Informal Security - Organized Informal Security - Organized Crime Nexus: Implications on Crime Nexus: Implications on

Security Governance Security Governance

Presenter: Paul OmondiPresenter: Paul Omondi

December 2010December 2010

Presentation Presentation OutlineOutline

IntroductionIntroduction

Interstice of informal security and organised Interstice of informal security and organised crimecrime

Political Expediency Theory Political Expediency Theory

Contextualising informal security growth in KenyaContextualising informal security growth in Kenya

Interrogating criminal justice approaches Interrogating criminal justice approaches

The case of South AfricaThe case of South Africa

ConclusionConclusion

IntroductionIntroduction

Political transition and the case for Political transition and the case for informal security in Africainformal security in Africa

The 90’s was a turning point in Africa, which saw most The 90’s was a turning point in Africa, which saw most countries enter a new dispensation characterised by countries enter a new dispensation characterised by transformation in political governance. transformation in political governance.

It is, however, interesting that the paradoxical outcome of the It is, however, interesting that the paradoxical outcome of the political reforms appear to provide impetus for violence and political reforms appear to provide impetus for violence and crime.crime.

The escalating insecurity also seem to make a case for The escalating insecurity also seem to make a case for increasing replacement of state security with informal increasing replacement of state security with informal security. security.

Political transition and the case for Political transition and the case for informal security in Africa (Cont…)informal security in Africa (Cont…)

Key Question: Key Question:

““What factors inherent in the political transition process What factors inherent in the political transition process enhance susceptibility to higher levels of organised crime, enhance susceptibility to higher levels of organised crime, and by extension the growth of informal security?” and by extension the growth of informal security?”

Dichotomous views are expressed:Dichotomous views are expressed:

Political transition and the case for Political transition and the case for informal security in Africa (Cont…)informal security in Africa (Cont…)

View 1:View 1:

The rise in informal security structures isThe rise in informal security structures is linked to gaps in law linked to gaps in law enforcement. Thus, informal security have expanded to enforcement. Thus, informal security have expanded to compensate for the deteriorating security conditions. compensate for the deteriorating security conditions.

View 2:View 2:

““Vigilantism can not merely be explained as a popular Vigilantism can not merely be explained as a popular response to the vacuum left by state collapse, failure or response to the vacuum left by state collapse, failure or instrumentalised disorder" (Pratten, 2008)instrumentalised disorder" (Pratten, 2008)

The focus of this presentationThe focus of this presentation

1)1) How informal security structures interlace with How informal security structures interlace with organised crime organised crime

2)2) How the political transition correlates with the How the political transition correlates with the experience of organised crimeexperience of organised crime

3)3) The best way to best way to address the proliferation of The best way to best way to address the proliferation of vigilantes, gangs, and militiavigilantes, gangs, and militia

The main focus of this paper will be on Kenya, but also The main focus of this paper will be on Kenya, but also drawdraw

from SA experience from SA experience

Interstice of informal Interstice of informal security and organised security and organised

crimecrime

Defining organised crimeDefining organised crime

Have a durable hierarchical structureHave a durable hierarchical structure

Employ systemic violence (or the threat of it) and Employ systemic violence (or the threat of it) and corruptioncorruption

Obtain abnormally high rates of return relative to other Obtain abnormally high rates of return relative to other criminal activities or organizationscriminal activities or organizations

Extend their activities into the legal economy Extend their activities into the legal economy

Organised crimes are characteristically 'enterprise' as Organised crimes are characteristically 'enterprise' as opposedopposed

to 'predatory'to 'predatory'

Four aspects define organised crime (Naylor, 1997)Four aspects define organised crime (Naylor, 1997)

The concept of informal securityThe concept of informal security

Informal security structures operate across a broad spectrum Informal security structures operate across a broad spectrum of legitimacy and sometimes have direct linkages to or are of legitimacy and sometimes have direct linkages to or are recognised by state authorities recognised by state authorities

Normatively speaking, informal security structures do not Normatively speaking, informal security structures do not necessarily constitute criminal groups, unless the concerned necessarily constitute criminal groups, unless the concerned parties deliberately engage in wrongdoing parties deliberately engage in wrongdoing

Informal security groups have been shown to progressively Informal security groups have been shown to progressively transmute into illegal commercial operations, often transmute into illegal commercial operations, often emphasizing punishment and generating an atmosphere of emphasizing punishment and generating an atmosphere of fear to attain their goalsfear to attain their goals

What are the implications of informal What are the implications of informal security on organised crime?security on organised crime?

Informal security structures often possess deep fractures, Informal security structures often possess deep fractures, which question their role, if any, within the criminal justice which question their role, if any, within the criminal justice system. system.

An empirical survey in Kenya showed that most of the An empirical survey in Kenya showed that most of the informal security structures are taking advantage of the informal security structures are taking advantage of the community policing project to claim legitimacy as community policing project to claim legitimacy as community-based vigilante groups community-based vigilante groups

(South Consult, (South Consult, 2010)2010)

The case of 'Mungiki’ (Kenya) The case of 'Mungiki’ (Kenya)

It is shown that the gang has well organised hierarchyIt is shown that the gang has well organised hierarchy

Starting on the platform of ‘protection-action’, the group Starting on the platform of ‘protection-action’, the group soon assumed character of a well-armed violent gang. It soon assumed character of a well-armed violent gang. It intimidate and demand varied payments, and murder intimidate and demand varied payments, and murder those who refused to complythose who refused to comply

The group have taken control of lucrative the ‘matatu’ The group have taken control of lucrative the ‘matatu’ public transport businesses demanding 'protection public transport businesses demanding 'protection money‘money‘

The group is also engaged in other business activities, The group is also engaged in other business activities, including demanding payments from car repair men including demanding payments from car repair men

Political Expediency Political Expediency TheoryTheory

Principles of Political Expediency Principles of Political Expediency TheoryTheory

The political expediency rests on the premise that the relationship The political expediency rests on the premise that the relationship between organised crime and politics is intrinsicbetween organised crime and politics is intrinsic

The theory’s perspective assumes that organised crime infiltrates The theory’s perspective assumes that organised crime infiltrates the political sphere by corruption of state officialsthe political sphere by corruption of state officials

Consequently, criminals are protected from the criminal justice by Consequently, criminals are protected from the criminal justice by law enforcement officialslaw enforcement officials

““Commoditization” of violenceCommoditization” of violence

Political Expediency Theory has been used to explain relationship Political Expediency Theory has been used to explain relationship between criminal or in this case informal security groups and between criminal or in this case informal security groups and violenceviolence

It is observed that the option for those criminal groups that are It is observed that the option for those criminal groups that are unable to employ corruption is 'commoditization' of violenceunable to employ corruption is 'commoditization' of violence

This speaks to the fact that an increasing number of criminal This speaks to the fact that an increasing number of criminal groups rely on violence as a tradeable commoditygroups rely on violence as a tradeable commodity

Motivations for violence among informal Motivations for violence among informal security / organised criminal groupssecurity / organised criminal groups

Gang ViolenceGang Violence

Gangs engaged in Gangs engaged in survivalsurvival

Gangs defending Gangs defending themselves from themselves from

violence by the state violence by the state security forcessecurity forces

Gangs used to Gangs used to disrupt disrupt

opposition ralliesopposition rallies

Gangs organised to Gangs organised to support state support state

politicians afraid of politicians afraid of the oppositionthe opposition

Commoditization Commoditization of violenceof violence

Contextualising informal Contextualising informal security growth in Kenyasecurity growth in Kenya

Contextualising informal security Contextualising informal security growth in Kenyagrowth in Kenya

With the advent of democracy, violence and crime have With the advent of democracy, violence and crime have increasingly taken center stageincreasingly taken center stage

The post-democracy era in Kenya has seen the expansion of The post-democracy era in Kenya has seen the expansion of the criminal economy, this largely occurring within the context the criminal economy, this largely occurring within the context of informal security structuresof informal security structures

The level of activity in organised crime is well indicated by the The level of activity in organised crime is well indicated by the number of groups in operation. Government report number of groups in operation. Government report demonstrates that there are at least 33 vigilante /criminal demonstrates that there are at least 33 vigilante /criminal gang groups in the country gang groups in the country

Historical contextHistorical context

Post democracy appeared to create an environment that was Post democracy appeared to create an environment that was favorablefavorable

to development, initially, of informal security structures. to development, initially, of informal security structures.

Three possibilities appear to have worked the way into this Three possibilities appear to have worked the way into this development:development:

1)1) The first factor related to historical ethno-political tensions The first factor related to historical ethno-political tensions and perceived lack of capacity for law and order policingand perceived lack of capacity for law and order policing

Consequent inter-ethnic conflicts saw communities resort to Consequent inter-ethnic conflicts saw communities resort to self-help policing, particularly in the form of vigilante self-help policing, particularly in the form of vigilante activities activities

2)2) The second factor related to legislative gap. The The second factor related to legislative gap. The negotiation for political reforms took place in the context negotiation for political reforms took place in the context

of legislative gapsof legislative gaps

It can be noted that, since independence, legislation in It can be noted that, since independence, legislation in Kenya have been changed over time to buttress a strong Kenya have been changed over time to buttress a strong executive at the expense of other parts of governmentexecutive at the expense of other parts of government

Historical context (Cont…)Historical context (Cont…)

3)3) The third factor related to political patronageThe third factor related to political patronage

A major consequence of the democratic transition has A major consequence of the democratic transition has been growing infiltration of the political sphere by informal been growing infiltration of the political sphere by informal security groupssecurity groups

The involvement of these groups during elections suggests The involvement of these groups during elections suggests a tendency for them to behave as 'foot soldiers', coming a tendency for them to behave as 'foot soldiers', coming together when hired to do so and forming groups to take together when hired to do so and forming groups to take

care of the interests of local politicianscare of the interests of local politicians

Historical context (Cont…)Historical context (Cont…)

Interrogating Interrogating criminal justice criminal justice

approachesapproaches

Understanding models of organised Understanding models of organised crimecrime

Three frameworks have primarily directed the theoretical Three frameworks have primarily directed the theoretical lenses onlenses on

criminal justice approaches. These include: criminal justice approaches. These include:

The enterprise approachThe enterprise approach

The alien-conspiracy/bureaucracy paradigmThe alien-conspiracy/bureaucracy paradigm

The patrimonial/patron-client relations perspectiveThe patrimonial/patron-client relations perspective

a) Enterprise approacha) Enterprise approach

Profit is the key motivation Profit is the key motivation

Cohesion is based on the drive to achieve self-interested goals Cohesion is based on the drive to achieve self-interested goals

Cooperation between the leader (s) and subordinates is Cooperation between the leader (s) and subordinates is maintainedmaintainedthrough voluntary subordination of the latter through voluntary subordination of the latter

The leadership structure is flexible and often decentralisedThe leadership structure is flexible and often decentralised

Law enforcement implications:Law enforcement implications:

Groups based on this model are Groups based on this model are susceptiblesusceptible to law enforcement to law enforcement

effortsefforts

The group gets incapacitated when the money trail or financial The group gets incapacitated when the money trail or financial operationoperation

is curtailedis curtailed

b) Alien-conspiracy paradigmb) Alien-conspiracy paradigm

Complex hierarchy and extensive division of labor to enhance Complex hierarchy and extensive division of labor to enhance efficiency efficiency

Cohesion is based on firm leadership rather than on contractual Cohesion is based on firm leadership rather than on contractual arrangements arrangements

Membership is of a permanent nature Membership is of a permanent nature

The groups often seek political influence as part of their The groups often seek political influence as part of their

operationsoperations

Law enforcement implications:Law enforcement implications:

Groups based on this model are Groups based on this model are susceptiblesusceptible to law enforcement to law enforcement

effortsefforts

The group would fall apart if the leadership is purgedThe group would fall apart if the leadership is purged

c) Patrimonialc) Patrimonial paradigm paradigm

Has element of hierarchyHas element of hierarchy

Cohesion is based on emotional connection rather than rules. Cohesion is based on emotional connection rather than rules. Emphasis is on traditions such as oaths Emphasis is on traditions such as oaths

Engage in activities beyond purely economicEngage in activities beyond purely economic

Extend influence into the worlds of legitimate government and Extend influence into the worlds of legitimate government and business business

Law enforcement implications:Law enforcement implications:

Groups based on this model are Groups based on this model are very stubbornvery stubborn to law to law

enforcement effortsenforcement efforts

Continuity is ensured even when the leader purged Continuity is ensured even when the leader purged

There are strong inclinations, at least in Kenya, to cluster along There are strong inclinations, at least in Kenya, to cluster along twotwo

models, albeit interlocking: models, albeit interlocking:

-- 'patrimonial - enterprise' 'patrimonial - enterprise'

-- ‘alien-conspiracy - enterprise‘‘alien-conspiracy - enterprise‘

As discerned, ‘profit motive’ remains an imperative As discerned, ‘profit motive’ remains an imperative denominator in denominator in

explanation of violent behavior among criminal groups. explanation of violent behavior among criminal groups.

Anatomy of organised crime in KenyaAnatomy of organised crime in Kenya

““Patrimonial – Enterprise” paradigm Patrimonial – Enterprise” paradigm

Notable features that deserve attention include: Notable features that deserve attention include:

Ethno-cultural identityEthno-cultural identity

Infiltration into the political and law enforcement spheresInfiltration into the political and law enforcement spheres

Extension into legitimate businessExtension into legitimate business

Defiance to law enforcement measures Defiance to law enforcement measures

Instructive cases include: Instructive cases include: 'Mungiki, Chinkororo, Taliban, and Kaya 'Mungiki, Chinkororo, Taliban, and Kaya BomboBombo

Youth' Youth'

““Alien-conspiracy – Enterprise” paradigm Alien-conspiracy – Enterprise” paradigm

Notable features that deserve attention include: Notable features that deserve attention include:

Hierarchical attributes akin to those found in the military Hierarchical attributes akin to those found in the military

Appear to have political aspirations and an interest in changing Appear to have political aspirations and an interest in changing

the social status quothe social status quo

Quite susceptible to law enforcement measures Quite susceptible to law enforcement measures

Instructive cases include: Instructive cases include: ’Sabaot Land Defense Force’ and ‘Angola ’Sabaot Land Defense Force’ and ‘Angola Msumbiji’ Msumbiji’

The transition era policing reforms involved refocus of the The transition era policing reforms involved refocus of the functions of the hitherto 'political police unit' (known as Special functions of the hitherto 'political police unit' (known as Special Branch) to national security surveillance Branch) to national security surveillance

The mainstream police failed to radically change with the new The mainstream police failed to radically change with the new dispensationdispensation

The nature of police response to the threat of organised crime The nature of police response to the threat of organised crime have largely remained within the 'old school' law enforcement have largely remained within the 'old school' law enforcement paradigm, which entail vigorous law enforcement interventions paradigm, which entail vigorous law enforcement interventions involving use of 'raw' force involving use of 'raw' force

A closer look at criminal justice A closer look at criminal justice approach in Kenyaapproach in Kenya

Previous police initiatives to impede organised crime became Previous police initiatives to impede organised crime became subject to subject to

criticism criticism

The mainstream police failed to radically change with the new The mainstream police failed to radically change with the new dispensationdispensation

For example:For example:

In responding to the menace of In responding to the menace of 'Mungiki''Mungiki', the Kenya Police task , the Kenya Police task force knownforce known

as as 'Kwe - Kwe squad''Kwe - Kwe squad' was formed was formed

The task force was largely associated with extra-judicial killingsThe task force was largely associated with extra-judicial killings

A closer look at criminal justice A closer look at criminal justice approach in Kenya (Cont…)approach in Kenya (Cont…)

At another level, the scope and nature of police complicity and At another level, the scope and nature of police complicity and modusmodus

operandi has seriously put to question the capability of criminal operandi has seriously put to question the capability of criminal justicejustice

systemsystem

Three areas are isolated as essential and in need of address: Three areas are isolated as essential and in need of address: accountability,accountability,

professionalism, and efficiency professionalism, and efficiency

A closer look at criminal justice A closer look at criminal justice approach in Kenya (Cont…)approach in Kenya (Cont…)

The Case of South The Case of South AfricaAfrica

Private policing has become a prevalent feature of the SA Private policing has become a prevalent feature of the SA securitysecuritylandscape landscape

But while private policing is increasingly asserting its But while private policing is increasingly asserting its position in the country, the unfortunate reality is that they position in the country, the unfortunate reality is that they "provide a ready base from which violent vigilante actions "provide a ready base from which violent vigilante actions

can grow"can grow"

The context of informal security The context of informal security structures in SAstructures in SA

Development of private policing can mainly be located within the Development of private policing can mainly be located within the Apartheid era security governance systemApartheid era security governance system

From security governance perspective, skewed law From security governance perspective, skewed law enforcement saw a large number of autonomous groups that enforcement saw a large number of autonomous groups that arose to deal with township crime, frustrated that the state arose to deal with township crime, frustrated that the state police did so little to protect their residents or investigate police did so little to protect their residents or investigate

crimecrime

From socio-political perspective, the focus is on profound From socio-political perspective, the focus is on profound experience of factional violence that characterised the experience of factional violence that characterised the transition era transition era

From law enforcement perspective, the focus is on infiltration From law enforcement perspective, the focus is on infiltration of the law enforcement sector - the issue of corruption of the law enforcement sector - the issue of corruption sticking out sticking out

Precipitating factors for growth of Precipitating factors for growth of informal security structuresinformal security structures

Thus,Thus,

To a great extent, the continual growth of private policing is To a great extent, the continual growth of private policing is based on lower confidence on the state policing systembased on lower confidence on the state policing system

On the other hand, community policing although considered a On the other hand, community policing although considered a crucial platform for police – community partnerships, crucial platform for police – community partnerships, appeared to have started on a wrong footing appeared to have started on a wrong footing

Hence, the application of community policing also seems to Hence, the application of community policing also seems to have set ground for 'traps' that have precipitated the growth have set ground for 'traps' that have precipitated the growth of ‘state sanctioned’ vigilantism of ‘state sanctioned’ vigilantism

Precipitating factors for growth of Precipitating factors for growth of informal security structures (Cont…)informal security structures (Cont…)

ConclusionConclusion

This discussion shows that there are tendencies for the This discussion shows that there are tendencies for the practice of organised crime to revolve around informal practice of organised crime to revolve around informal security structuressecurity structures

It is apparent that the governance system - comprising It is apparent that the governance system - comprising political and law enforcement structures, constitute a key political and law enforcement structures, constitute a key dynamic in the propagation of organised criminal groups dynamic in the propagation of organised criminal groups

Initiatives on security sector reforms and legislations are an Initiatives on security sector reforms and legislations are an affirmation of recognition of these dynamics. The focus of affirmation of recognition of these dynamics. The focus of these measures, however, seems to be on insulating the law these measures, however, seems to be on insulating the law enforcement but paying scant attention to the political enforcement but paying scant attention to the political relationsrelations

In summary …In summary …

1.1. Enhancing capability of law enforcement agencies in Enhancing capability of law enforcement agencies in security intelligence is a critical factor to understand the security intelligence is a critical factor to understand the patterns of existing criminal groups and to prevent formation patterns of existing criminal groups and to prevent formation of new ones of new ones

2.2. Accountability in political system: The increasing Accountability in political system: The increasing infiltration of political sphere by illicit groups has facilitated of infiltration of political sphere by illicit groups has facilitated of organised crime. Vetting of individuals seeking political organised crime. Vetting of individuals seeking political positions is essentialpositions is essential

3.3. Accountability in Criminal justice system: Public trust Accountability in Criminal justice system: Public trust underlines the credibility of criminal justice institutions. There underlines the credibility of criminal justice institutions. There

must be measures to ensure high levels of integrity.must be measures to ensure high levels of integrity.

Action pointsAction points

4.4. Community-based policing: Community-based policing Community-based policing: Community-based policing is broadly recognised as essential to partnership between law is broadly recognised as essential to partnership between law enforcement agencies and communities to address enforcement agencies and communities to address community concerns, and in establishing police community concerns, and in establishing police accountability. It is however also recognised that most accountability. It is however also recognised that most informal security structures have started on this platform. informal security structures have started on this platform.

Their accountability rests on how well they are regulatedTheir accountability rests on how well they are regulated

5.5. Anti-corruption measures: Tough anti-corrupt Anti-corruption measures: Tough anti-corrupt measures are necessary for two purposes: First, to measures are necessary for two purposes: First, to incapacitate the money trails which sustain their operations, incapacitate the money trails which sustain their operations, and second, to enable the law enforcement agencies to and second, to enable the law enforcement agencies to effectively detect, investigate and prosecute crime cases.effectively detect, investigate and prosecute crime cases.

Action points (Cont…)Action points (Cont…)

6.6. Independent police oversight: One important Independent police oversight: One important recommendation was the need to establish impartial and recommendation was the need to establish impartial and independent police oversight. The oversight body should not independent police oversight. The oversight body should not only be able to investigate complaints, but also be only be able to investigate complaints, but also be

empowered to follow up recommendations.empowered to follow up recommendations.

7.7. Alternative livelihood: Security governance solutions Alternative livelihood: Security governance solutions have to take cognizance of the reality of existence of the have to take cognizance of the reality of existence of the criminal groups, complex as it may be. Reaching out to the criminal groups, complex as it may be. Reaching out to the militia with the aim of reintegrating them into the community militia with the aim of reintegrating them into the community

may therefore not be an option.may therefore not be an option.

Action points (Cont…)Action points (Cont…)