Commonwealth Heads Fail to Mandate an Expert Group on Policing

At the end of November, the Commonwealth Heads of Government came together in Uganda for their biennial meet, to discuss issues facing the Commonwealth and to set the Commonwealth's policy direction for the next two years. The theme of this CHOGM - transforming societies to achieve political, economic and human development provided unparalleled scope for the Heads to engage with some of the critical issues facing Commonwealth members, set the Commonwealth on a course that will support real change and realise the promise of democracy and development across the Commonwealth. Unfortunately, the Heads did not make the most of the opportunities the meet presented, particularly on the issue of police transformation, which is a key first step to achieving the functional, stable and effective democracies that are both a central promise of Commonwealth membership and an essential precursor to political, economic and human development.

Many of the police forces of the Commonwealth are archaic, unreformed legacies of colonial rule. These forces are defined by illegitimate political interference, partisan and brutal methods and an unrelenting loyalty to those in power, rather than the community. The community's experience of this policing is defined by corruption, illegal arrest and detention, excessive use of force, violence and a failure to follow due process. Until the police of the Commonwealth are transformed, true democracy will remain elusive and community development a failed hope.

Uganda hosted this year's CHOGM, and will chair the Commonwealth for the next two years. Policing in Uganda raises serious human rights and good governance issues and police reform is big news. The Ugandan police themselves are currently conducting an internal review of policing, ahead of an anticipated police reform process. Civil society organisations from across the country are taking up police reform as a central part of their work. A Government-mandated judicial inquiry sat in 1999 and 2000, found widespread corruption in police ranks and made a comprehensive set of recommendations for change. Policing continues to be a priority for the Government justice/law and order sector reform programme supported by international donor agencies. Change is also backed regionally, with the recent adoption of a resolution supporting police reform, accountability and civilian police oversight by the African Commission of Human and Peoples' Rights. The time for police reform in Uganda has arrived, work has begun, and there is an opportunity for the Commonwealth to get involved and assist the transformation of societies by supporting work on policing.

The Commonwealth Secretariat has done some work towards supporting police change. In 2002, the Commonwealth Law Ministers asked the Secretariat to work towards building police capacity on human rights issues. The Secretariat, through its Human Rights Unit, developed a human rights training manual for police in West Africa that took a “train the trainer” approach. The manual was released in December 2005, and was later further developed for use across the Commonwealth.

There have been more and more calls for the Commonwealth to do more work on policing, and, in particular, to set up an Expert Group to look into policing. One example of many was the 2005 Commonwealth People's Forum recommendation that the Commonwealth “establish a Commonwealth Expert Group on policing to develop guidelines on training, accountability mechanisms, legal regimes and mutual professional support to ensure democratic policing.”

At CHOGM, civil society, police organisations and members of Commonwealth communities were all looking to the Heads to mandate the Secretariat to set up an Expert Group. An Expert Group would have provided an opportunity to take a look at the way police are structured, develop Commonwealth Principles on Policing, assess legislative and structural alternatives to current systems and democracy, evaluate human rights education and police training and develop guidelines on training, accountability mechanisms and laws. This work would greatly support the police reform processes that are taking place within jurisdictions such as Uganda showcase good practice from across the Commonwealth, encourage cross-border learning and lead to real change across the Commonwealth.

The Heads failed to mandate an Expert Group, despite pressure from a wide range of stakeholders and popular support for the Group, instead reiterating past statements of support for the Secretariat's existing training work. While the training work is an invaluable first step to supporting the transformation of police organisations across the Commonwealth, it falls a long way short of the level of commitment that the Commonwealth must make if it is to realise its promise of democracy and ensure political, economic and human development. Uganda 2007 was one lost opportunity, but the coming years will provide many more chances for the Commonwealth to step up to the police reform plate. Fingers are firmly crossed that these opportunities will not also be lost.

For more information on the Commonwealth Expert Group on Policing, or the upcoming CHOGM, visit the CHRI website (www.humanrightsinitiative.org).