The legal framework for the work of line ministries, directorates and security institutions needs to be developed in line with international good practices and ensure consistency with the rule of law.

Legislation needs to clearly define the role and responsibilities of each security institution, specify the authorisation procedures for administrative and operational activities, identify the applicability of internal rules and procedures, ensure instruments exist for other stakeholders to engage and monitor security institutions, identify the constitutional basis for each components’ activities, and ensure security institutions’ employees are accountable for their actions in law.

Additionally, the frameworks need to incorporate and facilitate access to information for the general public and democratic institutions.

Resources

For further information, see

Ian Leigh, ‘Executive, Legislative and Judicial Oversight and Guidance over the Security Sector’, in Eden Cole, Kerstin Eppert and Katrin Kinzelbach (eds.), Public Oversight of the Security Sector, (Bratislava: Valeur for UNDP, 2008).

European Commission for Democracy Through Law (Venice Commission), Report on the Democratic Control of the Armed Forces, 23 April 2008.

European Commission for Democracy Through Law (Venice Commission), Update of the 2007 Report on the Democratic Oversight of the Security Services and Report on the Democratic Oversight of Signals Intelligence Agencies.

Michele Brandt, Jill Cottrell, Yash Ghai, Anthony Regan, Constitution-Making and Reform: Options for the Process, (Interpeace 2011).