Can democracy survive without the rule of law? What does it mean for democracy when police act outside the law, or apply the law partially? This Policing and Society paper examines these issues in Mozambique, a country trying to establish the rule of law after it has introduced democracy. Research reveals police conduct is not consistently subject to the rule of law. Backwards democratisation in this area will be difficult without the political will to change and channel resources into strengthening police capacity.
The rule of law determines the degree to which political and human rights are enjoyed equally. It is meant to restrain policing from partial, arbitrary or unnecessarily violent behaviour. Democratic principles seek to ensure that policing is fully accountable to its citizens. Despite the close theoretical links between the rule of law and democracy, many new democracies have been associated with alarming rises in lawlessness.
A background of an authoritarian one party state and devastating civil war meant Mozambique had to build its democracy, state and economy from scratch:
- Popular confidence in the police is low due to their inefficiency, bribe seeking, corruption, lawless conduct, human rights abuses and complicity with criminals. Police composition also reflects significant gender and regional biases.
- There is a considerable degree of police immunity from prosecution, including no independent complaints commission. Widespread ignorance of human rights and the law means abuses often go unchallenged.
- Severe police under-staffing means there is nowhere near adequate provision for equitable access, particularly outside the capital.
- There is evidence that vulnerable members of society, including children and women, are more susceptible to police abuse. Cases of partisan behaviour and political control have also been documented.
- Campaigns by the press and human rights groups have had some success in bringing about changes in coercive policing methods. However, intimidation and death threats are not uncommon against those who seek to expose police abuses, along with corruption in business and politics.
Democratisation has brought only minor changes to the police force in Mozambique, leaving an incomplete democracy. At the level of the rule of law, its democracy is particularly weak:
- Democracy cannot offer a system of equality without including equal standing before the law in respect of civic obligations and protection.
- Police conduct in Mozambique is undermining trust in them as an institution and trust in the principle of the rule of law.
- The quality of policing affects other levels of the democratic system, including fair elections, transparent and accountable government, the prevalence of vigilante activity and the degree of penetration of organised crime.
- Weak institutional capacity, including the resources to recruit, train and equip the police on a sufficient scale, is an obstacle to change. In addition, corrupt practices are so prevalent that fundamental reform of the existing culture would be necessary.
- There is evidence that some of Mozambique’s ruling elite lack the political will to establish the rule of law in its fullest sense; there has been little imposition of change from above. This includes democratic policing that is fair, accountable, accessible and responsive to its citizens.
