MISSING PIECES - Inter-Parliamentary Union

THEME 7
1. Codify in national laws the definition and limits of force that can be
deployed by law enforcement officials. The basis of the legitimate use of
force by law enforcement officials (including all officials of the law, whether
appointed or elected, who exercise police powers) must be specified in
national legislation and in operational guidelines. National law on the use
of force should be consistent with the UN Code of Conduct and the UN
Basic Principles. Law enforcement officials must also be trained in assessing
threat levels, the correct level of force needed in actual incidents, and
how to carry out armed operations with minimum risk. Parliamentarians
can instigate such processes, and can apply pressure to their governments
to comply with their international commitments.
2. Provide transparency in law enforcement practices. Lack of openness
in law enforcement planning, decision making, and implementation of
programmes can breed community suspicion and distrust, and lead to
resistance and antipathy. Governments should therefore require that their
security sectors operate transparently, and that the law is uniformly applied.
Oversight mechanisms should also be established, including internal disciplinary
boards to conduct proceedings against accused police officers.
Parliamentary control should be exercised over all security agencies to
ensure transparency of enforcement mechanisms, accountability of
enforcement agents, and monitoring of the power of the executive or
president.
3. Build and maintain community–law enforcement relationships. In
order to build co-operation between communities and the security sector,
and increase the chances for success, there should be regular open channels
of communication to discuss safety and security with local community
representatives. In addition, police selection, recruitment, and career
structures should be representative of and responsive and accountable to
the community. This should specifically include the recruitment of women
and under-represented groups, as well as the establishment of mechanisms
for the community to provide consent for and help guide police practices.
4. Address justice and security issues holistically in post-war situations.
Justice and security sector reform, rule of law assistance, DDR programmes,
and national arms control are closely linked and should be
designed and implemented in an integrated manner. Development assistance
should be made more readily available to justice and security sector
governance and transition efforts.
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