Public Eye

CHRI's 2005 Report
Police Accountability: Too Important to Neglect, Too Urgent to Delay

Repeated citations of police misconduct ranging from individual bad behaviour to institutionalised criminality are undermining the fundamental principles of the Commonwealth set out in the Harare Declaration. CHRI's 2005 Report titled Police Accountability: Too Important to Neglect, Too Urgent to Delay provides a comparative overview of accountability arrangements, highlights good practice, and gives recommendations for reform to assist governments, police officials, and civil society in the development and strengthening of effective accountability regimes as part of the move towards truly democratic policing. It argues that an effective system of police accountability is based on the principle of multiple levels of accountability: to the government, to the people, and to independent oversight bodies; within a supportive legislative and policy framework. The Report was launched globally on November 22 in Valetta, Malta at the 2005 Commonwealth Heads of Government Meeting (CHOGM). The Report was also launched regionally: the Africa launch was held in Accra, Ghana on October 13, and the South Asia launch took place in New Delhi, India on November 5. The impetus for the report comes from the increasing reliance on abusive policing methods which are undermining the rule of law, damaging democracy and resulting in gross violations of human rights in many parts of the Commonwealth. The need for responsive and accountable policing is a prime governance issue, particularly as citizens are expressing increasing concerns about their safety and security. Rising crime, greater feelings of vulnerability and fear of victimisation in all parts of the Commonwealth demand improved policing. Even in well resourced democracies there are calls for greater public input and participation in policing. Unprecedented security concerns have created more room for heavy-handed policing methods and tighter internal security regimes. This has generated new problems in police-community relations and torn at the interface of policing, democratic values and human rights.

CHOGM 2005 Report

In seeking to find constructive solutions to the ills that plague policing in the Commonwealth today, the report - aimed at governments, police organisations, civil society advocates and concerned citizens - is divided into seven chapters which taken together outline a reform agenda with accountability as its anchor.

Chapter 1: contains an overview of policing in the Commonwealth, especially about what ails it. It outlines the consequences of poor policing for democracy, good governance and human rights, delving into the reasons why initiatives for reform have been impeded. Notably, it also highlights instances in the Commonwealth where systemic reform has been undertaken to mark the shift from regime policing to democratic policing.

Chapter 2: outlines the principles of democratic policing and highlights the need for the police to protect democratic institutions, support an environment where activities essential to democracy can flourish and also to demonstrate democratic values in its own institutional structures and processes.

Chapter 3: explains the legal framework within which police organisations are required to function. These include the International Bill of Rights, international treaties and covenants and United Nations and regional standards in respect of policing. The emphasis being on the imperative need for national constitutions, criminal codes and attendant laws, including police Acts that reflect international standards to ensure democratic policing.

Chapter 4: underlines the need for the police service to account to the three pillars of government - the Executive, Parliament and the Judiciary - and explains the specific and defined role that each must play in ensuring an accountable police service.

Chapter 5: emphasises the creation of a disciplinary environment, which is made up of both the formal apparatus for censuring misconduct and the informal culture which pervades the establishment. Additionally it focuses on performance management to enhance efficiency through target setting.

Chapter 6: underscores the need for the creation of credible civilian oversight mechanisms to enhance police accountability. The minimum requirements for a successful oversight mechanism such as guarantees for independence; sufficient investigative powers; adequate resources; and the power to follow up on recommendations are explained in detail.

Chapter 7: focuses on the responsibility of the police to account to the communities they serve, which requires being responsive to community needs and tailoring policing strategies to best address them. It emphasises the importance of consent, cooperation and community partnership in policing.

Concluding Recommendations of the report include a set of priority recommendations on policing for the Commonwealth Heads of Government; member countries; police leaders and police organisations; civil society; and donor organisations.