Security Sector Transformation 6
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The document outlines key indicators and benchmarks for democratic governance in the security sector, emphasizing the rule of law, political representation, personal security, national security, and accountability. It details specific goals and targets, such as ensuring an independent judiciary, competitive political processes, and effective community policing. The importance of civil society involvement and adherence to international standards in governance is also highlighted.
Security Sector Transformation 6
- 1. Summary of Issues, Indicators and Benchmarks for Democratic Governance in the Security Sector . Item Goals Indicative Targets Indicators or Source or Reference Benchmarks 1 Rule of Law & Constitutionalism • Presence of a democratically Imposed or ‘People ‘owned’ The Constitution agreed Constitution. constitution Additional Legislations: • Bill of Rights guaranteeing Right to justiciable freedom Armed Forces Act, Police Act, equality of citizens before the of expression, information, Criminal Justice Systems law and the liberty of the political association and individuals; individual and fundamental freedoms, Judicial precedence collective freedoms and economic, social and equality of opportunity for all political rights Incorporation of international instruments into domestic • Independent Institutions of Ombudsperson, Human law i.e. African Charter of State Rights Comm., Gender Human and Peoples’ Rights, Equality Commission; Anti- UDHR, Convention on Corruption Comm. economic, social and cultural • Improvement of law rights. enforcement mechanisms and National judicial reform, criminal justice system Police reform, Prison Decisions of the National improvement Human Rights Commission • Independence of the Judicial branch Ensure transparency in National Law Reform process of selection of Commission’s work judicial officers; improve • Presence of Court of superior incentives and jurisdiction to arbitrate in remuneration. constitutional matters Independent Constitutional or Supreme Court 2 Political Representation Mode of appointment to Is appointment determined Nature of Electoral legislative and governmental by elections and do the Commission positions; elections give room for The composition of the alternation of political power political system Does it consist of a The competitiveness of the multiparty democracy political system comprising of two or more 109
- 2. parties. Nature of appointment to the Extent of effective executive branch. competitiveness in the Independent candidature political process; The composition of the Role of Legitimacy, national parliament along competence, national party lines character The composition of local and regional councils The autonomy and independence of the electoral system Independence & Impartiality of the electoral authority. 3 Personal security and access to justice • Strengthening Police • Community Policing - National Policy on Safety & Accountability and Principles Security Responsiveness; • Demilitarising public - DFID Safety and Security- • Developing Community order and defining sector reform papers Awareness security in broader terms - African Charter provisions • Improve access to and • Legal Aid and scope of reduce cost of ‘justice’ legal clinics for pro-bono • Improving Police-Community cases Relations • Establishment of • Improving the prosecution Independent Police service and decentralise Services Commission with workload adequate powers • Investigate non-traditional • Examine scope for forms of justice reform. mediation and arbitration in the community 4 National security and conflict prevention • Clearly defined and well Defence and Security-sector Defence Act or National articulated vision and mission Review & White Papers Security Strategy of security sector organisations21 • Accountability of - Accountability both to Committees on Defence, 21 This section is derived from the DFID work on the principles of good governance in the security sector. 110
- 3. organizations, particularly in elected civil authorities and Security, Police Affairs the security forces to civil society • Security-sector organizations operate in accordance with Constitutionally defined role Incorporation of the international law and of the security structures internationally accepted domestic constitutional law; standards in domestic • Information about security- security laws sector planning and budgeting are widely Availability of alternative Coverage of security-sector available, both within sources of verifiable issues in the media and government and to the public, knowledge information on degree of openness of and a comprehensive and the security sector military facilities to civilians disciplined approach to the management of defence resources is adopted; • Civil-military relations are Extent of dialogue and Availability of human rights based on a well-articulated interaction between the education in the military hierarchy of authority security sector and civil training curricula between civil authorities and society the defence forces, and on a relationship with civil society that is based on the respect for human rights; • Civil authorities have the Clearly defined constitutional Capacity of Parliamentary capacity to exercise political powers for the Parliament committees to provide control over the operations and Executive Branch – independent verification and and expenditure of the powers of the purse, powers understanding of security security forces and civil of deployment and powers issues. society has the capacity to of scrutiny monitor the security forces and provide constructive input to the political debate; • An environment exists in which civil society can be consulted on a regular basis on security policies, resource allocation, and other relevant issues; 111
- 4. • Security-force personnel are Extent of the professional adequately trained to autonomy granted to discharge their duties in a security forces professional manner consistent with the requirements of democratic societies; • Fostering an environment Regional Norms and values ECOWAS Mechanism for supportive of regional and Conflict Prevention, sub-regional peace and Peacekeeping, Security; security has a high priority for NEPAD’s APRM, AU’s Peace policy-makers and Security Council 5 Open and Accountable Institutions • The nature and composition Independence of Civil Institutions of Accountability; of the civil service Service • Transparency and Nature of the Legislative accountability in government Accountability of Civil Accountability Mechanism, • Decentralisation of decision Service to elected making structures and the authorities Independence and nature of inter-governmental effectiveness of the relations Quality Control mechanisms accountability structures – • Media awareness for civil service at all levels Constitutional Court, Auditor- • Presence and Effectiveness General’s Office, Anti- of independent monitoring Corruption Commissions and agencies Civil Service Commission’s Inspector-General of Armed effectiveness Forces & Intelligence Services 6 Broader Understanding of Security • Meeting the 2015 Extent of fulfillment of UNDP Human Development through Effective and equitable International Development human security and human Report; Country strategy provision and Millennium Targets development goals in health, papers on poverty reduction • Country’s social and economic food, environmental security programmes. rights regime and poverty reduction 7 Facilitative mechanisms for policy • Management of national Extent of inputs into the Office of Budget Monitoring formulation and management budgetary process budgetary process by all National Planning • Effective Policies for linking stakeholders, including civil Machineries security-sector governance society Accountant-General’s Office and pro-poor poverty Extent of Involvement of a reduction policies. wide array of stakeholders Extent of consultation in the 112
- 5. • The nature and development in policy formulation & making of PRS papers of policy process management. • Role of civil society Input from independent • Private/public partnership Effectiveness of Policy research centres and arrangements. making mechanisms security-sector experts 8 Enhanced International Regime for • Regulatory Frameworks for Level of mutual OECD-DAC principles; Democratic Governance in the Security behaviour of IFIs and Bilateral accountability Sector institutions consistently DFID principles applied Extent of context • Availability of regional determined inputs. AU Principles, SADC & frameworks to which member ECOWAS Protocol states’ subscribe Level of corporate • Regulatory Frameworks for responsibility among trans- UN Global Compact non-state actors – TNCs etc national entities 113
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- 7. This handbook begins from the premise that democratic governance is central to the ability of people and states to be secure from the fear of violence at the local, national, regional and international levels. There are many ways of implementing democratic principles. However, all democratic systems share a number of common features. Box . Functions of the South African Auditor-General “188. (1) The Auditor-General must audit and report on the accounts, financial statements and financial management of a. all national and provincial state departments and administrations; b. all municipalities; and c. any other institution or accounting entity required by national or provincial legislation to be audited by the Auditor-General. (2) In addition to the duties prescribed in subsection (1), and subject to any legislation, the Auditor- General may audit and report on the accounts, financial statements and financial management of a. any institution funded from the National Revenue Fund or a Provincial Revenue Fund or by a municipality; or b. any institution that is authorised in terms of any law to receive money for a public purpose. (3) The Auditor-General must submit audit reports to any legislature that has a direct interest in the audit, and to any other authority prescribed by national legislation. All reports must be made public. (4) The Auditor-General has the additional powers and functions prescribed by national legislation. Tenure 189. The Auditor-General must be appointed for a fixed, non-renewable term of between five and ten years.” Source: Constitution of the Republic of South Africa, 1996, As adopted on 8 May 1996 and amended on 11 October 1996 by the Constitutional Assembly, Act 108 of 1996, http://www.gov.za/constitution/1996/96cons9.htm#188. 115
- 8. Box 5. Constitutional Underpinnings of the Uganda Peoples’ Defence and Police Forces “208(2) The Uganda Peoples’ Defence Forces shall be non-partisan, national in character, patriotic, professional, disciplined, productive and subordinate to the civilian authority established under this Constitution…. “209. The functions of the Uganda Peoples’ Defence Forces are: (a) to preserve and defend the sovereignty and territorial integrity of Uganda; (b) to co-operate with the civilian authority in emergency situations and in cases of natural disaster; (c) to foster harmony between the Defence Forces and civilians; and (d) to engage in productive activities for the development of Uganda….. “211(3) The Uganda Police Force shall be nationalistic, patriotic, professional, disciplined, competent and productive; and its members shall be citizens of Uganda of good character. “212. The functions of the Uganda Police Force shall include the following: (a) to protect life and property; (b) to preserve law and order; (c) to prevent and detect crime; and (d) to co-operate with the civil authority and other security organs established under this Constitution and with the population general.” Source: The Constitution of the Republic of Uganda, Chapter 12 “Defence & National Security,”, www.parliament.go.ug/chapt12.htm 116