In democratic societies, neither the army nor paramilitary institutions like the Armed Police Force can be used for maintaining law and order and public security. In this regard, civilian police is considered as the only competent authority to handle public security and rule of law issues and an eligible organization to enforce country’s laws and regulations. However, post-conflict countries usually face challenges to transfer structures of the security institutions from paramilitary to civilian through institutional and operational reform.
Every police personnel must carry out their activities independently and impartially by treating all civilians with equal respect without any forms of discrimination based on social, political and economic status. The primary responsibility of the civilian police is to maintain social harmony and law and order, ensure public security, uphold law, protect individual’s fundamental rights and freedoms, prevent crime and conduct investigation, provide assistance and guidance to the public as necessary, and play a leading role during humanitarian crisis and natural disasters.
Since the civilian police personnel represents government at the grassroots level, the officers must be efficient and effective while performing their duty and providing services to the people. Public trust and confidence in the police are prerequisites for effective policing. Without trust, people will not be willing to co-operate with police and report crimes which is needed for police agencies to operate successfully.
Democratic policing requires that the police must remain independent from political interference and protect democratic and political rights of people such as freedom of speech and expression, freedom to assemble, access to justice etc. This approach will create opportunities for policing institutions to provide service effectively, uphold rule of law, ensure civil liberties and human rights and demonstrate accountability and transparency in their actions.
In the past, police institutions in Nepal were strictly regime-oriented whereupon police personnel were forced to be loyal to power-holders. But nowadays, with the emergence of pro-people or community-oriented policing, also known as democratic or problem-solving policing, a new space has been created for police personnel to interact with the local community while handling law and order matters appropriately and effectively. It also provides police the opportunity to understand societal and diversity issues which helps to improve public relation and increase trust through mutual cooperation. In this regard, it is essential to introduce the concept of democratic policing and strategies for protection of civilians from fear, threat and insecurity in post-conflict countries.
In democratic societies, neither the army nor paramilitary institutions like the Armed Police Force can be used for maintaining law and order and public security. In this regard, civilian police is considered as the only competent authority.
According to the United Nations, the principles of democratic policing include representativeness, responsiveness and accountability. Similarly, the Organization for Security and Cooperation in Europe (OSCE) has outlined key principles of democratic policing that consist of rule of law, ethics and human rights, accountability and transparency and organization and management in police institutions. Similarly, the Emeritus Professor of Law of the University of California, Berkeley, and Co-Director, Center for Research in Crime and Justice, Jerome H Skolnick argues that “democratic police forces are not supposed to be insular, self-contained, or cut off from the communities from which their power derives. Openness to the free and the poor should be a master ideal of democratic policing.”
Although policing responsibility has to be carried out under immense pressure, civilian police must at all times operate in accordance with laws such as follow the constitution, criminal code, police act etc along with understanding provisions of international laws, including human rights instruments. Therefore, civilian police needs to verify the lawfulness of its intended actions and should always refrain from any types of illegal and unethical business.
An approach of democratic policing is essential in post-conflict countries and it should be implemented according to the needs of people. It means that civilian police must be responsive to the community as a whole and committed to deliver services promptly in a just and unbiased manner. Such policing activities will enhance to achieve the society’s common efforts to promote legal protection and instill a sense of security. As former Senior Police Advisor to the Secretary General of the OSCE and the Member of UN Panel of Peace Operations (The Brahimi Panel), Richard Monk reaffirms that “the police culture in a democratic society is about such things as principles, ethics, values, accountability and openness and related to the beliefs, institutions and assumptions on which police base their actions and behavior.”
Considering the deteriorating situation of security and rule of law in the country, the Nepal Police has not been able to demonstrate effectiveness to maintain law and order, and ensure civilian security and rule of law due to low morale, limited resources and lack of support from the government. It is rather forced to act upon the interest of power-holders from its inception, and continuously faces the challenges of political interference with minimum institutional and operational independence. Increasing criminalization of politics and politicization of crime has further damaged the credibility and effectiveness of the Nepal Police. The organization also suffers from unclear policy directives and absence of political will, and lack of orientation required for post-conflict situations. Therefore, it is essential to transform and restructure the Nepal Police based on principles of democratic and community-oriented policing, as well as openness, transparency and accountability.
Improved security and the rule of law situation can play an important role in the successful transition of conflict-ridden countries. Without adequate civilian security and rule of law, peace process could be easily derailed and peace agreements cannot be implemented. Strengthening civilian security institutions can contribute to create an independent and competent police that operates through democratic policing approach and aims to provide services to the people, effectively and efficiently. Democratic policing also prepares the foundation of sustainable peace and helps to contain the possibility of escalating lawlessness, anarchy and violence.
(Writer is a conflict analyst.)
peace_sb@yahoo.com
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