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Contemporary Memo

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Contemporary Memo Final Report on the Work of the Police Restructuring Commission of Bosnia and Herzegovina Final Report on the Work of the Police Restructuring Commission of Bosnia and Herzegovina Table of Contents 1. Executive Summary 2. Mandate and Methodology 3. Concept Paper 4. Territorial Disposition of Local Police Areas 5. Police Restructuring Implementation Strategy 6. Financial Factors and Police Restructuring 7. Legal Provisions for the Single Structure of Policing 8. Appendices 1 Final Report on the Work of the Police Restructuring Commission of Bosnia and Herzegovina 1. Executive Summary The Chair of the Bosnia and Herzegovina Police Restructuring Commission has determined an acceptable level of professional consensus exists for proposing to the Council of Ministers and the High Representative a “single structure of policing under the overall political oversight of a ministry or ministries in the Council of Ministers”. The proposal adheres to the 12 directing principles of police restructuring, enumerated in Article 2 of the Decision of the High Representative [Bosnia and Herzegovina Official Gazette 36/04], including a policing service that is, inter alia, efficient and effective, financially sustainable, reflecting the ethnic distribution in Bosnia and Herzegovina, protected from improper political interference, and accountable to the law and the community. The proposal stipulates that the Institutions of Bosnia and Herzegovina will be vested with exclusive competency for all police matters, which includes legislative and budgetary competency. The Minister of Security of Bosnia and Herzegovina will have responsibility for overall political oversight of the single structure of policing in Bosnia and Herzegovina. The independent, national Police Inspectorate will monitor the effectiveness and efficiency of the single structure of policing. The State Investigation and Protection Agency (SIPA), the State Border Service (SBS), and the new Local Police Bodies will form the Police Service of Bosnia and Herzegovina. The Local Police Bodies will operate in Local Police Areas commanded by Local Police Commissioners. The Local Police Bodies will prevent, detect and investigate common crimes, and provide rapid intervention, traffic control and safety, crowd control and public order to the citizens of Bosnia and Herzegovina. Community policing will be a main feature of police work in the Local Police Bodies. Groupings of existing municipalities will make up the Local Police Areas and technical policing criteria shall determine their geographical size, shape and location. The existing political lines between the entities, Cantons in the Federation or administrative regions in the Republika Srpska will have no direct significance in the formation of the Local Police Areas. In each Local Police Area, a Local Police Council, made up of local elected officials, members of the judiciary and community leaders, will maintain community oversight and accountability of the performance of the police. Local Police Councils will provide the mechanism for direct participation of citizens in the development of policing priorities and objectives in their area. A local policing plan for each Local Police Body will ensure local priorities are central to the work of the police. A transparent Public Complaints Bureau, accessible to the citizens, will ensure further public accountability for police performance 2 Final Report on the Work of the Police Restructuring Commission of Bosnia and Herzegovina A National Director of Local Police, with defined operational authority, will ensure that all Local Police Commissioners are cooperating and sharing information to the degree necessary to guarantee effective law enforcement across Local Police Areas. A state-level Conference of Directors and Commissioners, made up of the heads of the police services of the single structure, will meet on a regular basis to coordinate police activities throughout Bosnia and Herzegovina. A National Policing Plan, developed in harmony with Local Policing Plans, will set annual priorities and objectives to help ensure consistent and coordinated policing activities in Bosnia and Herzegovina. The state-level Police Administration Agency (PAA) will provide basic centralized support to the police services in the single structure, including coordination of recruitment, promotion and transfer of all police officials under a single set of standards, salary and rank conditions. The PAA will provide a human resources mechanism that will ensure that policing in Bosnia and Herzegovina generally reflects the ethnic structure of the population. A single police training system, operating under the Ministry of Security, will ensure the same standard of police education for all police officers serving in Bosnia and Herzegovina. Other common functions will include a centralized information technology and communications system accessible to all police services. The PAA will conduct common procurement of goods and services for all police services in Bosnia and Herzegovina to ensure inter-operability of equipment and cost-effective use of budgetary resources. Also, an independent State Forensics Service will offer modern crime solving technology to all police services in Bosnia and Herzegovina. A high profile senior professional with a solid reputation will head the implementation process in order to bring legitimacy to the role. This person will require the assistance of international police experts from the European Union. The current programmatic European Union Police Mission (EUPM) has already made significant improvements to the police in Bosnia and Herzegovina and has aligned its organization to the future needs of the implementation process. 3 Final Report on the Work of the Police Restructuring Commission of Bosnia and Herzegovina 2. Mandate and Methodology of the Police Restructuring Commission I. Legal Mandate High Representative’s Decision Establishing the Police Restructuring Commission The Police Restructuring Commission (PRC) based its work on the High Representative’s Decision of 2 July 2004, which mandated the PRC to propose a “single structure of policing under the overall political oversight of a ministry or ministries in the Council of Ministers”. (Appendix 1) Article 2 of the Decision enumerates twelve principles, to which the future policing service of Bosnia and Herzegovina must adhere. These principles include the requirement that the future policing service be efficient and effective, financially sustainable, reflecting the ethnic distribution in Bosnia and Herzegovina, protected from improper political interference, and accountable to the law and the community. In addition, it must ensure that policing is discharged in line with democratic values, international human rights standards and European best practice, and in inclusive partnership with local communities and civil society. In addition to making recommendations, the PRC had the mandate to suggest constitutional and legislative changes, where appropriate, to realize its proposal. The recommendations presented in the Chapter 2, “Concept Paper” and Chapter 7, “Legal Provisions for the Single Structure of Policing”, of this report represent an acceptable level of professional consensus within the PRC on how to build an effective police service that will provide security to the citizens in Bosnia and Herzegovina. II. Political Mandate A. The Case for Restructuring The international community has participated in police reform in Bosnia and Herzegovina, since the end of the war. Annex 11 of the General Framework Agreement for Peace (GFAP) established the International Police Task Force (IPTF), under the management of the United Nations Mission to Bosnia and Herzegovina (UNMIBH). IPTF had the mandate to monitor, observe, and inspect law enforcement activities and facilities, including associated judicial organizations; to advise law enforcement personnel; to train law enforcement personnel; to asses threats to public order; and to advise governmental authorities in Bosnia and Herzegovina on the organization of effective civilian law enforcement agencies. 4 Final Report on the Work of the Police Restructuring Commission of Bosnia and Herzegovina Through international police co-locators in police stations, IPTF provided daily support to the local police, and monitored the compliance of the police with international human rights standards. IPTF played a lead role in the establishment of the State Border Service (SBS). UNMIBH’s Human Rights Office engaged in the investigation of human rights violations by the police and intervened in cases of serious police misconduct. Through a process of certification, UNMIBH subjected all police personnel to basic background checks against minimum eligibility requirements, including screening for evidence of war crimes, and created a registry of all local police personnel. On January 1, 2003, the European Union Police Mission (EUPM) took over the police reform mandate of the IPTF. The EUPM, supported by the European Commission's institution building programmes and as part of a broader Rule of Law approach in line with the general objectives of Annex 11 of the GFAP, aims to establish sustainable policing arrangements under Bosnia and Herzegovina ownership in accordance with best European and International practice, thereby raising current police standards. The EUPM works specifically to develop police independence and accountability, to increase the capacity of the police to fight organized crime
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