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Appendix 4: Summary of Issues, Indicators, Benchmarks for Democratic Governance in the Security Sector

SUMMARY OF ISSUES, INDICATORS AND BENCHMARKS FOR DEMOCRATIC GOVERNANCE IN THE SECURITY SECTOR
Item Goals Indicative Targets Indicators or Benchmarks
1 Rule of Law & Constitutionalism
  • Presence of a democratically agreed Constitution.
  • Bill of Rights guaranteeing equality of citizens before the law and the liberty of the individuals; individual and collective freedoms and equality of opportunity for all
  • Independent Institutions of State
  • Improvement of law enforcement mechanisms and criminal justice system
  • Independence of the Judicial branch
  • Presence of Court of superior jurisdiction to arbitrate in constitutional matters
Imposed or ?People ?owned? constitution

Right to justiciable freedom of expression, information, political association and fundamental freedoms, economic, social and political rights

Ombudsperson, Human Rights Comm., Gender Equality Commission; Anti-Corruption Comm.

National judicial reform, Police reform, Prison improvement

Ensure transparency in process of selection of judicial officers; improve incentives and remuneration.

Independent Constitutional or Supreme Court The Constitution
2
Political Representation
  • Mode of appointment to legislative and governmental positions;
  • The composition of the political system
  • The competitiveness of the political system
  • Nature of appointment to the executive branch.
  • Independent candidature
  • The composition of the national parliament along party lines
  • The composition of local and regional councils
  • The autonomy and independence of the electoral system
  • Independence & Impartiality of the electoral authority.
Is appointment determined by elections and do the elections give room for alternation of political power
Does it consist of a multiparty democracy comprising of two or more parties.
Extent of effective competitiveness in the political process;
Role of Legitimacy, competence, national character
3


Personal security and access to justice
  • Strengthening Police Accountability and Responsiveness;
  • Developing Community Awareness
  • Improve access to and reduce cost of ?justice?
  • Improving Police-Community Relations
  • Improving the prosecution service and decentralise workload
  • Investigate non-traditional forms of justice reform.
? Community Policing Principles
? Demilitarising public order and defining security in broader terms
? Legal Aid and scope of legal clinics for pro-bono cases
? Establishment of Independent Police Services Commission with adequate powers
? Examine scope for mediation and arbitration in the community
4
National security and conflict prevention
  • Clearly defined and well articulated vision and mission of security sector organisations24
  • Accountability of -organizations, particularly in the security forces
  • Security-sector organizations operate in accordance with the international law and domestic constitutional law;
  • Information about security-sector planning and budgeting are widely available, both within government and to the public, and a comprehensive and disciplined approach to the management of defence resources is adopted;
  • Civil-military relations are based on a well-articulated hierarchy of authority between civil authorities and the defence forces, and on a relationship with civil society that is based on the respect for human rights;
  • Civil authorities have the capacity to exercise political control over the operations and expenditure of the security forces and civil society has the capacity to 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;
  • Security-force personnel are adequately trained to discharge their duties in a professional manner consistent with the requirements of democratic societies;
  • Fostering an environment supportive of regional and sub-regional peace and security has a high priority for policy-makers
Defence and Security-sector Review & White Papers
Accountability both to elected civil authorities and to civil society

Constitutionally defined role of the security structures

Availability of alternative sources of verifiable knowledge information on the security sector

Extent of dialogue and interaction between the security sector and civil society

Clearly defined constitutional powers for the Parliament and Executive Branch ? powers of the purse, powers of deployment and powers of scrutiny

Extent of the professional autonomy granted to security forces

Regional Norms and values
5 Open and Accountable Institutions
  • The nature and composition of the civil service
  • Transparency and accountability in government
  • Decentralisation of decision making structures and the nature of inter-governmental relations
  • Media awareness
  • Presence and Effectiveness of independent monitoring agencies
Independence of Civil Service

Accountability of Civil Service to elected authorities

Quality Control mechanisms for civil service at all levels

Civil Service Commission?s effectiveness
6 Broader Understanding of Security through Effective and equitable provision
  • Meeting the 2015 International Development and Millennium Targets
  • Country?s social and economic rights regime
Extent of fulfillment of human security and human development goals in health, food, environmental security and poverty reduction
7

Facilitative mechanisms for policy formulation and management
  • Management of national budgetary process
  • Effective Policies for linking security-sector governance and pro-poor poverty reduction policies.
  • The nature and development of policy process
  • Role of civil society
  • Private/public partnership arrangements.
Extent of inputs into the budgetary process by all stakeholders, including civil society

Extent of Involvement of a wide array of stakeholders in policy formulation & management.

Effectiveness of Policy making mechanisms
8
Enhanced International Regime for Democratic Governance in the Security Sector
  • Regulatory Frameworks for behaviour of IFIs and Bilateral institutions consistently applied
  • Availability of regional frameworks to which member states? subscribe
  • Regulatory Frameworks for non-state actors ? TNCs etc
Level of mutual accountability

Extent of context determined inputs.

Level of corporate responsibility among trans-national entities



23 This is adapted from a presentation made by Kayode Fayemi to the NEPAD-African Peer Review Mechanism Experts Workshop held in Cape Town, South Africa, October 7-8 2002.
24 This section is derived from the DFID work on the principles of good governance in the security sector.