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This report explores Commonwealth innovations in police accountability and governance, emphasizing the importance of clear policy, strategic direction, and community partnership. It highlights the negative impact of illegitimate interference and emphasizes the need for separating powers and buffers between the police and government. The report also discusses the importance of civilian oversight and the role of police boards/authorities in strengthening accountability.
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Control & Governance of the Police: Commonwealth Innovations in Policy and Practice Commonwealth Human Rights Initiative
Government’s Responsibility To provide a well-resourced, well-led, well-trained police service to the public that is efficient and accountable • Lay down clear policy and strategic direction for the police • prepare Policing Plans in consultation with the public • set objective standards and performance indicators • Establish effective accountability mechanisms • Facilitate police-public interaction and partnership
Democratic accountability • Predicated on a separation of powers • Necessitates a clear delineation of roles and responsibilities between the police and the executive in law • Hinges on professional operational autonomy for the police • Prioritizes community needs and concerns
Commonwealth experiences of illegitimate interference • Apartheid South Africa • 30-year Northern Ireland conflict • Partisan policing supporting coups in Fiji and the Solomon Islands in the year 2000 • Impedes police professionalism, can threaten political stability, at worst ordinary people suffer serious rights violations
Separating powers • England and Wales model: • “Tripartite Structure of Police Accountability” • Division of policy setting and governance responsibilities : Secretary of State, local Police Authority, and the Chief Constable of each police service (Police Reform Act 2002) • Enforces a multi-layered system of accountability and delegates specific responsibilities
Separating powers • Northern Ireland model: Police (Northern Ireland) Act 2000 Secretary of State : long-term objectives and principles Policing Board (an independent public body) : medium-term objectives and priorities Chief Constable : shorter-term tactical and operational plans
Buffers between the police and government Service Commissions • Common to Commonwealth Caribbean, Pacific and some African states; newer models in Nigeria and Sri Lanka • The older models constitute autonomous government bodies; the newer models have significant non-government representation and additional powers • Mandate: To minimize political control in selection, promotion, transfer, and removal of police officers
Buffers Police Boards / Authorities • Common to Canada, England and Wales and Northern Ireland • Independent public bodies made up of political and independent members • Mandate: to strengthen accountability by ensuring local-level, community participation in policy direction, accountability matters, and budgeting
Building Civilian Oversight • Creation of Police Boards / Authorities, or similar buffer bodies • Eliciting public input in setting strategic direction and priorities for police, through policing plans for instance • Bringing civilian input to appointment of police chief