KEY PRINCIPLES OF DEMOCRATIC POLICING HANNINGS MGABE MLOTHA, D.C.P. MALAWI POLICE SERVICE

AIM To familiriarize participants with the key principles of democratic policing

OBJECTIVES At the end of this presentation, participants should be able to: Mention the objectives of democratic policing Explain the key principles of democratic policing Relate the key principles of democratic policing to democratic governance

INTRODUCTION The police are the most visible manifestation of government authority. They are tasked to:  Maintain public tranquillity and law and order;  Protect and respect individual’s fundamental rights and freedoms;  Prevent and combat crime; and  Provide assistance and services to the public The civility of any nation is measured by the civility of its police

DEMOCRATIC POLICING Policing: enforcement of these laws Democratic Policing: To enforce only laws which have been adopted democratically – i.e. understood and accepted by he majority of the people (sovereign?!) – following principles of the rule of law

UN IPTF 1996 “In a democratic society, the police serve to protect, rather than impede, freedoms. The very purpose of the police is to provide a safe, orderly environment in which these freedoms can be exercised. A democratic police force is not concerned with people’s beliefs or associates, their movements or conformity to state ideology. It is not even primarily concerned with the enforcement of regulations or bureaucratic regimens. Instead, the police force of a democracy is concerned strictly with the preservation of safe communities and the application of criminal law equally to all people, without fear or favour.”

Objectives of Democratic Policing To serve the people, the society To behave and perform ethically, always To adhere to the principles without exceptions To ensure best quality of performance To strive for utmost transparency where- and whenever possible To ensure accountability

KEY PRINCIPLES OF DEMOCRATIC POLICING Representative Responsive Accountable Respect for the human rights of the population Giving top operational priority to serving the needs of individual citizens and private groups

KEY PRINCIPLES OF DEMOCRATIC POLICING Accountable Representative Responsive

REPRESENTATIVE POLICING ENSURES THAT: Police personnel sufficiently represent the community they serve; Minority groups and women are adequately represented through fair and non- discriminatory recruitment policies in police services; and The human rights of all people are protected, promoted and respected.

RESPONSIVE POLICING ENSURES THAT: Police are responsive to public needs and expectations, especially in preventing and detecting crime and maintaining public order; Policing objectives are attained both lawfully and humanely; Police understand the needs and expectations of the public they serve; and Police actions are responsive to public opinion and wishes.

ACCOUNTABLE POLICING ENSURES THAT: Legally:  Police are accountable to the law, as are all individuals and institutions in States  Police are accountable to people outside their organization who are specifically designated and empowered to regulate police activity  On the Principle of Proportionality: – Intervention only when necessary – Methods and means are suitable and effective > achieving the legitimate goal with the least intrusion into fundamental rights

ACCOUNTABLE POLICING ENSURES THAT: Legally: police are accountable to the law, as are all individuals and institutions in States;  operate in accordance with the domestic law and the international law enforcement standards Politically: police are accountable to the public through the democratic and political institutions of government as well as through police and citizen liaison groups; and Economically: police are accountable for the way they use resources allocated to them. OHCHR (Office of the High Commissioner for Human Rights) Professional Training Series No. 5:Human Rights and Law Enforcement:A Manual on Human Rights Training for the Police, 1997.

ACCOUNTABLE POLICING ENSURES THAT: Police activities – ranging from the behaviour of individual police officers to the strategies for police operations to appointment procedures or to budget management – must be open to scrutiny by a variety of oversight institutions

"The most fundamental principle of democratic policing is to ensure that the human rights of the population are respected." Mr. Robert Wasserman, Deputy Commissioner of the UNIPTF

Police must give top operational priority to serving the needs of individual citizens and private groups

MHFM Principles of Democratic Policing, DCAF, Geneva, 15 July “Essential Characteristics of Democratic Policing” (Bayley 2006) Police must respect human rights, especially those that are required for the sort of political activity that is the hallmark of democracy Police must give top operational priority to serving the needs of individual citizens and private groups

18 Rule of Law “It refers to a principle of governance in which all persons, institutions, and entities, public or private, including State itself are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.”

MHFM Principles of Democratic Policing, DCAF, Geneva, 15 July Requirements  Human resources management  Procedures  Structures  Equipment  Monitoring

Human Resource Management Selection Criteria  Quality requirements and non-discrimination Training  Sufficient initial/basic training  Regular in-service/continued training

Procedures Legislation and written policies governing the police should be:  clear;  precise; and  accessible to the public Legal Framework is the basis for accountability e.g. it draws a clear line between legal and illegal behaviour

Structures Equipment and infrastructure need to allow the service with required quality

MONITORING Importance cannot be overemphasised Watertight system controlling necessary – Internal: Checks of police reports Field observation Checks of quality of training – External Exchange with prosecution, courts, NGOs Court cases, complaints service

MONITORING Human Rights Legality in all aspects (Anti-Corruption Strategy Organizational culture Don’t search for mistakes, find solutions for improvements Check effectiveness and efficiency of monitoring Establish possible consequences / sanctions for individual shortcomings / mistakes or worse (accountability!)

COMMUNITY POLICING Community Policing is a good example of democratic policing as echoed by the then Prime Minister of the Republic of Zimbabwe, Cde R.G. Mugabe pronounced on 13 th March He stated:

Presentation by Chief Superintendent S. MIRIRAI on Community Policing in Zimbabwe 26 “ We must underscore the point that effective policing must derive from and flourish on the good will and co-operation of the whole community from whom any Police force derives its legitimacy. The Police must strive to educate the masses so that they identify the objectives and functions of the police as their own, in turn, they must feel that the people’s needs and aspirations are also their own’’.

Fundamental Principles of Community- Based Policing 1. Policing by consent, not coercion. 2. The police as part of the community, not apart from it. 3. The police and community working together to find out what communities needs are. 4. The police, public and other agencies working together in partnership. 5. Tailoring the business of policing to meet community needs.

Policing with Consent When policing, the consent of the people is required. Prerequisites for gaining public support are:  Providing transparency in police operations; and  Cultivating communication and mutual understanding with the public the police serve and protect

Community Policing (CP) – Interaction with citizens – Established interagency co-operation locally, nationally, regionally, farther internationally (inc. NGOs)

SUMMARY The police shall provide for the protection of public safety and the rights of all persons Members of the police shall exercise their functions, powers and duties as impartial servants of the general public and the Government of the day Every law enforcement agency shall be representative of and responsive and accountable to the community as a whole

CONCLUSION The United Nations General Assembly Resolution 34/169 of 17 th December 1979 requires all LEAs to be representative of, responsive and accountable to the communities they serve If Police observe the key principles of democratic policing, they will be a positive factor in the realization of an accountable and participative government

REFERENCES 1.Guidebook on Democratic Policing by the Senior Police Advisor to the OSCE Secretary General 2.“Governing Policing in a Democracy – A Primer” by Philip Stenning, Professor in Criminology – Keele University 3. ‘Presentation on Community Policing in Zimbabwe’ by Ch/Supt. Smart Mirirai 4.‘Principles and Concepts of Democratic Policing’ by Dr. Markus Mohler 5.United Nations Police Handbook 6.Police Reform through Community-Based Policing- Philosophy and Guidelines for Implementation Hesta Groenewald and Gordon Peake SEPTEMBER 2004 n NEW YORK 7. Police Source Book on Human Rights by MPS and MHRRC 8. The Constitution of the Republic of Malawi 9. The Police Act (2010)