A robust and efficient legal framework is the first step towards good governance of the security sector. National legislation should strive to incorporate as many international legal standards as possible and ensure there are tools and mechanisms in place for their fulfilment. This includes fundamental legislation on Human Rights and Fundamental Freedoms, International Humanitarian Law and International Criminal Law. This also includes Anti-Corruption legislation, Oversight, Monitoring and Evaluation mechanisms. The approach to international legal standards must be inclusive and open. There must be a will to adopt and the tools to implement legal best practice. It is important to take into consideration the local context and circumstances while doing that. Laws cannot simply be copied and pasted. There is a need for strategic thinking and planning in order for the legislation to be effective in a particular context. Security sector legislation should incorporate, or be accompanied by, a series of corrective mechanisms which include sanctions and prohibitions as well as a well-functioning judicial system. Moreover, whistle-blower and complaints mechanisms are vital for the detection, resolution, and prevention of abuse. There are also regional and international judicial entities to which states, groups, and individuals can turn to for the protection of their rights and liberties.
FUNDAMENTAL INTERNATIONAL LEGAL STANDARDS AFFECTING THE SECURITY SECTOR and other useful legal resources and tools:
HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
- Universal Declaration of Human Rights approved in December 1948 by the United Nations General Assembly.
- Charter of the United Nations
- The International Covenant on Civil and Political Rights (1966) and its Optional Protocols
- The International Covenant on Economic, Social and Cultural Rights (1966)
- International Convention on the Elimination of All Forms of Racial Discrimination (1965)
- Convention on the Elimination of All Forms of Discrimination against Women (1979)
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)
- Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (2002)
- Convention on the Rights of the Child (1989)
- Optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (2000)
- International Convention for the Protection of All Persons from Enforced Disappearance (2006)
- International Convention against the Recruitment, Use, Financing and Training of Mercenaries
- Equal Remuneration Convention, 1951 (No. 100)
- Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
- Declaration on Race and Racial Prejudice
- Protocol Instituting a Conciliation and Good Offices Commission to be responsible for seeking a settlement of any disputes which may arise between States Parties to the Convention against Discrimination in Education
- Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
- World Conference against Racism, 2001 (Durban Declaration and Programme of Action)
- Declaration on the Protection of Women and Children in Emergency and Armed Conflict
- Declaration on the Elimination of Violence against Women
- United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)
PENAL SYSTEM
- Basic Principles for the Treatment of Prisoners
- Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
- United Nations Rules for the Protection of Juveniles Deprived of their Liberty
- Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- Safeguards guaranteeing protection of the rights of those facing the death penalty
LAW ENFORCEMENT
- Code of Conduct for Law Enforcement Officials
- Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
JUSTICE
- United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules)
- United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules)
- Guidelines for Action on Children in the Criminal Justice System
- United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines)
- Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
- Basic Principles on the Independence of the Judiciary
- Basic Principles on the Role of Lawyers
- Guidelines on the Role of Prosecutors
- Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions
- Declaration on the Protection of All Persons from Enforced Disappearance
- Basic Principles and Guidelines on the Right to a Remedy and Reparation
- International Convention for the Protection of All Persons from Enforced Disappearance
- United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules)
- Updated Set of principles for the protection and promotion of human rights through action to combat impunity
PEACE AND DEVELOPMENT
- Declaration on the Right of Peoples to Peace
- Declaration on the Right to Development
- Principles relating to the status of national institutions (The Paris Principles)
- Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms
- United Nations Declaration on Human Rights Education and Training
CRIME
NATIONAL STATUS
- Convention on the Reduction of Statelessness
- Convention relating to the Status of Stateless Persons
- Convention relating to the Status of Refugees
- Protocol relating to the Status of Refugees
- Declaration on the Human Rights of Individuals who are not nationals of the country in which they live
HUMANITARIAN LAW
- Convention on the Prevention and Punishment of the Crime of Genocide
- Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity
- Principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity
- Statute of the International Tribunal for the Former Yugoslavia
- Statute of the International Tribunal for Rwanda
- Rome Statute of the International Criminal Court
- Geneva Convention relative to the Treatment of Prisoners of War
- Geneva Convention relative to the Protection of Civilian Persons in Time of War
- Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I)
- Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)
GENDER
- OECD, Security Sector Reform and Governance: Policy and Good Practice, DCD/DAC (2003)30/REV3.
- OECD, DAC Guidelines and Reference Series: Security System Reform and Governance (2005)
- Commission of the European Communities, Communication from the Commission to the Council of European Parliament: A Concept for European Community Support for Security Sector Reform (2006).
- Council of the EU, Council Conclusions on Promoting Gender Equality and Gender Mainstreaming in Crisis Management (2006)
- United Nations Security Council (UNSC), Statement by the President of the United Nations Security Council (S/PRST/2007/3)
- UN General Assembly and UNSC, ‘Securing peace and development: the role of the United Nations in supporting security sector reform’, report of the Secretary-General, A/62/659–S/2008/39
- Fourth World Conference on Women, Beijing Declaration and Platform for Action A/CONF.177/20 and A/CONF.177/20/Add.1
- Windhoek Declaration and the Namibia Plan of Action on Mainstreaming a Gender Perspective in Multidimensional Peace Support Operations (S/2000/693)
- UNSC Resolution 1325 on Women, Peace and Security (S/RES/1325)
- UNSC Resolution 1674, S/RES/1674 (2006)
- UNSC Resolution 1820 on Women, Peace and Security (S/RES/1820)
- UNSC 1888 on Women, Peace and Security (S/RES/1888)
- UNSC 1889 on Women, Peace and Security (S/RES/1889)
- UNSC, Women, Peace and Security, Report of the Secretary-General, (S/2010/498)
- UNSC, Statement by the President of the Security Council, S/PRST/2010/22
- UNSC 1960 on Women, Peace and Security (S/RES/1960)
- European Parliament Resolution on Participation of Women in Peaceful Conflict Resolution (2000/2025(INI))
- Parliamentary Assembly of Council of Europe, Conflict Prevention and Resolution: the role of Women, Resolution 1385
- European Commission, Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions “Towards an EU response to situations of fragility”, COM(2007) 643 final
- Council of the EU and European Commission, Comprehensive approach to the EU implementation of the United Nations Security Council Resolutions 1325 and 1820 on women, peace and security
- Council Secretariat, Implementation of UNSCR 1325 as reinforced by UNSCR 1820 in the context of ESDP
- European Parliament, Resolution on gender mainstreaming in EU external relations and peacebuilding/nation-building, 2008/2198(INI)
- General Secretariat of the Council of the EU, Indicators for the Comprehensive approach to the EU implementation of the United Nations Security Council Resolutions 1325 and 1820 on women, peace and security, 11948/10
- Organisation for Security and Co-operation in Europe (OSCE), OSCE Action Plan for the Promotion of Gender Equality (MC.DEC/14/04)
- North Atlantic Treaty Organization (NATO), BiSC Directive 40-1, Integrating UNSCR 1325 and Gender Perspectives in the NATO Command Structure including Measures for Protection during Armed Conflict
- Inter-Parliamentary Union, Resolution on How Parliaments Can and Must Promote Effective Ways of Combating Violence Against Women in All Fields
ANTI-CORRUPTION
- UN Convention Against Corruption
- UN Convention on Transnational Organized Crime
- UN General Assembly and International Committee of the Red Cross, Montreux Document on Pertinent International Legal Obligations and Good practices for States Related to Operations of Private Military and Security Companies During Armed Conflict.
- Resolution 51/59 UN General Assembly: International Code of Conduct for public officials
- Council of Europe Criminal Law Convention on Corruption
- Council of Europe Civil law Convention against Corruption
- Council of Europe Convention on Laundering, Search, Seizure and Confiscation of Proceeds of Crime
- Council of Europe Resolution (97) 24 on the twenty guiding principles for the fight against corruption.
- Council of Europe Convention on access to official documents
- Council of Europe Recommendation Rec (2002)10
- EU Convention on the fight against corruption involving officials of the European Communities or officials of member states of the EU.
- EU Convention on the protection of the European Communities’ Financial Interests
- European Convention on Extradition
- OSCE Code of Conduct of Politico-Military aspects of Security
- OECD Convention on Combating Bribery of Foreign Officials in international Business Transactions,1997
- OECD Recommendation for further Combating Foreign Bribery, 2009
- OECD Good Practice Guidance on Internal Controls, Ethics, and Compliance, 2010
- OECD Best Practices for Budgetary Transparency, 2002
- International Monetary Fund: Code of Good Practices on Fiscal Transparency
- Inter-American Convention Against Corruption
- African Union Convention on Preventing and Combating Corruption
- INTOSAI International Standards of Supreme Audit Institutions
- INTOSAI Lima Declaration of Guidelines on Auditing Precepts.
- INTOSAI Guidelines for Internal Control in the Public Sector.
- INTOSAI Code of Ethics
- Inter-Parliamentary Union, Resolution on Cooperation and Shared Responsibility in the Global Fight Against Organized Crime, in Particular Drug Trafficking, Illegal Arms Trafficking, Trafficking in Persons and Cross-Border Terrorism.
OTHER LEGAL INSTRUMENTS
- The European Convention on Human Rights (ECHR, 1950)[1]
- The American Convention on Human Rights (IACHR, 1969)
- The African Charter on Human and Peoples’ Rights (ACHPR, 1981)
- OECD (2005) Security Sector Reform and Governance: Policy and Good practice.
- OECD-DAC Handbook on Security Sector Reform: Supporting Security and Justice.
TOOLS
- DCAF (2011) Legislating for the Security Sector Toolkit: Understanding Military Justice.
- DCAF (2011) Legislating for the Security Sector Toolkit: Principles Governing the Administration of Justice through Military Tribunals.
- DCAF (2011) Legislating for the Security Sector Toolkit: The South African Military Discipline Supplementary Measures Act.
- DCAF (2011) Legislating for the Security Sector Toolkit: The Colombian Military Criminal Code.
- DCAF (2015), Training Manual on Police Integrity.
- DCAF (2012), Toolkit on Police Integrity.
- DCAF (2011), Legislating for the Security Sector Toolkit: The European Code of Police Ethics.
- DCAF (2011), Legislating for the Security Sector Toolkit: 10 Basic Human Rights Standards for Law Enforcement Officials
- DCAF (2011), Legislating for the Security Sector Toolkit: Police Legislation Model: The Swedish Police Act.
- DCAF (2011), Legislating for the Security Sector Toolkit: Police Legislation Model: The Japanese Police Law and The Police Duties Execution Law.
- DCAF (2011), Legislating for the Security Sector Toolkit: Police Legislation Model: Republic of South Africa Police Service Act 68, 1995
- DCAF (2009), Legislating for the Security Sector Toolkit: International Police Standards Guidebook on Democratic Policing.
- OHCHR (1997), International Human Rights Standards for Law Enforcement: A Pocket Book on Human Rights for the Police.
- DCAF (2015), Legislating for the Security Sector Toolkit: International Standards for Financial Oversight in the Security Sector.
- Hans Born, Adrian Wills (2012) Overseeing the Intelligence Services. A Toolkit.
- DCAF (2011), Legislating for the Security Sector Toolkit: Understanding Intelligence Oversight.
- DCAF (2011), Legislating for the Security Sector Toolkit: Compilation of Good Practices for Intelligence Agencies and their Oversight.
- DCAF (2011), Legislating for the Security Sector Toolkit: The Canadian Security Intelligence Service Act
- DCAF (2011), Legislating for the Security Sector Toolkit: The Netherlands Intelligence and Security Services Act
- DCAF (2011), Legislating for the Security Sector Toolkit: The Argentinian National Intelligence Law
- Hans Born, Ian Leigh, (2005) Making Intelligence Accountable: Legal Standards and Best Practice for Oversight of Intelligence Agencies.
- DCAF, NATO (2015), Oversight and Guidance: Parliaments and Security Sector Governance.
- Hans Born (2015), Parliamentary Oversight of the Security Sector.
- DCAF (2015), Financial Oversight of the Security Sector a Toolkit for Trainers.
- Council of Europe Commissioner for Human Rights (2015), Issue Paper on Democratic and Effective Oversight of National Security Services.
- Hans Born, Adrian Wills (2012) Overseeing the Intelligence Services. A Toolkit.
- DCAF, UNDP (2008), Public Oversight of the Security Sector. A Handbook for Civil Society Organisations.
- Hans Born, Ian Leigh, (2005) Making Intelligence Accountable: Legal Standards and Best Practice for Oversight of Intelligence Agencies.
- NATO-DCAF, (2010), Building Integrity and Reducing Corruption in Defence. A Compendium of Best Practices.
- OECD, UNODC, The World Bank, (2013), Anti-corruption ethics and compliance Handbook for Business.
- OECD (2010), Good Practice Guidance on Internal Controls, Ethics and Compliance.
- OECD (2008), OECD Glossaries. Corruption. A glossary of international standards in criminal law.
- European Partners against Corruption, European contact point network against corruption (2011), Anti-Corruption Authority Standards.
Key source:
DCAF, Legislating for the Security Sector.