MAPPING CRIME IN EAST AFRICA AND

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MAPPING CRIME IN EAST AFRICA AND Powered By Docstoc
					 CRIMINAL JUSTICE
SYSTEMS IN AFRICA
 MAPPING CRIME IN EAST
AFRICA AND ITS IMPACT ON
   DEMOCRATISATION
          INTRODUCTION
• East Africa properly so called, now
  comprises the five partner states of the
  East African Community:
• Burundi,
• Kenya,
• Rwanda ,
• Tanzania and
• Uganda
 Governance and Democratisation
• If the Mo Ibrahim Index of African
  Governance is anything to go by;
• the five East African nations do not boast
  the highest achievements
• where governance is concerned
 Governance and Democratisation
• According to a UN paper, What is Good
  Governance?
• Governance means
• ―the process of decision-making and the
  process by which decisions are
  implemented or
• are not implemented’’
 Governance and Democratisation
• Good governance embodies eight characteristics. It
  contemplates processes that are:
• participatory,
• consensus oriented,
• accountable,
• transparent,
• responsive,
• effective and efficient,
• equitable and inclusive, and
• which observe the principles of rule of law.
 Governance and Democratisation
• for the purpose of this paper, good
  governance
• ensures that corruption is minimised,
• the views of minorities are taken into
  account, and
• the voices/views of the most vulnerable in
  society are heard in decision-making.
    Governance and Democratisation
• Democratisation is not easily defined
• Democratisation in Africa
• has been linked to the global changes
• towards political liberalism.
• Global changes began in earnest with the end of
  the Cold War in the 1990’s.
• collapse of authoritarian regimes in Eastern
  Europe and
• liberalization of political systems in Latin
  America
    Governance and Democratisation
• Though arguable
• political changes in Africa
• are part of
• a global movement towards political
  liberalization
• Two arguments/issues may be raised
• Is democratisation taking place in Africa? or
• Is it entrenchment of authoritarianism?
  THE CRIMEPROBLEM IN EST
          AFRICA
• Measuring Crime in East Africa has to
  contend with
• absence of regular crime data
• accuracy
• bureaucracy: undue secrecy
• which data to use: Judiciary, Prisons or
  Police
         COUNTRY PROFILES
•   Interpol Data
•   Uses the United States FBI Index Crimes
•   Only seven offences
•   murder,
•   forcible rape,
•   robbery,
•   aggravated assault,
•   burglary,
•   larceny, and
•   motor vehicle theft
      COUNTRY PROFILES
• For our purposes we have divided crimes
  in two categories
• Street crimes:
• murder, forcible rape, robbery,
  aggravated assault, burglary,
• larceny, and motor vehicle theft
  Prevalence of Street Crimes
• In all the five East African states:
• Burundi, Kenya, Rwanda , Tanzania and
  Uganda
• the rate of crime for all the seven index
  offences is generally low compared to
  industrialised countries
• With an average rate of less than 20 per
  100,000 population
       Impact on Democratisation
         Crimes of the powerful
•   Have negative impact on democratisation
•   Corruption
•   Money Laundering
•   Human Rights Abuses
•   Terrorism
•   Genocide
•   Politically motivated Violence
•   Crimes against Vulnerable Groups
       Impact on Democratisation
         Crimes of the powerful
•        COUNTRY SCENARIOS
•   Corruption
•   In Tanzania
•   The Warioba Report of 1996 said:
•   Our country has witnessed an alarming
    increase in corruption activities which are
    associated with public servants on the
    one hand and the citizens who are
    consumers of public service on the other.
     Warioba Report of 1996
• Corruption has been accentuated by
  loopholes which are inherent in the
• procedures,
• temptations,
• greed for power and profit,
• low wages and erosion of ethical
  standards.
      Warioba Report of 1996
• Moreover
• state organs which are expected to
  prevent this increase
• have succumbed to this disease and
• therefore have left the people helpless.
      Warioba Report of 1996
• There is no doubt that corruption is rampant in
  all sectors of the economy, public services and
  politics in the country
• even some officers of Government organs
  vested with he responsibility of administration of
  justice namely the
• Department of National Security,
• the Police ,
• the Judiciary and the
• Anti-Corruption Bureau are themselves
  immersed in corruption.
      Warioba Report of 1996
• Instead of these organs being in the
  forefront of combating corruption, they
  have become part of the problem.
• Consequently the ordinary citizen who is
  looking for justice has no one to turn to.
• He is left helpless and has lost faith in the
  existing leadership.
    The Enigma of Corruption
• Tanzania has had a law outlawing
  ‘treating’ and declaring it a form of
  electoral corruption since 1995
• An amendment in 2000 appeared to
  qualify the definition of treating
  consequently legalising some forms of
  treating ‘done in good faith as an act of
  normal or traditional hospitality’
          CASE STUDIES
• The Eternal Payments Accounts
• The Exchequer and Auditor General
  audited the accounts of the Bank of
  Tanzania,
• revealed that 22 local ‘phantom’
  companies siphoned off 133bn. shillings
  from the debt conversion fund (also known
  as the Eternal Payments Accounts – EPA)
  in financial years 2005 and 2006.
          CASE STUDIES
• Kenya The Goldenberg Saga
• According to witnesses at a Kenya Govt.
  Commission’s hearings, as much as 60
  billion Kenyan shilllings (US$850
  million)—a fifth of Kenya’s gross domestic
  product — was looted from the country’s
  Central Bank through billionaire Kamlesh
  Pattni’s Exchange Bank in 1991.
           CASE STUDIES
• Pattni manipulated loopholes in the
  system
• with the help of government officials.
• He made an agreement allowing the
  company to earn up to 35 percent
• compensation for the export of
  minerals that did not exist.
          CASE STUDIES
• Corruption has an adverse effect on the
  promotion of democracy and human rights
• More precisely corruption
• Worsens poverty and inequality
• Limits government tax revenue
• Curtails health and education expenditure
          CASE STUDIES
• Reduces economic growth
• Discourages foreign direct investment
• Slows creation of new enterprises
• Channels public money into defence and
  infrastructures, where the kickbacks are
  typically high
• Increases debt burden on poorer
  countries.
         Money Laundering
• All the countries in the East African region
  have Anti Money Laundering (AML)
  legislation on their statute books
• Burundi and Rwanda passed their AML
  Acts in 2008
• there are three forms of dirty money that
  cross borders: criminal, corrupt, and
  commercial
          Money Laundering
• AML Acts tend to be limited in scope:
• the only financial inflows from criminal
  activities that are barred are those arising
• from drugs,
• bank fraud, and
• terrorism.
• How about proceeds of corruption, kick-
  backs, organised prostitution?
         Money Laundering
• Dirty money introduced into the economy
  of a country has negative implications for
  democratization.
• The regime of the late Mobutu in Zaire
  was in part maintained in power because
• Mobutu plundered vast resources from his
  country with of course the connivance of
  the West.
         Money Laundering
• He invested these ill gotten riches in
  Europe with
• the European powers asked no
  embarrassing questions. In turn
• the people of Zaire, excepting Mobutu’s
  cronies,
• suffered untold misery
        Human Rights Abuses
• All the constitutions of the East African nations
  profess the protection of human rights.
• almost all the East African nations have been
  accused of abuse of human rights at some stage
  or other
• democratisation is ensured through fair and
  competitive elections,
• ensuring basic civil liberties, and
• respect the rule of law and
• respect for the rights of all groups in the nation
  state.
                  Terrorism
• Almost all the East African nations have passed
  an anti Terrorrism Act.
• Anti terrorism legislation tends to
• restrict civil liberties;
• target suspect groups for action etc.
• it is also important to balance the benefits
  against the interest of the minority by
• including certain safeguards in the anti terrorism
  legislation such as periodic review of
  executive orders.
               Genocide
• Discrimination against any one group
  impedes democratization.
• The Rwanda genocide was the
  culmination of a long process of
• lack of accommodation,
• lack of meaningful democratization and
• ethnic discrimination and as such it was
  the outcome of a process and policies built
  over many years.
  Politically Motivated Violence
• Politically motivated violence arises where
  democratization and accommodation have
  failed
• the violence after the December 2007
  elections in Kenya was in part based on
  claims of electoral manipulation by the
  losers
• similarly the violence in the Island of
  Pemba after the general elections in 2000.
  Politically Motivated Violence
• had democratization and
  accommodation been given a chance in
  the first place;
• possibly the violence we witnessed
• would have been avoided.
    Crimes against Vulnerable Groups
• Democratization is about opportunities,
• it is inclusive and
• it is about making free choices
• FGM, wife battering, forced prostitution, child
  soldiers etc. take place in a power relationship –
  the weak versus the (relatively) powerful – with
  the powerful making the decisions to harm the
  weak.
• This erodes the foundations of democratisation.
     CONCLUSION: THE WAY
          FORWARD
• 1. An atmosphere of Ambivalence or
  Agreement/Disagreement
• 2. Who bells the cat: incumbent powerful,
  dead powerful, retired powerful?
  Negotiating with the heirs in the case of
  Babangida?
• 3. Peer pressure or the lack of it: Can AU,
  NEPAD be of help? Any
  agreement/consensus at that level?
     CONCLUSION: THE WAY
          FORWARD
• 4. Safe Havens: How about Off-Shore
  Banks and so called safe havens –
  some of them in developing countries –
  Their declared policy – studied lack of
  interest in the origin of the funds and
  how they were accumulated! Very
  attractive to kleptocrats!
     CONCLUSION: THE WAY
          FORWARD
• 5. Ethnic Dimension The way political
  alliances are made in the African
  environment. Do kleptocrats steal for a
  tribe/ethnic group?
• 6.Cash economies: developing nations are
  essentially cash and non-banking
  economies
• 7. Attracting Investments! The ‘new’ bank
  in town may be a laundering jungle!
      CONCLUSION: THE WAY
           FORWARD
• 8. Casinos: could be good vehicles for
  Money Laundering. Establish a casino
  with ‘dirty money’, pretend to win, issue
  oneself a receipt and ‘presto’ the dirty
  money is clean.



•     THANK YOU VERY MUCH

				
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posted:7/29/2010
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