of all people to be free from torture and other cruel, inhuman and degrading treatment (hereafter, other ill treatment). This initiative draws its name from these two articles. The Article 5 Initiative for Africa is a collaboration of four organisations working for the prevention and eradication of torture in Africa through the development of practice-aimed resources.
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The Article 5 Initiative is a partnership between the University of Cape Town (Gender, Health and Justice Research Unit), the University of the Western Cape (Community Law Centre), the University of Bristol (Human Rights Implementation Centre) and the African Policing Civil Oversight Forum (APCOF). The Article 5 Initiative is supported by the European Union (EU) through the European Instrument for the Development of Human Rights (EIDHR). The Initiative aims to support African institutions to improve domestic compliance with international law obligations, norms and procedures under the United Nations Convention against Torture (UNCAT) and the African Commission on Human and People’s Rights (ACHPR). The Article 5 Initiative focuses on six post-conflict African countries, namely Burundi, Kenya, Mozambique, Rwanda, South Africa and Uganda.
A brochure providieng mopre detailon the project is available on the APCOF publications page
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Promoting Rights Based Reform of the Use of Pre Trial Detention in Africa
APCOF is working with civil society networks to identify the key challenges to the realisation of a rights-based approach to pre-trial detention, develop training and advocacy materials that will seek to address these challenges in a practical way, promote the adoption of a resolution on good practice pre-trial detention with the African Commission on Human and Peoples Rights (ACHPR)
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APCOF draws on the existing international standards and treaties that govern pre-trial detention and builds on the existing work in promoting reform of pre-trial detention and networks of diverse experience in a number of relative disciplines, including police reform, criminology, law reform, access to justice, anti-corruption/governance and public health. The project will also seek provide technical capacity to national oversight mechanisms to strengthen public scrutiny and accountability of the institutions responsible for arrest and detention.
The project recognises that uses and conditions pre-trial detention that do not accord with the relevant international standards and treaties governing are symptomatic of a greater challenges within a criminal justice system and its associated institutions. Accordingly, the project’s objectives and activities are developed with the aim of linking with, and informing, broader programmes of work to reform key criminal justice institutions (including government departments, courts, judges, police and prisons) and promoting outcomes that will strengthen states’ adherence to the rule of law, access to justice, public health and the prevention of torture.
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Building Capacity of African Police Oversight Practitioners
APCOF, the South African Independent Complaints Directorate (ICD) and The GIZ through the Trilateral Cooperation Fund (TriCo) collaborated with the Kenya National Commission on Human Rights (KNCHR) and the Tanzania Commission for Human Rights and Good Governance (CHRAGG) to build the monitoring and investigation capacity of the Kenyan and Tanzanian National Human Rights Institutions to play a more effective role in police oversight.
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The importance of effective police accountability is recognized in Africa. Unfortunately its effective implementation remains a challenge. The African Commission on Human and Peoples Rights (ACHPR) resolved in 2006 that “accountability and the oversight mechanisms for policing forms the core of democratic governance and is crucial to enhancing rule of law and assisting in restoring public confidence in police; to develop a culture of human rights, integrity and transparency within the police forces; and to promote a good working relationship between the police and the public at large.” They have called on State Parties to the African Charter to “establish independent civilian policing oversight mechanism where they do not exist which shall include civilian participation.”
Building police accountability is no easy task. Just as policing itself is multi-faceted and challenging, so is policing accountability. The implication of this, together with the inherent political sensitivities in police reform, is that creating more and stronger policing oversight will need sustained expert support. This technical assistance must be sensitive to local dynamics, and to continental and international political agendas while inputs will need to be relevant and appropriate to the capacity and constraints of local situations.
The training and training manual is focused on imparting knowledge of the investigation process from the receipt of a complaint, the assessment as to whether a violation has occurred and the tasking of investigators to crime scene management, preservation of evidence and working with witnesses and victims. Basic skills like statement taking and report writing are covered along with more deeper questions on the challenges of working with the police as subject of investigation and the roles of investigators in police oversight bodies.
It is a four day residential training with interactive sessions which include role plays and case studies. The training manual includes a trainer’s manual as well as a resource pack consisting of relevant policy documents as well as a CD with useful literature on the subject. The material is presented in a ring binder encouraging new information to be added and the removal and replacement of redundant information.
The training covers the following topics:
· Oversight Introduction, Powers of Oversight Bodies, Resources of Oversight Bodies
· Stakeholder management
· Basic Elements in an investigation, Prioritizing the case
· Conducting the investigation, Physical evidence and crime scene management
· Verbal Evidence, dealing with witnesses, victims and suspects
· Interview skills
· Police officers as the subject of investigation
· Investigating torture and death in custody
· Investigating sexual offences
· Writing a report
· Ethical and political dimensions of investigations
Please contact APCOF to learn more about the course and how it can benefit your organisation.
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