Public order is characterized by the absence of high levels of criminal and political violence, such as kidnapping, murders, riots and the intimidation of targeted groups or individuals. Public disorder is profoundly destabilizing and undercuts efforts to strengthen state security institutions, and is often accompanied by widespread violations of human rights. The judicial system tends to be weak and confidence in its ability to adjudicate cases is low, while prisons are often overflowing. Public order is essential if the population is to gain confidence in the public security system rather than seek security from other entities such as militias and warlords. Maintaining public order is the domain of the police and other law-enforcement agencies, the courts, the prosecution service and prisons, all of which make up the criminal justice system (see Chapter 5).
In some cases, multidimensional UN peace operations have been deployed to support the transition to legitimate government, and even temporarily to assume the legislative and administrate functions – in part or in full – of the state. In such scenarios, maintaining public order is a key function of the peace operation. In most cases however, UNPOL through the FPU, stands ready to assist host-state police in maintaining public order.
4.5.1 Operational activities
The operational activities of a mission supporting the establishment of
- Establishing a presence in key areas of potential volatility.
- Managing civil disturbances and facilitating peaceful demonstrations.
- Supporting the capacity/capability development of local police and other law-enforcement entities and the re-establishment of the justice system.
- Protecting key governmental and UN installations, cultural sites and infrastructure.
4.5.2 Benchmarks
Short-term
- Assessment on the capacity and capability of security and justice providers is initiated.
- Police and Military components have established coordination mechanisms and are prepared to manage civil disturbances.
- Quick-response elements formed.
Medium-term
- Violence in volatile areas eliminated and if civil disturbances erupt, they are quickly contained.
- Most of the country has returned to normal patterns of daily activity.
- National police and other law-enforcement authorities are present nationwide and are held accountable.
- Population expresses confidence in public order.
- Civil disturbances are quickly contained and actions of security forces are compliant with international human rights.
Long-term
- Rule of law established.
- Evidence of a robust civil society.
- All relevant government bodies and institutions are held accountable.
- Normal civil and political patterns reappear.
4.5.3 Responsibilities and coordination
With the support of the mission and relevant UN agencies and international stakeholders, the host government is responsible for developing its capacity and capability to maintain public order. Until national authorities can fully assume this responsibility, however, the peace operation might be expected to deal with a host of public order issues, in close coordination with national security institutions. OROLSI at UNHQ will be a key player in providing support to the mission in these areas.
Public-order-management tasks, such as crowd and riot control, are a primary function of the host state, and UNPOL, in particular FPUs, often acting in support of the host-state police. In extreme cases when UN military are located in remote areas and UNPOL is not available, or a public disturbance is being caused by an armed group and the level of violence exceeds the capacity of the police, UN military units may be given a public-order-management role. These units may act alone or in conjunction with the Police component or host-state police. For the Police Commissioner, it will be important to understand the command structure, including the role of the FPU coordinators but also the possibility of integrated command with military assets.
4.5.4 Resources
The mission – and in particular its Military and Police components – should have sufficient training, capacity and capability, as well as the appropriate rules of engagement, to address public-order challenges. The role and deployment of the Police component and the FPUs must be carefully managed through risk analysis as there will be numerous calls on a limited resource.
4.5.5 Challenges and risks
- Local security elements might oppose the peace process.
- Spoiler networks may be entrenched or supported by external means to subvert the rule of law and undermine public order.
- The existence or growth of national and transnational organized crime, including a black market.
- Security and legal systems are corrupt and politicized, and crime is institutionalized and rooted in illicit revenue sources undermining public order.
4.5.6 Considerations
Balancing short-term public order imperatives and investments in broader security sector reform
Perhaps the most critical trade-off faced by the mission will be choosing between an urgent need to address the security situation – possibly by lending legitimacy to less-than-democratic processes and actors, redundant layers of security provision and organizations that have reputations for corruption and lack of professionalism – and establishing legitimacy for patterns of governance and actors that support accountability, transparency and other processes critical to good governance. With limited resources, it may be difficult to balance short- and long-term requirements – for example, immediate security versus long- term SSR efforts. While quick wins might build credibility, they can undermine deeper reform of the security sector.
Promoting short-term stability while confronting impunity
Dealing with spoiler groups or individuals may be necessary to secure the engagement of certain factions or mitigate certain tensions. At the same time, ignoring the continued use of political violence or exploitation of criminal networks will preserve a culture of impunity and threaten sustainable peace.
Balancing police and military public order functions
While maintenance of public order is a responsibility of the host-state police force, situations may require UNPOL through its FPUs to act independently or in support of host-state police in order to carry out the mission’s mandate. If the level of violence exceeds that which can be addressed through the capabilities of an FPU, or in cases when such units are not available, the mission’s military component may need to take action. The transition from police to military control of a situation, or vice versa, requires efficient command and coordination procedures. These should be widely understood and frequently rehearsed.