Policing, Riots and Social Justice :Any Lessons to Draw from Paris?

“Inexcusable” is the word used by French President Emmanuel Macron to describe the shooting of 17 year-old Nahel, of North African descent, by police. Macron’s response was almost immediate, perhaps in an attempt to calm down the rising tensions and to contain the mounting anger after the fatal shooting. The very next day, President Macron held an inter-ministerial crisis meeting after more unrest and rioting took place in various places during the night. Symbols and institutions of the republic took a dire blow. Police stations, schools, town halls and trams were burned down and destroyed by rioters. Macron noted that such violence is “unjustifiable”.  Shooting of adolescent by police: “Inexcusable” and violence erupting: “unjustifiable”- A rather complex socio-political narrative. The latter remains difficult to analyse and interpret and yet solutions need to be found if tensions are to be quelled and durable peace obtained. The unrest of October 2005 in the Parisian suburb of Clichy Sous Bois, when 2 youths of Malian and Tunisian descent were electrocuted as they fled from police is still fresh in the minds of many.

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Contrary to President Macron however, a number of young people who were interviewed in the aftermath of the first couple of days of unrest do not seem to think that such acts of violence are ‘unjustifiable’. They find some ‘legitimacy’ in their acts of violence.  They argue that it is the only way for them to be heard, for their pains and suffering to, perhaps, be given some attention. This does not imply that people are inherently violent and naturally predisposed to disturbing law and order in society. It is rather the accumulated forms of frustration and alienation as well as the feeling that they are not being heard and understood by those in authority, which often push them to the limit. The disconnect between those holding power and the downtrodden is at times so huge, that the former are unable to see the slightest signs of the societal malaise brewing up, leading to violent expressions of discontent.

That justice must be rendered to Nahel and all those mourning his death is unquestionable. Nahel’s shooting was apparently outside the parameters of the Law of 28 February 2017, regulating the utilization of ‘armes à feu’ in France. A number of researchers and figures from the left incriminate the law of 2017. Commenting on the law, ecologist Sabrina Sebaihi, noted : « cette loi est trop ambiguë dans sa formulation et permet aux policiers une lecture très discutable quant à l’usage du feu… », resonating with the views of many who have expressed themselves on the matter.

The law says :

« dans l’exercice de leur fonction et revêtus de leur uniforme ou des insignes extérieurs et apparents de leur qualité, les agents de la police nationale et les militaires de la gendarmerie nationale peuvent faire usage de leurs armes en cas d’absolue nécessité et de manière strictement proportionnée dans cinq cas précis. » One of these concerns the refusal ‘d’obtempérer’ by drivers of vehicles….

While the law may be ambiguous, leading to diverse interpretations, at times even leading to non-ending academic debates, the reality on the ground is one where people are hurting, are carrying the burdens of multiple forms of oppressions, where the dynamics of class, race, gender intersect with each other, reinforcing the multidimensionality of different forms of exclusions that people experience. In short, at the heart of many of such problems is the cry for social justice.

While the very sad and disturbing scenario unfolding in France is miles away, it is perhaps important to remember that no society is immune to such potential problems, including here in Mauritius, particularly in these very troubling times.

Social justice is not about giving a few alms here and there, nor about those in power trying to camouflage their electoralist measures by making noise about the increases in the budget of the Ministry of Social Security for instance. Social justice is about addressing the unequal treatment and discriminations that the marginalised and the powerless face, about ensuring that people’s fundamental human rights, including socio-economic rights are respected and fulfilled, that individuals feel they belong. Social justice is also ensuring that fellow citizens do not get arrested left right and centre and that the courts of justice are allowed to function in serenity. Social justice requires a healthy systemic approach which is necessarily pinned on an efficient and effective functioning of our institutions.

Revisiting our police and policing system has become more urgent than ever. But what is most important right now is to end the open war between the DPP’s office and that of the CP. Without TRUST between the police and the citizens, effective policing and maintenance of law and order, peace and security would be practically impossible. TRUST cannot be acquired on its own. An array of conditions is necessary for TRUST to exist. Greater cooperation, communication, ingenuity, integrity, initiative, discretion, leadership, responsibility, and respect can  help to build TRUST. Can the President of the Republic of Mauritius, supposedly the guardian of our Constitution, do something about the constitutional and institutional crisis that we are currently facing and help to ensure that rule of law prevails? Such a move can certainly go some way in building the trust required. Can civil society press on the government for the long-promised Police and Criminal Evidence Act? Legislations may be complex, difficult to implement and never sufficient, but they are still necessary even if it means having to adapt them as society evolves.

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