Police Reform: Sudan Comprehensive Peace Agreement
CHAPTER VI: SECURITY ARRANGEMENTS
8. National Security Organs and Police forces Structures and arrangements affecting all law enforcement organs, especially the Police, and National Security Organs shall be dealt with as part of the power sharing arrangements, and tied where is necessary to the appropriate level of the executive.
Annexure I: Permanent Ceasefire and Security Arrangements Implementation Modalities and Appendices (Signed at Naivasha, Kenya on 31st December 2004)
Part II: The Armed Forces
22. Policing Issues and Domestic Security
22.1. In order to facilitate the removal and withdrawal of the military and paramilitary forces from areas where they were previously located and in order to return societal order and harmony, in accordance with the law, in compliance with national and international acceptable standards and with accountability to the Courts and civil Administration, the police at the appropriate level during the ceasefire shall:
22.1.1. Maintain law and public order;
22.1.2. Ensure safety and security of all people and their property;
22.1.3. Prevent and detect crimes.
22.1.4. Assist returning refugees, the displaced and other returnees to start a normal, stable and safe life in their respective communities;
22.1.5. Provide national service ( such as nationality, civil registry, identity documents (IDs), passports etc.) and other police services and make them available to all citizens in their locations;
22.1.6. Protect VIPs in collaboration with other security agencies;
22.1.7. Preserve natural resources;
22.1.8. Combat illicit trafficking in narcotics, drugs and illegal trade in fireanns and other organized and trans boundary crimes in the area;
22.1.9. Control illegal presence and movement of aliens in the area;
22.1.10. Collect data and information on criminal matters that threaten implementation of the peace agreement in the area.
22.1.11. Remove the need for the deployment of military and para-military forces in villages, communities and city streets;
22.1.12. Combat corruption at all levels of government and civil society; and
22.2. In order to strengthen the effective implementation of this Agreement, the National Police may assist, as required, other police at all levels to establish and promote police service at that level;
22.3. The police shall cooperate and participate in the entire process of ceasefire implementation;
22.4. The Parties agree that the police in the territorial jurisdiction of the ceasefire shall assume their normal functions and activities, particularly in the areas where military and para-military forces had previously assumed their functions;
22.5. The Parties call upon the international community to assist in the areas of training, establishment and capacity building of police and other law enforcement agencies for the sustenance of peace and rule of law;
22.6. The Parties recognize the need for cooperation and coordination mechanism between the national police and other law enforcement agencies at all levels with regards to the implementation of this Agreement.
The 2005 CPA provided that the police and law enforcement organs should be dealt with as part of the power-sharing arrangement. The parties also agreed to let the police force assume its normal functions in areas where military and para-military forces had previously assumed their functions. The accord also called for the training and capacity-building of the police. Parties also recognized the need for cooperation and coordination mechanisms between the national police and other law enforcement agencies at all levels of government in order to implement the accord.
No significant progress was made regarding police reform. The Ministry of Justice Law reform had reestablished a committee to review laws to ensure their compatibility with the CPA and the Interim National Constitution on 19 October 2005. The committee had identified 50 laws requiring reforms including the Police Act.1 In front of the training and capacity-building of police, the UN police in the field had monitored, advised and reported on the activities of the local police in South Sudan. The Police Commander of South Sudan had approved a proposal to co-locate UN police in police stations to monitor and train local police. The UN police also organized 11 training courses for 448 Sudanese police officers. The U.N. Secretary General’s report suggests that the strategic plan for police development and training had advanced.2
In the spirit of the power-sharing provisions in the CPA, the Khartoum State cabinet approved the Khartoum Police Force Bill but discussion on the bill was pending until the National Police Bill had been approved. Nevertheless, immediately after the signing of the CPA it was agreed that position discrimination towards Southerners and Darfurians would be applied at the Police College (Rabat University) with a lower entrance mark being accepted. It was suggested that at least 20% of 350 officer candidates in the police college would be from the South.3
There was no progress with regards to deploying Joint Integrated Police Units. Nevertheless, UN Police supported both the GoNU Police and the Southern Sudan Police Services (SSPS) with capacity building and standards. The UNMIS recommended the establishment of the Police Development Committee in South Sudan Police Service to formulate policy and coordinate capacity building initiatives. The committee was representative of the SPLM, the government and National Unity and international agencies. The UNMIS police component drafted a framework and action plan for community policing in Juba. The code of conduct for Sudanese police was also at the stage of approval. The UNMIS police component played a crucial role in training the initial group of 34 officers. The human rights training for the Government of National Unity Police also began in September 2006.4
Some progress was made with regards to police reform. In June 2007, the Council of Ministers approved the National Police Bill that would affirm the provision of the CPA and INC that created three levels of police: national, southern, and state. The UNDP started training police and prison personnel with support from the Multi-Donor Trust Fund.5 The UN police unit also continued to advise the SSPS on strategic developments including command and communication structures. The UN police officers were co-located in six out of 10 southern States. The first group of 29 officers graduated in 2007. The UNMIS had also received requests from five northern states for police training support.6 There was no progress on deploying Joint Integrated Police Units.
In June 2008, the National Assembly passed the National Police Bill following a protracted debate. In South Sudan, the organized forces bill (police, fire brigade and wildlife) had been drafted and forwarded to the GoSS council of ministers for consideration. In July, officers to serve in the JIPU had been identified by the GoS Police Service and the SSPS and were deployed in Abyei town. After the appointment of the Abyei police commissioner, parties had also agreed to phase-wise deployment of 1,000 joint integrated police units comprising equal numbers from both the north and south. The UN coordinator was quoted saying that 379 police officers from the north had already arrived and the police personnel from the south were expected to arrive by the end of the week.7 The integrated units were deployed to maintain law and order in Abyei.
The UNMIS police component continued to train police officers, with a special focus on basic training. It was reported that the UNMIS trained a total of 1,700 government police officers in various specialties: forensics, crime investigation, gender issues, computers, explosives awareness and community policing. The UNMIS trained 100 women police officers in Khartoum on issues related to gender, domestic violence and child protection. In South Sudan, the UNMIS training 2,104 police officers. It was also reported that over 6,500 officers were harmonized and added to the UNMIS police personnel database.8
Once the National Police Bill was passed in 2008, the Khartoum Legislative Council passed the Khartoum State Police Act in August 2009. Similarly, the Southern Sudan Legislative Assembly passed the Southern Sudan Police Bill in October 2009. The Joint Integrated Police Unit remained deployed in Abyei town. Remarkable progress was made in capacity building and in the standards of the GoNU Police and Southern Police Service. In December 2009, the police unit of the UNMIS concluded 48 training courses in which 1,058 local police officers (418 GoS and 640 SSPS) participated in those courses, including 73 female officers. The UNMIS Police trained 8,351 (6004 GoS and 2,347 SSPS) local police officers, including 763 females, in Election Security Training. It was also reported that 26,955 SSPS officers had been fully registered from Sector I, II & III.9
- 9. "The CPA Monitor-Monthly report on the implementation of the CPA," UNMIS, December 2009.
Legal reforms related to the police were completed in 2009. Nevertheless, the UNMIS police continued to provide capacity- and confidence-building classes to national and south Sudan police service personnel. The UNMIS police officers were co-located in all 10 Southern States. Furthermore, 25,840 SSPS personnel, including 2,254 female officers, were trained in referendum security duties.10
- 10. "Report of the Secretary-General on the Sudan," United Nations (S/2010/681), December 31, 2010.
The CPA provision related to police reform became obsolete when South Sudan succeeded from the north after the referendum. Nevertheless, the UNMIS continued with support for the security sector reform in South Sudan. The new mandate that the U.N. Secretary General requested from the U.N. Mission in South Sudan also incorporated aspects of support to strengthen the capacity of the SSPS through technical advice in policy and legislative development, as well as training and mentoring.11
- 11. "Special report of the Secretary-General on the Sudan," United Nations (S/2011/314), May 17, 2011.