Public Security Model Legislation for the Americas: Basic Elements

Department of Public SecuritySecretariat for Multidimensional Security

General Secretariat

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Background

There have been major developments in the security sector in recent years

a) New dimensions and forms of violence, crime, and insecurity

b) Importance of human rightsc) New responsesd) New technologiese) Justice reformf) New concept of regional

security

To address these developments: Inadequate and/or weak laws to react to new security challenges

Background Reform of regulations and practices since 1990…

• Modify standards

• Introduce control mechanisms

• Change employees’ rights,

etc.

• Overhaul of institutional structures

• New ways of interpreting old rules• New role for citizenship• International and regional human rights systems• New technologies for collection and use of information• Etc.

• (orders of the day, deontological codes, resolutions by ministries or police chiefs to introduce new criteria for action)

Specific normative changes in legislation:

Broad normative changes:

Procedural changes:

Infralegal normative changes

What is a model law?A set of framework laws and recommendations,

represented by a series of principles of action and basic institutional structures that strengthen comprehensive, democratic, multi-institutional policies on public security in the region.

Schematically, a framework law..

Contains

For

•Principles for action

•Basic structures

•Democratic policies•Multi-institutional policies•Comprehensive and Inclusive policies

Function and use of international/regional norms

• Provide a framework to stimulate technical discussion of security policies in the region

• Recognize minimum standards for action of institutions and security policies in the region

• Promote and guide improvements in the public security area• Serve as a basis for responding to normative challenges in the new

problem areas in security• Serve as an instrument for training legislators, officials of the security

ministries, etc.• Facilitate a framework for drafting standards, decisions, and regional

cooperation programs• Strengthen a framework and common language to move ahead with

identification of coincidences and differences in a context of dispersion of criteria and norms

First Meeting of Ministers Responsible forPublic Security in the Americas

“Development of models of legislation and public policies in the area of security to incorporate all branches of government”

Examples of regional norms

• Model Criminal Procedure Code for Ibero-America

• European Police Ethics Code (recommendation Rec 2001 of the Committee of Ministers of the Council of Europe)

• Guidelines in conventions, such as those proposed in the

Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA), draft framework law on firearms, ammunition, and related materials–Parlatino.

Methodology

• Recommendations regarding institutional structures should result in processes that improve performance.

• Focus on norms capable of influencing security policies.

Collection and analysis

of national and local examples

of: legislation, regulations,

procedures, and routines that could

lead to regional principles and

recommendations. (Laws, ethics

codes, examples of action, good

practices, etc.)

Collection and analysis of existing models and general principles that have been positive. International and regional codes, OAS framework agreements, etc.

Venues for sharing the proposal

• Forum of presidents of the legislative branches (FOPREL) of Central America, Caribbean Basin, and Andean Region

• Meeting of Parliament Members of Mercosur

• Second Meeting of Ministers Responsible for Public Security in the Americas

Sources for regional guidelines 1

The objective of public security

policies

Institutional structure of the security system in a democratic

state.

Basic principles for the design and action of the security

system.

Governance structure for

security institutions.

Management structure for

security institutions.

Useful areas forregional guidelines II (cont.)

RM00050E

Professional training and

rights of security officials.

Control and responsibility

systems.

Production, use, and access to information.

Material resources and

technology.

International cooperation.