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
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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
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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
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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
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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
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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
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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, kickbacks, 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
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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.
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THANK YOU VERY MUCH