[pt] Esta dissertação procura analisar as diferentes abordagens à proteção de civis (PoC, da sigla em inglês) mobilizadas por agentes policiais/militares e humanitários em situações de conflito armado e emergências humanitárias onde há presença de operações de paz das Nações Unidas. Inspirada pelas estratégias de análise de discurso pós-estrutural, a dissertação se concentra nos PoC sites no Sudão do Sul, espaços que abrigam civis deslocados pela violência e perseguição desde a conflagração do conflito armado em curso, em dezembro de 2013. Tais espaços de proteção têm integrado as estratégias e práticas de proteção avançadas tanto por humanitários quando pela Missão das Nações Unidas no Sudão do Sul (UNMISS) e são tomados como um microcosmo privilegiado para a análise do(s) discurso(s) de proteção, dada a coexistência de diferentes racionalidades de proteção que os caracteriza. Orientada por um arcabouço teórico-conceitual foucaultiano, a dissertação mobiliza os conceitos de poder soberano, governamentalidade e biopolítica desenvolvidos por Michel Foucault e trabalhados por literaturas críticas às operações de paz e ao humanitarismo. Defende-se que as racionalidades de proteção avançadas pelos setores humanitário e de segurança seguem a racionalidade do poder policial, entendido como um conjunto de tecnologias e técnicas quem mantêm a ordem e protegem a vida no nível da população, mas também decidem sobre a suspensão da lei. Apontando para a relação entre proteção, policiamento e excepcionalidade desenvolvida nos PoC sites, tais espaços serão analisados a partir do conceito de campo de Giorgio Agamben: espaços de normalização da excepcionalidade em que a vida nua é governada. / [en] This thesis analyses different approaches to the protection of civilians (PoC) as mobilized by police/military and humanitarian actors in contexts of armed conflict and humanitarian emergencies where a United Nations peacekeeping operation is deployed. Inspired by the strategies of post-structural discourse analysis, the thesis focuses on the PoC sites in South Sudan, which have sheltered civilians fleeing from violence and persecution since armed conflict broke out in that country, in December 2013. These protected sites have been an integral part of protection strategies and practices advanced by both humanitarian actors present in the country and the United Nations Mission in South Sudan (UNMISS) and are taken here as a privileged analytical microcosm for assessing protection discourse(s) due to the colocation of different protection rationales that characterizes those spaces. Grounded on a Foucauldian theoretical-conceptual framework, this work mobilizes the concepts of sovereign power, governmentality and biopolitics developed by Michel Foucault and employed by critical literature on peacekeeping operations and humanitarian action. It is argued in the thesis that the rationales of protection advanced by both the humanitarian and security sectors work according to the rationality of police power, understood as an ensemble of technologies and techniques that maintains order and protects life among populations but also decides on the suspension of law. Pointing to the particular relationship between protection, policing and exceptionality unraveled in the context of PoC sites, these spaces will be treated as Giorgio Agamben s camps: as spaces of normalized exceptionality where bare life is managed.

Before 1994 criminal procedure was subject to the sovereignty of Parliament and the untrammelled law enforcement powers of the executive which resulted in the authoritarian and oppressive criminal justice system of the apartheid era. The Constitution, Act 108 of 1996 has since created a democratic state based on the values of the supremacy of the Constitution and the rule of law. The basic principles of criminal procedure are now constitutionalised in the Bill of Rights. The Bill of Rights protects the fundamental rights of individuals when they come into contact with organs of the state which includes the police. The Criminal Procedure Act 51 of 1977 authorises the police to search for and to seize articles, and has long provided the only legal basis for obtaining warrants to search for and to seize articles and for performing such actions without a warrant in certain circumstances. Generally the standard for these measures and actions taken under their purview has been one of reasonableness. Since the birth of the Constitution there has been additional constraints on search and seizure powers. Not only are there now constitutionalised standards by which such legal powers are to be measured, but there is also the possibility of excluding evidence obtained in course of a violation of a constitutional right. The provisions of the Criminal Procedure Act are now qualified by the Constitution. Where feasible a system of prior judicial authorisation in the form of a valid search warrant obtained on sworn information establishing reasonable grounds is a precondition for a valid search or seizure. Search and seizure without a warrant is permitted only in exceptional circumstances such as an immediate threat to person or property. By prohibiting unreasonable searches and seizures the Constitution places important limits on police efforts to detect and investigate crime. The Constitution appreciates the need for legitimate law enforcement activity. / Criminal and Procedural Law / LL.M.

In any society the police are organized with the responsibility of keeping peace and order, ensuring the rule of law, justice, prevention of crime as well as protection of human rights. Regardless of the circumstances in which the police find them, they should act towards every human being with a sense of duty and care for human rights; it is the responsibility of the police to conduct the process of arrest, search and seizure according to the law with no neglect of duties. The police are expected to comply with the arrest, search and seizure procedures designed to ensure the protection of human rights. Nevertheless, usually, the task of investigation is vulnerable to human right violation. This is particularly true in the case of the developing countries where the process of democratization is so infant that most of them not only lack the required level of awareness/understanding pertaining to the human right principles but also the necessary institutional mechanisms that contribute to the proper application of human right principles are missing. The report of the Ethiopian Federal Police Inspection Service conducted in the year 2003 indicated that there were some suspects arrested without court warrant and with the existence of reasonable doubt for their guiltiness. Moreover, findings of a research conducted in the same year on certain Addis Ababa sub-city police stations also clearly indicate this fact. The objective of the this research is to evaluate the extent to which crime investigator, who are duty bearers in the Addis Ababa city police, adhere to the human right principles pertaining to the rights of suspected, accused and arrested person that are recognized in pertinent international instruments and enshrined in the Federal Democratic Republic of Ethiopia (FDRE) constitution and other related laws of the country while fulfilling their duties and responsibilities throughout the crime investigation process. Specifically the study is also aimed at exploring the form and type of commonly violated human right, if any and the determinant factors behind the respective types of human right violation by crime investigation belong to the Addis Ababa police .Methodologically the study followed and is mainly relied on the qualitative empirical approach to social science research. / Police Practice / M. Tech. (Policing (Investigation))

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Before 1994 criminal procedure was subject to the sovereignty of Parliament and the untrammelled law enforcement powers of the executive which resulted in the authoritarian and oppressive criminal justice system of the apartheid era. The Constitution, Act 108 of 1996 has since created a democratic state based on the values of the supremacy of the Constitution and the rule of law. The basic principles of criminal procedure are now constitutionalised in the Bill of Rights. The Bill of Rights protects the fundamental rights of individuals when they come into contact with organs of the state which includes the police. The Criminal Procedure Act 51 of 1977 authorises the police to search for and to seize articles, and has long provided the only legal basis for obtaining warrants to search for and to seize articles and for performing such actions without a warrant in certain circumstances. Generally the standard for these measures and actions taken under their purview has been one of reasonableness. Since the birth of the Constitution there has been additional constraints on search and seizure powers. Not only are there now constitutionalised standards by which such legal powers are to be measured, but there is also the possibility of excluding evidence obtained in course of a violation of a constitutional right. The provisions of the Criminal Procedure Act are now qualified by the Constitution. Where feasible a system of prior judicial authorisation in the form of a valid search warrant obtained on sworn information establishing reasonable grounds is a precondition for a valid search or seizure. Search and seizure without a warrant is permitted only in exceptional circumstances such as an immediate threat to person or property. By prohibiting unreasonable searches and seizures the Constitution places important limits on police efforts to detect and investigate crime. The Constitution appreciates the need for legitimate law enforcement activity. / Criminal and Procedural Law / LL.M.

In any society the police are organized with the responsibility of keeping peace and order, ensuring the rule of law, justice, prevention of crime as well as protection of human rights. Regardless of the circumstances in which the police find them, they should act towards every human being with a sense of duty and care for human rights; it is the responsibility of the police to conduct the process of arrest, search and seizure according to the law with no neglect of duties. The police are expected to comply with the arrest, search and seizure procedures designed to ensure the protection of human rights. Nevertheless, usually, the task of investigation is vulnerable to human right violation. This is particularly true in the case of the developing countries where the process of democratization is so infant that most of them not only lack the required level of awareness/understanding pertaining to the human right principles but also the necessary institutional mechanisms that contribute to the proper application of human right principles are missing. The report of the Ethiopian Federal Police Inspection Service conducted in the year 2003 indicated that there were some suspects arrested without court warrant and with the existence of reasonable doubt for their guiltiness. Moreover, findings of a research conducted in the same year on certain Addis Ababa sub-city police stations also clearly indicate this fact. The objective of the this research is to evaluate the extent to which crime investigator, who are duty bearers in the Addis Ababa city police, adhere to the human right principles pertaining to the rights of suspected, accused and arrested person that are recognized in pertinent international instruments and enshrined in the Federal Democratic Republic of Ethiopia (FDRE) constitution and other related laws of the country while fulfilling their duties and responsibilities throughout the crime investigation process. Specifically the study is also aimed at exploring the form and type of commonly violated human right, if any and the determinant factors behind the respective types of human right violation by crime investigation belong to the Addis Ababa police .Methodologically the study followed and is mainly relied on the qualitative empirical approach to social science research. / Police Practice / M. Tech. (Policing (Investigation))

In South Africa, the right to protest is under constant threat as a result of the state response. Increasing cases of forceful policing and sometimes unlawful procedural prohibitions of protest attest to this. This study aims to firstly describe this situation through securitisation theory, essentially arguing that South Africa has become a securitised state. It also aims to understand how this is sustained by the state and why the state needs to use a securitised response to maintain power. Interviews were conducted with members of different communities and organisations. Their responses helped to illustrate the frustration of the right to protest or brutal policing during a protest. This provided primary evidence to support the claims of the study. The research shows that claims to protest are being delegitimised under the guise of security as protestors are being constructed as threats to the state. This is further substantiated by looking at how the reorganisation and remililtarisation of the South African Police perpetuates the criminalisation of protestors which necessitates a forceful response from the state. Furthermore, it shows that there is a distinct relationship between the prohibition of protest and the recent increase in ‘violent’ protests which legitimate forceful policing thereby creating a state sustained cycle of violence. The larger implication of this treatment is that these protestors are treated as non- citizens who are definitively excluded from participating in governance. In understanding why this is taking place, it is clear that a securtitised response is an attempt to maintain power by dispelling any threats to power, a response which is seen to have a long history in the African National Congress (ANC) when examining the politics of the ANC during exile. Maintaining power in this way distracts from the larger agenda of the state, which this thesis argues, is to mask the unraveling of the ANC’s hegemony and inability to maintain national unity. In other words, the increasing dissatisfaction of some of the citizenry which has manifested through protest greatly undermines the legitimacy of the government to provide for its people.

South Africa has been synonymous with police brutality for many years. This stigma remains till this day. The South African Police Service and the Government has tried in vain to change the image of the South African Police Service. This research was conducted to analyse the prevention of police brutality in the Western Cape, focusing on Cape Town. This will include the effects police brutality has had on the community, and the resulting breakdown of relations between the police and the community. This study will compare statistics of police brutality related incidents from South Africa with that of the United States of America, the United Kingdom, Australia and Nigeria. This comparison will indicate if South Africans do suffer more brutality cases at the hands of the police or is brutality by police officers a worldwide phenomenon. The research questions that were asked during this study are if police brutality is a problem, why does police brutality occur, how does it affect the community and what can be done to prevent police brutality. This study used a mixed method of research methodology to attempt the answer the complex questions asked. This included survey questionnaires that were distributed to police officials, Community Police Forum members and the community around the Cape Town Central Business District. Semi structured interviews were held with members of the police’s departmental hearing section. Literature was also obtained regarding police brutality. Prevention of police brutality strategies from the United States of America, United Kingdom, Australia and Nigeria were obtained to compare these strategies and determine which have been successful and could be a benefit to the South African Police Service. The current strategies the South African Police Service have also put in place will be discussed which will include legislation, white paper on safety and security, the green paper on police practice and the National Development plan 2030. Combining all the information obtained, this research will provide findings regarding the phenomenon of police brutality and possible recommendations that could assist with the prevention of police brutality. This in turn will help build a better relationship between the South African Police Service and its Citizens that they swore to protect and serve. / Criminology and Security Science / M. A. (Criminal Justice)

This exploratory and qualitative investigation is used as a research strategy to indicate a preventative policing style for public violence in the Eastern Free State. The research's integration of problem-solving methods may be used in instances where public violence is common and pre-empted. The study researched the policing of public expression against poor service delivery in a democratic South Africa after the adoption of a new Constitution. The Scanning, Analysis, Response and Assessment Model is applied by way of a service-oriented, preventative policing style involving the principles of the Community Policing Style. The dissertation argues that though the South African Police Service's handling of public violence in the Eastern Free State, was reminiscent of the former public violence of political oppression, it should gradually move away from the military approach to a preferred community policing style and include relevant role players in using a systematic and service-orientated preventative policing style to address public violence. / CRIMINOLOGY / MTECH: POLICING

This exploratory and qualitative investigation is used as a research strategy to indicate a preventative policing style for public violence in the Eastern Free State. The research's integration of problem-solving methods may be used in instances where public violence is common and pre-empted. The study researched the policing of public expression against poor service delivery in a democratic South Africa after the adoption of a new Constitution. The Scanning, Analysis, Response and Assessment Model is applied by way of a service-oriented, preventative policing style involving the principles of the Community Policing Style. The dissertation argues that though the South African Police Service's handling of public violence in the Eastern Free State, was reminiscent of the former public violence of political oppression, it should gradually move away from the military approach to a preferred community policing style and include relevant role players in using a systematic and service-orientated preventative policing style to address public violence. / CRIMINOLOGY / MTECH: POLICING