THE CASE OF HENRY DOWA
UNCIVPOL states in its Selection Standards and Training Guidelines (‘the Guidelines’)
“The important role and complex responsibilities of UNCIVPOL monitors in
current missions demand that only the best-suited police officers from the
Member States are deployed as monitors.”66
According to the Guidelines, the Benchmark Selection Standards include:
“Personal and Professional Integrity. Any police officer volunteering for service as
a UNCIVPOL monitor must have exemplary personal and professional integrity.
This implies an international outlook, independence from direction from
governments and organisations external to the United Nations and both the
knowledge of and ability to act impartially while on mission.”67
It would appear that DPKO’s main concern is the conduct and behaviour of UN police
officers whilst on UN duty, as opposed to what they did (and do) in the Member State
from whence they came. This is understandable. Nevertheless, police officers from a
Member State who have acted with brutality and impunity at home are not the sort of
persons who ought to be part of any UN police force abroad. This is so obviously a
basic matter of principle that there should be no need to even raise it, and yet the Dowa
case illustrates the fundamental problems which can arise. The question is what steps,
if any, can be taken to prevent this sort of problem from recurring?
There is, of course, the much wider problem of how to overcome domestic impunity in
Member States where human rights violations by the police, including torture, are
endemic and condoned. The development of international criminal law, including CAT,
is part of the solution. The specific issue for DPKO, though, in the case of Zimbabwe
and similar countries where gross and systematic human rights violations are taking
place, is whether it is possible to prevent police torturers finding their way into
UNCIVPOL.68
The most radical solution would be to stop drawing UN police officers from such Member
States altogether. However, until such time as Zimbabwe (for example) has become the
subject of some form of official UN sanctions, there is nothing to stop it offering
personnel, and it would be diplomatically impossible and inconsistent with the functions
of the UN for DPKO to ‘blacklist’ it in the absence of such sanctions. The practical issue,
therefore, given the reality of police officers from Zimbabwe and similar countries joining
UNCIVPOL, is whether any sort of vetting procedure can be instituted.
At the moment it appears that there are no initial vetting procedures at all, and that
effectively everything is left to each Member State to put forward whomsoever it
wishes.69 What DPKO lays down in the Guidelines are the basic necessary practical and
66
United Nations Selection Standards and Training Guidelines for UNCIVPOL,
http://www.un.org/Depts/dpko/training/training/training_material/cdrom/civilian_police/selstand_civpol/selst
and_civpol.pdf The various documents in the Guidelines are said not to constitute official UN policy.
67
Ibid.
68
Zimbabwe is obviously and by no means the only culprit. Numerous other Member State governments
effectively condone torture by the police; see for example: Reparations for Torture: A Survey of Law and
Practice in Thirty Selected Countries (loc sit).
69
On 3 November 2003 REDRESS wrote to UNMIK raising, inter alia, the following: “It is our understanding
that when Zimbabwe is asked to send officers to Kosovo and elsewhere the only official requirement from
15
Select target paragraph3
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