Police and other law-enforcement agencies are the most visible expression of the security sector and governmental authority.[1] In many post-conflict societies, police agencies may lack legitimacy due to their involvement in the conflict, their perceived corruption, human rights abuses and their unresponsiveness to the security and rule of law needs of the population. In cases where the military has assumed responsibility for internal security, transition to police responsibility for law and order is an important step towards re-establishing the rule of law. There may also be high levels of organized and transnational crime, with links to corruption and political power, creating a threat to security and undermining the rule of law. Strengthening policing and other law-enforcement agencies is therefore one of the first positive signals to a population that the government is re-establishing its authority.
Key UN Policies & Guidance
Without an adequate level of policing and other law enforcement, it is impossible to reinforce the rule of law or achieve sustainable peace and security. The MLT’s support to strengthening police and other law-enforcement agencies, including customs and border services, is therefore critical to a strengthened rule-of-law environment. However, as per UN Security Council resolutions 2185 and 2382, any police-related activity should be undertaken in full conformity with the Strategic Guidance Framework for International Policing (SGF), including its Guidelines on Police Command, and form part of an overarching national security plan.[2]
The SGF defines the “what” of UN police peacekeeping (policy) and the “how” (guidelines) on the four core pillars of a UN Police Peacekeeping component outlined in the Policy:
1. Police Administration
2. Police Capacity-Building and Development
3. Police Command
4. Police Operations.
In prioritizing support for police and other law-enforcement agencies, the MLT may wish to consider whether: (a) the proper infrastructure is in place for local actors to be responsive to reform; (b) reform will be sustainable; (c) comprehensive reform might be premature; (d) the state of security is such that police reform can be implemented; (e) resources exist so that reform will be supported with the right skills; and (f) the level of political will exists in the host government for police and other security reforms.
5.5.1 Operational activities
The key operational activities support of this output include:
- Conducting needs assessments and mapping existing police and other law-enforcement agencies.
- Supporting the police and other law-enforcement agencies’ responses to protection issues, and including the perspectives of women and minorities on, for example, SGBV.
- Supporting the increased participation of women and minorities in the police and other law-enforcement agencies.
- Providing operational support to the police and other law- enforcement agencies in accordance with the mandate.
- Supporting the management and oversight of the police and other law-enforcement agencies within the host government, including support for budgetary, regulatory and legal frameworks.
5.5.2 Benchmarks
Short-term
- Needs assessment, census and mapping of police and other law-enforcement agencies completed.
- Planning with host government on reform, restructuring and rebuilding, and plans for recruitment and training, initiated.
- Role of police and other law-enforcement agencies in providing internal security clearly delineated from that of the military.
- Clarity on national police, vision and strategy, and the roles that UNPOL personnel will play as trainers, mentors, advisors or operational support, achieved.
- Governance and accountability framework to oversee the provision of police, security and justice established.
- Donors and areas of engagement identified.
Medium term
- Vetting, selection and recruitment of police and other law- enforcement personnel undertaken.
- Accountability mechanisms reinforced.
- Management and oversight of police and other law- enforcement agencies strengthened.
- Institutional capacity of police and other law-enforcement agencies strengthened.
Long-term
- Police and other law-enforcement agencies are able to respond to the needs of the population.
- Police and other law-enforcement agencies trained to operate within human rights frameworks with consideration for women’s and minorities’ needs.
- Information-sharing and operational modalities on transborder and other serious crimes institutionalized between neighbouring states, and regional and international forums.
5.5.3 Responsibilities and coordination
The leadership role within the mission rests with the Police Commissioner who is responsible for the mission’s support to this sector. The MLT may need to ensure that mission activities among the multiple actors who are engaged in different areas of strengthening the police and other law-enforcement agencies are coordinated. Since it is a broad system that includes judges, prosecutors, the courts, corrections, customs and border services, as well as court management and administration, these multiple efforts may require the attention of the MLT to avoid overlap, duplication and gaps. The political management of the police and other law-enforcement agencies (e.g. in a ministry of the interior or of justice), are important to the overall credibility and legitimacy of these agencies. Therefore, the MLT should foster support for reforms at these political levels.
5.5.4 Resources
Continued human and capital resources to support long-term reform processes are critically important. Moreover, having police and other law-enforcement mentors and advisers whose skill sets include political awareness, cultural and gender sensitivity, and integrity, adds to the legitimacy of the reform process. Increasingly, there is a demand for technical expertise in specialized areas of policing and other law enforcement, as well as in areas related to the reform, restructuring and rebuilding of institutions. Donor and bilateral aid based on long-term commitment is critical if the police and other law-enforcement agencies are to be reformed, restructured and rebuilt. As noted above, these processes are long term in nature, and dependent on capability and capacity, as well as local perceptions of legitimacy and credibility.
5.5.5 Challenges and risks
- It must be recognized that reform is an inherently political process, especially reform in the area of policing and the security sector. All dangers, sensitivities, and intricacies are likely to surface during the process of reform, but opportunities will also present themselves.
- Lack of political will – or, conversely, undue political interference in the management and operational activities of police and other law-enforcement entities – can compromise their effectiveness and professionalism.
- Lack of infrastructure and resources in the police service and other law-enforcement agencies inhibits the capacity for reform.
- The police, other law-enforcement agencies or political management may be resistant to reform.
- Entrenched corruption is an obstacle to accountable and legitimate policing and other types of law enforcement.
- Police leaders must have knowledge of and capability for strategic planning and implementation of change management processes. The SGF plays a critical role in overcoming some of the challenges of coherence in policing approaches, which may surface in the planning process. Police leaders must also have the ability to use analytical tools to make the best use of information and intelligence to enhance decision making.
- Leaders must manage diversity and implement gender-related policies. This is challenging in any environment but more so in those that have not previously experienced gendered approaches.
5.5.6 Considerations
When balancing the points of consideration outlined below, the SGF should be front and centre.
Providing external support while promoting self- sufficiency
While support from the international community may be needed in the short term to strengthen the host-state police force and other law-enforcement agencies, over-reliance on international expertise, capacity and resources can result in dependency rather than self-sufficiency.
Quality versus quantity
An excessive focus on providing material resources, infrastructure and the recruitment, training and vetting of police and other law-enforcement agencies can result in the presumption that reform is taking root. Failure to address institutional capacity and accountability needs, the promotion of a positive organizational culture or management of the sector may result in increased local capacity quantitatively in the short term, but not qualitatively in the longer term. Building professionalized and reformed capacity among the police and other law-enforcement agencies while also ensuring effective and transparent governance of the sector will be essential if change is to be sustained and successful.
Perceived legitimacy versus perceived credibility
An imperative to manage security and law and order may result in putting host-state police officers on the streets too quickly and without proper vetting. The legitimacy of the police may be compromised in the long term if care is not taken to vet out undesirable elements. At the same time, if UNPOL are perceived as assuming responsibility for police services instead of the host-state police, this may affect the longer-term credibility of police and other law-enforcement agencies and their ability to respond to the population. Maintaining a “light footprint” will require the MLT to consider the trade-off between immediate security needs and building the capacity of the host-state police and other law-enforcement agencies for long-term legitimacy and credibility.
- The terms “policing” or “police” as used in this study follow UN terminology and include all national security agencies (such as the police and the gendarmerie) that exercise police powers, especially the powers of arrest and detention. ↵
- UN Security Council Resolution 2185, 20 November 2014; UN Security Council Resolution 2382, 6 November 2017. ↵