Overview[ edit ] Definitions of complexity often depend on the concept of a confidential " system " — a set of parts or elements that have relationships among them differentiated from relationships with other elements outside the relational regime. Many definitions tend to postulate or assume that complexity expresses a condition of numerous elements in a system and numerous forms of relationships among the elements.
In Tanzania, like in other Commonwealth countries, efforts are being initiated to reform policing laws and oversight mechanisms.
This is because existing legal and policy frameworks inherited from the colonial regime are not in accordance with international and democratic standards of policing and do not protect human rights adequately.
More and more countries, particularly those making political transitions to democracy and those engaged in genuinely deepening democracy, are adopting a democratic model of policing, which is founded on principles of equity and equality, accountability, transparency, participation, respect for diversity, the accommodation of dissent, protection of individual and group rights, and encouragement of human potential.
This is the first paper by the Forum and deals with the relationship between the police and the Executive arm of the State.
It is crucial to properly define and condition this relationship, particularly the roles of the police and the executive, to achieve truly democratic policing. This paper provides the contours and needed components for a healthy relationship between the police and executive based on democratic norms.
In particular, it will explain how this can be achieved in law and policy, why it is needed, and how policing and democracy more largely in Tanzania will benefit.
In doing so, we will draw on the best practices and legal formulations in Africa and overseas. The police are implementers. As such, the police and the Executive are both bound together in the common endeavour of preventing and responding to crime, maintaining law and order and ensuring that the people have a well-functioning police service that protects life, property and liberty.
This manifests itself in a variety of ways including: Manipulating police recruitment; Promotion and dismissal practices to suit personal and political purposes; Bringing political elements into crime control and investigation; or Using the strong hand of police to endanger political stability.
Conversely, the police at all times must remain firm in being accountable to the law and all established oversight processes and mechanisms, both internal and external.
Police operational independence vs. Defining and understanding this concept can be tricky and therefore is usually done by describing its features and elements. Tanzania is not an exception. Police General Order No. Undue influence, political, religious or otherwise should not be allowed in police decisions as these may have an adverse effect in delivering justice.
This is in fact an ideal framework. Other definitions put emphasis in different areas. For example, the European Code of Police Ethics stresses the need for the police to be free of political interference. The Commission explained its rationale the best in its own words: Indeed, given the extraordinary powers conferred on the police, it is essential that their exercise is subject to the closest and most effective scrutiny possible.
It is this rationale and conceptual framework that should lay the foundation for understanding the role and powers of a police organisation in a democracy. The general principle is that the police, no less than any other state agency, must be subject to democratic superintendence, control and accountability for their activities, through the usual political, judicial and administrative processes.
The areas in which the police should be able to act independently relate to both law enforcement and administration. Regarding law enforcement, the police should be independent in their decision-making with respect to enforcing the law in individual cases.
This includes the important operational decisions about whom to investigate, search, question, detain, and arrest in a particular case. Governments are not precluded from advising police of their views with respect to police decisions that may have significant public policy or public interest implications e.
However, in all such cases the government: Must not seek to exert undue pressure; Should acknowledge that the ultimate operational decisions in such cases rests with the police; and Must keep a written record of any such intervention which must be made public and available for judicial review as early as possible.
When the balance is right and the operational responsibility of police is ensured, the foundation for democratic policing is cemented.
Police soon feels the benefits of doing their work without interference from the government, that keeps an eye on police nevertheless to guarantee accountability and transparency. In time, police can expect the public to be more cooperative i.
How this can be achieved in practice There are four key elements to cement and codify the relationship between the police and the executive to prevent illegitimate political interference in policing.JF Andrews offer a full range of consultancy, design, installation, and after sales services in the supply of power generation and pumping solutions.
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