KRM 220 Section B PDF

KRM 220 - Section B Study Unit 1-3 ─ Study Unit 1 Concept of ‘politics’ ● ● ● ● Derived from the Greek word politikos which means citizen. Social meaning of politics - an orderly organisation of citizens in a society, subject to good, fair and responsible government. Government- control of society...

KRM 220 - Section B Study Unit 1-3 ─ Study Unit 1 Concept of ‘politics’ ● ● ● ● Derived from the Greek word politikos which means citizen. Social meaning of politics - an orderly organisation of citizens in a society, subject to good, fair and responsible government. Government- control of society and its citizens by ascribed authority, and not by power. E.g. dictators- rule by way of the use and abuse of power Exposition of the ideological points of view pertaining to the nature of political offences ● Contradictory points of view about whether or not a phenomenon is a crime ○ Terrorism (Two perspectives to view terrorism): ■ From the perspective of victims, be they governments or individuals. It is a crime because people are murdered and injured purposefully, and public or private property is damaged or destroyed on purpose ■ From the perspective of the offender, doer or “terrorist’- it is about “freedom fighters” who have an ideological objective, namely, to replace a specific political system with another that they regard as a fair and valid government Why ‘political offences’ is a complex concept to define. 1. Diverse forms of emergence a. Diverse forms of conduct, which cannot always be described under one definition, are labelled as political crime i. E.g terrorism, assassinations, hijacking, hostage taking, torture, uprisings, high treason, sabotage, the enforcement of admissions, detention without trial and kleptrocracy (self-enrichment through bribery, theft and fraud) 2 2. Focus of definitions a. Definitions that focus on crimes against the state i. e.g sabotage, political revolt and high treason b. Definitions that focus on crimes by the state i. e.g kleptocracy, the banning of freedom of the press, detention without trial and assassinations of political opponents c. Definitions that try to generalise by focusing on crimes against and by the state 3. Explicit ideologically-founded definitions a. Any conduct that exploits people can be defined as crime, regardless of whether the conduct is: i. Intended 1. Examples-legislation discriminating against people on the basis of race, gender, religion and sexual orientation 2. Apartheid legislation against mixed marriages, Hitler's anti-Semitism and genocide of the Jews in Nazi Germany ii. Allowed blatantly 1. Examples, ignoring violence on the part of the police, failure to enforce legislation against the industrial pollution of rivers, the sea, air or environment; ignoring the safety of workers in industries and mines; dumping of harmful waste in 3rd world countries by 1st world countries iii. The power to define 1. Political ruler of the time has the power to define conduct as crime through legislation. 2. Governments have the power and authority to enforce their points of view on society. The typology of Roebeck and Weber 1. Internal interference by the government: a. E.g campaign against Mandela, Steve Biko and others during the apartheid era 2. External interference by the government: a. When one country interferes militarily with the political conflicts in another country 3 3. Intervention against a government: a. Various liberation movements such as Afrikaner Weerstandsbeweging (AWB) & African National Congress (ANC) 4. Spying on civilians: a. Bugging equipment in the offices of political opponents 5. Evasion and conspiracy by the government: a. Cover up of the circumstances in which Biko died 6. Evasion and collusion or conspiracy against the government: a. Evasions of military services 7. Local confrontation: a. Repression of political gatherings by the opposition Ingraham’s classification ● ● ● Acts of treason that threatens the safety of the country in the face of an external enemy Defiance of the political authority and legitimacy of the government (actions that threaten the safety of political leaders and governments) Obstruction of official functions (acts that prevent officials from carrying out their tasks for the benefit of society) Concept of ‘political crime’ ● Referred to as State crime or crimes by the State to the detriment of its people ● An inclusive term that describes various crimes that are committed by elected officials and those employed by the State ○ Governments and politicians are servants of the people. ○ Populace have unwritten social contract with the government ■ ○ Government do not always act in the best interest of the people ■ ○ Protect them and to ensure that their best interests are guaranteed •Service delivery protest action Political crimes have a distinct character and differ in context ● No specific category exists in the SAPS system ● Referred to as state crime or crimes by the state 4 ○ ● Ross’ outline of crimes by the state ○ ● The impact of inequality and power cover-ups, disinformation, unaccountability, corruption, violation of a domestic and/or international law, but also those practices that, although they fall short of being officially declared illegalities, are perceived by the majority of the population as illegal or socially harmful. Examples of political crimes that had a significant impact on society ○ the Holocaust during Hitler’s reign ○ The killing spree under Idi Amin Dada in Uganda during the 1970s ○ Apartheid laws in South Africa ○ The political repression, economic downfall, land grabbing and politically motivated murders committed in Zimbabwe during the Robert Mugabe era ○ The South Sudanese Civil War, where the ongoing conflict in South Sudan has killed and displaced hundreds of thousands of people because of the political conflict between forces of the government and the opposition forces. The phenomenon of political crime ● Requires understanding on many levels ● There’s a need to strengthen the capacity of government and civil society to counter political crime Rule of Law Index ● Establish constitutional and institutional mechanisms that limit the powers of government and which can be used to hold a government, its officials and agents accountable under the law. ● Used to measure to what extent governments, their officials and their agents are held accountable for upholding the law of the land. ● Seeks to limit the unrestrained power of the state ● Upholds the notion that the single most important litmus test for whether the rule of law is obeyed is that those who govern are subject to the law 5 ● Countries that experience political crime, one of the following indicators of good governance is often lacking or non-existent ○ The powers of the government, its officials and agents are limited by governmental and nongovernmental checks. ○ The fundamental law distributes powers among the organs of the government in a manner that ensures that each is held in check. ○ The government has formal processes for independent auditing and review of its agencies. ○ The executive branch of the government provides the latest and accurate information to the legislature and the judiciary is subject to such procedures as may be reasonably necessary to protect sensitive information. ○ The government provides up-to-date and accurate information to the public and the media, subject to exceptions provided for by the law. Government officials and agents, members of the media and persons who report official misconduct are protected from retaliation (The World Justice Project, 2009) One of the causes of political crime- those in senior positions ignore the basic tenet of the public service, which is to serve the people Lack of mechanisms to measure and demand accountability makes societies more susceptible to political crime Batho Pele – principles to guide the conduct of all its officials ○ Consultation ■ Conducting customer surveys, interviews with individual users, consultation with groups, and holding meetings with consumer representative bodies, NGOs and CBOs ○ Setting service standards ■ Reinforces the need for benchmarking to constantly measure the extent to which citizens are satisfied with the service or products they receive from government departments ■ Critical role in the development of service delivery improvement plans to ensure a better life for all ■ Standards should be benchmarked (where applicable) against those used internationally ■ Citizens should be involved in the development of service standards ○ Increasing access ■ Provide a framework for making decisions about delivering public services to the many South Africans who do not have access to such. ■ Aims to rectify the inequalities in the distribution of existing service ○ ● ● ● 6 ○ ○ ○ ○ ○ Ensuring courtesy ■ Requires service providers to empathise with the citizens and treat them with as much consideration and respect, as they would like for themselves ■ Public service should be committed to provide continuous, honest and transparent communication with the citizens. ● Involves communication of services, products, information and problems, which may hamper or delay the efficient delivery of services to the promised standards. Providing information ■ Available information about services should be provided at the point of delivery ■ Managers and employees should regularly seek to make information about the organisation, and all other service delivery-related matters available to fellow staff members Openness and transparency ■ Public should know more about the way national, provincial and local government departments operate, how well they utilise the resources they consume, and who is in charge. Redress ■ Emphasises a need to identify quickly and accurately when services are falling below the promised standard and to have procedures in place to remedy the situation ■ Should be done at the individual transactional level with the public, as well as at the organisational level Value for money ■ Many improvements that the public would like to see often require no additional resources and can sometimes even reduce costs Study unit 2 Define ‘corruption’ ● Definition of corruption according to Section 3 of the Prevention and Combating of Corrupt Activities Act 12 of 2004 - Corruption is an attempt by individuals or groups to subvert current rules and generate extra-legal income and wealth for themselves. ○ Also an abuse of entrusted power for private gain. ○ Exchange between 2 or more people attempting to gain financially in illegal way - Abuse of power 7 Examples of corrupt practices in the public sector. 1. Abuse of power – using one’s vested authority to improperly benefit another person 2. Extortion – coercing a person to provide a benefit in exchange for acting (or failing to act) in a particular manner (Bribery) 3. Insider trading - using privileged information for personal gain (e.g information about the buying or selling of shares before it is communicated to the general public) 4. Favouritism and nepotism – providing services or resources according to personal preference and not by power process; Ensuring family members are appointed to positions or receive contracts 5. Conflict of interest – acting in two different roles that are at cross-purposes to each other, where the actions in one interest could directly influence the other interest 6. Fraud - actions or behaviours that fool others into providing a benefit that would not normally accrue to that person 7. Embezzlement - theft of resources by persons entrusted with the authority and control of such resources (Banker skims off money) 8. Bribery - exchanging a benefit to improperly influence the actions of a public servant The consequences of corruption. ● ● ● ● ● A suffocated civil society An economically unjustifiable public wage bill ○ Designed to appease a politically important minority of civil servants Inequalities in the distribution of income and wealth ○ Lowered living standards especially for vulnerable groups ○ Rich get richer, poor get poorer Marginalisation of the state in global affairs High external debt and degradation of the natural environment Provide an exposition of corruption and mismanagement in the public service. ● Rampant corruption in all levels of government ○ Examples – Eskom, SABC, SAA ■ Because of poor management structures, exorbitant bonuses paid to management, mismanagement in general and the misappropriation of funds 8 ● Majority of state owned enterprises had no permanent chief executive officers ● Common features of these enterprises ○ Huge sums of money received from public purse ○ Mismanagement & misappropriation of funds. The abuse of state institutions for political gain. ● ● ● ● ● ● SA is a constitutional state Equality before the law and access to legal recourse State institutions must be vigorously protected and closely observed Decline in constitutional democracy Can the same institution(s) restore the confidence in itself? When the state is the aggressor, can the state also be the agent of reparation? Provide an exposition of corruption between the state and the private sector. ● Politicians and public servants take decisions on all public projects ● Private sector has vested interest in these decision-making processes and responsibilities. ● Buying of political influence ○ To change this, Public Funding Bill has been signed into law in January 2019 will promote the transparency of funding of political parties ○ Will regulate public and private funding of political parties and provides for the enhancement of multi-party democracy ○ Further prohibit certain donations made directly to political parties ○ Parties may not accept donations in excess of a prescribed amount within a financial year and that they may not accept donations that are known or suspected to originate from proceeds of crime ● Public funding bill ● Precipitating factors for involvement in corruption Overview of corruption by the police. ● ● ● ● All police officials charged with extensive powers Armed by the state Huge responsibilities bestowed upon police officials Easier to pay a bribe instead of a fine 9 ● ● ● ● Police corruption is not limited to lower ranking officials Factors contributing to corruption Different types of corrupt activities Corrupt triangle ○ Perceived pressure - Make money elsewhere ○ Perceived opportunity - Steal from someone when stopped or asked for bribe ○ Rationalisation - Everyone is doing it The policing of political crime. ● ● ● ● ● Policing of state crimes should be based on the following principles: ○ Separation of powers ■ Measure performance and efficiency to prevent thriving of corruption, need to know what's expected of them (Those in power) and have know-how and integrity ○ Decentralised authority ○ Significant autonomy for policing agencies Management integrity Human factors = weakest link User integrity Importance of risk, governance and compliance systems The importance of whistle-blowing. ● ● ● ● ● Definition- disclosure of information about illegal or other undesirable practices occurring inside an organisation by former or present members of a public or private organisation, in order to attract some or other form of corrective action. A whistle-blower often has ulterior motives. Whistle-blowing benefits society as it serves as a deterrent. Unhindered, objective media reporting could be seen as a form of whistle blowing. Investigative journalism ○ Reported in a way that’s objective The objectives of the Anti-Corruption Coordinating Committee (ACCC). ● Objectives of the Anti-Corruption Coordinating Committee (ACCC): ○ Ensuring coordination and integration of anti-corruption initiatives in the public service; ○ Avoiding duplicating initiatives and efforts in the fight against corruption in the public service; 10 Providing a forum for the various departments to share information on anti- corruption prevention, detection and investigation and other initiatives; ○ Serving to oversee and monitor implementation of the Public Service Anti-Corruption Strategy, and ○ Ensuring the effective implementation of the Public Service Anti-Corruption Strategy. ○ ● SAPS Anti-corruption Strategy 4 Pillars: ○ Prevention ■ Creating an ethical culture and employment vetting ○ Detection ■ Developing policies to support whistle-blowing and internal audits ○ Investigation ■ Providing for internal investigations as well as cooperating with other government departments to investigate corruption by SAPS employees ○ Resolution ■ Ensuring that disciplinary action, criminal prosecuting and civil recovery are instituted. Study Unit 3 The concept ‘terrorism’ ● ● ● ● “The use of force or the threat of force to achieve a political end”. Definition has been modified in recent years to read “to achieve a political or criminal end” Terrorism is the unlawful use or threat of violence against persons or property to further political or social objectives. Generally intended to intimidate or coerce a government, individuals or groups to modify their behaviour or policies. ● is worth noting that whereas acts identified as “terrorism” are typically intended to harm their victims, not all harm-intending actions involve violence. ● ● ● Some threats that involve no actual harm may also qualify as acts of terrorism. Acts of terrorism always involve actual or intended generation of terror Terrorism involves coercion intended to force a target audience to comply with explicitly stated demands. 11 ● Some terrorist acts may have as their important aim to publicise the terrorists’ cause, to inspire sympathetic observers to join their ranks, to improve morale among supporters, or any number of other motivations. Overview of the causes of terrorism. 1. Permissive structural factors a. Poverty - Underdevelopment, poor governance, resentment and desperation b. Poor society = weak state - Unable to prevent terrorist activity, lack educational resources to prevent c. Demographic factors - rapid population, burgeoning of young male and uneven population shifts across different ethnic groups d. Urbanization - especially in conjunction with unemployment and poverty generate a disaffected population - Enable terrorist recruitment and organization 2. Direct Root Causes a. Absolute poverty, exclusion and social inequality - sources of conflict when combined with other factors incl. Terrorism b. Poverty and inequality, especially when affecting distinct national, religious, cultural, and/or ethnic groups—so called horizontal inequalities—is a breeding ground for conflict c. Dispossession, human rights abuse, alienation, and humiliation are sources of conflict that are also linked to terrorism. d. Terrorist leaders seek support from people who feel “humiliated, threatened, aggrieved and without help” and that “Terrorism is thus often linked to a sense of injustice and impotence rather than sheer poverty”. e. In conditions of poor governance, rampant corruption, and human right abuses, terrorism flourishes. Roots lie in the politics of exclusion and the emergence of a triad of dispossession, empowerment, and an ideology that justifies violence. f. A clash of values, especially associated with ideological or “religious” terrorism, has been posited as a root cause of certain types of terrorism. As a result of globalization, value systems have increasingly come into contact and in some cases into tension, creating the perception or fear of cultural imperialism and hegemony. This is not necessarily a religious clash, but a cultural clash. 12 The psychological motives of terrorism. 1. 2. 3. 4. 5. 6. 7. 8. A desire to be regarded as special is the most common and strong motive Desire to be known to target audience is a strong motive Desire to be vicariously approved of by members of one’s own reference group Desire to achieve personal congruence by aligning actions with ideological/religious convictions Desire to affiliate and be with others of a like mind The experience of social and psychological isolation resulting in little interface with other views Vengeance for originally offended individuals who were perceived to have been unjustly treated by members/representatives of the target group Experience of an insult to the person’s grandiose sense of self, but not necessarily a serious personal loss in the hands of the target group The different types of terrorism and violent groups. ● Three categories of domestic terrorist groups ○ ○ Left wing extremists ■ Would like to see the creation of a nation in which means of production will be commonly owned; ■ Every person will receive what he/she needs and contribute what he/she can best produce; ■ Usually referred to as ‘dictatorship of the proletariat’. •Right wing extremists ■ ○ They generally foster any number of radical beliefs, and many groups foster a strong central gov that espouses a “ fascist state with all of its nationalist and supremacist philosophies. •Single-issue groups ■ Single issue groups which in many cases encompass legitimate protests movements, frequently involve fringe elements willing to use violence to achieve their ends. Some of these include: ■ Animal rights extremist ■ Environmental or ecological radicals ■ Anti-abortion activist 13 Anti-genetic & other violent opponents of “scientific engineering”, such as stem cell research. Ecological movements ○ Ecotage or ecoterrorism involves efforts by groups to protect the environment. ○ Is a broad and loosely organized amalgam of individuals, groups and organizations that condone radical (i.e., non-legal) actions to realize a world in which both animals and the environment are fully respected. Most of their radical actions are aimed at exposing or stopping environmental destruction and animal abuse. ■ E.g. driving spikes into trees to prevent lumbering, pouring sand into the gas tanks of vehicles, arson, and other forms of sabotage. Animal rights groups ○ Deeply committed to their cause and difficult to trace ○ There’s no real leadership ○ Decisions are made by the groups, which tend to be loosely organised. ○ No one really knows who else is in the organisation Agro-terrorist activities ○ The intentional introduction of a plant pathogen, virus or another biological agent to kill crops or animals Attacks on farms, ranches and feedlots represent a threat because they are generally unprotected. ○ An increasingly serious ecological and economic problem of the 21st century and potentially a driver of environmental change and economic hardship worldwide Anti-abortion violent offenders ○ Consists largely of individuals and groups operating peacefully & within the law to end legalised abortion, or shut down clinics ○ Most illegal activities consists of disorderly conduct, “staged” arrests & letter campaigns identifying doctors who carry out abortions ■ ● ● ● ● ● Why women? 1. Increasing number of arrests has thinned out the male fighters and dented the operational capability of these networks. 2. Can get closer to their targets without being suspected 3. Blend into environment well 4. Don’t trigger red flags in law enforcement 5. Attract more publicity and media attention, as they are perceived to generate greater psychological impact on the adversary or the target audience 14 The role of women in terrorist groups 1. Their skill and expertise in caregiving and auxiliary support that might be needed by the group, especially when male labor becomes scarce due to casualties or unsuccessful recruitment. 2. Strategic advantage uniquely embedded in the imagery and social perception of feminist pacifism. a. often gain access to areas unapproachable by men, and may thus achieve destruction on a greater scale 3. Important symbolic value embedded in motherhood and martyrdom or maternal sacrifice a. Sacrificial symbolism associated with women can often be manipulated into an integral component of the construction of nationalism and patriotism 4. Women provide physical, emotional, and psychological solace to their male counterparts a. frequently actualize their most basic biological value through reproduction, as some women fighters claim that they are both "lovers and fighters" and of course, loving mothers ● Key reasons that might explain the increasing deployment of female suicide bombers: ○ Women suicide terrorists capitalize and thrive on ‘element of surprise’ ○ They can take advantage of cultural reluctance toward physical searches to evade detection. ○ Given their seemingly feminine facade, they are categorically perceived as gentle and non-threatening. ○ Further, they constitute a potentially large pool of recruits, a resource that terrorist organizations can draw from and cash in on. ○ Symbolically, the death of women bombers is more likely to evoke a feeling of desperation and sympathy than does the demise of male bombers, thus potentially fueling the resolve for revenge. Why do women agree? •Nationalist sentiment, social, educational, and physical repression, and the promise of women’s liberation motivated women 15 •Coercion, religious mandate, fear of retaliation, and concerns for personal safety can also serve as important motivating forces attracting women’s participation •Women’s participation might be driven by an explicit feminist agenda to improve their status in the group in particular and society in general •The status of women’s rights may have an important effect on women’s participation in terrorism on a global scale • Psychological trauma Characteristics of terrorists ● Individual characteristics: ○ Terrorists tend to be young ○ Positive relationship between age and a consenting view toward political violence ○ Positive association between level of education and economic status and the likelihood of becoming suicide bombers ○ Individuals with higher education may have a higher expectation for acquiring professional advancement in terrorists groups ○ Educated individuals may espouse a more profound empathy and ideological or religious affinity with the organization and hence be more poised to help accomplish the goals of the organizations ○ Positive relationship between support for the use of political violence and educational level ○ Individuals with more advanced education are more likely to engage in terrorist attacks.