Professional Documents
Culture Documents
Transnational Organized Crime in Southern Africa and Mozambique
Transnational Organized Crime in Southern Africa and Mozambique
Cover Art
The cover picture was taken by Amélia Neves de Souto in Mocímboa da Praia (Northern Mozambique,
Cabo Delgado province) during a field research in 2012. The study trip was linked to a research
about coastal communities, their socio-economic coping strategies and the impacts that missing
opportunities for development have on human security. Amélia Neves de Souto is a historian
at the Center for African Studies at Eduardo Mondlane University in Maputo - Mozambique.
She also contributes as a researcher to the Aquino Bragança Center of Social Studies (CESAB)
and is co-organizer of the book ”Coastal Communities: Perspectives and Realities”, published in
partnership with the FES Maputo office in 2016.
Imprint:
Friedrich-Ebert- Stifung Mozambique
Avenida Tomás Ndunda 1313, Maputo, Mozambique
Tel: +258-21-491 231, Fax: +258-21-490286
Email: info@fesmozambique.org
©Friedrich-Ebert-Stiftung 2016
“Commercial use of all media published by the Friedrich-Ebert-Stiftung (FES) is not permitted
without the written consent of the FES. The views expressed in this publication are not necessarily
those of the Friedrich Ebert Foundation.”
Constanze Blum
Introduction 5
Conclusions 27
Recommendations 27
Sources 30
Transnational Organized Crime in Southern Africa and Mozambique
5
Transnational Organized Crime in Southern Africa and Mozambique
huge debt. Strong devaluation of the national Organized crime and its
currency, skyrocketing inflation, food prices emergence in Southern Africa
and external debt is bringing to the surface
and Mozambique
deeply rooted structural issues with which the
country is struggling. With a medium growth
rate of 7.5% per year since roughly a decade2 The concept of TOC
but one of the lowest Human Development
Indices worldwide, Mozambique epitomizes Until today policy makers and academics have
the difficulties many countries in the region been struggling to find a common definition
face to translate resource wealth and economic of Transnational Organized Crime (TOC).
growth into benefits for its broader populace. Generally speaking, TOC can be defined as
to cover “all profit-motivated serious criminal
For a long time, policy makers have assumed activities with international implications”
that the increasing threat of transnational (UNODC: 2015). Most definitions of TOC
organized crime faced by the region had its that have been attempted make reference
roots in the weakness of the young state to the composition, scale of activities, degree
institutions, underfunded and with low of permanence and cohesiveness, and
capacity. International, regional and national propensity of violence of organized criminal
responses to organized crime have therefore groups (cf. Ellis and Shaw 2015). The key
been mainly designed to focus on capacity document of reference is the UN Convention
building and propping up the security sector. on Transnational Organized Crime (UNTOC)
This is exemplified by the case of Mozambique of 2003, the so-called Palermo Convention.
where focus has been put on capacity In article two thereof, an organized criminal
building for law enforcement agencies and group is defined as a group containing no
the security sector instead of sustainably less than three people (and that has not been
offering development alternatives for the randomly formed) committing crimes of which
70% of young Mozambicans that struggle at least one is punishable with four years of
to find decent and stable work (Open Society imprisonment, acting with the objective to
Foundation 2012). In the regional context of obtain financial or material benefits and which
Southern Africa, state and organized crime are have been working together for a considerable
however inextricably linked and institutions period of time.
tolerate and take advantage of criminal
activities rather than being “overpowered” It is important to note that though organized
by external forces. Therefore, new tools for crime exists in many places around the world, it
analysis and policy instruments need to be takes very particular forms in various countries
found in the fight against organized crime in (Ellis and Shaw 2015: 5). Originally, the concept
Southern Africa. of TOC emerged in the United States in the
context of the government’s interpretation
of traditional patronage networks observed
in mafia structures (Ibid.). It therefore stems
from a specific time period and originated in
the industrialized countries of the Northern
2 The prognosis has recently been re-adjusted for
next year to 3-4% due to the current financial and hemisphere. The concept has serious
economic crisis. limitations when looking at manifestations of
6
Transnational Organized Crime in Southern Africa and Mozambique
Alternative definitions more closely adapted to According to Ellis and Shaw, organized
the African context have emerged, such as the criminal activities in many parts of Africa are
“criminal entrepreneur” or the “protection usually associated with a set of relationships
economy” approaches. Ellis and Shaw define involving senior political figures, powerful
protection economy as “set of transactions local intermediary and professional criminals
entered into for the purpose of ensuring the (Ellis and Shaw: 2015). A wide variety of illicit
facilitation, sustainability and safety of a set or “grey” activities are going on and criminal
of activities – licit or illicit – undertaken by a activities vary on a spectrum from purely
criminal enterprise” (Ellis and Shaw 2015: private to state-legitimated activities. An
506). This definition highlights that there are a example would be the alleged involvement of
variety of actors involved in organized criminal high-level officials in oil smuggling in Nigeria.
activities in sub-Saharan Africa where there is The illegality of the product is covered up by
a blurry line between the licit and illicit that procuring genuine official documents from
serves as a playing field for criminals and that senior state officials. Here, the line between
can be taken advantage of. Further working the state and organized crime actors becomes
out a concrete definition for the region would very blurry as the state itself turns into the
allow for a more effective analysis of the facilitator of a criminal activity. It is therefore
impact of this phenomenon on governance not necessarily the existence of transnational
(Global Initiative 2014: 5). organized crime in the region itself that may
pose the great challenge, but rather the intrinsic
state involvement in these activities (Shaw
2015: 184-185). This can have detrimental
effects on how the state is seen and respected
7
Transnational Organized Crime in Southern Africa and Mozambique
by its citizens and to what extent it can fulfill supply chains of organized crime. Some of the
its duties and responsibilities towards them. characteristics mentioned are not necessarily
limited to sub-Saharan Africa. However, they
Most states in the regions are characterized are key to understanding the complexity of
by weak law enforcement and high levels of actors and activities in the region as well as
corruption. Criminal groups often expressly the impact (or lack thereof) that public policies
target the highest level of the state to and measures taken against it can have. It is
facilitate illicit operations and control criminal interesting to note that state involvement in
markets. Of course, state involvement has organized crime is not confined to so-called
different degrees and articulations. It may “weak” or “failed” states. It is also visible in
include the engagement of low-level officials, middle income states in the region, such as
such as customs, migration officials or traffic South Africa or Kenya, suggesting that it is not
police. In the midst of these very hierarchical necessarily linked to general poverty levels but
organizational para-military structures that also has something to do with post-colonial
have often been inherited from the colonial state structures and the way connections
era, officials at the lower ends of the were formed between new governments in
command chain may have some leverage. This the post-independence era, (neo-) colonial
means that they may be able to extort a bribe political and economic interests as well as the
(refresco) independently from their supervisor. increasingly globalized private sector.
In other contexts, there may be involvement of
high-level officials who give orders to lower- Historical developments
level civil servants concerning, for example,
the free passage of a certain shipment. Shaw Research suggests that a veritable collusion
suggests (interview 2015) that the direction of between the state and organized crime began
payments/bribes and the information inside at least half a century ago in sub-Saharan
the respective institution concerning the Africa (Ellis and Shaw 105: 3). Its emergence
trafficking of an illegal good can be seen as is tightly linked with the post-independence
an indicator of the depth of state involvement era where a web between representatives of
in organized crime. If low-level state officials the young independent African nations, the
have leverage, can extort bribes and then former colonial power’s political and economic
share a part with their superiors, there is state interests as well as the globalized private sector
involvement, without a doubt. However, if was spun. The post-independence era and the
the order to be absent from the control post emergence of nationalist governments were
at a certain time of the day comes from high linked “from onset not only with domestic
up, if for example a superior gets a call from corruption but also a distinct globalized form
the ministry and then instructs lower level of rent seeking” (Ibid). African politicians
officials to turn a blind eye, this means state who accepted bribes from foreign firms that
penetration by criminal actors has gotten a lot bought their way into new markets became
further. by consequence highly vulnerable to blackmail
in the following period in office, with the
The manifestation can change from country result that corruption, foreign influence,
to country, but may also differ concerning the and domestic politics became “hopelessly
commodity trafficked. In this constellation, entangled” in the region (Ibid.). A prominent
the state can become a proactive agent in example would be the so-called Françafrique,
8
Transnational Organized Crime in Southern Africa and Mozambique
9
Transnational Organized Crime in Southern Africa and Mozambique
following the end of the Mozambican civil were opened and integration into regional
war, these threats have been “overtaken by structures accelerated. This coincided with the
drug trafficking” today (ISS 2010: 8). It was global growth in illicit activities that paralleled
especially during the last decade that a strong the end of the Cold War as well as the
political and state “protection structure” or internet era. Between 1990 and 2006, cross-
collusion with TOC emerged around cross- border financial flows multiplied, of which
border criminal activities. approximately one fifth were estimated to be
illegal (Hudson 2014 in Shaw 2015). When
It proved to be very difficult for law the Apartheid system crumbled, “…South
enforcement to tackle the phenomenon in its Africa was permeated by a growing group
different stages. Initiatives were delayed and of criminal actors, well placed to consolidate
regional police agencies “caught unprepared” their influence upon the foundations laid
(ISS 2010: 4). Similarly, the international during the 1980s.” Due to its economic
community recognized the threat of TOC weight, South Africa still remains a hub for
in the region very late: “Up until the late criminal activities today as well as a market
1990s Interpol’s drug trafficking analysis unit for criminal commodities like drugs and stolen
suggested that hard drugs such as heroin goods (Shaw 2015: 174).
and hashish were smuggled to Europe from
Asia via the former Eastern bloc countries and The case of Mozambique
North Africa.“ (Ibid.) However, by then there
had been several indications that countries Mozambique has often been left out in
such as Mozambique, South Africa, Tanzania regional analyses on organized crime, partially
and Angola had become transit states in the due to the fact that aside from Angola, it is the
international drug trade. only Lusophone country in the region but also
due to the difficulties in investigating that have
The newly detected “epic proportions of cross- been brought forward by many researchers.
border crime” (Ibid.) led to the formation Having said this, there have already been some
of the Southern African Police Chiefs studies on organized crime in Mozambique,
Cooperation Organisation (SARPCCO) in 1995 notably by Goredema (2013) and Gastrow
and a more concerted regional effort to curb (2002). It is, however, a specifically interesting
organized crime. It can be argued that TOC case to study not only due to its current fame
has played a key role in regional integration. linked to several debt scandals but also due to
An illicit common market in Southern Africa its geographical position as a regional transport
already existed whilst “…governments had hub and “janela do Indico”3. The geography of
been talking about creating a formal common Mozambique and the transport hub Maputo
market for years without progress.” (Global are crucial for its special position in the web
Initiative 2014: 14). of transnational organized crime networks.
Shaw asserts that Mozambique is a vital
The Republic of South Africa has traditionally transit point for all kinds of illegal goods in the
held the position of lynchpin for criminal region, due to two key flows that cross paths
activities in the region. All notable international in the South of the country (interview 2015):
criminal groups in the region operate from
South Africa (Interview Gastrow). When the 3 Window of the Indian Ocean (translation from
Apartheid ended, South Africa’s borders Portuguese)
10
Transnational Organized Crime in Southern Africa and Mozambique
firstly, the flow of poaching products that intensity politico-military crisis in the country.
come from the Great Limpopo Transfrontier Thousands have fled to Malawi or have been
Park that is shared with South Africa and are internally displaced (UNHCR). At the same
further transported to East Asia; secondly, the time, Mozambique has experienced high
drug routes from the Indian Ocean, including growth rates over many years and has been
heroin coming from India/Pakistan but also hailed for its incredible resource wealth and
Columbian Cocaine that are passing through courted by investors in the context of the
Mozambique on their way to the South “Africa rising” rhetoric. Historical analyses
African and the European market. Those two of (transnational) organized crime in other
flows, empowered by a strong demand in the regions have shown a strong link between
respective countries of destination, intersect the rise in transnational criminal activities
in southern Mozambique and make it a key in the context of emerging markets and
transit state for these goods. The country’s market expansion. The changing political
long coastline of nearly 2300 kilometers and and economic environment in the country
porous land and maritime borders facilitate creates an opportune moment to look at
this (e.g. Guardian 2014: Vilanculos). Drug organized crime and its impact on governance
trafficking and poaching are however not in general. It is interesting to see how “old”
only defined to the south of the country. The types of organized crime can continue and
northern borders with Tanzania as well as the be combined with “new” criminal activities;
coastline of the northern provinces of Cabo when Machava was assassinated in Maputo
Delgado and Nampula are also highly used as downtown, his assassins used an AK-47 as a
trafficking routes through which drugs enter lethal weapon, a Kalashnikov stemming from
Mozambique. Drugs can come directly from civil war times but which is still circulating en
Asia in larger ships or reach the country via masse in Mozambique. Even though it is less
other African countries by road in lorries or in associated with the current trafficking concern
human bodies. in the region that relates more to modern light
and small arms, this serves as an illustration for
Mozambique is currently undergoing moments the different layers of historically grown forms
of political uncertainty. The assassination of organized crime, their remnants and their
of the constitutional lawyer Gilles Cistac in long term impact on a country.
March 2015, of the journalist Paulo Machava
in August of the same year and of several In the Mozambican context, the emergence
opposition party members including Jeremias of organized crime can be categorized in
Pondeca in Fall 2016, shocked the general three phases (Goredema 2013: 145): 1) the
public inside and outside Mozambique. The internal conflict phase 2) the immediate post-
victims had been killed in drive-by shootings conflict phase and 3) the ongoing transition
in Maputo, making the cases suggestive of phase. During the civil war, both war parties
political assassinations (cf. FES 2015 and engaged in organized crime in order to be
Africa Confidential 2015). The military- able to meet the needs of wartime. For
political conflict between the former civil- example, smuggling and selling ivory, timber
war opponents remains unsolved. Clashes and other goods helped RENAMO to finance
between government forces and RENAMO its operations (Ibid.). It was during this time
have been reported in Tete, Manica, Zambézia that “the fabric of organized criminal activity
and other areas confirming the ongoing low- was really stitched” (Goredema 2013: 145).
11
Transnational Organized Crime in Southern Africa and Mozambique
Arms proliferation, which is still a serious issue Mozambique, corruption had been very little
in Mozambique where an estimated one to reported in Mozambique. After 1992, many
six million weapons are still circulating in the politicians became business men and were
country after the demilitarization efforts by the best positioned to become shareholders
the ONUMOZ (see E Berman 1996: 88), had of companies that turned into private or semi-
its origins in these years of general chaos in private entities. The state and the private
which criminality could thrive. After the civil sector effectively merged into one.
war, the ruling party FRELIMO was faced with
the challenge of consolidating its power. This It seems clear that many decades in power and
provided an opportunity for high-level officials access to resources by one party had left marks
but also the opposition to foster established on institutions, even on those founded after
links with organized crime, as well as forge 1994 during the democratic period. Long-time
new connections in order to advance their loyalties and friendships among combatants
political and economic interests. At the and veterans, kept alive by exchange of favors,
same time, the problem of the widespread naturally continue even in a different era such
availability of small arms still continued as the as the post-civil war times, and despite the
demobilization process was not brought to its fact that one might find himself on different
end. It was during these years that “various sides of the democratic balance of power
forms of primitive accumulation became such as the executive and the judiciary branch.
common and were typified by acts of fraud Sudden, formal separation of powers is
committed by the elite” (Ibid.). 40 years of de arguably not enough to dismantle these long-
facto one-party rule have naturally created a lasting connections which are a lot deeper
web of relations between people in different rooted than structures adopted due to newly
powerful positions, inextricably linking the emerging international standards and norm
political, economic and juridical spheres during the “wind of change” of the early 90s.
through personal connections whose links with
organized crime go back to the independence Forms of transnational organized
struggle and the bloody civil war between crime and their impact on
1977 and 1992 (cf. Goredema 2013).
development and democratization
The choice to abandon Marxism-Leninism in
the late 80s/early 90s was a strategic move The list of illicit activities reported in local and
that allowed Mozambique to position itself national media in many of the SADC countries
as a post-conflict country that was eligible is long and diverse: from illegal logging and
for international donor money. Just like many fishing to human trafficking, kidnappings
other countries in the region, Mozambique for ransom, disappearance and mutilations
subscribed itself to democratic values and of albino citizens and the trafficking of their
holding regular elections in order to acquire organs and limbs for medicinal purposes,
legitimacy in the new post-Cold War world wildlife crimes, and drug trafficking. Each type
order. The phase of privatization during the can arguably have a very different impact on
1990s and the UN mission that brought human security, development and the process
millions into the country was an opportune of democratization. The following section will
moment for corruption to flourish. Interestingly have a look at a couple of them.
enough, before the arrival of UN troops in
12
Transnational Organized Crime in Southern Africa and Mozambique
13
Transnational Organized Crime in Southern Africa and Mozambique
agriculture and depending on good soils and human casualties is on the rise. The Chissano
agricultural production. Foundation estimates that between 2007
and 2014, nearly 500 alleged Mozambicans
Wildlife crimes and trafficking of poachers were killed by South African park
related goods authorities. This number is being denied by the
South African side, but no alternative figures
have been released (Joubert June 2015). The
Southern Africa is the world’s largest reserve Financial Times (2 October 2015) cites a lower
of elephants and rhinoceroses. 21.000 of number than 220 killed in seven years. The
the world’s remaining 28.500 rhinoceroses risk attached to poaching is high, but so is
live in the Southern African Savanna (Grill the profit. According to Grill, one kilo of rhino
2015). Millions of dollars flow into the tourism horn goes for up to 80,000 USD (Grill 2015)
industry every year in these regions. However, on the black market, indicating that rhino
poaching has dramatically diminished the horns may currently be more valuable that
wildlife populations: in 2014, around 1,215 gold or heroin. This has led to serious rivalries
rhinos were shot dead by poachers in South between poachers in the area, sometimes
Africa alone and their horns sawed off for even among group members. Killings of
profit (Ibid.). All rhinos in Limpopo National fellow poachers (for example through
Park were declared extinct in 2015. The poisoning) in order to split the profit among
Mozambican elephant population declined less people have been reported by residents.
significantly by 48 per cent between 2009 and Although more thoroughly recorded in the
2014 from about 20,000 to 10,300 (Club of southern parks, poaching is also common in
Mozambique). Whilst Mozambique is mainly the northern regions of the country, such as
a transit point for rhino horns hunted in its the Niassa Reserve.
neighboring countries, ivory poaching is very
common also inside its own territory. A recent article on poaching in Tanzania,
where the problem is quite similar, states
South African security personnel adopted that poaching constituted “just one more
a very tough stance against poachers in the among many similar conflicts: armed pillage
Transfrontier Parks. Allegedly, the majority of an African natural resource” (Süddeutsche
of poachers come from the Mozambican Zeitung 2015). However, it seems to be a lot
side of the usually poor border regions. In more complex than that. It is striking that
the Limpopo Park it is estimated that eighty despite the tough stance of South African
percent of the poachers are of Mozambican security forces and high human losses, the hunt
origin. Anti-Poaching Units have been formed for and trading of wildlife material continues.
and are sometimes supported by police and This can partially be explained by the fact that
military troops. Drones are being used to these illegal hunts represent a key source of
scan the Limpopo Park, a vast trans-border revenue for the regions involved, generally
park linking South Africa with Gaza Province peripheral areas with high poverty levels and
in Mozambique where approximately 15 very little other income opportunities. Illegal
poaching teams go for hunts every day (Grill hunting is profitable due to the large profit
2015). The results of this “war” have been margin. The high market price per kilo and
unsatisfying, to say the least: as wildlife potential financial benefits from poaching
numbers continue to decline, the number of stands in stark contrast to the official penalties
14
Transnational Organized Crime in Southern Africa and Mozambique
which are not aligned with the value of the knowledge to the inhabitants of the northern
commodity. In many cases, poachers get away city of Pemba that the luxury mansion of a
with just a fine (WWF 2012: 13). However, former police commander of Cabo Delgado
this argument does not take into account the was built with poaching money.
alleged executions increasingly perpetrated by
park guards when encountering poachers. High-level involvement and protection by
the political elite of poaching syndicates is
The high prices are directly linked to the not least evidenced by the fact that the most
growing market for horns in South Asia significant seizures of rhino horn in 2015, with
where the middle class is expanding and a value of 700.000 USD, in Maputo, stored in
demand for status symbols, such as ivory or a government facility, rapidly went missing
rhino horn, is increasing (cf. WWF 2012). (Guardian Rhino Horn 2015). This indicates that
The largest market for rhino horn is Vietnam. even a basic function of guarding and preserving
It has been suspected that employees of evidence – much more straight-forward than
the telecommunications company Movitel complex investigations or politically sensitive
(Mozambique Vietnam Telecommunications), arrests – is relatively easily compromised. The
the dominant telecommunications provider in disappearance of seized contraband can be
rural Mozambique, have been involved in the seen as a good “proxy indicator” for serious
smuggling of rhino horns towards key ports in state involvement or connections to organized
Mozambique and Asia (Spiegel 2015). Similar crime, according to Shaw (Interview 2015).
allegations have been made against officials of Increasingly, notifications of ongoing criminal
the Chinese Embassy in Tanzania concerning activities inside the country are being reported
ivory trade (Süddeutsche Zeitung 2015). from abroad. For example, customs officials
at Hong Kong airport intercepted a parcel
Poaching groups in the region are quite well- containing “wood samples” on July 27, 2015,
established networks and can be divided into coming from Pemba via Johannesburg (Club
five levels: the Poacher(s), the Local courier, of Mozambique). The parcel was full with
the National facilitator, the National exporter rhino horns and related products. After being
and the Receiver in consumer country (WWF notified, the response of the Mozambican
2012: 21). It can be noted that current policies customs authority (Autoridade Tributária) was
do not address the exporter and the receiver to reshuffle its staff to more remote regions.
in the consumer country at all. It is evident as There were no prosecutions.
well that in terms of persecution the lowest
level is aimed at. Hence, even though poaching The extension of rural infrastructure often
in Mozambique and the border region with goes hand in hand with an increase in wildlife
South Africa is taking place at an “industrial crime. Infrastructure is a key development tool
scale” (The Star 2015), merely lower links in but it also facilitates illegal activities and can
the chain of the criminal syndicates are being exacerbate the adverse effects on populations
arrested and charged. It is very uncommon living in these regions, thereby hampering
that high level lynchpins are arrested. sustainable development. One example is the
“Notorious poaching kingpins” Antonio building of the Unity Bridge at the Negomane
Bernardo and Paolo Nyenje mysteriously border in Cabo Delgado, linking Tanzania
escaped from Mozambican confinement in and Mozambique. This Chinese project built
2014 (Conservation Action). It is also common in 2009 and opened a year later caused the
15
Transnational Organized Crime in Southern Africa and Mozambique
exploitation of forest and wildlife resources of same moment when the expanding markets
the Niassa reserve to skyrocket (AC 7/6/2013). in Asia “began to exert a powerful pull on
Poaching in the reserve has increased again natural resources in Southern Africa” that the
since the opening of the bridge whilst the Mozambican state started to assume the role
wildlife population had remained stable over of a “facilitator” of drugs on transit to the
the previous ten years. The trafficking of rhino South African and European markets. These
horn and the poaching for ivory take place two streams geographically coming together
in the same geographical areas as logging in Mozambique vaulted the country into the
activities, but also in the same areas in which ranks of key states of criminal interest, far
mining projects are developed, which are beyond the Southern African region.
mainly run by foreign companies. Ivory and
rhino horn have in several cases been found in Due to this strategic position, its long and
containers or transporters of timber directed to porous borders discovered by drug traffickers
China suggesting that the same organizational a long time ago and longstanding connections
structures and transport routes are used for between the drug trade and the Mozambican
different commodities. It is interesting to political elite that provides for some of their
note the “…complex and often contradictory protection, Mozambique has turned into “the
relations (…) between communities and second most active drug transit point in Africa”,
organised crime actors” (SAIIA 2007: 4). behind Guinea-Bissau (Wikileaks, found in
Community attitudes are very much influenced Goredema 2013: 147). The importance of
by the extent to which the respective crime Mozambique as a transit state for drugs from
or criminal activity has a directly perceptible as far as Latin America and Asia but also from
negative effect on their actual lives (Ibid: 27). its continental neighbors is notorious.
Poaching or other wildlife crimes whose direct
benefit is higher than the perceived long term Already since the mid-1990s Mozambique has
consequences might cause very different been known as a drug trafficking corridor (cf.
community responses when compared, for Fauvet, wikileaks). Drugs reach the country
example, to human trafficking, which will not through two key maritime routes: Latin
be easily tolerated. America and Asia. Cocaine reaches the East
African shores from Latin America, during
Drug trafficking recent years including from Colombia. The
urban district near the central military base
Drug trafficking has become the greatest in Maputo, where a part of these drugs are
organized crime concern in Southern Africa sold for local consumption, is known as
in the last five years (cf. Shaw 2015), which “Colombia”. Military and police officers and
is why it should be mentioned here as well. their wives function as dealers. A second
At the same time, domestic consumption of route links Asia (such as Pakistan and Dubai)
“hard drugs” (including heroin and cocaine) to Mozambique in the smuggling of Heroine
seems to have escalated in the last ten years and Mandrax. However, as mentioned before,
in the region (ISS 2010: 23). Shaw states that it is not just the maritime routes that are used
it was the heroin economy which had been for smuggling. Drugs are also transported by
established already during the 1980s, that laid land from the vulnerable northern border with
the foundations of high-level state corruption Tanzania, hidden in trucks filled with other
in Mozambique (2015: 19). It was at the merchandise. Concerning the maritime routes,
16
Transnational Organized Crime in Southern Africa and Mozambique
drugs usually arrive in big vessels and are Mozambique function like “…well organized
hidden in other goods that are being imported companies. They involve importers, exporters,
with a shipment. They are transferred to informers and couriers and are probably
smaller fisher boast before reaching the coast, better organized than the structures of the
and are then transported to the surrounding State” (wikileaks). Mozambique has yet to
islands and coastal towns where there are convict any major drug trafficker in its courts.
usually no customs officials or coast guards. Until today, and despite significant seizures of
From there, they are being transported to the drugs and increasing indications that certain
provincial capitals and further south by trucks, prominent business and political figures have
again hidden among other merchandise. The been involved in drug trafficking, convictions
main land route for drugs from Tanzania is the have involved mainly small-scale peddlers.
fragile border post of Negomane. Both the The case of Mohamed Bachir Suleman, a
border posts with Tanzania as well as the key well-known Mozambican business tycoon,
transport hub of the port of Pemba do not remains a particular concern. Qualified as
have any scanners or other equipment in order “drug kingpin” by the US government in
to facilitate the detection of illegal freights. 2010, his businesses boycotted and his family
shunned by the US government, Suleman’s
In 2001, Joe Hanlon had already written that Shopping Mall “Maputo Shopping” that is
“the value of illegal drugs passing through frequented by all well-situated Mozambicans
Mozambique is probably more than all in downtown Maputo is still flourishing. In the
legal foreign trade combined, according to absence of prosecutions of any drug kingpin,
international experts”4. During this time it was involvement of government officials/politicians
estimated that over one ton of cocaine and in drug trafficking remains (formally) a matter
heroin were passing through Mozambique of speculation as no names are forced to
per month, with an estimated retail value of be revealed. Concerning state involvement,
over 50 million USD, even though most of the the Guardian (2014) remains cautious, only
money stayed outside Mozambique, as it was mentioning that “figures” in the government
and is mainly a transit point. However, the take may be involved (in particular concerning
for local drug dealers has steeply increased heroin, less concerning cocaine).
since 2001, as it has in other countries. Today,
Zanzibar for example has one of the highest Drug trafficking has a complex impact on
per capita rates of heroin use in the world society. For one, it has a direct impact on
(Shaw 2015: 175). communities as drug abuse becomes a huge
issue for the middle and upper class, destroying
Again, official data on drug seizures and social fabrics and lives. Furthermore, the drug
estimates of the amount of illicit drugs trafficking business is highly lucrative and
trafficked through Mozambique are difficult therefore tightly controlled. Drug trafficking
to obtain. Most drug trafficking-related news in Mozambique is suggestive of high level
is reported in the local news. According to involvement. This means that the big money
the former Attorney-General Paulino, the usually stays with few, whilst the lower ranks
various drug trafficking networks linked with in the chain are the biggest risk bearers that
end up in jail if a mission goes wrong. This
4 This was before the MOZAL aluminium smelter,
the mainstay of Mozambican exports, had reached concoction causes strong disillusion with the
full production: 28 June 2001 in Journal “metical”, government.
found in Fauvet/AIM
17
Transnational Organized Crime in Southern Africa and Mozambique
18
Transnational Organized Crime in Southern Africa and Mozambique
profits” (AC 20/7/2015). As early as in 2013, Mozambican sovereign debt rating has already
the deal had already “raised eyebrows” (cf. AC been downgraded to “junk” in July 2016.
2013). Firstly, it was uncommon that such a
large loan was given. Given that Mozambique It is now important to figure out exactly how
already has an enormous public debt, such these bad deals could have been made. An
an “extraordinary financial arrangement” to independent audit that the FMI had insisted
sustain a tuna company without promising in order to clear up where the loans of over
yields is rather unusual (AC 23/10/2013). 2 billion USD is currently being undertaken
The Economist (2013) comments that in the by the private investigation company Kroll.
context of a low income country such as However, what is already public knowledge
Mozambique, money for this kind of venture from the genesis of these loans is in itself very
should not be made available in the first place: insightful. Institutional checks and balances do
“When such countries borrow in private not seem to be working. EMATUM was pushed
markets, it is usually to fund projects, such as through and signed “without it going through
toll roads, airports or power stations, which the proper channels in his Ministry or being
might have broad enough benefits to justify debated in Parliament” (AC 10/7/2015). The
the expense. But EMATUM is a tuna-fishing parliament, which has a FRELIMO majority, had
venture that came into being just a few weeks to quickly pass a new law raising the limit for
before the $850m was raised in its name.” a state guarantee from 6 million USD to 500
million USD in order for the deal to take place.
There are no serious prospects of repaying even The original documents which were obtained
a bit of the debt by EMATUM. The loan was by “A Verdade” confirm the signature of the
supposed to be repaid in seven years and at the then-Finance Minister Manuel Chang on the
high interest rate of LIBOR (London Inter-Bank documents. It is likely that he will take the fall.
Offered Rate) plus 6.5%. The restructuring However, according to AC reports, the deal
of the debt now has to be discussed with was brokered outside any official channels by
the lenders. Mozambique’s declaration of its the family of the former president Guebuza,
inability to pay brought many analysists to fear using their personal connections with the
that it may only be the first straw of another owner of the shipyard in France from which
debt crisis in the region. The region’s debt- the vessels were purchased. Zitamar revealed
GDP-ratio has been on the rise again with debt that a senior banker for Credit Suisse left the
steeply increasing after investors started to hail bank shortly after the deal in order to start
the “Africa rises” paradigm and invest heavily working with the same owner of the shipyard,
into many post-crisis economies since 2007. a French-Lebanese businessman and key
An “African borrowing binge” (Economist profiteer from these loans (Zitamar: 11 May
2014) is at full speed, detached from the reality 2016). The responsibility of the involved banks
of unsustainable growth and debt fueled by as lenders in this should not be ignored, both
the belief that resource discoveries “have on an institutional and individual level. Lending
freed the government from fiscal restraint” large amounts without double checking the
(AC 14/11/2013). In some countries debt is viability of the business proposal is highly
now regaining levels as high as 70% of GDP. irresponsible and can mean the economic
Mozambique will be hitting the 100% mark in demise of an entire country.
2017 according to the rating agency Fitch. The
19
Transnational Organized Crime in Southern Africa and Mozambique
Vines commented in early 2015 that as well as local elites will be able to profit from.
“EMATUM is a warning for Mozambique”, In the meantime, Mozambique remains one of
saying that more transparent and accountable the poorest countries in the world with half
processes are urgently needed, especially of its population below the poverty line. With
concerning the contract-awarding in the the discovery of the hidden debt, the ongoing
Mozambican LNG sector. At that moment, the political crisis as well as the drought that
sheer dimension of the debt scandal was not wreaks havoc, Mozambique is increasingly
even clear. The consequences of this type of losing its status as model country, a reality
crime for development and democratization check that the international community has
cannot be overestimated. The IMF has frozen been avoiding for too long.
their emergency budget facility and most
donors have suspended their budget support Complex networks of
following this decision. Economic growth is in
a huge slump; the government embroiled in
organized crimes and the
a deep political, financial and economic crisis. need for new tools
Any surplus from the gas exploration starting
in 2020 will most likely be eaten up by debts. The state and organized crime
The government’s need to save will mean
years of even less money for key development
sectors, such as health, education and social The examples have illustrated that instead
welfare, with enormous consequences for the of organized crime flourishing due to weak
population. The potential income from natural institutions, the state actually, in most cases,
gas exploration that spurred the prognosis plays a rather active role in tolerating or
of two-digit growth rates for Mozambique facilitating criminal activities in the region. The
from 2020 onwards will not become a reality collusion between the state and organized
due to the heavy debt burden and its effects crime are however very complex, diverse and
on the economy. Infrastructure projects that can take different degrees of intensity.
could actually serve the communities will
not receive the necessary funding: it was There are different ways to conceptualize
already announced that Maputo will not the various forms of collusion between the
have the planned bus rapid transit system, state and organized crime in Africa. One way
essential to facilitate commuting, because of conceptualizing is Mark Shaw’s model
it is not possible to guarantee the loan of “protection markets” and “protection
anymore (Hanlon: October 2016). The latest economies”. The model allows the complexity
Afrobarometer survey (November 2016) of actors who are involved in organized crime
mirrors public disillusion very clearly: only 1 in Africa and their multilayered interrelations
out of 10 Mozambicans interviewed preferred to be taken into account.
democracy over authoritarian regimes. Of all
36 countries in the region that were sampled, The concept of protection economy is trying
Mozambique showed the least commitment to capture the various and diverse interactions
to a democratic form of government. between criminals, business people, citizens
Mozambique’s “Resource Bonanza” has and the state around illicit activities. As a
already tied the country to an international web clear-cut distinction between the state/law
of actors that both international corporations enforcement and criminal groups does not fit
20
Transnational Organized Crime in Southern Africa and Mozambique
with the realities of the regional context, this It is interesting to note that this symbiosis
concept is offering an alternative, allowing between the state and organized crime
for an analysis of the complex relations and which Shaw and other authors (using other
interactions between actors in a context concepts8) describe does not necessarily
where state capacity is compromised and state imply the destruction of the state. Instead of
actors are involved in the complex web of destroying the state, the presence of protection
TOC. According to Shaw, the system operates economies and, by extension, organized crime,
through three different elements: legitimacy, rather leads to “successful failed states” (p.
violence and corruption. The first manifests 23): although state functions may be seriously
itself in investments in communities and local compromised, the state can still manage to
support groups. For example, criminal actors keep its image as an intact structure to the
can finance local infrastructures, provide outside world intact. By nature, organized
jobs and therefore ensure the protection of crime flows are transnational, but much of
their business through legitimacy. Corruption the control over them is local. Therefore, huge
implies that a group can ensure the safe benefits can be reaped by local actors, such
passage of goods through paying off key as the state. The image of a functioning state
officials. Lastly, violence (or the threat thereof) is hardly threatened when formal legislations
is another measure taken. Protection can be and institutions are being passed and founded
provided by militias, security sector employees to fight TOC and corruption. Behind their
and sometimes by state officials, effectively smokescreen however, these institutions
turning security into a privatized service. might be toothless. In the context of financial
Each of these three elements has a certain globalization, the state plays a key role in
spectrum: for example, legitimacy can be regulating and channeling illicit financial flows
acquired through employing young men in a to foreign jurisdictions. As Ellis and Shaw
lucrative criminal activity that provides them put it, “…the state remains influential even
with an income. However, financing a political in countries where the influence of criminal
party in power through donations is also a way groups is evident and where the state itself
to ensure one’s own legitimacy. In the second may be weak institutionally, or have limited
case, it is obvious that though transaction control over its territory” (p. 19).
costs are significantly higher, criminals also
have more leverage over state institutions. In A second analytical tool could be to have a closer
this case, “state capture” is more pronounced. look at the hierarchy in corrupt structures. This
Across Africa, markets for protection (where is of course quite difficult to investigate. This
the state does not ensure it) and protection would include checking how organized crime
economies exist. They vary and can be is protected and activities are facilitated at the
classified along a spectrum ranging from full administrative level. In practice, this would
state involvement (example Guinea-Bissau), mean to see from which position the phone
the state as gatekeeper or intermediator (such calls come instructing border officials to make
as Kenya), situations where certain elements themselves scarce when a certain truck passes
of state are providing protection (Mali), to the border at a certain hour. This analysis is
situations where there is strong localized
control and the state itself plays a limited role 8 E.g. Bayart, Ellis and Hibou talk about the phenom-
enon of the “criminalized state” in “The Criminal-
(Libya). ization of the State in Africa” by Bayart, Ellis and
Hibou, 2009.
21
Transnational Organized Crime in Southern Africa and Mozambique
useful when comparing countries among each Guinea-Bissau, military officers provided the
other. Kenya has been studied extensively in protection for political high officials. “[T]his
terms of organized crime (cf. Gastrow 2011). was never a static set of relationships: it was a
The debate on TOC and security there goes network of protection that evolved over time,
a lot further back than the ongoing terrorism depending on need and the unfolding politics
debate and increasing corruption. According of Bissau” (p. 3). When military wanted to
to Gastrow, whilst Kenya is not a criminalized move from protection service to calling the
state per se, “…its foundations are under shots, the system started to crumble. In the
attack” (2011: 1). State institutions risk case of Guinea-Bissau, criminal activities can
losing public trust as corruption has become quite clearly be pinned to certain high level
rampant. However, despite its “exceptionally officials and is certainly more institutionalized
high levels of corruption” and the presence of than in Mozambique.
many organized crime syndicates, Kenya has
not (yet) reached the stage where its political Looking at the different forms of TOC that
and government institutions are “routinely” were presented in 2.3, three cases can
engaged in criminal activities and practices arguably be distinguished when explaining the
(Ibid.). Corruption, misuse of public funds interactions between organized crime and the
and links to organized crime are rampant, but state in Mozambique: the case of flourishing
they seem to be rather the result of omissions organized crime in a state absence, the case
than of acts of direct commission by the of the state as “facilitator” or “gatekeeper”
state. Looking at this account, a difference for criminal activities, and the case where state
with Mozambique can be spotted. In Kenya, elements themselves turn into the criminal
the biggest threat to governance may be actor. In the first case, state structures are
the influence on parliamentary decisions by almost completely absent in the area where
criminal syndicates (large-scale professional organized crime syndicates operate. This case
drug traders present distinct bloc in national is exemplified by the poaching activities in the
parliament, cf. Ellis and Shaw 2015: 18). In the Limpopo region, a region peripheral both in
EMATUM case, however, the parliament was terms of its geographic location and compared
not even consulted and processes were fast- to the economic and political centers of
tracked, completely omitting this legitimate influence in the country. Bartholomäus Grill, a
body in Mozambique. Guinea-Bissau is another known German journalist with longtime Africa
example that could be used for comparison. experience was kidnapped by rhino poachers
It has been the drug trafficking hub in West near the area of Massingir (Great Limpopo
Africa for the last years, labeled “narco-state”. Transfrontier Park) in 2015 while investigating
Leading military figures have controlled the poaching. In his account of events published
trade of drugs for the last decade (Shaw and in Spiegel Online he describes the region as
Reitano 2013: 2) and turned Guinea-Bissau a space where state structures are completely
into the key transit state in Africa. Guinea- absent and hunting groups have taken over
Bissau is a clear case of full and high level state the vacuum left by the government. The area
involvement. The broader population, on the at the border with South Africa is marked
other hand, has been little involved in this. by settlements without electricity, high
Also the profits from trafficking have largely poverty levels and absence of health care.
been received by that same small group and Unemployment of young men is rampant.
their immediate supporters. In the case of Ten to 15 hunting teams, each made up of
22
Transnational Organized Crime in Southern Africa and Mozambique
three men, are operating in the area under higher the protection. This is arguably the most
the lead of a kingpin sought in South Africa common structure in Mozambique exemplified
for multiple murders called “Navara”. Grill by the structures in drug trafficking but also
describes the communities in this region as cigarette smuggling and others.
completely loyal to this kingpin, as he provides
them with income and jobs. The journalist It can be argued that a third case depicts the
and his cameraman were being accused of state itself as a criminal structure. The primary
entering the area without permission and example would be economic crime, such as
threatened with rape, jail and murder. In the illegal tender business and contract awarding.
unfolding of events they were also presented This arguably takes place in the “core
to the local police officer. According to Grill’s regions” of the country, both in geographical
account the police man was merely taking and economic terms: mainly in Maputo, the
notes whilst Navara was dictating their alleged financial capital, and in the context of the rising
trespasses, clearly intimidated by the criminal. LNG business increasingly the northern parts of
This illustrates the absence of official authority the country. The illegal and secret acquisition
and the rule of law in this remote part of the of debt and financial mismanagement around
country. Other actors, in this case criminal, EMATUM, ProIndicus and MAM, cost the state
are able to create a microcosm of rules of budget and by extension the Mozambican
their own in this geographical and economic citizens billions of dollars.
periphery of the country where state officials,
exemplified by the police officer, are vested Mozambique exemplifies that the state can
with little power and turn into implementing become a proactive actor in organized crime
agents of these alternative structures. supply chains. It is not necessarily the state’s
Inhabitants of the area might not consider weakness or absence that makes organized
poaching or the behavior of poaching gangs a crime flourish. In many cases, the installation
crime as these activities are one of the very few of organized crime does not come exclusively
ways to provide jobs and income in this area from outside-groups – even though it may have
which increases the acceptance among local been triggered initially by growing demand
population. The example can be extended to followed by the establishment of contact by
the border region with Tanzania in the North criminal group with the state, as for example
around for example Negomane border post in the case of drug trafficking.
in the Niassa where entire villages live from
illegal wood logging and the donations by The level of intrusion of transnational organized
logging kingpins. crime into state institutions or rather the
involvement of state actors in TOC can vary a
In the second case, the state facilitates criminal lot by commodity. In Mozambique, for some
activities either through supportive actions commodities, a “top-down” approach can be
or strategic omission. For example, criminal observed, in particular for extremely valuable
agents get their freight across borders and freight such as ivory, heroin or precious woods.
through the country through contacts with By contracts, the trafficking of commodities
state officials at different hierarchical levels. considered less valuable is usually less controlled
The higher up on the hierarchical scale of the from the top. For example, in the case of the
respective institution your contact may be, smuggling of cigarettes or alcohol, which is,
the more expensive the “service” but also the for example, common between the borders
23
Transnational Organized Crime in Southern Africa and Mozambique
with Swaziland and South Africa, local border the Neustadt International Price in 2014. The
officials normally have some leverage to extort striking thing was that after this revelation,
some money for themselves which they then instead of dying down the threats, he received
may share with their colleagues and superiors even more with greater intensity, suggesting
(cf. “blue bag” system). On the other hand, that the involved groups have reason to feel
if ivory or rhino horns are transported out of very safe and signaling higher level protection.
the country, for example hidden in a load of
wood logs, border officials will rather receive Whatever form of TOC, organized crime
previous notice from their superior (who may destroys state legitimacy as it undermines its
have received a phone call from further up) to service delivery. This can lead to disenfranchised
make themselves scarce during a certain time citizenship (see for example Global Initiative
of the day or night from the post. Gastrow 2015: 46). As Gastrow states, departments
already states in 2002 concerning drug and institutions colluding with organized
trafficking through Mozambique that “[t]he crime “set out on the slippery slope that leads
criminal groups involved in drug trafficking to ineffectiveness and the loss of public trust
(…) rely on the ‘purchase of impunity’ through in state institutions. Not only does it [state
bribery and corruption in order to operate collusion] lead to the criminalization of state
without too much state interference. They departments, but public service delivery slows
cultivate connections at the highest levels of down, effecting the health, education, and
the state hierarchy or of the ruling party and development of the population as a whole.
seek their protection in exchange for money. Ordinary citizens will increasingly identify
Buying impunity might also require the bribing democratic government with impunity for
of customs officers to facilitate the importation criminal elements in the elites and an inability
and exportation of drugs, of immigration to deliver justice and development for the
officers to buy DIREs (identification cards of majority” (2011: 8). The latest Afrobarometer
foreign citizens) to facilitate the movement survey speaks volumes on what Mozambicans
of their foreign collaborators, and of police currently think of democracy. Transnational
members to ensure that they do not take steps Organized Crime undercuts the legitimacy of
when receiving reports of illegal activities or in political leaders in a context where resource
order to get them to act supportively” (2002: distribution is already highly unequal and public
18). service provision falters, whilst private wealth
accumulation is increasing. Growing inequality
It is daunting that also concerning other in Mozambique was again confirmed by the
crimes, such as extortion and kidnapping, household consumption survey published
protection seems to be strong and reaching in December 2015 by the National Statistics
beyond low-level police involvement in the Institute (INE).
kidnappings or the procurement of weapons.
The internationally acclaimed Mozambican Effects of organized crime on governance
writer Mia Couto went public with threats and development are at times difficult to
that were made against him and his family (see detect straight away, but they accumulate and
e.g. Publico Portugal) when he talked about eventually have a delayed impact. Gastrow,
phone calls threatening his life and that of his with reference to the Kenyan case, uses the
family members in his acceptance speech of metaphor of “slow biological warfare or
24
Transnational Organized Crime in Southern Africa and Mozambique
radiation” (p. 8) to describe the impact on the Tackling crimes such as motor vehicle theft,
state and its institutions by organized crime. economic and commercial crimes, drugs,
This makes it difficult to say how much the wildlife crime and trafficking of human beings
damage is at a certain point in time as in are some of its key priorities.
many cases the appearance of functioning
institutions is upheld before contamination According to several sources, SARPCCO has
has progressed so far that their complete shown no evidence of ongoing activities
inability of enforcement becomes visible. This over the last years. During the 1990s, some
is a suitable image also for Mozambique. operations have been jointly implemented.
“Outwardly, Mozambique retains all the However, since 2000, there has been very little
attributes of a state, but inwardly corruption activity. According to Moat, a potential future
has taken a significant toll on state institutions” for SARPCCO would be to refocus its efforts
(Goredema cited by Shaw 2015: 20). on bilateral agreements for specific issues,
such as, for example, the Operation RACHEL
Regional approaches to fighting between South African and Mozambican
organized crime and their security forces around the issue of arms
smuggling during the 1990s.
weaknesses
The trend of rising organized crime is a
Looking at past and ongoing regional efforts testimony to the challenges linked to the
to curb organized crime, the outcome has so security sector in the region. Even in South
far been rather mixed. Even though tackling Africa, where a lot of work has been done
organized crime has been recognized as a in the post-apartheid era to create effective
serious regional challenge for decades and security institutions under civilian authority
is high on the agenda of the SADC Organ and protection from political interference and
for Politics, Defense and Security, effective abuse, the situation seems to be reversed
measures have not yet been implemented (cf. today, as even the part of police responsible
ISS 2010). for the collection of crime intelligence has
been “politically compromised” (Steinberg,
Legislation itself is not lacking. In 2004, the 2014 in Shaw 2015: 21). The loss of police
SADC Protocol on the Control of Firearms, independence and the “politization of
Ammunition and Other Related Materials security” are becoming increasingly evident all
came into force. It was the first African over Southern Africa (Shaw 2015: 21).
regional small arms agreement that became
legally binding (internet SADCPOL). In 1995, The approach to fighting organized crime
a regional pool of police officers was created, in the region has been increasingly criticized
the SADCPOL. SADCPOL also coordinates by experts, not because of its intentions but
with SARPCCO, the Southern African Regional because they see structural problems in the
Police Chiefs Co-operation Organisation, current modus operandi. As Shaw notes,
which is the primary force in Southern Africa the complicity between criminals and the
for the prevention and fighting of cross-border state in the African context has created a
crime. The organizations are supported by the situation where criminals are often “beyond
Sub-Regional Bureau of Interpol in Harare. the reach of national law enforcement”
25
Transnational Organized Crime in Southern Africa and Mozambique
(2015: 2). This has policy implications. A key a context of conflict where state structures are
limitation at the moment is a strict separation weak is not heading for success.
between the state and crime in crime-solving
approaches. Furthermore, the interpretation Responses adopted by the Mozambican
of “crime” by police forces all over the region government generally fit the regional approach.
as an unavoidable evil and the role of law There has been some (partially successful)
enforcement, on the other hand, to punish, is bilateral cooperation between South Africa
questionable. The complexity of the underlying and Mozambique concerning the smuggling
social forces and the role of lack of social and of small and light weapons. Approximately
economic development are not seen as part 60 successful ad hoc ground level joint
of the problem. Human Rights Law is not operations have taken place so far (Interview
included in the training of police forces (with Alusala). The most famous of them, Operation
the notable exception of South Africa). Adding RACHEL, was initiated after the end of the
to this perception of crime being a social ill that civil war during a period where a Mozambican
the police needs to “fix”, the very hierarchical AK-47 could be bought at every corner in
structure of police forces, mostly inherited Soweto. Indeed, these common operations
from colonial era, is a clear mismatch when have generally been more motivated by South
trying to tackle organized crime syndicates African security concerns about weapons
which are highly flexible in their activities as flowing uncontrolled into the country from
well as composition. Static, hierarchical police Mozambique. These bilateral initiatives are
forces are always one or more steps behind supposed to be extended to more RENAMO
the criminal whilst transnational organized strongholds, but there are still bottlenecks in
crime is constantly moving and adapting to the implementation of the political agreement
the circumstances and markets. around disarmament between RENAMO and
FRELIMO. Bilateral interventions are quite
In the 2010 ISS study it was already suggested typical for post-conflict scenarios, especially
by Hübschle that “[a]pproaches to policing in a context where demilitarization has not
organized crimes should be reviewed. A fully taken place (Weinstein 2002). It should
market-based approach, which seeks to be noted that in other areas, such as human
understand the nature of criminal markets trafficking, communication between the
and targets both the demand and supply sides security officials of the respective neighboring
of the crimes, would appear to be the more countries remains very limited.
enlightened option for combating organised
crime.” (p. 97). Much of this analysis, of Mozambique has a legal framework on
course, does not only hold for the African corruption. The respective law was passed
context. Many “hard liner” policies trying in 2004 and an institution to enforce it was
to curb TOC have also been ineffective and founded: the Central Office to Combat
backfired elsewhere. A prime example would Corruption (GCCC). This institution is
be the US “war on drugs” which was started integrated into the Attorney General’s Office
in the 1990s and so far has arguably only made and is charged with tackling grand corruption.
things worse. The Global Initiative study on So far, though, it has not yet filed charges
Mali (2015) provides a nuanced and brilliant against high officials, but has instead mainly
example for the assertion that topping up the focused on petty corruption and lower level
security sector and counter-terrorism forces in officials.
26
Transnational Organized Crime in Southern Africa and Mozambique
The foundation of the GCCC in 2005, which limits itself to mentioning the number of
was the result of an upgrade of the anti- corruption cases lodged in 2014, but shows
corruption unit (ACU), which had come into no concrete measures to control corruption
existence in 2003, was considered a milestone in its various manifestations. The fight against
in combating organized crime in Mozambique. corruption at the highest level remains
However, it has been difficult for the institution excluded from the priority list of the governing
to live up to its expectations. The CIP (Centro bodies of justice.
de Integridade Pública) is criticizing the lack of
initiative in the GCCC’s work as well as the The CIP further notes that the Attorney
new Attorney General Buchili, who replaced General’s Anti-Corruption Strategy ended in
the former and more active Augusto Paulino. 2011, and that the Estratégia de Reforma e
Persecutions of members of criminal gangs Desenvolvimento da Administração Pública
in Mozambique have continued to focus on (ERDAP) was established a year later to replace
the lowest in the “food chain”, truck drivers it. However, until this day there is still no
or local couriers. However, in June 2015, information about its implementation. This
hopes were raised when a former CEO of the means de facto that since 2011 no effective
company Aguas da Região de Maputo, and measures to combat corruption in public
a further seven civil servants were arrested administration have been in place (CIP 2015: 2).
(Mosse Facebook June 2015). Charges
included mismanagement of public funds. A positive development is the long-discussed
After having been imprisoned for only two and planned reform of the PIC (Polícia
weeks, they were however released on the de Investigação Criminal), the Criminal
basis of the weaknesses of substance in the Investigation Police. The current PIC needs
charges pressed by the Attorney General. A to answer to both Buchili’s office and the
challenge for the GCCC is that it can initiate Interior Ministry, “where insiders believe many
a case, but cannot proclaim an accusation, of the ‘fixes’ that interfere with justice are
which is the responsibility of the Attorney made” (AC 56/10). Its ties with both of these
General. This limits the GCCC’s leverage. institutions are compromising its integrity and
Other anti-corruption trials are currently independence. It has been discussed (by e.g.
ongoing, for example against officials of the the Mozambican Bar Association – Ordem dos
Ministry of Education. However, these are still Advogados) that it would be key to separate
isolated events. the PIC from the Ministry and hence from
political influence. A proposal was made by
The new Attorney General has come under the Council of Ministers and handed to the
strong criticism by civil society. In the entire Parliament at the beginning of November 2015
Informe presented to the parliament in 2015 to replace the PIC by a new institution with
there was no mention of any means to control administrative autonomy and of paramilitary
corruption. Tackling grand corruption, both nature, the National Criminal Investigation
in public administration and in the juridical Service “SERNIC” (Club of Mozambique). Apart
body, was left out (CIP 2015: 2). There are from these political constraints, the current
no personalities in the political and economic PIC lacks even basic resources for investigation
elite or occupying top positions at government (Club of Mozambique). It remains to be seen
level that have been investigated for their to what extent the financial constraints as
involvement in corruption cases. The Informe well as political ties will be overcome in this
27
Transnational Organized Crime in Southern Africa and Mozambique
new structure. Furthermore, PIC reforms have whether a place is a pirate anchorage” (2014:
already been discussed in the past on several 759). They argue that piracy is occurring
occasions and have never become a reality. especially in remote coastal areas that have
no access to the regional ports and trading
A possible window of opportunity may also routes. The criminal actor is confronted with
be the independent audit that the FMI had a rational choice scenario: in cases where the
insisted on for the three companies, in order money coming from normal trade (taxes etc.) is
to clear up where the loans of over 2 billion higher than the income expected from criminal
USD went. A private investigation firm was activity (in this case piracy), elites decide to
chosen to do this and has started its work. The actively support counter-piracy activities. In
tight deadline of three months aims at limiting times when trade flows are hindered through
the risk of the process to be extended for too shocks, on the other hand, local elites decide
long and then forgotten. If taken seriously to switch to revenues from pirates.
and if the IMF insists on the publication of the
report9 this may be first step forward towards This example is pertinent in terms of its
accountability. implications, as it clearly shows the need
for a more holistic development approach.
Conclusions Accepting widespread criminality and illegality
“is not a cultural and immutable trait of certain
societies. (…)”. Instead, a switch in behavior
In the introduction, it was mentioned that in support of or against TOC is possible.
more and more stakeholders recognize that Secondly, it illustrates why many counter-
TOC impacts significantly on peace, stability piracy initiatives (and counter-organized crime
and development. Transnational organized initiatives) have been misguided as they focus
crime is a big challenge for the entire region on moral “sensitization campaigns” and
and for Mozambique in particular. It threatens vocational training of pirates (Bueger 2012 in
democratic development and disables Shortland and Varese 2014). The effectiveness
mechanisms that would allow the distribution has been limited because it is not only the
of dividends from the vast resources available young men already involved in organized crime
in the country in the form of development. that need to be targeted, but really the entire
The issue needs to be tackled from all angles: pool of underemployed young men who can
national, regional and international. easily replace one member of the syndicate. It
may be wiser to support alternative livelihoods
Shortland and Varese published a very instead of directly targeting organized crime
insightful article on Piracy in Somalia (2014), syndicates.
a very particular form of organized crime.
They found out that in areas of Somalia where Recommendations
piracy was prominent, political upheaval did
not necessarily matter to security at all. It is • It is important for researchers and
“economics, not politics [that] determine policy makers to revise the traditional
division between the criminal and the
9 In similar cases sometimes two reports were pro- state. This division is usually intrinsic in
duced (e.g. Kenya), an internal and a public one,
see http://zitamar.com/kroll-commissioned-investi- national strategies to combat crime in
gate-mozambique-hidden-debt-scandals/ the sub-Saharan context and needs to
28
Transnational Organized Crime in Southern Africa and Mozambique
29
Transnational Organized Crime in Southern Africa and Mozambique
30
Transnational Organized Crime in Southern Africa and Mozambique
Reports:
7. Afrobarometer (November 2016):
Do Africans still want democracy?
Policy Paper No. 36 by R. Mattes, M.
Bratton.
31
Transnational Organized Crime in Southern Africa and Mozambique
17. Hofmann, K. (2013): Economic 27. UNODC (2015), World Drug Report
Transformation in Mozambique: 2015.
Implications for Human Security“,
Maputo, Friedrich-Ebert-Stiftung. 28. US Government (2014), Human Rights
Report Mozambique, available at:
18. Institute for Security Studies (2010): <http://www.state.gov/documents/
Organized Crime in Southern Africa: organization/236598.pdf>
First annual review, prepared by
Annette Hübschle, Johannesburg. 29. Wikileaks: US Embassy Maputo,
Narcotrafficking on Upswing, Concerns
19. Institute for Security Studies (October About Government Connection,
2010): Combating Organized Crime available at: <http://wikileaks.ch/
in Kenya, available at: <https://www. cable/2010/01/10MAPUTO80.html#>
32
Transnational Organized Crime in Southern Africa and Mozambique
30. The World Bank, World Development —— Mozambique: Gas, cash and votes,
Report 2011, available at: <http:// Vol. 55 No. 16, published on 8
siteresources.worldbank.org/INTWDRS/ August 2014.
Resources/WDR2011_Full_Text.pdf>
—— Mozambique: Narcotics links tarnish
31. WWF and Dalberg (2012), Fighting Frelimo, Vol 55, No. 20, published
illicit wildlife trafficking: A consultation on 10 October 2014.
with governments, available at:
<http://www.dalberg.com/documents/ —— Mozambique: Frelimo’s Hit Parade,
WWF_Wildlife_Trafficking.pdf> Vol. 56, No. 9, published on 1 May
2015.
33
—— Mozambique: Energy Bonanza
promises real financial
independence, Vol. 53, No. 9, 42. Azevedo-Harman, E. (2014):
published on 27 April 2012. Dominance of the Ruling Party and
the Turmoil of the Opposition in
—— Mozambique: Rotten timber trade, Mozambique, Universidade Católica.
Vol. 6 (ACC), No. 4, published 1
February 2013. 43. Carbone, G.M. (2007): Continuidade
na renovacao? Ten years of multiparty
35. Berman, E. (1996): Managing arms in politics in Mozambique: roots,
peace processes: Mozambique, UNIDIR, evolution and stabilization of the
New York. Frelimo-Renamo party system, in
Journal of Modern African Studies, Vol.
36. Ellis, S. and Shaw, M. (2015): Does 43, No. 03, pp. 417-442.
Organized Crime Exist in Africa?, in
African Affairs, Vol. 114, No. 457, pp. 44. Manning, C. (2010): Mozambique’s
505-528. Slide into One-Party Rule, in Journal of
Democracy, Vol. 21, No. 2, pp. 151-
37. Shaw, M. and Reitano, T. (January 165.
2013): Cocaine Politics in Guinea-
Bissau: The link between drug 45. Weinstein, J.M. (2002): Mozambique:
trafficking and political fragility and A Fading U.N. Success Story, in Journal
its wider implications’, in Columbia of Democracy Vol. 13, No. 1, pp. 141-
Journal of International Affairs. 156.
—— <http://www.clubofmozambique. surges-mozambique>
com/solutions1/sectionnews.php?
secao=business&id=2147492330 64. Moody’s: <https://www.moodys.
&tipo=one> com/research/Moodys-downgrades-
Mozambique-government-rating-to-
—— <http://www.clubofmozambique. B2-and-changes-outlook--PR_331865>
com/solutions1/sectionnews.
php? secao=mozambique&id= 65. Bloomberg: <http://www.bloomberg.
2147490752&tipo=one> com/news/articles/2015-08-02/
mozambique-millionaires-seen-leading-
58. All Africa: growth-of-africa-s-rich>
—— <http://allafrica.com/
stories/201508270139.html> 66. IRIN NEWS: <http://www.irinnews.org/
report/100298/analysis-understanding-
—— <http://allafrica.com/ organized-crime-in-africa>
stories/201309020079.html>
67. Publico Portugal: <http://www.
59. Mail & Guardian: <http://mg.co. publico.pt/mundo/noticia/raptos-em-
za/article/2015-03-19-moz-will-be- mocambique-ja-nao-e-so-a-mafia-sao-
stripped-of-its-forests-in-just-a-few- os-oportunistas-1615174>
years>
68. DN Portugal: <http://www.dn.pt/
60. UNODC Official Website: <https:// inicio/globo/interior.aspx?content_
www.unodc.org/unodc/de/organized- id=1740022&seccao=CPLP>
crime/index.html>
69. Afrol: <http://www.afrol.com/
61. Wikileaks: articles/37037>
—— <http://www.cablegatesearch.net/
cable.php?id=09MAPUTO611> 70. News24:<http://www.news24.com/
SouthAfrica/News/We-have-to-
—— <https://wikileaks.org/plusd/ understand-how-rhino-poaching-
cables/09STATE60602_a.html>, syndicates-operate-20150630>
published online on 12th June,
2009 71. The Star: <http://mondediplo.com/
blogs/ivory-poaching-in-mozambique>
—— <https://wikileaks.org/gifiles/
docs/81/813629_usa-united-states- 72. Macua Blog: <http://macua.blogs.com/
americas-.html>, published online moambique_para_todos/2014/07/
on February 27th, 2012 guebuza-exonera-augusto-paulino.
html>
62. Africa Review: <http://www.
africareview.com/News/Jitters-as- 73. World Bank: < povertydata.worldbank.
Mozambican-president-daughter- org>
wins-digital-deal/-/979180/2270670/-/
74. Zitamar: <http://zitamar.com/revealed-
u1t1gcz/-/index.html>
credit-suisse-banker-now-pay-ematum-
63. Illegal logging: <http://www.illegal- ship-builder/>
logging.info/content/illegal-logging-
36
FES Peace and Security Series No. 19
About the FES Africa Peace and Security Series As a political foundation committed to the values
The lack of security is one of the key impediments of social democracy, Friedrich-Ebert-Stiftung (FES)
to development and democracy in Africa. The aims at strengthening the interface between
existence of protracted violent conflicts as well as democracy and security policy. FES therefore
a lack of accountability of the security sector in facilitates political dialogue on security threats and
many countries are challenging cooperation in the their national, regional and continental responses.
field of security policy. The emerging African Peace The FES Africa Peace and Security Series aims to
and Security Architecture provides the institutional contribute to this dialogue by making relevant
framework to promote peace and security. analysis widely accessible. The series is being
published by the FES Africa Security Policy Network.