Mr. Chairman, Members of the Committee, and fellow panel members: I appreciate the opportunity to appear before the committee today to discuss U.S.-South Africa relations: Present and Future. As you are aware, from September 20 through October 2, of this year, the Department of State's International Narcotics and Law Enforcement Affairs Bureau (INL) headed a delegation to Swaziland, Botswana, Namibia and South Africa. The delegation was comprised of myself, two representatives from the Department of the Treasury, one from the Drug Enforcement Administration and two representatives from the Department of State. The purpose of the trip was to consult with U.S. Embassy political and law enforcement officials within these nations regarding the feasibility of establishing an International Law Enforcement Academy (ILEA) for southern Africa.

Consistent with the Administration's goals of establishing and enhancing effective bi-national relations with South Africa, President Clinton and-then President Mandella established the Bi-National Commission (BNC). The Commission first met in March 1995, with Vice President Gore and-then Deputy President Mbeki serving as Vice Chairs. The Commission was established and serves as the focal point for the bi-national consultations on domestic and international issues affecting the United States and South Africa. The Commission is comprised of a number of subcommittees. The subcommittee which has relevance to this hearing and issues on which I am prepared to comment is the subcommittee on Justice and Anti-Crime Cooperation. Attorney General Janet Reno is chair of the subcommittee. Attorney General Reno traveled to Cape Town, South Africa in February 1999, to chair the first meeting of the subcommittee. The subcommittee established basic "Terms of Reference" for future meetings, and came to agreement on a widerange of law enforcement issues, including training, technical assistance, and cooperation.

Following this meeting, the Attorney General brought together experts on Justice issues from the Departments of Justice, State, and the Treasury. The results of these meetings have produced a comprehensive strategy to consult and provide assistance to South Africa and other African nations regarding training and related justice issues.

Many of the goals and objectives agreed upon, are now in the implementation stage. For example, the International Criminal Investigative Training Assistance Program (ICITAP) has provided a number of training initiatives in South Africa and has facilitated the visits of a number of South African Justice officials to the U.S. to consult on mutual law enforcement assistance matters.

INL assistance in South Africa over the past few years has primarily been channeled through DOJ's ICITAP. The assistance has focused on institutional development of the police, with some aid provided to the prosecutors and judiciary. INL is also funding programs through the UN Center for International Crime Prevention (UNCICP) and the United States Agency for International Development (USAID) has focused on judicial reform. The State Department's Coordinator for Counter Terrorism and the Bureau of Diplomatic Security, Office of Anti-Terrorism and Assistance, conducted an anti-terrorism assistance assessment, and follow-up training is continuing. In 1997 and 1998, total INL funding (both years combined) in law enforcement training totaled approximately $1.9 million dollars.

The concept of an ILEA was first envisioned when the FBI, along with the DOS and other federal law enforcement agencies, explored ways to respond to the growing threat of criminal activity following the break up of the former Soviet Union.

Because of the global nature and mandate of many of the FBI and other federal law enforcement's investigative initiatives, we must make training investments in the police systems of countries where the FBI's investigative mission is affected. In virtually all major FBI investigations, a significant international aspect develops. To balance its interest in addressing the international aspects of its investigations with the requirement to respect host country sovereignty, the FBI and other federal law enforcement agencies must rely on the capabilities of the host country's law enforcement community. It is important to note that due to differences in judicial systems, or due to the absence of appropriate treaties and agreements, the FBI is unable at times to undertake investigations in foreign countries and bring them to successful conclusions. In such instances, the FBI is largely dependent upon the local criminal justice system and the level of training and expertise of its personnel. The recent bombings in East Africa, the World Trade Center bombing, Russian money laundering investigations, BCCI and other high profile cases are but a few examples of the increased threat to the United States caused by international crime. In order to ensure that such cases are brought to successful conclusions, the establishment and maintenance of effective liaison through training and other cop-to-cop initiatives must be developed and enhanced.

On April 24, 1995, the International Law Enforcement Academy in Budapest, Hungary, opened its doors to Russia and 23 other countries of central and eastern Europe. In April of 1996, Attorney General Janet Reno, Ambassador Gelbard, Director Freeh and other senior members from the U.S. federal law enforcement community dedicated ILEA Budapest. The ILEA Budapest supports two different types of programs sponsored by ten U.S. law enforcement agencies: (1) an eight-week program for mid-level police managers, and (2) regional seminars on the topics of International Organized Crime, Financial Crimes, Narcotics Trafficking, Intellectual Property Rights, Corruption, Violent Crime, Border Crime, and the like. The ILEA is funded approximately 3 million dollars per year by the Department of State. In addition, the U.S. law enforcement agencies have provided significant contributions by way of human resources and materials.

To date over 975 law enforcement officials from 23 different countries have received the basic eight-week course of instruction at ILEA, Budapest. In addition, approximately 3,500 law enforcement officials have received training in specialized law enforcement topics at ILEA Budapest. Time and time again the training at ILEA has proven valuable to the U.S.

On at least eight specific occasions we have seen examples of cooperation in major cases that could have occurred only through the relationships established as a result of attendance at the ILEA.

From August 3 -16, 1997, I ,along with a member of DOS/INL, traveled to South Africa at the request of Mr. Sydney Mufamadi, who was then Minister of Public Safety and Security. The purpose of the trip was to conduct an on-site survey of training and resource requirements within the South African Criminal Justice System in general and the South African Police Service (SAPS) in particular. I was joined by Senior Magistrate Deon Oosthuysen currently an instructor and lecturer at Justice College, Pretoria, South Africa, and Mr. Thomas Callahan, a contract consultant, DOS/INL. During the survey period, a number of individuals, representative of the police, judicial, and political communities as well as university and private citizens were interviewed regarding the capacity of the Criminal Justice System in South Africa to respond to the rising incidence of crime. Since that time, I have maintained periodic contact with police and other officials within South Africa, and the FBI has hosted South African delegations at the FBI Academy. My recent trip to conduct a site survey for an ILEA in southern Africa, coupled with my impressions in 1997, provide the basis for the following conclusions.

History has shown that when there is a major change in governmental structure, crime becomes rampant. The Republic of South Africa (RSA) is no different.

The crime problem in the RSA is serious and complex. In the wake of the change of government from the apartheid system and the years of sanctions preceding democratic elections, the RSA has had to cope with increasing crime. There is evidence that organized crime syndicates have established a formidable presence. Police officers are murdered at a rate higher than those in any other country in the world.

There are about 127,000 sworn officers in the SAPS. More than 20% did not complete a high school education. On September 25, 1999, National Police Commissioner George Fivaz was quoted in the Editorial Press, "A quarter of my cops can't read." Functional illiteracy is rife in the police force, making it difficult for about 30,000 officers to handle even the most basic of tasks. Commissioner Fivaz went on to state that considerable progress has been made in the transformation of the SAPS. Across the force as a whole, 55% are black officers and the rest are white. Informed estimates are that a large number of SAPS detectives are not adequately trained for criminal investigation.

It is clearly evident that crime, particularly violent crime and organized crime, is a major concern in the minds of every RSA citizen and visitor. The SAPS, the political leadership and the general public all desperately want some sort of law enforcement training assistance and are looking outside for this help. Assistance has been sought from other U.S. federal law enforcement entities such as the ICITAP. Additionally, police and political officials identified the U.K., Germany, and the Netherlands along with the U.S. as countries that have assisted in addressing the crime problem in South Africa.

In conclusion, the following observations are made:

• South Africa continues to suffer a severe crime problem. Violent crime, organized crime, narcotics trafficking, armed assaults, murders, gun smuggling, vehicle theft, gang-related activity, money laundering, fraud and official corruption are just some of the interwoven and overlapping afflictions confronting South Africa.
  
• The criminal justice system is not functioning well enough to combat the crime problem effectively.

Although there is a wide range of area in which U.S. assistance could be useful, I recommend that the U.S. government focus its efforts on helping elements within Southern Africa's criminal justice system to establish an effective "Training Program" to provide professional, relevant and customized training to police detectives, justice ministry prosecutors and magistrates, and other role players in the criminal justice system. Through the initiatives of the BNC, the U.S. government has already begun to assist in a number of these areas. The purpose of the recent trip to southern Africa was to consult with a number of countries in the region regarding the establishment of an ILEA in southern Africa similar to the ones operating in Budapest and Bangkok. This may be accomplished through the establishment of an ILEA in the southern Africa region, similar to the one operating in Budapest, Hungary.

Putting U.S. resources into the establishment of a well-run, well-resourced and professional training structure is more sustainable and of greater long term value than the training that is currently commonplace.

A training structure and well-designed curriculum can be adapted to a variety of changing needs and clients. For example, southern African law enforcement agencies who seek training in border control or arms trafficking could be accommodated at the Academy. Similarly, if southern African officials wished to take advantage of training offered by a non-U.S. agency with recognized expertise (e.g., Belgian public order policing, German VIP protection, etc.), these too can be accommodated and administrated at a facility designed for criminal justice system training.

A report regarding the funding of the recent site visits is being drafted by DOS for submission to the ILEA policy board. It was apparent to me that a decision regarding the location for an ILEA in southern Africa must out of necessity and respect for nations' sovereignty involve very close consultation and negotiations with the political leaders of both Southern African Development Commission (SADC) and more importantly the Southern African Police Chief's Cooperation Organization (SARPCCO).

I would like to address any questions you may have at this time.