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Understanding Security Sector Policing

Security Sector actors/police can be violators of human rights but at the same time they play an essential role in the protection of human rights...

Approaching the security sector/ police as human rights protectors presents an opportunity for increased cooperation in a search for areas of mutual interest. Human rights and policing go hand in hand.

Civil Society strategies can range from confrontational to cooperative

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Civil Society and the Security Sector: Key Messages

• Be informed: Have a thorough understanding of the security sector / policing (both laws and practice)

• Contextual analysis (societal context and security and justice context)

• Match strategy to context

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Police – Powers and Functions

Definition of Police State officials entrusted with the powers to use force and to arrest and detain, tasked with functions to:– maintain order– prevent and detect crime– provide assistance

Police & Human Rights: both violator and protector; relationship with civil society; little attention to “general crime”; Police and NGOs often have very different perspectives

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State duty to respect & protect Human Rights

Under international law States must ensure: Security Sector actors respect human rights standards,

= avoid abusing their powers in the course of their duties,

and must protect human rights standards, = actively ensure basic security

for all people within the territory over which the State has effective jurisdiction.

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State responsibility for law & order

• It is the State’s ultimate responsibility to maintain order and provide security…

• … as this is necessary for the continuity of the State itself

• … and is a requirement under international law

• The right to security translates to the State’s duty to maintain order and provide security

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Different perspectives on State

• “Authoritarian”(vertical perspective -Police “Force”)State is strong and authoritarian in its ability to provide security for the people in its territory; the State is thought to best represent and defend the public interest; State officials carry out duties neutrally and professionally.

• “Democratic” (horizontal perspective – Police “Service”)Role of State in providing security is equal to that of non-State actors; State officials are to engage with their communities, and should be representative of them as to ensure they work in the community’s interest.

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Human Rights perspective

Human rights-based, democratic policing:

• Responsive and Accountable

• Representative and Sensitive

• Effective and Legitimate

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Policing is balancing

Public

Politician Police

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Operational independence

• Police must be able to decide (within law and policy framework) how to allocate resources and how they respond to law & order sitiuations.

• Operational independence is a necessity to enable independent & impartial professional policing ‘in the public interest’ (i.e. non-political, non-partisan policing)

• Discretion is a necessity as police work can never be fully captured in laws, regulations and policies

• However: operational independence & discretion need to be balanced by a system of institutional and societal controls: accountability

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Effective and professional policing

•

Law Tactics

Professional use of police Powers: Use of Force, Arrest and Detention, Criminal Investigation

Limited by law, based on tactical considerations, dependent on how well police are selected and trained:

Skills

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Accountability (responsibility)

• “Too often used, too little understood”• Definition “Having to explain one's conduct”

Four Areas Two Aspects

1. Internal A. A priori (before)

2. To the State B. A posteriori (after)

3. Public Ongoing

4. Independent

“Its all about balance”

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Enhancing Police Professionalism

• Instruments for change

• Accountability

• Training

• Engagement: the role of civil society/NGOs

Engaging with police reform

Intervention programs by civil society actors.

A first step to developing a model.

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Objective

What role can civil society actors play in security sector/police reform?

How can they:- Support police reform- Ensure police reform is based on HR- Initiate police reform

Establish a framework for intervention programs

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Understand the dynamics of State and Civil Society engagement

• How those responsible for implementing governmental responsibilities interact with those scrutinizing them(civil society) – and vice versa – and how this influences the playing field for both.

• Engagement by civil society will be defined in its widest sense possible.

• Great variety in NGOs (independence, scope, focus etc)

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Developments

• First: Security Sector/Police as violatorAnimosity rather than trust Civil society comfortable with opposition rather than

coalition

• Then: SS/Police as violator AND protectorSearch for a common agendaReflect on how to establish contacts

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Two variables

State and Civil Society

1. Tone of the relationship:– Antagonistic

• Exclude any willingness to work together, focus on confronting– Cooperative

• Willingness to work together, share ideas, understand

2. Level of participation (or distance):– Sideline

• Observe and comment, via third parties (eg media)– Player

• Share responsibility, ‘working with the police’

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Matrix

Confrontational

A B

Sideline Player

C D Cooperative

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This matrix: 2 functions

Using the matrix• Helps to describe and analyse the institutional

relation between civil society actors and State organs, such as the police

NGOs need to reflect on what exactly they can do and what not in the context in which they operate.

Not ‘one best position’; each position has its own value and legitimacy

• Helps to position types of NGO interventions

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What kind of intervention?• Influence of police conduct! (violator/protector?)

• Probably one ‘generic position’ (current security sector – civil society relationship?

However - complexities?• Relations with different State organs may differ; and

sometimes with different police agencies• Different NGOs may have different relations

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Institutional relationship

A: Sideline/confrontational approach

‘Antagonistic observer’- NGO is critical, principles, (idealists)- Monitor State conduct

focus on police powers

- Sometimes; Stereotypes

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Institutional relationship

B: Player/confrontational approach

‘Critical dialogue’- Criticism is not effective enough- NGOs wish to intervene, to improve- Careful, direct interaction

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Institutional relationship

C: Sideline/ cooperative attitude

‘Friendly audience’- NGOs understand and agree on police tasks- Ultimately share the same goals- ‘Open communication lines’

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Institutional relationship

D: Player/ cooperation‘Partnership’

- Police and NGOs cooperate in preventing HRV- NGOs participation in improving police

conduct is direct + active (e.g. as consultant)- Understand police ‘realities’

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Conclusions:

1. Know yourself2. Know where you are3. There are two actors here (police and NGOs)4. You cannot be in 2 matrix quadrants at same time5. Where you are influence your intervention

possibilities6. Moving can be your strategy between quadrants

However: “It takes two to tango”

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Questions:

• Where would you place your NGO / institution?• ICRC?• Amnesty International?• How can you change within a quadrant?• How can you change to another quadrant?

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Intervention programs

Confrontational

I II

Sideline Player

III IV Cooperative

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Examples of interventions

Naming, blaming, shaming

Lobby the parliament

Watchdog

Legal advice to complainants

Formulate recommendations

Taking care of eg refugees

Oversight

Academic research

Training on HR for police

Witness protection schemes

Some forms of community policing

Confrontation

Cooperation

Sideline

Player

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Combining the two

• Interventions are limited by quadrant

• Or some are most effective in particular quadrant

• Thus: to use intervention II, one needs quadrant B

• Or: a specific intervention must be adapted to the quadrant (e.g. engagement)

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Hypothesis

Is it possible to establish, more often than we think, cooperative contacts with the security sector; and that civil society can play a more active role

Opening up a whole range of new innovative intervention instruments?

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How to decide what to do?

1. Contextual analysis • Police context• ‘Self context’• Formulate main concerns / targets• Need more information?

• Develop a strategy

• Draft project plan

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Going beyond criticism?

• Focus on commonalities instead of differences

• Understand the security sector / policing• Always make a contextual analysis• Search for a common agenda• Stick to your role• Avoid internal police politics• Commitment is essential