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31. Reparations for Victims of the Marikana Masssacre

Author:
Hugo van der Merwe, Jordi Vives-Gabriel, and Malose Langa
Publication Date:
06-2022
Content Type:
Policy Brief
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
This policy brief presents a summary assessment of the progress made in providing redress for victims of the Marikana Massacre,1 when 34 striking miners were killed by the South African Police Service (SAPS) in 2012 and ten people were killed in the conflict that led up to it. In the ten years since the massacre, there has been meagre progress in addressing its consequences. Direct victims and their relatives have not received full reparations, the community of Marikana remains underdeveloped and deeply divided, and the apartheid legacy of the mining sector in South Africa remains an unresolved wound in the national psyche. An integrated approach is required to address both the systemic injustices and the specific legacies of the Marikana Massacre, while being clear about the specific responsibilities of all the stakeholders. This policy brief spells out key facts about the events, outlines what progress that has been made in the last ten years in seeking truth, justice and reconciliation, and spells out recommendations for state, corporate and civil society actors on the way forward.
Topic:
Torture, Criminal Justice, State Violence, Police, and Reparations
Political Geography:
Africa and South Africa

32. The Marikana Massacre: Repair and Corporate Accountability 10 Years On

Author:
Malose Langa, Hugo van der Merwe, Modiege Merafe, and Jordi Vives-Gabriel
Publication Date:
07-2022
Content Type:
Special Report
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
This report focuses on the process of corporate redress in response to the Marikana Massacre, which occurred on 16 August 2012. The study sought to examine the various forms of reparations that have been provided to victims by the mining company and to understand this process in the context of other processes of justice and repair to address the consequences of conflict and violence. As such, this report forms part of a broader international study on the role of corporate actors in transitional justice processes.1 The report provides a brief description of the events in Marikana against the backdrop of the history of mining in apartheid South Africa and the subsequent transition to democracy. It frames the causes of the massacre as embedded in the unresolved transition and South Africa’s failure to confront the legacy of exploitation and repression in the mining sector. It also seeks to unpack the various initiatives undertaken in response to the massacre, focusing particularly on the measures to address the needs of injured and arrested mineworkers as well as the families of those who were killed.
Topic:
Torture, Criminal Justice, State Violence, Police, Reconciliation, and Corporate Accountability
Political Geography:
Africa and South Africa

33. The transnational element of a ‘domestic’ problem: policy solutions to countering right-wing violent extremism in Australia

Author:
Diane Liang
Publication Date:
05-2022
Content Type:
Special Report
Institution:
Australian Strategic Policy Institute (ASPI)
Abstract:
The rise of right-wing violent extremist (RWE) ideas bursts to the forefront of public attention in flashes of violence. Shootings and vehicular attacks perpetrated by individuals motivated by hateful views stun the public. They have also sharpened government attention to and galvanised action on addressing such violence. These incidents of violence and these disturbing trends call for renewed vigilance in confronting RWE, which ASIO has since classified as ‘ideologically motivated violent extremism’ (IMVE), in Australia’s security agencies’ policy and law enforcement responses. As governments respond to IMVE, it is important to nuance how they conceptualise the challenges posed by RWE and, therefore, scope their solutions. This report looks at four case studies, qualitative interviews, and expert literature to highlight important transnational dimensions of RWE, as well as expand the way governments understand the RWE threat and craft policy responses to it. The result shows a clear need for governments to take a broader lens when understanding and responding to RWE. While governments may conventionally see terrorism in 'domestic' versus 'international' terms, RWE attackers and their sources and legacies of inspiration are not bound by national borders. Efforts to address RWE, then, should take into account these transnational dimensions while examining the challenge at hand and developing and implementing solutions. The report’s recommendations point to early steps Australia can take to improve international collaboration and coordination on countering RWE. Our approaches and solutions must recognise this threat to democracy and include efforts to bolster resilience in democratic institutions and processes. Public trust and confidence in these institutions and processes is a critical element of this resilience to mis/disinformation broadly, and the violent extremism it enables. This report shows that it’s not only important for governments to take RWE seriously, it matters how governments do so.
Topic:
Law Enforcement, Counter-terrorism, Far Right, Police, and Countering Violent Extremism
Political Geography:
Australia

34. The future of assistance to law enforcement in an end-to-end encrypted world

Author:
Tom Uren
Publication Date:
02-2022
Content Type:
Special Report
Institution:
Australian Strategic Policy Institute (ASPI)
Abstract:
Domestic telecommunications companies assist law enforcement by the lawful interception of otherwise private communications when presented with a valid warrant. This has been a powerful tool to combat crime. In the 2019–20 financial year, for example, 3,677 new warrants for telecommunications interception were issued, and information gained through interception warrants was used in 2,685 arrests, 5,219 prosecutions and 2,652 convictions. That was in the context of 43,189 custodial sentences in the same year. But law enforcement and security officials assert that the usefulness of ‘exceptional access’, as it’s called in this paper, has declined over time as strong encryption has become increasingly common. Australian Security Intelligence Organisation (ASIO) Director-General Michael Burgess has stated that encryption ‘damages intelligence coverage’ in 97% of ASIO’s priority counter-intelligence cases. The problem of increasingly powerful encryption degrading the usefulness of exceptional access is often referred to as ‘going dark’. The Australian Government has committed to the reform of Australia’s electronic surveillance legislative framework.5 Although its discussion paper mentions encryption only in passing,6 we can expect that encryption and going dark will be a topic of debate as reform is considered. This paper contributes to that debate by examining how firms that provide digital communications services can provide assistance to law enforcement even as strong encryption is increasingly common. Although exceptional access is primarily concerned with evidence collection, it may be better in some cases to focus on crime prevention, when it comes to achieving society’s broader aim of safety and security. This may be especially true for serious offences that cause significant harms to individuals, such as child exploitation and terrorism.
Topic:
Science and Technology, Law Enforcement, Cybersecurity, Police, and End-to-End Encryption
Political Geography:
Australia and Global Focus

35. Artificial intelligence and policing in Australia

Author:
Teagan Westendorf
Publication Date:
04-2022
Content Type:
Special Report
Institution:
Australian Strategic Policy Institute (ASPI)
Abstract:
ASPI’s Strategic Policing and Law Enforcement Program is delighted to share its new Strategic Insights report, Artificial intelligence and policing in Australia by Dr Teagan Westendorf. Digital technologies, devices and the internet are producing huge amounts of data and greater capacity to store it, and those developments are likely to accelerate. For law enforcement, a critical capability lagging behind the pace of tech innovation is the ability and capacity to screen, analyse and render insights from the ever-increasing volume of data—and to do so in accordance with the constraints on access to and use of personal information within our democratic system. Artificial intelligence (AI) and machine learning are presenting valuable solutions to the public and private sectors for screening big and live data. AI is also commonly considered and marketed as a solution that removes human bias, although AI algorithms and dataset creation can also perpetuate human bias and so aren’t value or error free. This report analyses limitations, both technical and implementation, of AI algorithms, and the implications of those limitations on the safe, reliable and ethical use of AI in policing and law enforcement scenarios. This publication closely examines usage of AI by domestic policing agencies to model what success looks like for safe, reliable and ethical use of AI in policing and law enforcement spaces. It also explores possible strategies to mitigate the potential negative effects of AI data insights and decision-making in the justice system; and implications for regulation of AI use by police and law enforcement in Australia. AI ‘algorithms’ or ‘models’ promise to: enable high volumes of data processing at speed, while identifying patterns human judgement is not capable of; supercharge knowledge management while (supposedly) removing human bias from that process; and operate with ethical principles coded into their decision-making. This ‘promise’, however, is not a guarantee.
Topic:
Science and Technology, Police, Artificial Intelligence, and Machine Learning
Political Geography:
Australia

36. Policy Papers by Women of Color: Young Ambassadors Journal of Global Affairs

Author:
Shanel Wilson, Kyla Denwood, Mari Faines, Alonna Williams, and Mia Veal
Publication Date:
04-2022
Content Type:
Policy Brief
Institution:
Women of Color Advancing Peace, Security and Conflict Transformation (WCAPS)
Abstract:
The WCAPS Young Ambassadors Board presents to you the premiere version of the Young Ambassadors Journal of Global Affairs. The culmination of these five policy recommendations written by women of color covers a variety of issue areas that are relevant and researched and most importantly the passion areas for our members. These women are emerging experts and professionals in their fields of international development, national security, peace, and technology. Their contributions are representative of the areas of the world they want to improve and fortify the skills to do just that.
Topic:
Education, Foreign Exchange, Law Enforcement, Food Security, Internet, Police, Militarization, and Suburbanization
Political Geography:
Africa, Latin America, Nicaragua, North America, and United States of America

37. The Special Responsibility of the United States to Female Afghan Security and Police Officers Seeking Protection

Author:
Hans Hogrefe, Sahana Dharmapuri, and Cassandra Zavislak
Publication Date:
04-2022
Content Type:
Policy Brief
Institution:
Our Secure Future
Abstract:
In no other country since World War II did the United States act as a quasi-government either directly or by proxy as it did in Afghanistan during its 2001-2021 civil and military engagement there. Female Afghan police and military personnel were recruited, retained, trained, equipped and paid because the United States legislated, funded, and implemented programs in accordance with U.S. national security priorities. The U.S. initiated programs and created this special group of female Afghan combatants, for whom the United States continues to have a special responsibility.
Topic:
Security, Women, Peace, and Police
Political Geography:
Afghanistan, South Asia, North America, and United States of America

38. Non-Enforcement of the Law on Appropriate Representation in Israel: Implications for Social Resilience

Author:
Itzik Izhak Dessie and Shlomo Black
Publication Date:
08-2022
Content Type:
Working Paper
Institution:
Institute for National Security Studies (INSS)
Abstract:
Diversity in the public sector that reflects the diversity of a national population is a moral, ethical, social, and legal obligation. However, not one of the target groups in Israel is appropriately represented in the civil service, and in some government ministries and auxiliary units these populations are not represented at all. Israel must change its approach and increase its enforcement of measures to achieve the required diversity, in order to enable equal opportunity for all.
Topic:
Law Enforcement, Police, Resilience, and Social Control
Political Geography:
Middle East and Israel

39. The Expanding International Reach of China’s Police

Author:
Jordan Link
Publication Date:
10-2022
Content Type:
Special Report
Institution:
Center for American Progress - CAP
Abstract:
China’s Ministry of Public Security has expanded its global activities, increasingly threatening U.S. interests and influencing security sector governance around the world.
Topic:
Hegemony, Police, Foreign Interference, and Influence
Political Geography:
China and Asia

40. Policing in Bosnia and Herzegovina During the COVID-19 Pandemic (2020–2021)

Author:
Stiven Tremaria
Publication Date:
06-2022
Content Type:
Working Paper
Institution:
The Centre for Security Studies
Abstract:
This paper provides an account of the developments of policing in Bosnia and Herzegovina in the course of the COVID-19 pandemic from 2020 to 2021 to shed light on elements of continuity and changes from previous trends observable since the 2010s. It is contended that the COVID-19 has made manifest the extent to which the factual management capacity of the Bosnian state administration and the police forces has consolidated in the entities and cantons. By contrast, central state police agencies suffer from chronic stagnation, institutional dysfunctionality, and a lack of factual management capacity to face unexpected challenges and emergencies. Moreover, the COVID-19 pandemic has fostered certain conditions for advancing the rollback of the democratically oriented police reform observable at the entity and cantonal levels since the last decade, which manifests through politicisation, militarisation and slight informalisation of policing. In particular, such police counter-reform has been more acute in the Republika Srpska under the SNSD rule, in contrast to the Federation of Bosnia and Herzegovina, whose police forces are affected by severe degrees of institutional fragmentation, dysfunctional working and clientelism.
Topic:
Law Enforcement, Institutions, Police, and COVID-19
Political Geography:
Europe, Balkans, and Bosnia and Herzegovina