Seminar on Policing Assemblies 11 and 12 July 2017
It’s almost 5 years since the Marikana massacre shocked South Africa and the international community. Progress in overhauling our system of policing assembly in line with the Marikana commission recommendations is slow. A Cabinet appointed panel established in May 2016 to review public order policing in South Africa is yet to complete its work.
Migration and Detention 23 June 2017
The 1996 South African Constitution’s Bill of Rights gives all persons (documented and undocumented foreigners as well as citizens) fundamental and procedural protections and expansively delineates the rights of immigrants, protecting them from unconstitutional conduct and human rights violations. These include rights to life, dignity, equality before the law, administrative justice, basic education and health care, and labour rights.
009 – Police and Human Rights in Africa -April 2017
The African Commission on Human and Peoples’ Rights (the Commission) is very concerned about the respect of the rights of vulnerable groups in Africa. If challenges exist in the promotion and protection of human rights in general, they exist even more when it comes to the rights of vulnerable groups in various contexts. In the context of policing, the same observation applies: the violation of rights is often exacerbated by the vulnerability of some persons such as women, children, people with disabilities and refugees, to cite but a few.
Freedom of Assembly in Africa
The increasing number of public assemblies in Africa in recent years has resulted in growing concern being expressed by the African Commission on Human and Peoples’ Rights (the African Commission) as regards the violation of human rights. In 2014, at its 55th Ordinary Session held from 28 April to 12 May in Banjul, the Gambia, the African Commission adopted Resolution 281 on the Right to Peaceful Demonstrations, urging states parties to the African Charter on Human and Peoples’ Rights (‘the African Charter’) to refrain from engaging in arbitrary arrests and detentions of peaceful demonstrators, as well as from using disproportionate force against such demonstrators.
Policing Assemblies in Africa
The African Commission on Human and Peoples’ Rights (the African Commission), which is the African organ responsible for ensuring the promotion and protection of human rights in Africa, has strengthened its mandate over time through the work of its actors and informed by the actions, politics and strategies imagined by one and another.
APCOF Implementation of the Luanda Guidelines Assessments for Ghana, Malawi, South Africa, Tanzania and Uganda
During its 55th Ordinary Session in Luanda, Angola, from 28 April to 12 May 2014, the African Commission on Human and Peoples’ Rights (ACHPR) adopted the Guidelines on the Conditions of Arrest, Police Custody and pre-trial Detention in Africa (‘the Luanda Guidelines’). The adoption of the Luanda Guidelines is part of the ACHPR’s mandate to formulate standards, principles and rules on which African governments can base their legislation.
017 – The South African Police Service’s code of conduct- A critical review
In 1997 the South African Police Service (SAPS) introduced a code of conduct (Code). The Code was part of sweeping reforms in the wake of South Africa’s first democratic elections in 1994 and the formation of the SAPS through a merger of apartheid’s eleven police forces in 1995.1 It was intended to aid the new organisation’s shift from authoritarian to democratic policing and has remained in place ever since.
016 – Strengthening the independence of the Independent Police Investigative Directorate
This policy paper has been written following the judgment of the Constitutional Court on 6 September 2016 in the matter of McBride v Minister of Police and Another.2 The case involved an application by Robert McBride, the Executive Director of the Independent Police Investigative Directorate (IPID), to have his suspension and disciplinary action against him by the Minister of Police set aside on the basis of constitutional invalidity. The case was first heard in the Gauteng Division of the High Court. The High Court issued judgment in McBride’s favour in December 2015.3
015- Substantive areas of police reform- Developing a new policing reform agenda
Against a framework for democratic policing, this paper provides the reader with an accessible overview of the extensive policing reform agenda in South Africa over the democratic period. Mindful of the still-pending review of the South African Police Act, it provides a summary of some of the key issues that should be considered.
Pre-Trial Detention For Persons With Disabilities in Correctional Institutions
This research study is commissioned by the African Policing Civilian Oversight Forum (APCOF) in collaboration with the National Gender and Equality Commission (NGEC). APCOF is a network of African policing practitioners which promotes democratic policing through strengthening civilian oversight over the police in Africa. APCOF undertakes research and provides technical support to State and non-state actors.