van der Spuy, E. (1999). International and Regional Co-operation in Crime Prevention. Paper commissioned by the Centre for the Study of Violence and Reconciliation as part of a review of the National Crime Prevention Strategy carried out for the Department of Safety and Security, June.
Elrena van der Spuy
Paper commissioned by the Centre for the Study of Violence and Reconciliation as part of a review of the National Crime Prevention Strategy carried out for the Department of Safety and Security, June 1999.
Elrena van der Spuy is Director of the Institute of Criminology at the University of Cape Town.
1. Introduction
At present various structures and processes exist to co-ordinate security initiatives at both the international and regional (SADC) level. This review takes a brief look at the structures in place and considers some of the challenges facing them with regard to security and crime prevention. A distinct level of international co-operation is constituted by the interaction of the foreign donor community and local security structures of various sorts. Issues relating to the effective utilisation of foreign aid to build capacity in the terrain of safety and security – both nationally and regionally – are also briefly considered.
2. Co-operation: The National Legislative Framework
At the national level the legislative framework for law enforcement co-operation has been boosted through the enacted of two pieces of legislation in particular:
- The International Co-operation in Criminal Matters Act, no.75, 1996
- The Extradition Amendment Act, no.77 of 1996
3. Co-operation: The National Policy Framework
National Policy frameworks of relevance in considering the priorities for co-operation between state and civil society as well as at the inter-state level include:
- National Crime Prevention Strategy 1996
- National Police Plan and Policing Priorities and Objectives 1997/8 1998/9
4. Co-operation: Regional Policy Frameworks
4.1 SADC Multilateral Agreement of Co-operation and Mutual Assistance in the Field of Crime Combating1 specifies the areas of co-operation between law enforcement agencies and sets out conditions under which police officials may exercise right of entry into hosting countries. The former includes: exchange of crime related information, planning and execution of joint operations, border control and crime prevention in border areas, controlled delivery and technical assistance. Ratification of this agreement is currently in progress. Since the enactment of the agreement various cross-border operations have been executed.
Note: At present there is no readily accessible inventory of such collaborative ventures. Furthermore there is a need for critical assessments of the impact of such initiatives on crime control/ prevention in the region.
4.2 SADC Regional Drug Control Programme (SRDCP) 1998-2002 was adopted by the Heads of State of Government in Maseru 1995 and the process of ratification by member states is still underway. Implementation of the protocol will take place through the SADC Regional Drug Control Protocol. Six main areas have been identified: Regional Capacity Building and Co-ordination, Legal Development, National Capacity Building and Co-ordination, Supply Reduction, Demand Reduction and Illicit Drugs and HIV/AIDS. The European Union has expressed support for the implementation of the programme.
4.3 Declaration and Plan of Action on Drug Abuse and Illicit Trafficking Control in Africa (OAU). This plan of action was adopted by the 32nd Ordinary Session of the Assembly of Heads of State and Government in July 1996. It aims at strengthening drug control institutions through regional co-operation.
4.4 African Common Position on Drug Abuse and Illicit Trafficking Control in Africa (OAU) 1998 was endorsed by the OAU Council of Ministers and Heads of State in June 1998. It profiles the drug and drug trafficking problem faced by the African continent and outlines international co-operation in this field. The document is currently being revised and will be submitted for consideration to the next meeting of the OAU Council of Ministers and Heads of State.
4.5 Zone of Peace and Co-operation in the South Atlantic (ZPCSA). In April 1996 a campaign was launched against the drug trade amongst the 24 nation ZPCSA. Information on traffickers is exchanged and member states are urged to enact forfeiture laws. It has been claimed that this agreement has developed successful policies in the area of denuclearisation, environmental protection and drug trafficking.2
Note: A more substantive review of initiatives in the field of organised crime and drug trafficking needs to be undertaken. The social policies that shape actual co-operation on the ground also need to be scrutinised in order to ensure a balanced approach.
4.6 Bilateral agreements. Various bilateral agreements currently exist between South Africa and various others governments that set the terms for co-operation between law enforcement agencies.
Note: At present information regarding such agreements are not readily available. More detail on the form and content of such bilateral agreements are required as well as the operational activities pursued in terms of such agreements.
5. Organisational Structures for Regional Co-operation
5.1 The SACD Desk at Foreign Affairs plays a facilitating role in regional co-operation in the law enforcement field. It provides assistance with the signing of agreements and gives logistical support at regional conferences. The desk has observer status at SARPCCO conferences and is kept informed of all SARPCCO initiatives. Within the Department of Foreign Affairs the Multilateral Branch attends to international co-operation: Narcotics and Crime Sub-Directorate.
Note: Not much is known about the deliberations of the latter structure.
5.2 Interpol. South Africa gained readmission to Interpol in 1993. A Sub-Saharan Interpol Bureau was established in Harare in 1995 and commenced operation in February 1997. SAPS members are located at both the Harare office and at the General Secretariat in Lyons, France. Interpol, Pretoria aims to "provide an efficient service to the various South African Police Service Units and to facilitate the utilisation of the Interpol data base and infrastructure to the optimum investigation of crime."3 More recently a decision was taken to establish an African organised crime database.4 A close working relationship between the sub-bureau and SARPCCO exists.
5.3 Southern African Regional Police Chiefs Co-ordinating Organisation (SARPCCO) Formed in August 1995 this structure draws representation from twelve member countries. Its objective is to "promote, strengthen and perpetuate co-operation and foster joint strategies for the management of all forms of cross-border and related crimes with regional implications".5 SARPCCO plays a particularly important function at the level of exchange of information, joint management of criminal records, and in providing support for joint operations. Th body consist of a Council of Police Chiefs (the main decision-making structure) and a Permanent Co-ordinating Committee which comprises the Heads of the Criminal Investigation Services and handles all policing/investigation functions. The Legal Subcommittee attends to legal harmonisation and the promotion of mutual assistance on criminal investigations. The Training Subcommittee formulates systematic regional police training policies and strategies.6 Amnesty International has indicated interest in supporting regional police training initiatives.
5.4 The Inter-State Defence and Security Committee (ISDSC) of the SADC Organ on Policy, Defence and Security is meant to focus on security co-operation and also attends to the harmonisation of legislation. Its work is conducted through three subcommittees: Defence, Public Security and State Security. The Public Security Subcommittee is expected to fulfil various co-ordination functions related to cross-border crime. Close working relationships were envisaged between this committee and SARPCCO with the latter acting as a vehicle for the implementation of decisions forged within ISDSC ranks. However, disputes between SADC and the Organ on the most appropriate locus of power of the Organ have generally impeded the structure's ability to address the security challenges in the region and to partake into collaborative ventures.
5.5 United Nations Drug Control Programme. The UNDCP is actively involved in a variety of assistance programmes within the SADC region. This structure has three main responsibilities: treaty implementation, policy implementation and research and operational activities. The SAPS and the UN Office for Drug Control and Crime Prevention (UN-ODCCP) have signed an agreement on drug law enforcement. This agreement also makes allowance for the deployment of international experts (from Interpol, the DEA, US and British customs department) to train South African counterparts. ODCCP has been decentralising its operations, with the African continent as a major beneficiary. A drug demand reduction strategy is to be pursued in Africa, based on assessment, capacity-building and technical co-operation (ACT).7 More recently, a memorandum of understanding between ODCCCP and SADC has been signed, which will provide technical and financial support to SADC. Assistance in training for SANAB is said to be forthcoming. Furthermore, a law enforcement project is being developed to strengthen border controls and co-operation between South Africa, Swaziland and Mozambique against organised crime.
5.6 Drug Liaison Officers from South Africa have been posted to various countries such as the UK, Brazil, Mozambique, Swaziland and Ghana. In turn, South Africa hosts Drug Liaison Officers from a variety of countries e.g. US and UK.
Note: Regional co-operation remains adversely affected by political tensions amongst member states on the one hand and inter-institutional rivalry amongst key structures on the other. Furthermore the quest for co-operation has to contend with resource constraints as well as a dire lack of infra-structural capacity within state institutions of the region. SARPCCO is generally regarded as one of the most successful agencies on the regional front and is likely to attract international support in future. Whilst the structure has a natural predisposition toward a narrowly defined law enforcement role (as opposed to a broadly defined crime prevention one) it is a predisposition which needs to be challenged.
6. Co-operation: International Frameworks
6.1 The 1998 UN Draft Convention for the Suppression of Transnational Organised Crime is considered a major global initiative to counteract organised cartels. SA participated in the UN-sponsored meeting in early 1998. This Convention will expand opportunities for judicial co-operation and is expected to contain protocols on firearms and trafficking in human beings. The expected date of enforcement is late 1999.
6.2 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances is the most critical of UN conventions.8 It attempts to promote international co-operation to combat the illicit traffic in narcotic drugs. States are expected to take specific law enforcement measures to improve their capacity to identify, arrest, prosecute and convict drug traffickers. Signatories are provided with a framework of measures to promote co-operation and are obliged to prohibit the cultivation of various drugs (cannabis, opium and the coca bush). The Convention also aims at depriving those involved in drug trafficking of the proceeds of their crime. South Africa became a signatory in 1998. Signatory governments are obliged to comply with requests for the extradition of drug offenders and to provide legal assistance in criminal prosecutions. Article 7 in particular makes provision for member states to receive law enforcement assistance and training. The Convention has been a powerful engine for strengthening domestic narcotic laws.
7. Official Donor Assistance and State Capacity
ODA constitutes a critical resource in building strong institutions (both within and beyond the state) capable of effective co-operation. In the SA case official donor assistance amounts to less than 2% of its annual budget. A sizeable proportion of overall ODA, particularly in the form of grants and technical assistance, is earmarked for good governance and democracy. Donor support in the area of Governance and Democracy constitutes approximately 8% of overall ODA. For the period 1994 to 1998 the justice cluster has received about R256 million in ODA.
According to a recent influential report9 the system of donor aid suffers from various ailments (at both the central and sectoral level) and is thus "not functioning optimally". It is against this backdrop that the report suggests "that a concerted effort should be made to improve it as far as practically possible in order to gain the greatest possible benefit from their valuable resource." Support for the findings of this report is to be found elsewhere too.10 In recent months various recommendations to streamline the system of Official Donor Assistance have been forthcoming. Such recommendations include:
- Devising a macro policy framework and implementation guide for ODA based on a strategic review of priorities
- Developing a proactive strategy in procuring and managing ODA
- Streamlining structures and processes to allow for better co-ordination of efforts at all levels
- Ensuring better provincial integration into the ODA system
- Examining ways of apportioning donor resources both sectorally and geographically
- Enhancing data capturing capacity on donor assistance programmes
- Profiling civil society organisations as worthy recipients of donor funds in the field of governance and security
Note: Against the backdrop of the above-mentioned challenges there is a specific need for clarification of the role of the NCPS in the quest for streamlining the management of ODA processes in line with specific policy frameworks and in pursuit of the expansion of service delivery in the terrain of crime prevention.
Notes:
1 Also referred to as The Multilateral Co-operation Agreement in the Field of Combating Crime.
2 Shereda, J. The Internationalization of the War on Drugs …" 31 George Washington Jnl of International Law and Economics 297.
3 Interpol Pretoria, Interpol Annual Report, National Central Bureau 1996, p. 20.
4 Decision taken at the 1997 African Conference
5 SARPCCO Constitution Article 3.1 a.
6 Training has focused on regional operational skills, training of trainers, middle management development programmes and a course for border personnel.
7 Hsu, L-N. 1998. 'Africa regional demand reduction program updates'. Urban Health and Development Bulletin 1 (4): 72-74.
8 Other relevant UN conventions include: 1972 Protocol (amendment to 1961 Convention); 1971 UN Convention on Psychotropic Substances; 1961 UN Single Convention on Narcotic Drugs; 1925 Geneva Convention on Opium and Other Drugs. Other initiatives underway are the: United Nations Draft Model Treaty on Extradition (nd)
9 Department of Finance, May 1999 Official Donor Assistance to South Africa, 1994-1999 commissioned jointly by the IDOC and UNDP
10 Van der Spuy, E Geerlings, J. & A-M Singh 1998 Donor Assistance to Crime Prevention and Criminal Justice Reform South African, 1994-1998. Report commissioned by the NCPS and funded by the UNDP. Institute of Criminology, UCT.
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