Engaging with the Commonwealth on Police Reform

CHRI is committed to engaging with the official Commonwealth and to supporting other civil society groups to do this. Therefore, prior to the Commonwealth Law Ministers Meeting (held in Ghana in October 2005), CHRI facilitated a civil society meeting on Police Accountability in the Commonwealth Africa region. Participants came from Ghana, South Africa, Kenya, Uganda, Tanzania, Sierra Leone, Malawi, Nigeria, UK, India and Australia.

Participants affirmed the need to keep police accountable, through internal disciplinary systems within the police service, and external accountability to the three pillars of state, civilian oversight bodies and the community. They acknowledged the value placed by the Commonwealth on human rights, good governance and democracy, and the principles of the rule of law and accountability; and particularly noted the priority placed on policing by Commonwealth bodies such as the Expert Group on Development and Democracy which recommended that governments should commit to: “A police force that responds to the law for its operations and the government for its administration”. They then made the following recommendations:

Participants make the following recommendations to the Commonwealth Law Ministers, that they:

Prioritize early police reforms that strive to realize democratic policing as integral to achieving good governance and rule of law;

Mandate the Commonwealth Secretariat to work with member governments to implement the recommendation of the Commonwealth Expert Group on Development and Democracy that member governments should commit to ensuring “A police force that responds to the law for its operations and the government for its administration”.

Recommend that the Commonwealth pursue the development of democratic and human rights based policing in all countries of the Commonwealth.

Reform Police Acts in their countries where necessary to ensure that Acts incorporate and further the principles of democratic policing, eliminate impunity, and abide by international human rights and policing standards.

Address the issue of police reform holistically within the context of reform of criminal justice systems.

Ensure that other domestic laws, rules and regulations are conducive to democratic, accountable policing. Security and anti-terror legislation, for instance must protect civil liberties and human rights.

Pass legislation that can assist in the development of democratic, accountable and transparent policing, such as right to information laws.

Establish effective bodies to oversee the police, and ensure they have adequate resources, mandate and independence to function properly. These include National Human Rights Commissions, public complaints bodies and police service commissions.

Mandate the Commonwealth Secretariat to provide greater technical assistance to National Human Rights Commissions and other bodies to increase their capacity to provide oversight over the police.

Participants make the following additional recommendations to the Commonwealth, that it:

Engage with issues related to policing, to further democracy and development and adherence to the Commonwealth Harare Principles.

Develop Commonwealth Principles on Policing based on democratic principles and international standards.

Support member countries’ efforts to reform the police and develop a service based on democratic principles.

Develop a Commonwealth Association of Police Officers to share experiences and provide peer assistance and support.

Support regional efforts towards better policing, such as the development of the African Policing Oversight Forum (APCOF).