Showing posts with label human rights. Show all posts
Showing posts with label human rights. Show all posts

Monday, April 22, 2013

Can the South African Police Service ever win back the trust of protestors?


Andries Tatane’s widow Malehlohonolo Tatane said she “would never trust a police officer again”. Her husband died at the hands of police during a service delivery protest march in Ficksburg when, according to the findings of the South African Human Rights Commission, the police used excessive force and violated many of Tatane’s rights, including his right to protest and his right to life. The protest was not about police action, but the police eventually had blood on their hands. 
With an estimated 3000 protests having taken place the last four years, South Africa has one of the highest number of service delivery protests in the world.  According to Leadership magazine, “the interaction between the protesting residents and the local councilors, national government and police, seems to indicate widespread collapse of systems and structures as well as growing distrust”. 
This assessment was unfortunately reinforced when footage of the killing of protestors in Marikana and images of people being dragged by police vehicles went viral on the internet. As the whole world looked on in shock at our police brutality, police commissioner Riah Piyega defended the police brutality and said there was no need to apologise to Marikana miners.  
Given our exposure to violent protests, why is the South African Police Service (SAPS) not the world leader in the policing of violent protests? By now we should have been at the forefront of knowledge, experience and reputation as far as de-escalation of violent protests is concerned.
There was a time when we were leaders in this respect. Now we have to look with some jealousy at, for example, what a country like Sweden is doing.
Sweden also experienced violent protests in the city of Gothenburg in 2001. The Swedish police were completely caught off-guard and realised that it needed a different form of policing to prevent violence during protests. They embarked on a renewal mission and asked researchers to help them find answers. 
This process led to the development of a successful model to policing protests, which included the establishment of a Dialogue Police Unit whose ultimate goal is to facilitate freedom of speech and the right to demonstrate. Their emphasis is on de-escalation, minimizing violence against the police and other groups, and preventing damage to property.
Dialogue police adopted a new mindset.  Protestors are no longer seen as law-breakers, criminals and enemies, but as equal fellow-citizens and partners whose human and constitutional rights and dignity have to be protected at all cost. Police officers see themselves as “gateways to trust” and, consequently, as communicators, negotiators, mediators, facilitators, problem solvers and monitors in the first place, and appliers of law and order only when the first approach is not appropriate any more. 
“When you respect people’s right to express their views you build trust and a space to open dialogue,” according to Carsten Alven, a Swedish dialogue police officer. “You’ve got to give police and protestors reason to trust each other. When you don’t trust you don’t give others the responsibility to show you are worthy of trust.” 
How did the Swedes manage to change the mindsets of police officers? 
There are three key reasons for their success: they valued field studies; in all projects they worked collaboratively in partnerships with practitioners, trainers and researchers; and they focused on communication between key stakeholders before, during and after protests. 
In reality police officers had to develop a communicative mindset and an ability to de-escalate conflicts through listening to counterparts. 
Alven explains that “police train how to give orders and take command of situations, but not so much how to really listen and how to engage in a genuine dialogue.”
Real dialogue requires good information, solid networks and open communication channels within the police and with outside partners so that, when a protest occurs, everybody is connected and prepared for any event. 
Before the event police would typically meet with all key stakeholders, especially the leaders of the protest action, in a spirit of “how can we help you to have a successful and non-violent protest, which is your right? And how can all of us respect one another’s dignity and rights and show this through responsible behaviour?” 
Is this scenario possible in the current South African context? Of course is it possible. In fact, during the National Peace Accord (1991-1994) we did exactly what Sweden is now credited for: preventing violence through negotiation, mediation and facilitation.
I had the privilege of working for the Western Cape Regional Peace Committee and vividly remember many occasions where civil society activists, peace workers, political parties and the security forces met to share information, design strategies to defuse tensions and forge consensus on tactics and logistics. Police commanders learned not to exclude “outsiders”, but to seek their advice and assistance, without which the police would never have been able to de-escalate tensions. 
Even in situations where the police themselves were the source of the problems they subjected themselves to be held accountable by the peace committees. 
We may not have had a Dialogue Police Unit like the Swedes, but we had strong institutionalised infrastructures for peace on the ground with a mandate from the National Peace Accord (NPA). Everybody joined hands with a common purpose: to combat violence nonviolently towards a peaceful transition. We succeeded and that is what the world credited us for. 
So why did we not continue from there to transform into the best civilian and civilized police service in the world?  
The reference to the Swedish example does definitely not suggest that the West or Europe is setting the standard here. On the contrary. We were the ones who had set a standard for the rest of the world in 1994, but now we are so far behind.  
Many of my former colleagues—researchers, practitioners and trainers—in the NPA structures continued to work with the police in these capacities but since Jackie Selebi’s appointment as National Police Commissioner, they found themselves excluded.  Police management has been far less willing to work with “outsiders” than before. This is a bizarre development which defies logic and does make sense. 
Why on earth would you deprive yourselves of learning from others? And why would you sideline your own fellow-citizens whose purpose it was to help SAPS grow into the most experienced and sophisticated police service in the world?
If the police want to win back the trust of South Africans it needs to pause, learn and unlearn a few things. It is time that South Africans hold the Minister and the National Commissioner of Police and her team accountable to do the following:
Firstly, invite South African practitioners, trainers and researchers to help you succeed. There is a wealth of experience and knowledge in this country and abroad. 
Secondly, call the best minds in the country together to design a kind of “Operation Restore Trust and Safety”— a comprehensive turn-around strategy that is based on solid research, sound theories and practices, and aligned with constitutional and basic human values and principles. 
Thirdly, acknowledge and apologise for the mistakes of the past and spell out clear principles and strategies to prevent a repetition.  
Fourthly, catch police officers doing things right and reward them as role-models.
Fifthly, all police officers should be trained to listen to and build relationships with the public, especially those with a potential for violent protests.  As the tagline for the movie Babel says “If you want to be understood, listen.” 
Sixthly, reorientate police towards prevention and de-escalation instead of only enforcing law and order. 
It will be a long journey, but trust can be restored. It depends on leadership. 

Wednesday, December 15, 2010

UN vote against sexual orientation protection "shameful"

[With thanks to Vidyarata Kissoon from Guyana who brought this to my attention]

This coming Monday, December 20, the United Nations General Assembly will vote on whether to include protection for lesbian, gay, bisexual and transgender people in a crucial resolution on extra-judicial executions and other unlawful killings. For the past 10 years, this resolution has urged states “to investigate promptly and thoroughly all killings, including… all killings committed for any discriminatory reason, including sexual orientation.” It is the only UN resolution to ever include an explicit reference to sexual orientation. Just last month, South Africa voted with a number of states to remove the reference to sexual orientation from this important resolution.

The United Nations voted this week to remove sexual orientation from a resolution calling on countries to protect the life of all people and to investigate extra-judicial, summary or arbitrary executions that are motivated by prejudice and discrimination.

Arab and African nations succeeded in getting a U.N. General Assembly panel to delete from a resolution condemning unjustified executions a specific reference to killings due to sexual orientation.

The UN:
http://www.un.org/News/Press/docs//2...hc3997.doc.htm

IGLHRC & ARC:
http://www.iglhrc.org/cgi-bin/iowa/a...ease/1257.html

Commenting on the UN vote, gay rights and human rights campaigner Peter Tatchell said:

"This is a shameful day in United Nations history. It gives a de facto green light to the on-going murder of LGBT people by homophobic regimes, death squads and vigilantes. They will take comfort from the fact that the UN does not endorse the protection of LGBT people against hate-motivated murder.

"The UN vote is in direct defiance of the Universal Declaration of Human Rights, which guarantees equal treatment, non-discrimination and the right to life. What is the point of the UN if it refuses to uphold its own humanitarian values and declarations?

"This vote is partly the result of a disturbing homophobic alliance between mostly African and Arab states, often inspired by religious fundamentalism. LGBT people in these countries frequently suffer severe persecution.

“Many of the nations that voted for this amendment want to ensure that their anti-gay policies are not scrutinised or condemned by the UN. Even if they don’t directly sanction the killing of LGBT people, they have lined up alongside nations that do.

"South Africa and Cuba claim to support LGBT human rights, yet they voted to remove sexual orientation. They can no longer be considered gay-friendly states. Both countries have allied themselves with tyrannical, violent, homophobic regimes, like Saudi Arabia and Iran. Presidents Raul Castro and Jacob Zuma should hang their heads in shame. They've betrayed the liberation ideals that they profess to uphold," said Mr Tatchell.

"It's a step backwards and it's extremely disappointing that some countries felt the need to remove the reference to sexual orientation, when sexual orientation is the very reason why so many people around the world have been subjected to violence," said Philippe Bolopion of Human Rights Watch.

States will have the opportunity to restore the reference to sexual orientation – and hopefully extend it to also include gender identity – when the resolution comes up before the UN General Assembly on Monday, December 20.

We call on the Government of South Africa to change its vote and to reverse the removal of sexual orientation from the resolution. This resolution seeks to bring attention to the most serious human rights violation, the loss of the right to life. The Special Rapporteur on extra-judicial executions has constantly underlined that people are subject to extra-judicial executions because of their actual or presumed sexual orientation or gender identity.

On International Human Rights Day, 2010, UN Secretary General Ban Ki Moon addressed a UN side event: ‘Ending Violence and Criminal Sanctions on the Basis of Sexual Orientation and Gender Identity.’ This panel was convened by, among other countries, Norway and Brazil.

The Secretary General in his remarks noted that “When individuals are attacked [or] abused … because of their sexual orientation, we must speak out… It is not called the ‘Partial’ Declaration of Human Rights. It is not the ‘Sometimes’ Declaration of Human Rights. It is the Universal Declaration, guaranteeing all human beings their basic human rights, without exception.”

We call on the Government of South Africa to ensure that regardless of what the perceptions of gay, lesbian, bisexual or transgender persons are, that the government will not endorse the torture or killing of people because of their sexual orientation or gender identity.

To fail to do so is to reverse the progress South Africa has made locally and internationally in advancing human rights.