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1. The Role of Parliament in Police Governance: Lessons Learned from Asia and Europe

Author:
Mario Joyo Aguja, Hans Born, Arvind Verma, Aditya Batara Gunawan, Srisombat Chokprajakchat, Marleen Easton, Hartmut Aden, Peter Dillingh, and Vic Hogg
Publication Date:
01-2017
Content Type:
Book
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
As the primary agency for law enforcement, the police operates at close proximity to the public and exerts significant influence over the security of individuals and communities through its behaviours and performance. Therefore, ensuring accountability of both the individuals and institutions of the police is a fundamental condition for good governance of the security sector in democratic societies. The parliament, as the highest representative body in a democratic system, plays a significant role in maintaining police accountability. The objective of the edited volume on “The Role of Parliament in Police Governance: Lessons Learned from Asia and Europe” is to put forward good practices and recommendations for improving police accountability, with an emphasis on the strengthening of the role of parliament in police governance. The comparative analysis includes insights and lessons learned from eight country case studies including Belgium, Germany, India, Indonesia, the Netherlands, Philippines, Thailand and the United Kingdom. The findings of the cases studies can be taken into account when analysing and considering options for improving the accountability of the police to parliament as well as strengthening independent oversight bodies and parliament-police liaison mechanisms. However, it must be emphasised that these good practices always need to be adapted to the exigencies of the local context.
Topic:
Security, Governance, Law Enforcement, Criminal Justice, and State
Political Geography:
Geneva, United Kingdom, Europe, Indonesia, India, Asia, Philippines, Germany, Belgium, Netherlands, and Thailand

2. Oversight and Guidance: the Relevance of Parliamentary Oversight for Security Sector Reform

Author:
Hans Born and Philip Fluri
Publication Date:
03-2003
Content Type:
Working Paper
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
There is a widespread belief that security policy is a 'natural' task for the executive as they have the requisite knowledge and ability to act quickly. The decision to go to war, to contribute troops to multinational peace support operations, to conclude international treaties or to raise defence spending, to mention just some of the most important governmental security responsibilities, are regarded to be executive decisions. The stubborn perception exists that parliaments should be kept out of these decisions. Parliament tends to be regarded as a less suitable institution for dealing with security issues, especially given its often time-consuming procedures and lack of full access to the necessary expertise and information. Additionally, parliaments are regarded as ill-suited institutions for keeping classified information secret. However, this is a misperception. The past teaches us that parliaments do play a major role in matters of security in democratic states, both in times of war and peace. In the times of the Roman Republic, the Dutch Republic in the sixteenth century, Great Britain in the Second World War, or, more recently at the outbreak of the Second Gulf War, Parliaments across the globe have debated, influenced and exercised oversight over security policy and security sector reform, even in the middle of war.
Topic:
Security, Defense Policy, and Government
Political Geography:
Europe, Romania, and Dutch

3. Between Efficiency and Legitimacy: Democratic Accountability of the Military in the US, France, Sweden and Switzerland

Author:
Hans Born
Publication Date:
11-2002
Content Type:
Working Paper
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
During situations of national emergencies, natural disasters, conflict and war, state institutions have to act quickly and decisively in order to divert dangers. Every state and its society need to have a competent political leadership and government agencies that are able to act efficiently. From a democratic governance point of view, however, it is equally important that the decision-making process and the resulting outcome is both accepted and valued by the people. In other words, it is essential that the processes and outcomes of the state institutions are legitimate within a democracy.
Topic:
Security, Democratization, and Government
Political Geography:
Europe

4. Democratic and Parliamentary Oversight of the Intelligence Services: Best Practices and Procedures

Author:
Hans Born
Publication Date:
05-2002
Content Type:
Working Paper
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Intelligence services are an instrument in the hands of the state institutions, which can be used both for the better and the worse. If the intelligence services are in the hands of responsible democratic leaders, then intelligence contributes to the democracy's ability to function well. This is can be learnt from the history of the 20th Century: intelligence played a crucial role in helping to defeat Hitler, it played a significant role in preventing the Cold War from turning into a nuclear war and intelligence kept the super power arms race from getting totally out of hand2. On the other hand, if intelligence services are in the hands of those who are interested in conflict and coercion, intelligence can be used for the worse. Therefore, it is essential to secure democratic and parliamentary oversight of the intelligence services.
Topic:
Defense Policy, Government, National Security, and Politics
Political Geography:
Europe

5. Learning From Best Practices of Parliamentary Oversight of the Security Sector

Author:
Hans Born
Publication Date:
04-2002
Content Type:
Working Paper
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Winston Churchill once labelled the parliament as the workshop of democracy, and it goes without saying that the parliament does play a central role in any democracy, though this role may greatly vary across political systems. While parliaments may range from ornamental to significant governing partners, they have some common characteristics, which include three basic functions that they perform: representing the people, making (or: shaping) laws, and exercising oversight. Parliaments articulate the wishes of the people by drafting new laws and overseeing the proper execution of those policies by the government. In short: the parliament is the mediator between government and the people.
Topic:
Security, Defense Policy, Democratization, and Politics
Political Geography:
Europe

6. Democratic Oversight of the Security Sector. What Does it Mean?

Author:
Hans Born
Publication Date:
04-2002
Content Type:
Working Paper
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Democracy always implicitly presumes unlimited civilian supremacy over the command of the armed forces – anything short of that defines an incomplete democracy. But what exactly is democratic oversight, and how can we conceptualise it? Generally speaking, we see a state's system of democratic oversight as being a product of its system of government, politics, history and culture. Aditionally, as there are many different cultures and political systems, many different norms and practices of democratic oversight also exist. Consequently, and for better or worse, there is no single, definitive normative model for democratic oversight. At least several models are present, some of which appear to contradict others. Keeping this in mind, the main question of this chapter is 'how can democratic oversight be conceptualised?' The following questions relating to the issue will be addressed:
Topic:
Defense Policy, Democratization, and Politics
Political Geography:
Europe