the POLICE – EXECUTIVE RELATIONSHIP IN TANZANIA: A FRAMEWORK

WHY DO WE HAVE THIS PAPER? Realize and join hands with the Police Force on the role, Functions and steps taken toward a better policing. Joining hands in advocating Police reform To contribute ideas on how the relationship should be between Police and the Executive

WHAT THE PAPER CONTAIN? The Paper has four sections preceded with Introduction. Section 1: The contours of the Police-Executive relationship in a democracy and why it is essential for a quality police service. Section 2: How this can be achieved in practice. Section 2.1: Appropriate legal framework Section 2.2: Independent police leadership Section 2.3: Independent, transparent and fair management of police Section 2.4: Adequate financial resources Section 3: Implementation in Tanzanian context. Section 4: Recommendations.

INTRODUCTION In Tanzania, like in other Commonwealth countries, the efforts are on the way to reform policing laws and mechanisms to accord local and international standards. Thus, the paper answer questions about what operational independence is, why we need it, and how Tanzania Police Force will benefit from paying closer attention to ensuring operational independence by drawing the best practices from other jurisdictions such as Kenya, South Africa, Ghana, Rwanda, Nigeria, and New Zealand

The contours of the Police-Executive relationship in a democracy and why it is essential for a quality police service In any democracy, the ultimate responsibility for ensuring public safety and security lies with the Executive, specifically the Minister for Home Affairs or his/her equivalent depending on the jurisdiction. The police are implementers. As such, the police and the Executive are both bound together in the common endeavour of preventing and responding to crime, maintaining law and order and ensuring that the people have a well-functioning police service that protects life, property and liberty but they should perform this duty responsibly.

WHAT IS OPERATIONAL RESPONSIBILITY? Police General Order No.1, Para 8: “Police Officers at all levels must be guided by the laws in the performance of their duties. Undue influence, political, religious or otherwise should not be allowed in police decisions as these may have an adverse effect in delivering justice. Every police officer is encouraged to perform his/her duties without fear or favour when performing within the limits of the law.” The Police should be able to act independently in their decision-making with respect to enforcing the law in individual cases. This includes making important decisions about whom to investigate, search, question, detain, arrest and prosecute in a particular case.

How this can be achieved in practice Legal framework that clearly clarify roles, responsibilities and relationships between police and the executive; Independent nature of police leadership with clear and fair procedure for the Head of Police appointment, security of tenure, and guarantees against political meddling enshrined in law; Independent, transparent and fair procedures of recruitment, appointment, promotion, transfer and disciplinary control within the police force; and Well-defined and adequate sources of financing of the police.

Implementation in Tanzanian context Central principles of operational independence should be enshrined in the Constitution and operationalised in the law. The President the URT has the power to appoint, promote and discipline Police Officers from the rank of Senior Assistant Commissioner of Police to IGP. There appears to be no selection criteria for appointments, meaning that the President can appoint a person to the senior leadership of the police at his discretion. There is no set term of office for the IGP, vesting all power in the President to dismiss or retain the IGP. The President control over the appointment, discipline and removal of the senior leadership of the police, reduces the ability of these officers to act independently.

recommendations Appropriate legal framework The supervision, direction and control of the police throughout the State should, be vested on the Inspector-General of Police. Operational independence should be enshrined in the Constitution The Minister may give the Inspector - General of Police only the directions in writing on matters of Government policy. Independent police Leadership The Constitution and police laws have to entrench the independence of the police, and specifically the independence of the Inspector-General to ensure independence and impartiality of the Police Force: The Constitution should state that the Parliament should approve the candidate for Inspector-General of Police before the person is appointed by the President. Selection criteria must be developed and integrated into the Constitution or the Police Act. The Constitution should specifically state that the Inspector-General has independent authority over the Police Force. The Constitution should clearly set out the grounds upon which the Inspector-General may be removed, to ensure transparency and accountability in any such decision. As well as security of tenure, the Constitution should stipulate a fixed term of office for the Inspector-General of Police.

Recommendations: Continues Independent, transparent and fair management of police Establish and entrench a Police Force Service Commission in the Constitution and its members appointed by the President subject to confirmation by the Parliament. Adequate financial resources The Constitution or the Police Act should have clear provisions regarding adequate police funding. The law should stipulate sources of police’s financing. Such as state budget, lawful donations, income from police’s services and interest from police’s projects. The law should clearly provide that, it is the responsibility of the Inspector-General of Police and the Minister for Home Affairs to ensure police headquarters, zonal, regional, units, districts, and stations are allocated sufficient funds to finance its activities.