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Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

2018 Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries Supported by The Office of the Research Fund (TRF) and the , 2018

Project Advisors : Mr. Nuttavudh Photisaro : Asst. Prof. Police Kasemsarn Chotchakornpant, Ph. D. : Colonel Phongthon Thanyasiri, Ph. D. : Police Colonel Anucha Sutthayadilok : Police Colonel Khemmarin Hassiri Project Manager : Police Lieutenant Piya Uthayo, Ph. D. Researchers : Police Colonel Preeda Sataworn, Ph. D. : Professor Police General Veerapol Gulabutr, Ph. D. : Assoc. Prof. Police Krisanaphong Poothakool, Ph. D. : Police Colonel Kissana Phathanacharoen, Ph. D. Research Assistance : Asst. Prof. Police Lieutenant Colonel Seksan Khruakham, Ph. D. : Asst. Prof. Police Lieutenant Colonel Siriporn Nuchsamnieng, Ph. D. : Police Lieutenant Colonel Thanradee Donavanik : Police Major Kittipan Tantangjareonchai : Police Major Ratree Supapun : Police Major Chorn Phonpragit First Edition : September 2018 (400 Copies) Published by : Royal Thai Police (Royal Police Academy) 90 Mu 7, Samphran Sam Phran, Sam Phran, Chang Wat Nakhon Pathom 73110 TEL : 0 3431 2020 Fax: 0 3431 1105 http://www.rpca.ac.th Printed by : University Printing House, , Thailand TEL: 0-2218-3549-50, 0-2218-3563 Fax : 0-2218-3550, 0-2215-3612

“The views and opinions expressed in this book are those of the authors and are not necessarily shared with the Thailand Research Fund”

National Library of Thailand Cataloging in Publication Data Piya Uthayo and others. Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries-- Nakhon Pathom : Royal Thai Police, 2018. 500 pages. 1. Police Administration. 2. Police. I. Subject. 353.36 ISBN 978-616-8080-18-4 Introduction

Public safety in Thailand, especially concerning crime, has been more challenging while entering into the ASEAN Community in 2015. This challenge has occurred with the factors of international connectivity, including information connectivity relying on modern information and communication technology, and transport connectivity. Such complex connectivity provides more convenient and faster travel. Thus, traditional security models may not be sufficient for the current context of public safety services. The Thailand Research Fund (TRF) has been aware of the importance of knowledge and the development of public safety maintenance in line with a changing context. This awareness is consistent with TRF’s strategies to support research which produces new knowledge and innovations. These new research products are to keep pace with or surpass global changes. Therefore, the can apply knowledge to create alternatives to country development. The book “Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries” is a product of the research project “A Comparative Study of Police Administration and Related Laws for Providing Public Safety in the ASEAN Countries” and the research project “Knowledge Management for Police Administration and Laws in the ASEAN Countries for Public Safety,” supported by the TRF. The objective is to enhance Thailand’s public safety now and in the future. The roles and missions of the Royal Thai Police as a agency in of and may change to face new challenges. In this regard, the department would like to express its gratitude to Police Piya Uthayo, Ph.D. and the research team from the Royal Thai Police Academy for their dedication. They have collaborated and applied knowledge to compile this book. The book is expected to disseminate great knowledge widely and to shape an understanding about police administration or related laws on public safety within ASEAN nations. The TRF strongly hopes that the knowledge produced from this research will benefit societies and the country as a whole. The knowledge can be applied to create an understanding and preparedness for changes in public safety services within the country in the future. Furthermore, the knowledge will lead to measures and guidelines which are required to upgrade public safety for all sectors.

Prof. Suthipun Jitpimolmard (MD) Director, the Thailand Research Fund Introduction

The Public Wellbeing , under the Thailand Research Fund (TRF), has missions to create knowledge and promote the capacity building for researchers and researcher networks to ensure their expertise in coping with new threats to the environment, natural resources, and public safety. The goals are to produce knowledge to support policy decision-making and to enhance the capacity of society to address more complex issues. That would provide a proactive defense for future risk management through close collaboration among academia, policy makers, and other sectors of the country. The Division has been aware of the rapid change in the context of public safety service in different times. Especially, the transition to the ASEAN Community is a driving force for a rapid extension of the scope of socio-economic development. This development has resulted in a more challenging environment of ‘public safety’ in ASEAN nations for concerned parties. To create knowledge to foster efficient management of this issue, the Division has provided fund for the research project entitled “A Comparative Study of Police Administration and Related Laws for Providing Public Safety in the ASEAN Countries.” One objective of this research project was to analyze police administration policies and approaches for Thailand as part of the ASEAN Community. Another objective is to reveal the strengths and weaknesses of police administration and related laws of the 10 ASEAN member countries. Last but not least, the research also demonstrates operational guidelines for Thai police officers to efficiently enhance their public safety capacity in Thailand as part of the ASEAN Community. The research team has gathered insights into maintaining public safety of ASEAN nations. The term conducted a detailed and systematic analysis and communicate to the readers in an interesting way. This book contains data which are valuable to be disseminated. In this regard, the Division would like to express its gratitude to the research team and all concerned parties for their contribution to the completion of this research project and this book, which is entitled: “Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries” The Division hopes that the knowledge contained in this book will contribute to an understanding by the general public, interested persons, and concerned agencies about police administration and related laws in ASEAN nations. I strongly hope that the knowledge from this research will support concerned parties to work together to develop and advance public safety development policies to lead changes characterized by efficient and effective operations in the future.

Assoc. Prof. Chanathip Parino, Ph. D. Director, the Public Wellbeing Division Introduction

Providing public safety from crime in these days is a task that is more complicated than it was in the past. Such complication is caused by the complexity of social conditions, economic growth, technological advancement, rapid and convenient transportation, and borderless communication. Unavoidably, such increasingly complex crime has challenged the way police officers exercise their duties on providing public safety in today’s world. Thailand is a member of the Association of Asian Nations (ASEAN), which is comprised of ten member countries. The ten member countries share either similarity and difference in various aspects, such as environment, society, economy and politics. The difference thus brings about alternative crime conditions and police administration. Furthermore, transnational threats to public safety are a key reason why each country need to learn from one another about the differences in circumstances, crime conditions, police administra- tion and laws of their neighboring countries for providing public safety from crime. The member countries can make use of the lessons learned for their own adaptation, development and preparedness in responding to crimes more effectively in the future. This research provides an insight into police administration and relevant legal systems for providing public safety in the context and circumstance of crime. The Office of the Office of the Thailand Research Fund (TRF), the Royal Thai Police (RTP), and police organizations from all ASEAN member countries have shared great support and contributed to the achievement of this research. All the participating police organizations allowed us to study their organizations, collect field data, and provide data and information for this research. In this occasion, the researcher team would like to extend our gratitude to them and strongly hopes that the findings of this research would benefit police organizations in Thailand and other ASEAN member countries. Hopefully, the readers are able to use the research for their organizational development and strengthening good police- to-police cooperation in combating crime together for our safer ASEAN community.

Police Lieutenant General Piya Uthayo, Ph. D. Chief of the Research Project Table of Contents Page Chapter 1 Introduction 1 1.1 Background and Significance of the Study 1 1.2 Objectives 3 1.3 Scope of the Study 3 1.4 Research Framework 4 1.5 Methodology 4 1.6 Expected Benefits 5 Chapter 2 Police Administration and Related Laws 6 for Providing Public Safety in the ASEAN Countries 2.1 Brunei Darussalam 6 2.2 Kingdom of Cambodia 13 2.3 Republic of 22 2.4 Lao People’s Democratic Republic 35 2.5 46 2.6 Republic of the Union of 61 2.7 Republic of the Philippines 76 2.8 Republic of 96 2.9 Kingdom of Thailand 110 2.10 Socialist Republic of 130 Page Chapter 3 Comparisons of Police Administration and 144 Related Laws for Public Safety in the ASEAN Countries 3.1 Basic Information: Socio-economic and 144 Crime Conditions 3.2 Political Structure 158 3.3 Police Structure and Administration 162 3.4 Laws Related to Police Law Enforcement 191 3.5 Building Public Safety Partnerships 194 3.6 International Policing 199 Chapter 4 Conclusions and Recommendations 209 4.1 Key Lessons from the Comparison of Police 209 Administration in the ASEAN Countries 4.2 Suggestions for Thai Police Administration 222 References 229 List of Illustrations Page Figure 1 Locations of ASEAN Member Countries 146

List of Tables Page

Table 1 Socio-economic Data of ASEAN Countries 149 Table 2 Safe Cities Index 2017 154 Table 3 Historical and Current Political Regimes of ASEAN 160 Countries Table 4 Comparison of the Evolution of Police Organizations, 172 Police Structures, and Personnel Development in ASEAN Countries Table 5 Police Education and Training Institutions and 182 Training Systems Table 6 The Global Competitiveness Index 2017-2018 221 Rankings for the Reliability of Police Services

Chapter 1 Introduction

1.1 Background and Significance of the Study In today’s world, using conventional methods are not enough for any countries to safeguard the welfare and safety for life and property of their citizens. Public safety is challenged by both internal and external threats, and the scope of the threats is even more expansive than a few decades before. Since the end of the Cold , globalization has caused rapid socio-economic and political changes. State security has been challenged by multi-dimensional problems, such as, transnational crimes, illegal immigration, cybercrimes, narcotics, and natural disasters. Furthermore, state security has been shifted to human security and public safety. To safeguard public safety, it is important to take internal and external factors into account when considering the international context. In Southeast Asian , Thailand is a member of the Association of Southeast Asian Nations (ASEAN). ASEAN comprises

1 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries of 10 members, namely Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. ASEAN is an integration of different nations in responding to security issues of the region during the , which aimed at strengthening the member states and equipped them with the power of negotiation with superpowers outside the region.1 Despite significant changes in the circumstances with the region, the end of the Cold War, the member countries are still required to cooperate in combating various threats to national security and the safety of their citizens. ASEAN countries have encountered different forms of challenges. In the form of traditional security, security threats arise from other states, which are the main actor in the international system. Another form of national security threats, however, is posed by non-state actors. These threats include and transnational crime.2 Besides, economic connectivity among and beyond ASEAN countries have been adopted to advance information and communication technology. They aim at generating economic growth and efficiently develop mechanisms for cooperation among police agencies in ASEAN countries. That causes an enhancement in providing public safety and preparing for new security threats, coordination among police agencies in ASEAN countries for transnational crime and terrorism prevention and suppression, and cooperation for law enforcement in ASEAN countries. Nevertheless, such connectivity has somehow caused some social problems, for example, crime, declining public welfare and poor public safety. Therefore, it is very critical to 2 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries understand about the police working systems, police organization, legal systems, law enforcement for providing public safety, and the justice process of ASEAN member countries. In addition, learning about police administration of neighbouring countries can facilitate the development of Thai police organizations for providing more efficient public safety for lives and property of citizens.

1.2 Objectives 1.2.1 To study police administration and related laws that can be enforced in the criminal justice procedures for providing public safety within the ASEAN member countries. 1.2.2 To compare police administration and related laws for providing public safety between ASEAN member countries and to compare the levels of preparedness for incident response between ASEAN member countries when they all become the ASEAN Community.

1.3 Scope of the Study This research focuses on police administration in both national and local levels of analysis. This research also includes legal systems related to public safety of life and property of the ten ASEAN member countries, which are Brunei, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. This research has the scope of its content as explained in the research conceptual framework. 3 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

1.4 Research Framework According to its objective – to describe police administration and legal systems related to police law enforcement officers—this research explores related theories and concepts in the fields of pub- lic safety, for example, criminological theories related to offences and how to respond to crime, police administration and organization, public participation, and community policing. In addition, the research team studied various concepts related to legal systems and interna- tional police cooperation. The studies are necessary for a comparative research and for constructing the research framework, as illustrated in the chart below:

1.5 Methodology This comparative study research uses the qualitative methodology. Data collection is organized by the means of document research, in-depth interviews, fieldworks in all ASEAN member coun- tries, focus groups, and brainstorming workshops. 4 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

1.6 Expected Benefits 1.6.1 Knowledge about the police administration and related laws of ASEAN member countries for providing public safety of life and property from crime. This knowledge will be beneficial to policy making, administration, and development of cooperative mechanisms for preventing and suppressing domestic crimes, crimes linked to other ASEAN countries and beyond. 1.6.2 Learning experience in police administration, including the strengths and weaknesses in each ASEAN country. That learning experience will help improve and develop police works in public safety and solve certain issues discussing in the police reform initiatives. 1.6.3 An opportunity for developing and promoting cooperation between agencies and similar agencies in other countries which are responsible for providing public safety of life and property from domestic crime. 1.6.4 Knowledge about police administration of ASEAN member countries, which will help prepare manuals for police officers, other agencies in the criminal justice procedure, and the general public. Further, the knowledge can be used in additional in-depth research on individual topics.

5 Chapter 2 Police Administration and Related Laws for Providing Public Safety in the ASEAN Countries

2.1 Brunei Darussalam 2.1.1 Socio-economic Conditions Brunei or Brunei Darussalam is located on Borneo Island. Its northern part is a coastline stretching to the South Sea. Its land area, covering 5,770 sq.km, is surrounded by Malaysia’s Saravak. It has a population of 423,2003, consisting of Malay (67 percent), Chinese (15 percent), and others (18 percent). The religion of the state is Islam, and most of its population is Muslim (Sunni Islam, 67 percent). Other religion includes Mahayana Buddhist (13 percent), Christian (10 percent), and other (10 percent)4. The national language is Bahasa Malaysia. Brunei’s gross domestic product (GDP) is 11.4007 billion US dollars and its GDP per capita is 26,938.5 US dollars. Its GDP growth rate in 2016 was -2.5 percent. Its overall economy is contributed to the products of petroleum and natural gas, generating 95 percent of its total revenue, and they are a state-owned industry. 6 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

Brunei has a low crime rate, and there has been no report on incidents of terrorism or unrest in Brunei. Most crimes in Brunei are non-serious crimes, for example, property crimes, break-in, physical assaults, and quarrels. An interesting crime is cross-border crime, for example, stealing cars or motorcycles and sending them across the border, illegal immigration, and smuggling. A key factor that puts crime in Brunei at a low level is strict law enforcement. Brunei has strong social measures as Bruneians are being religious. Brunei has a small population which access to good welfare pro- vided by the state. The population earns a large amount of money from oil resources. Given the fact that the population has good living conditions, the risk of crime reduces. 2.1.2 Political Structure Brunei’s political regime is an absolute . The King or Sultan of Brunei has the absolute power and serves as the head of the state. The King’s assistant is called Grand Viziers who is directly designated by the King. The prominent feature of the regime is unity and fraternity of the citizens. People in Brunei respect the Sultan who are trusted to holds justice in line with Islamic principles5 Brunei is a unitary state because of the centralization of public administration, without decentralization to lower levels of administrative units. The public administration gives commands through the top-down , from the King or Sultan to ministries and departments, to Daerah (district), Mukims/wards (sub-district), and then to Kampungs (village) which the lowest administrative unit. 7 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

2.1.3 Police Organizational Structure and Police Adminis- tration The police force in Brunei was formed during Brunei became a British protectorate. On 31 December 1905 and 5 January 1906, Brunei signed a treaty called the 1905/06 Treaty with the UK. This treaty changed Brunei public administration and police affairs. The first of police officers consisted of Pathan and Sikh. The Brunei Police Force was established by G. McAfee who was designated as the Brunei Police Chief in 1917.6 The Royal Brunei Police Force (RPBF) was officially founded on 1 January 1921 after police law came into effect in 1920.7 In the Royal Brunei Police Force, the Commissioner of Police serves both the oversight and administrative functions. The Royal Brunei Police Force directly answers to the Prime Minister’s (PMO) who is under the supervision of the Prime Minister. As the King or Sultan acts as the Prime Minister, he holds the power to oversee the Brunei Police Force. The King is also the General of Police which is the supreme of the Brunei Police Force (equivalent to the Commissioner of Police). However, in practice, the Commander of Police supervises and gives commands to daily operations and administration of police organizations. The constituent bodies that provide public services under the Royal Brunei Police Force are of Police Districts (four districts) and police stations. The Royal Brunei Police Force has 4,400 officers, and

8 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries the police-population ratio in Brunei is 1: 99. Gaining trust from the general public, police career is a dream job for Brunei citizens. The Training Centre in Gadong trains police officers and law enforcement officers in Brunei. In addition, the Brunei government has provided scholarships for international education in the countries like Singapore, Malaysia, and the UK.8 Brunei has adopted the British police ranks which are divided into three groups: 1) Lance , Corporal, Sergeant, Sergeant, and Sergeant Major. 2) Commissioned police, i.e. Cadet , Probationary Inspector, Inspector, Senior Inspector, and /Assistant . 3) Senior executives, i.e. , Deputy Superintendent, Superintendent, Senior Superintendent, , Senior Assistant Commissioner, Deputy Commissioner, Commissioner, Deputy Inspector General of Police, and Inspector General of Police. Brunei police retire at the age of 55 and no policy extends the retirement age beyond that age. Retired police receive a monthly pension amounting to two thirds of the last salary before retirement. The monthly pension is given until the age of 70 and the pension received then would be amounting to the last salary before retirement.

9 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

In Brunei’s police administration, strategies are formulated to achieve the vision of Towards Sustainable Peace and Security Together (TSPST). These strategies are aimed at reducing Brunei’s vulnerability to new security threats. As a small state, Brunei ensures efficient administration and continue to upgrade the levels of security and safety of its people and communities. That makes the Brunei Police Force modern and able to collaborate with other organizations to combat crimes and promote its national security.9 The young citizens constitute a high proportion of the overall population in Brunei. Over half of its population is under 25 years and those who are between 15-24 years account for the highest proportion. Youth are considered to be a valuable resource. Brunei has challenges from both inside and outside of the country. These challenges include a higher unemployment rate and drugs. The Brunei government has formulated the National Youth Policy to ensure that its young citizens remain a valuable human resource to the country and to encourage them to take part in social, economic and cultural affairs of the country. 2.1.4 Laws Related to Police Law Enforcement Brunei’s legal system is inherited from British Common Law which the trials are based on judicial decisions in prior cases and the judge decisions in future trials are bound to follow the precedential decisions. There are both civil and criminal laws. A significant change to criminal law in Brunei was in 2014 when Sultan Haji Hassanal

10 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

Bolkiah proclaimed that Shariah Law is the criminal law that governs the country. Before that, Sharia Law was applied only to family and heritage matters. Brunei was the first country in ASEAN to apply Shariah as criminal law.10 The proclamation of the Sharia Law was criticized by many human rights organizations and international organizations as they believed that the law would result in human rights violations. However, the Brunei government argued that the belief in laws helps bring peace and order, reduces domestic crimes, and reduces human rights violations. The Brunei government called for international understanding of the decision they had made. Criminal procedures in Brunei follow the criminal procedure code, penal code, and the Evidence Act. Police officers have the authority to arrest offenders and detain arrestees for 48 hours for investigation. After that, they are required to charge and prosecute or release them.11 2.1.5 Building Public Safety Partnerships Building public safety partnerships in Brunei is influenced by the community policing concept. This concept has been applied to create cooperation and collaboration among police officers, community leaders, and community members. This concept was part of the 2007-2016 Brunei Police Strategy which aimed to address priority in different crime types and crime areas. The community policing concept has been implemented in Brunei through a cooperative mechanism called “Neighborhood Watch” 11 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

(Pengawasan Kejiranan Kampong in Bahasa Malaysia). This mechanism was officially launched in 1989 for instilling a sense of ownership and responsibility into the citizens so that they would maintain peace and order and safety in their localities. It was first implemented in Kampong Madang, Berakas, in 198912. The Implementation of this mechanism created coordination between the Public Relations Units of the Royal Brunei Police Force and District Police, police stations and local communities. 2.1.6 International Police Affairs The Brunei National Police Force became a member of the International Police Organization () on 4 September 1984. The Brunei National Central Bureau (NCB) serves as a coordinating unit. Brunei became the 6th ASEAN member on 7 January 1984 and joined ASEANAPOL in the same year.13 Brunei has a continuous long border of 481.3 km with Malaysia on Borneo Island. This results in occurrence of cross-border crimes, such as car theft across the border between Brunei and Malaysia. Cooperation between these two countries exists in addressing this issue. In addition, Brunei and Singapore, both being as a small ASEAN country, have a good relationship. The Brunei Royal Police Force regularly sends their police officers to take training courses and degree programs at the in Singapore.

12 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

2.2 Kingdom of Cambodia 2.2.1 Socio-economic Conditions Situated on the Indochinese Peninsula, Cambodia or the Kingdom of Cambodia neighbours Thailand to the west and north, Laos to the north, and Vietnam and the Gulf of Thailand to the east. The land covers an area of 181,040 sq.km and has a population of 15,762,370.14 Most Cambodians believe in Theravada Buddhism (95 percent), which is divided into two sects – Dhammayuttika and Mahayana (there are two Buddhist apostles in Cambodia). Other religions include Islam (3 percent), Christianity (1.7 percent), and Hinduism (0.3 percent). 15 Cambodia’s gross domestic product (GDP) is 20.01675 billion US dollars, which is 1,269.9 US dollars per capita. Cambodia used to have a low growth rate of GDP and GDP per capita compared with other countries in ASEAN. But in 2016 Cambodia enjoyed a GDP growth rate of 6.9 percent.16 That is the highest rate among ASEAN countries in the year. Seventy percent of its population works in the agricultural sector. Apart from that, The Cambodia population has 17 percent working in the manufacturing sector, 8 percent in the industrial sector, and 5 percent in the construction sector. Each year, new casinos with a large amount of funds are injected into Cambodia. This has resulted in Cambodia having the most casinos in the Greater Mekong Sub-region and becoming the largest gambling hub in Southeast Asia.

13 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

Most crimes in Cambodia involve occasional property crimes and break-in. Low rate of serious crimes is reported in Cambodia and most of the offenders have the intention to get property without harming victims. Criminals’ target areas are transportation hubs, markets, fairs, riverside tourist attractions, and crowed buses. Potential crimes include pickpocketing and purse snatching. In particular, the bags of three-wheel rickshaw passengers are sometimes snatched.17 In addition, A high rate of motorcycle-theft cases is reported because motorcycles are a popular transporting vehicle for locals. The cases include motorcycle robbery, even occurring while drivers are driving. The criminals push the drivers down on the road and then rob the motorcycle away. Another type of frequent property crime is stealing mobile phones. A lot of crime in Phnom Penh committed by young offenders who often have violent quarrels and cause injuries and even death.18 Concerning drug issues, Cambodia is a transit and import country for drugs. Based on national crime statistics in 2015, approximately 60 percent of the prisoners who was sentenced to medium to high punishment were drug users. That demonstrates a major cause of non-safety in Cambodia. Drug users are divided into two groups. The first group includes those who have bad behavioral history, such as youth who do not study at school, and jobless people. The second group represents those who have already committed an offence. The most common-found narcotics are methamphetamine and heroin. 14 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

2.2.2 Political Structure Being under a democratic regime with the King serving as the head of the state, Cambodia is a single state with the sovereign power divided into three branches: the legislative, the administrative, and the judiciary branches.19 The administrative branch of Cambodia is divided into two parts. In the first part, the central administration consists of 27 main ministries and independent offices (equivalent to the bureau) and the second part is a regional administration which is divided into into provinces, districts, sub-districts, and villages. 2.2.3 Police Organizational Structure and Police Adminis- tration Cambodia was a French protectorate from 1863 to 1883. On 17 June 1884, Cambodia signed the Franco-Khmer Treaty, allowing French domination over Cambodia. However, this treaty stated that Cambodian civil servants have the authority to govern their territory under the oversight of France. Thus, Cambodians put their own efforts to create social safety and security and maintain social order in collaboration with French police for 61 years (1884-1945), before the National Police was founded on 16 May 194520. With such a long time, keeping internal peace and order in Cambodia is influenced by the French. Also, Cambodia’s police system has been influenced significantly by the French system of policing.

15 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

Police organizational structure and the law enforcement system in Cambodia differ from other ASEAN member countries. The General Department of Police is a department-level body under the Ministry of the Interior. There are also other department-level police agencies affiliated with the Ministry of the Interior, for example, the Police Academy and the General Department of Immigration. Personnel in these agencies are police officers with police and ranks. Cambodia has the Royal of Cambodia, a semi-military force under the Ministry of Defense, which is under the direction of the Supreme Commander. Influenced by the French, the Royal Gendarmerie of Cambodia has the authority to investigate and arrest offenders, regardless they are ordinary people or military officers who commit criminal offences. Police officers working under the Ministry of Interior have no authority to arrest or investigate offenders who are military officers. Instead, they serve as a support unit for other agencies in law enforcement. Under the General Department of Police, regional police agencies are dividied into three levels: 25 provincial/Phnom Pehn Police Force (equivalent to provincial police stations in Thailand), 193 district police stations (equivalent to police stations in Thailand), and 1,621 local police stations (equivalent to sub-police stations in Thailand). The roles and responsibilities of Cambodian police are not limited to crime prevention and suppression but also include controlling crimes and maintaining peace and order. In doing so, they are responsible for maintaining local demographic statistics; providing national ID card 16 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries and house registration service; providing safety for local people; controlling suspects and ex-convicts, people with criminal behaviors, and immigrants; preparing local data; and controlling workers in local manufacturing factories because most of them are migrant workers. The General Department of Police has approximately 56,000 police officers. 5.68 percent of the police are female and most of them are responsible for administrative jobs. The annual recruitment of new police officers are based on the factors of budget allocated, population, and the requirements from affiliated agencies. Cambodia’s police ranks are similar to military ranks, ranging from Police General to Police Sub-Lieutenant and from Police Sergeant to Police for non-commissioned police. The police officers with the ranks of Police Colonel and above retire at the age of 60 while the police officers with the ranks of Police Lieutenant Colonel and below retire at the age of 55. The General Department of Police has no non-rank police officers. Cambodian police are recruited from the citizens who finish Grade 12. The police positions in the General Department of Police requires applicants who are ordinary people holding a bachelor’s degree or above. After having passed the recruit exam, the applicants need to attend 3-month training at the Police Academy and will be assigned to a particular agency. After working for a certain period, they will then be trained in the field as assigned. Being a department- level agency under the Ministry of the Interior, the Police Academy

17 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries provides short and long-course training for police officers who have high school qualifications. It offers a four-year undergraduate program, a master’s degree program, and a basic training program. There are six police training centers under the Cambodian Police Academy across Cambodia. 2.2.4 Laws Related to Police Law Enforcement In the old days, Cambodia’s legal system was influenced by Buddhist and Khmer traditional beliefs. When Cambodia was dominated by France and signed a treaty to become a French protectorate state in 1863, the Cambodian legal system was influenced by the French legal system and was changed to a civil law system21 or code of laws system. Civil law is the primary law for case trials and judgments. The Cambodian justice system involves institutions such as the Supreme Court, Appellate Court, Provincial/Municipal Courts, Military Court, and Extraordinary Chambers in the Courts of Cambodia (ECCC),” which were established for trials involving serious criminal crimes that happened in under the Khmer Rouge Regime.22 In the Cambodian criminal procedure, prosecutors play a key role in the investigative process of law enforcement agencies. The Department of General Prosecution consists of three divisions23, which are outlined below. 1) The Office of Investigation and Supervision of Investigation is in charge of ensure legal compliance in investigation and inspect investigation documents. 18 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

2) The Criminal Office supports the Department of General Prosecution in exercising the right to conduct a criminal procedure, file charges, and prepare documents for filing criminal cases. 3) The Civil Office supports the Department of General Prosecution in the civil cases that affect state interest or civil cases related to minors and persons with disabilities. Prosecutors have the authority to determine the accusations, issue arrest warrants, conduct searches and make arrests as police officers, and file criminal cases. According to the Constitution of the Kingdom of Cambodia, prosecutors shall have the right to file criminal cases. The organizational structure of prosecutors is divided into 1) prosecutors of the court of the first instance, 2) prosecutors of the Office of the Appeal Court, and prosecutors of the Office of the Supreme Court.24 Judicial Police or Gendarmerie has the authority to investigate and arrest offenders with flagrant offences when an arrest warrant is not required. In the case when an arrest warrant is required, prosecutors have the authority to issue an arrest warrant. In important cases, investigative judges issue an arrest warrant or order an arrest, and the arresters must inform the arrestees of their rights under the Constitution and the memo on arrest. After an arrest is made, the arrestees must be taken to a and detained for 48 hours, or 72 hours for major cases or special cases. In the case when

19 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries offenders are arrested based on an arrest warrant from the court, they shall be sent to prison, and then the arrest shall be reported to the prosecutor within 48 hours. In addition to general criminal law, the public assembly control law regulates internal peace and order. The first public assembly law was enacted in Cambodia in 1991 and its most recent amendment was enacted in 2009. The law requires a written notice concerning the assembly, prepared by the assembly leader, is submitted to the local administration in advance. The written notice should specify the purpose, venue and time of the assembly, and the number of people or vehicles involved in the assembly. 2.2.5 Building Public Safety Partnerships Local police agencies, such as the Cambodian , have worked alongside with other agencies to prevent crime and solve drug-problems. Cambodian Police cooperate with hospitals, the general public, schools, universities, and judicial institutions. Local police, the administration, and local authorities also cooperate in maintaining safety. All of these agencies, including Gendarmerie, are obligated to help to prevent and suppress narcotics and rehabilitate drug addicts.25 In addition, police agencies and the administration work together. In local areas, the Central Committee has the provincial governor who acts as the chairman and committee members who are representatives from , local police officers, and the district office chief. A weekly meeting is set as a platform to consider

20 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries matters concerning safety, security, public services, and cooperation between police and local authorities with respect to crime prevention. Encouraging partnerships with the sector, Cambodia has a policy towards the promotion of tourism, the major source of revenue for the country. The government promotes tourist attractions such as ancient ruins, museums, historical sites (popular among tourists), and markets (popular among locals and tourists). The private sector plays a key role in safeguarding safety, organizing areas, providing security guards, and regulating tourist guides. The private sector works with police officers who are tasks to provide security. 2.2.6 International Policing The General Department of Police joined the international police organization (INTERPOL) on 13 June 1956. Cambodian National Central Bureau (NCB) was established to share data on crime and offenders with INTERPOL member countries. The collaboration with law enforcement agencies involved transnational crime prevention and suppression, in pursuit of the fugitive offenders and wanted criminals from Cambodia or other member countries. The agency also includes investigation into fugitive offenders and criminals, and actions to acquire related data.26 Cambodia has put efforts into strengthening its relationships and cooperation with other ASEAN member states. That promotes its image in the international arena and helps benefit the country. Cambodia joined ASEAN in 199927 and joined ASEANAPOL in the 21 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries following year, 2000.28 This participation created official cooperative network with police organizations in ASEAN. This cooperation includes the cooperation in the prevention and suppression of transnational crime and trafficking in persons as well as organizational development. As Cambodia shares a border with Thailand, Laos, and Vietnam, Cambodia has tight bilateral relationship and strong cooperation in crime prevention and suppression with its neighboring countries. Cambodia and Thailand have cooperated in crime prevention and suppression, in pursuit of offenders committing an offence in one country and escaping to another country. They also cooperate on the prevention and suppression of drug trafficking as well as the prevention and suppression of the smuggling of antiques out of Cambodia. In terms of personnel development, the General Department of Police has sent Cambodian police officers to be trained overseas with the People’s Police Academy in Vietnam and the Royal Police Cadet Academy in Thailand, which they enjoy good relationship.

2.3 Republic of Indonesia 2.3.1 Socio-economic Conditions Indonesia or the Republic of Indonesia is a Maritime Southeast Asian country. As the world’s largest archipelagic country, Indonesia consists of 17,508 islands and has a land area covering 1,811,570 sq.km. In 2016, it had a population of 261,115,46029. That was the fourth largest population after China, India, and the of

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America.30 Indonesia has ethno-cultural diversity. Its national language is Bahasa Indonesia. The majority of Indonesians is Muslim (87.2 percent). Other religions include Protestant Christian (7 percent), Catholic Christian (2.9 percent), Hindu (1.7 percent), and others (1.2 percent). With that proportion, Indonesia has the highest Muslim population in the world.31 Indonesia’s GDP is 932.25918 billion US dollars and GDP per capita is 3,570.3 US dollars. In 2016, it enjoyed a GDP growth at 5%.32 Indonesia has the largest economy in Southeast Asia and has a high economic growth rate. However, due to a huge population, the per capita income of its population is not high. Its economic structure is made of three key sectors, which are agriculture (fisheries and forestry), industry and construction; and services. These three sectors contribute to similar proportion.33 The crime rate in Indonesia has been higher at the same pace with the expansion of urban communities. The factors that may contribute to higher crime rate in each city in Indonesia are, for example, a higher unemployment rate, inadequate job opportunity, and deteriorating social orders. In 2014, a total of 325,317 criminal cases were reported across the country, which represented the crime- population ratio of 131: 100,00034. Crime is a major problem in Jakarta, its capital city, and other major cities that are economic hubs, for example, Surabaya. Common crime consists of non-serious crimes, for example, stealing, robbery, purse snatching, and pickpocketing.

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Other social problems are related to drugs, economic crime, illegal immigration, smuggling, tax evasion, and terrorism/domestic .35 Cybercrime has also increased rapidly in recent years. With regards to drug problems, Indonesia is a major source of marijuana production, which most consumers are locals. Other drug problems in Indonesia relates to methamphetamine and Ecstasy36. Despite for major narcotic traffickers and wars against narcotics, the problems are not in decline. The issue of separatism exists in . That involves the Free Aceh Movement (GAM) which launched in 1975.37 Aceh’s official name is Prorinsi Daerah Istimewa Aceh where a certain degree of autonomy is given. However, the population is not admired with that level of autonomy and they believed that their land could have been separated into a new country. That has led to a more tangible demand for separation. Another insurgent group in Indonesia is Lashkar Jihad.38 As an anti- Islamic militant group, it aimed to establish Salafi Islam in Jakarta and performed operations in several areas, for example, Ummun and Sultanate. Another insurgent group is (JI).39 Jakarta has a heavy traffic congestion problem because the area for constructing new road surface in the city is limited and not sufficient for cars. The problem is also worsened because of the rapid increase in the number of vehicles and inadequate mass transit system of the city. That makes the traffic in the city during its rush hours and connecting hours are very congested. 24 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

2.3.2 Political Structure Indonesia is a unitary republic with the president acting as the head of the state and the head of the administration, who comes from direct election. The presidential office term shall not exceed two consecutive terms (each term takes five years). The power is divided into three branches: administrative, legislative, and judicial power. Despite being a large archipelagic country with a big population, Indonesia is a unitary republic, with public administration divided into central administration and local administration. The central administration consists of 34 ministries, departments and divisions, within which various officials, including the Permanent Secretary to the Ministry, the Director-General to the Department, the Director to the Division, etc. are involved in public administration. Indonesian local administration involves various levels, i.e. regencies, cities, districts or Kecamatan, Kelurahan, and Desa, the smallest administrative unit. 2.3.3 Police Organizational Structure and Police Adminis- tration The integration into the Unitary Republic of Indonesia in the post-independence period and the formation of the Indonesia National Police were two parallel processes. However, Indonesian history reveals that the police played an important role before the formation of the Republic of Indonesia, from the time when the area which is now

25 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries modern Indonesia was under the rule of different kingdoms.40 The government established the National Police Service on 1 July 1946, which is recognized as Bhayangkara Day. A major change to Indonesian police that occurred with the entry into the reform period was the transition from the administration of President Suharto to the administration of President BJ. Habibie and Habibie and Abdurrahman Wahid from 1999-2004. As part of the structural reform, the Indonesian National Police separated from the Indonesian in 2000. The main reason for this was that the integration of the Indonesian National Police into the resulted in vagueness of, and the overlap between, the roles and responsibilities of the Indonesian Military as the national defense body and those of the Indonesian National Police (INP) as a social security and order maintaining body. This integration of these two bodies obstructed the development democratic values in Indonesian society; hence, their separation was required. Since the change, police have played a more active role in Indonesian society, and their goal is to be more oriented to people and to respond to their needs.41 The administration of the Indonesian National Police (POLRI) is characterized by centralization, which directly depends on the president. Their areas of responsibility consist of Regional Police (Kepolisian Daerah or Polda), City Police (Kepolisian Resort or Polres), District Police (Kepolisian Sektor or Polsek), and Sub-district Police

26 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

(Polsubsektor). In addition, there are specialized police agencies, e.g. Brimob, a crowd control unit which is a mobile force involved in security- and safety-related operations; Airborne Police (Polisi Udara); Marine Police; Forensic Science Police; Anti-terrorism Unit (Detachment 88); Traffic Police (Polisi Lalulintas), which is responsible for roads and issuance of driving licenses and vehicle registration; Coastal Police (Polisi Perairan); Sabhara, which is in charge of community peace and order; Tourism Police (Polisi Turis); Railway Police (Polisi Khusus Kereta Api-POLSUSKA); Investigative Police (Badan Reserse Kriminal-Bareskrim); and Polisi Kedutaan, which provides security for embassies in Indonesia.42 Local police agencies are divided into different levels, as follows: - Regional Police (Kepolisian Daerah or Polda) - City Police (Kepolisian Resort or Polres) - District Police (Kepolisian Sektor or Polsek) - Sub-district Police (Polsubsektor) In 2015, the Indonesian National Police force consisted of 407,222 officers and 14,252 of them were female, equivalent to 3.5 percent. The ratio of police to the population in 2015 is 1: 59,543. The system was used similar to the European police rank, such as the ranks of Inspector and Commissioner General. After the Indonesian National Police was shifted to be under the Indonesian Army, the military- rank system replaced the European

27 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries police rank with the ranks such as , Major and Colonel. In 2000, when the Indonesian Police was separated from the Indonesian Army, the British rank system, such as Inspector and Superintendent, was replaced the military-style ranks. Currently, Indonesia’s police rank system is similar to the Dutch police rank system which was firstly used in the past.44 There are several types of police educational institutions in Indonesia.45 1. The Indonesian National Police Academy (AKPOL), which provides training for who will become commissioned police officers upon their program completion. 2. The Police Science College (PTIK), which trains police officers across Indonesia through certificate programs and masters and doctoral degree programs. The institution was established to develop police education to be a science.46 3. The Police Command and Staff School (SESPIM), which trains non-commissioned police officers who pass a qualification exam to become commissioned police officers and graduates who pass an exam to become commissioned police officers. In addition, SESPIM provides training in administration for commissioned police who will become the Unit Head in regional police agencies, including provincial, district and sub-district police. 4. The Criminal Investigation Training Center (PUSDIK RESKRIM), which provides specialized investigation training. 28 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

Each region has a police training center called the Indonesian Police School (SPN) (Sekolah Polisi Indonesia), which provides training for or those who will hold a non-commissioned police rank (it is located in 28 locations across Indonesia). Indonesia also has a training center called the Woman Police Training Center (SEPOLWAN), which provides 7-month training for female constables. Each year, the center receives 600-700 female police officers. Indonesian police officers normally retire at the age of 58. The police officers who are considered as a talented and specialized retire at the age of 60. 2.3.4 Laws Related to Police Law Enforcement The Indonesian legal system was influenced by the European legal system and Dutch Colonial Law until the end of II. After the declaration of independence of Indonesia, the Indonesian national legal system was developed based on Roman-Dutch Law. The substantive matters of the law were expanded based on Indonesian viewpoints, and a new penal code was developed. 47 The Indonesian court system consists of the Constitutional Court, the Supreme Court, and the courts under the jurisdiction of the Supreme Court, namely the General Court, Military Court, Religious Court, Administrative Court, as well as Specialized Court. The criminal procedure in Indonesia48 is governed by Law No.8 of 1981 on Criminal Procedure. This new law demonstrates various

29 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries changes, e.g. the shift from an inquisitorial system to an accusatorial system, which does not allow the confession of the accused to serve as evidence. With the intention to reduce torture of the accused in order to obtain their confession, the improvement of this law reflects human rights consideration. The criminal justice process involves various steps, which starts with police investigation. Police have the authority to receive grievances or report of criminal cases, search for information and evidence, and deter suspects or other actions as required by law. The law does not specify legal assistance from lawyers to the accused; thus, police can initiate investigations in three cases: 1) When they are informed of an offense that has occurred or is occurring; 2) When they receive grievances or reports from victims involving criminal cases, and 3) When they witness a criminal offense in front of them. The prosecution is the responsibility of the Office of the Attorney General, which is directly under the president. Prosecutors are in charge of considering whether or not to issue a prosecution order against serious or petty criminal cases for which individuals sue to the court. By law, prosecutors have no authority to investigate criminal cases, but only special cases, e.g. theft of security data. In general, an arrest warrant is required for police for making an arrest of individuals suspected of committing an offence or planning to commit an offense. An arrest made by police without an arrest warrant is possible if the offence in conducted in front of them.

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Police are authorized to take arrestees into custody for 24 hours, and in the case when no charge is filed, they will be released. Control of public assembly or protests in Indonesia is governed by Mass Organization Law, with most recent amendments being made in July 2013.49 With the aim to empower local organizations and counter the gathering of independent international organizations, this law gives power to the state to control civilian groups and break up public gatherings which pose a potential threat to the nation. Under the law, all assemblies must take into account peace and order of society and must be carried out based on the Pancasila ideology. 2.3.5 Building Public Safety Partnerships After Indonesian police separated from the Indonesian army in 1999, the Indonesian National Police created its own identity which is more civilian-oriented and made the police organization to become an organization of accountability. This was a key factor in the transition to a democracy for Indonesia. However, given the military legacy of the Indonesian police organization, it is a major challenge to build trust from the general public.50 The Indonesian National Police developed the principles of community policing (POLMAS) and has applied this concept at a greater extent to their work. This aimed to ensure professionalism and optimize crime problem-solving and law enforcement in response to public needs. Indonesia’s community policing is people-centered and focuses on respect for human rights, community partnerships, and community involvement in solving social

31 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries problems. The Community Policing Forum (CPFs) was established to provide communities with more opportunities to participate in policing.51 Community police operational teams conduct meetings with local stakeholders to identify social issues faced by communities and to develop an action plan to address these identified issues. Conducted at local halls, mosques, or other appropriate places, these meetings provide for conversations and consultations between community members and local police. There are a number of projects that have been jointly implemented by different parties, e.g. community radio stations and forums for communication between community members, police officers and other authorities.52 The Indonesian National Police (INP) has a dedicated community policing agency called “Community Policing Directorate”, assigned to deal with community policing development and community development. This agency involves central policy-level implementation.53 In addition, volunteers who are the general public are provided at sub-police stations to be reported for offences and assist police officers in their work. These volunteers can effectively assist police in approaching local citizens because they are locals. Indonesia’s strength in preventing crimes and violent incidents in town areas is seeking cooperation from security guards. As police control the quality of training for security guards, they can easily approach and gain cooperation from them. Police attach great importance to security guards serving hotels, shopping centers, parking

32 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries lots, parks, and important places in major cities. Before starting their security service, security guards have to be trained by police officers in basic knowledge pertaining to security and incidence response in different situations. Security guards play a crucial role in preventing incidences in city areas which have rigorous security measures. 2.3.6 International Police The Indonesian National Police joined INTERPOL on 13 June 1956.54 Indonesia is one of the ASEAN states that has played an active role in the international police arena. The Indonesian National Police have deployed police forces for joint operations with UN agencies in many missions; for example,55 the Formed Police Unit in Sudan, United Nations Missions in Sudan, African Union/United Nations Hybrid Operation in Darfur, and United Nations Stabilization Mission in Haiti. The Indonesian National Police (INP) has sent their police officers to join UN operations, both as individual police officers and the Formed Police Unit (FPU). So far, the Indonesian National Police has deployed a of 140 police officers for operations in Darfur. The Indonesian government has procured equipment required for the operations, and the United Nations has paid the Indonesian National Police for that procurement in the form of hiring. This deployment has been for 9 year in operation.56 The problems of internal crime, unrest and terrorism in the past have encouraged Indonesia’s cooperation with international 33 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries organizations, especially INTERPOL and the Jakarta Center for Law Enforcement Cooperation (JCLEC), which was established in 2004. The Indonesian and Australian government joined hands to combat transnational terrorism and crime by developing official cooperation between the Indonesian National Police (INP) and the Australian (AFP). The objectives of this official cooperation were to strengthen the capabilities of local and international law enforcement agencies and encourage the general public, civil society, and communities to help with reducing risks of transnational crimes and terrorism. There are projects and activities aimed at upgrading the capability of interrogation and investigation, , forensic science, community partnerships, community engagement, as well as policy and legislative development.57 At the regional level, Indonesia has cooperated with Malaysia, Singapore, Thailand and the Philippines in founding ASEANAPOL in Manila, the Philippines, in 198158. As Indonesia is large in area, population, and economy, its role in policing in this region has been significant. Regional police work has been conducted through the ASEANPOL or other forums. The cooperation-related topics are in line with national interests, including illegal fisheries, terrorism, and transnational crime. Transnational crime-related issues that the Indonesian police have paid attention to are trafficking in persons, piracy and terrorism. At the bilateral level, due to the fact that it shares a border with Malaysia, the Philippines and Brunei, it has a relationship with 34 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries these countries to coordinate cooperation to address transnational crimes, e.g. smuggling, illegal fisheries, and piracy. Indonesian police also have positive cooperation with the Australian police, particularly in the areas of terrorism, illegal immigration, techno-crime, drug trafficking, child exploitation, and fraud.59 The relationship between the Indonesian police and their Thai counterpart is positive in terms of general coordination and cooperation in crime prevention and suppression. They have sent police officers to share their experiences in different training programs in each other’s country, and the management of police organizations have visited each other’s country.

2.4 Lao People’s Democratic Republic 2.4.1 Socio-economic Conditions Situated on the Indochina Peninsula, Lao People’s Democratic Republic or Lao PDR is the only landlocked country in Southeast Asia, covering an area of ​​236,800 sq. km, about half the size of Thailand. It has a population of 6,758,35060. Lao people still adhere to and observe their inherited traditions. Traditional ways of life and belief have strong influence on all groups of Lao people. The majority of Lao population are Buddhist (75 percent), followed by animist (16-17 percent), Christian (1.5 percent), and Muslim (0.004 percent).61 Laotians share similar cultures and traditions with Thais, especially Thais in northeastern Thailand.

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Laos’ gross domestic product (GDP) is 15.805.71 billion US dollars and GDP per capita is 2,338.7 US dollars. Its GDP growth rate in 2016 was 7.0 percent.62 Despite its small economy and low per capita income, Laos enjoys a high economic growth rate. Its economic system experienced a dramatic change during its economic reform under the policy “New Economics Mechanism” in 1986, when the centrally-planned economy was shifted to a market economy with decentralized decision-making and stimulation of the private sector to play a more active role in the Lao economy. Most Lao people work in the agricultural sector. However, the Lao government has declared Laos as the ‘Battery of Asia’. It has provided an opportunity for investment in dam construction to generate electricity to sell to China, Thailand and Vietnam, which has generated huge revenue for the country.63 The Lao government has not published official statistics on criminal cases. However, facts disseminated via media indicate an increase in crimes in Laos each year,64 especially in the 2010s, when Laos enjoyed a high economic growth rate, which reached the top in ASEAN. Economic pressures have resulted in an increased number in crimes, especially in the capital city.65 Overall, Laos has a low crime rate and Lao people obey the law compared with people in other countries. In its capital city, Vientiane, although being a peaceful city, its economic growth results in increased materialism. Some groups of people benefit from this

36 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries growth, which allows them to earn more money, but others do not benefit from it. The resulting problems include unemployment and social gaps, which lead to social problems and crimes.66 The most common cases involve property crimes, i.e. break-in, car or motorcycle theft, and robbery for money or other property, such as motorcycles. The criminal cases are prevalent during festivities, when people are off their work and celebrate, e.g. Lao New Year’s Day or other important national festivals. Drug problems in Laos are tending to be more serious, both in urban and rural areas. The most prevalent drugs are amphetamines and Ice. People who commit property crimes are sometimes associated with drugs and have repeated offenses. In addition to domestic drug issues, Laos has been reported to be a major transit country for drugs because it is located in the middle of connectivity routes with new roads and bridges connected to China, Vietnam and Thailand, thus resulting in Laos becoming an important route of drug trafficking.67 One critical transnational crime for Laos is trafficking in persons. Previously, each year there were 44,000 Laos illegally migrating to Thailand, on average.68 The ease of border-crossing of Lao people to other countries and poverty are some factors in trafficking in persons, especially the trafficking of children and women to work in restaurants, bars and the prostitution business and to become illegal labor in Thailand. In addition, child exploitation is conducted through a child trafficking network in Laos. Lao girls and adult women are

37 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries trafficked to marry Chinese, which is common in the northern part of Laos.69 2.4.2 Political Structure Lao People’s Democratic Republic is a single socialist state led by the Laos People Revolutionary Party (LPRD), which has the highest power characterized by democratic centralism. Its political regime was influenced by the structure of the Soviet Communist Party, which has absolute power and monopoly. The center of the party is in charge of formulating policies and giving orders to all social classes of people.70 While being “democratic” allows party members to express their opinions at party meetings and discuss issues extensively, party members with minority votes have to abide by the resolution from party members with minority votes.71 The administrative power is divided into three branches, as follows: 1) Executive power – The most important position is the President of the Republic, who is given a 5-year term in office. The Prime Minister as the head of government is appointed by the president, who is provided with a 5-year term in office as well. Ministers are in charge of ministries in the cabinet. 2) Legislative power – As the people’s representative, the National Assembly has the authority to consider decisions or issues that are critical for the country and to monitor the cabinet, People’s Courts, and People’s Prosecutor Organization. 3) Judicial power – The judicial structure is composed of two organizations. The first consists of five people’s courts: the 38 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

People’s Supreme Court (comparable to the Supreme Court of Thailand), People’s Provincial Court, City Wall or Vientiane Court, City People’s Court (the Court of the First Instance), and Military Court. The second organization is the People’s Prosecutor Organization, the structure of which is parallel to that of People’s Courts. It consists of The Supreme People’s Prosecutor (equivalent to the Attorney General of Thailand), People’s Provincial Prosecutor Organization, People’s Metropolitan Prosecutor Organization, City People’s Prosecutor Organization, and Military Prosecutor Organization.72 Laos consists of 17 provinces and 1 special administrative area. 2.4.3 Police Organizational Structure and Police Adminis- tration When the French came to rule Laos, it established a modern police organization to maintain peace and order and security of this colony. In 1899, the central administration specified 15 positions next to the regent, one of which is the Commission General. Local administration was divided amongst 10 provinces, each of which being ruled by the Provincial Governor, who was French. Each province was divided into nine departments and government offices. One of the nine departments was the Provincial Police Department. During the French domination, the most important tool that they used to maintain its power was military and police forces.73 Modern policing is led by the Ministy of Public Security, which has developed strategies for overseeing police affairs, e.g. 39 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

Local Police, Traffic Police, Immigration Police, , Fire Police, the Department of Public Relations, the Department of Logistics, the Special Operations Unit, and the Mobile Defense Unit. The regional police organization is divided into different levels according to administrative areas, i.e. province (17 provinces), the special administrative area, and district. The smallest police agency is District Police (equivalent to police stations), which has approximately 100 police officers. The chiefs of the agency hold the Police Colonel rank. Two to three police officers are designated to be responsible for a village group. The police, military and teachers are respected and prestigious occupations for Lao people despite having a low salary. The Lao police ranks mirror the Lao military ranks, which comprise General, , , and Non-commissioned Police Officer. However, the police have police rank marks and their rank system is separated from the system. However, since 2015, the highest police rank has been .74 Applicants to police service (male and female) must be at least 18 years old and hold a senior high school certificate. They start at a non-commissioned rank, and after that, they study in an undergraduate program. After obtaining a bachelors’ degree, they take a qualification exam to become commissioned officers. Children of police officers will undergo a recruitment process which is separate from the recruitment process for the general public.

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As the only educational institution for police in Lao PDR, the People’s Police Academy was founded on 4 October 2011. Consisting of six offices and 14 faculties, it offers five training programs, namely the 2-year Master Degree Program, 4-year Bachelor Degree Program, 4-year English Bachelor Program, 3-year Chinese High Diploma Program, and 2-year Upgrading Program. The People’s Police Academy has attached great importance to education and training in new police sciences, e.g. cybercrime. Despite its low prevalence and low severity in Laos, cybercrime is tending to increase, and police work lacks experts and sophisticated technology in the field. In Lao police operations, there is scarcity of tools, materials and equipment, and training. Their operation is not responsive if there is no official assignment from superiors. To ensure peace and order and security, checkpoints are located at strategic points and curfews are sometimes imposed.75 2.4.4 Laws Related to Police Law Enforcement In the past, the Lao legal system was influenced by the French legal system, including the criminal justice system, e.g. police, prosecutors, courts, and correction. After the Lao political regime shifted to Communism, it’s Constitution and laws that did not suit the new political regime were all abolished. The new legal system was influenced by that of the Union of Soviet Socialist Republic and other socialist countries, which uses the criminal procedure principle,

41 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries whereby the state has a duty to keep social peace and order; therefore, the state is responsible for conducting legal proceedings against criminal offenders. Its criminal process uses a mixed system, which is similar to the French system, whereby the prosecutor acts as the plaintiff who files a case, but the court holds an inquiry. This system combines good points of the inquisitorial system and the accusatorial system, but is inclined to lean towards the accusatorial system, and gives more power to prosecutors. That is, apart from being the plaintiff in criminal cases, the prosecutor monitors legal compliance of organizations in society.76 In addition to criminal offenses, Lao criminal offences accept traditions, culture, and social order as a source of law. For example, a couple-like relationship between unmarried couples is considered a legal offense. Group tours in Lao need registration and certificate by the tourism authority. Distributing leaflet without permission is prohibited. A public gathering for a particular activity is prohibited as that may disturb peace. Photographing government offices related to security is prohibited. Transgendered people are also prohibited. Criminal procedure in the process of arresting offenders in Laos involves prosecutors or courts in inspection. The prosecutor or the court issues an arrest warrant, as the case may be. The arrest of the accused falls into two cases: with an arrest warrant and without an arrest warrant (committing an offence in front of police

42 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries officers and urgent cases). Once an arrest is made, the prosecutor will examine the reason for the arrest within 24 hours. In any case, the police officer must report to the prosecutor within 24 hours and must investigate the testimony of the arrestee within 48 hours. The police officer must decide whether to release or imprison the arrestee and then proposes a release or detention warrant from the prosecutor.77 In the Lao criminal procedure, interrogation and legal proceedings are not independent from each other. When a criminal offense occurs, the first body to initiate an interrogation is the police. The prosecutor has the authority to issue an arrest warrant and gives guidance on the interrogation because the prosecutor makes a decision on the case. In cases deemed necessary or appropriate, the prosecutor can initiate an interrogation. 2.4.5 Building Public Safety Partnerships The Lao political regime is Communist Socialism; therefore, its concept of building partnerships between police and other sectors is different from that of its neighboring countries that are democratic countries. This includes differences in political ideologies and legal traditions. In Socialist Law, there are two types of justice: law enforcement in general cases and law enforcement in cases where the state interests must come first and replace traditional justice.78 Thus, actions taken by police officers as peacekeeping forces are oriented toward national interests, especially security. Building a public 43 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries safety partnership in Laos involves building partnerships between police, local administrative units, and the generable public in order to maintain peace and order in localities and to prevent threats to national security. There are a lot of remote rural areas, and Lao people are still poor and uneducated. Thus, the mission of the Lao peacekeeping force needs to involve creating an understanding with local people, mobilizing the mass of people, and encouraging the general public to play an active role in maintaining national peace, by means of field visits to ensure close relationships with the locals. Police play a role in creating an understanding among the general public and encouraging them to develop their localities in collaboration with local authorities to create new life and warm life.79 Laotians in different areas will keep an eye on things for authorities. When non-local people enter their areas, locals will know and inform this to authorities quickly. The general public and community leaders participate and play a key role in settling disputes in communities. For District Police, 2-3 police officers are allocated to be responsible for a village group or sub-district. Home police, who are village volunteers, will assist police officers. Home police are allowed to carry official firearms during for incidence prevention but must return them when they complete their tasks. In addition, a patrol will be conducted in a group.80 If there are any cases or disputes, people will inform the village headman or home police for mediation. If parties involved in the case agree, the case will be settled. If they don’t agree or in 44 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries serious cases, the village headman or home police will inform the district police. If the district police fail to settle the case, they may need to inform the provincial police. 2.4.6 International Relations and INTERPOL The Lao police force joined the International INTERPOL on 17 June 1957. The unit that coordinates with the INTERPOL in Laos is INTERPOL National Central Bureau (NCB) or INTERPOL Vientiane. The NCB is in charge of coordinating work concerning transnational crime, coordinating international cooperation, data exchange and information technology, collaboration with INTERPOL member countries in prevention and investigation of transnational crimes, and support of interrogation of local cases that must be carried out outside of the country.81 Lao PDR joined ASEAN at the same time with Myanmar in 1997, and Laos first attended the ASEANAPOL conference in 1998, which was held at Brunei.82 Laos has cooperated with ASEAN member countries through ASEAN forums, e.g. the ASEAN Ministerial Meeting on Transnational Crimes (AMMTC) and ASEANAPOL, which cover implementation for cooperation in transnational crime suppression. In addition, countries bordering Laos, i.e. Cambodia, Vietnam, Myanmar and Thailand, have a direct relationship for preventing and suppressing transnational crime, trafficking in persons and drugs; taking care of citizens who migrate to work and live in each country; controlling exports and imports within border areas; and exchanging data.

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At the bilateral level, Laos’ Ministry of Public Security has a tight relationship with Vietnam’s Ministry of Security. Their relationship has a long history since the era of President Ho Chi Minh and President Kaysone Phomvihane. Their long and healthy relationship has resulted in their good cooperation in providing assistance in security and peace of police affairs. Many Lao police officers have been trained at Vietnam People’s Police Academy in undergraduate programs and other training courses each year. As for the relationship between Laos and Thailand, both countries share a border, which is crossed by large number of Thais and Laotians. Thus, the countries have a relationship both at the organizational level and at the levels of local agencies, which have direct contact in order to consult with each other about the guidelines for prevention and suppression of transnational crime involving both countries.

2.5 Malaysia 2.5.1 Socio-economic Conditions Malaysia is divided into two parts. Its first part is situated on the Malay Peninsula, where it shares a border with Thailand in the north and with Singapore in the south. Its second part is located in the north of Borneo Island, where it borders with Indonesia and surrounds Brunei. Malaysia covers an area of ​​328,550 sq. km and has a population of 31,187,260.83 Its official language is Bahasa Malaysia, and English is widely used in Malaysia. 46 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

The Malaysian population is characterized by ethnic and religious diversity, which equips it with multiculturalism. Most Malaysians are Islamic, representing 60 percent, followed by Taoist (Chinese Malaysians) and Mahayana Buddhist, 32 percent, and Hindu (Indian Malaysians), 8 percent84. There are also indigenous tribes in Malaysia. Malaysia’s GDP is 296.535.93 billion US dollars, with a GDP per capita of 9,508.2 US dollars. In 2016, it had a GDP growth rate of 4.2 percent.85 It is a middle-income country with continual economic growth. It is a new industrialized country, which shifted from the dependence on mining and agricultural product exports, e.g. rubber, palm oil and tin to the dependence on manufacturing and services.86 In 1991, the Malaysian government, led by Dr. Mahathir Muhammad, initiated a national development policy with the 2020 Vision: To become a developed country. One of its goals was a gross national income (GNI) per capita of 15,000 US dollars per year. In 2009, Prime Minister Rasak announced the “1 Malaysia” Policy which aimed to push Malaysia to achieve its 2020 Vision, and part of this policy includes crime reduction. Crimes are prevalent in populated urban areas, most of which consist of petty crimes. The most common crime is property crime. Serious crimes constitute a small proportion of the overall crime rate.87 However, they create great fear in the general public. In 2015, the most prevalent serious cases consisted of gang robbery without

47 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries firearms (10,718 cases), followed by assault (5,516 cases), robbery without firearms (2,954 cases), and rape (2,047 cases). Property crimes that made up the highest proportion consisted of motorcycle theft (38,565 cases), followed by break-in (19,286 cases), theft (18,078 cases), and car theft (12,049 cases).88 Its high economic growth, advancements in information technology, as well as a high rate of access to technology by its population has resulted in a higher rate of cybercrime. There has been a dramatic increase in cybercrime cases within a short time. Cybercrime cases identified include love scams, credit card fraud, e-Banking fraud, and parcel scam.89 The drug problem in Malaysia has a rising trend despite capital punishment. The most prevalent drugs in Malaysia include heroin, methamphetamine, ATS (amphetamine type stimulants), kratom, cannabis, ketamine, and ecstasy (MDMA).90 Malaysia is a consumer country, a source of spreading of drugs, and a drug transit country. There are several risk factors with respect to , i.e. ethnic diversity and multiple exit and entry points. In 2010, transnational terrorism started in Malaysia. There have been multiple arrests of people suspected of being involved in terrorist groups, and several explosion incidents have occurred. Malaysia was first attacked by a terrorist group connected to ISIS in June 2016. 2.5.2 Political Structure In Malaysia, the King (“Yand di-Pertuan Agong” in the ) serves as the head of the state under the Constitution, 48 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries with a 5-year term. The position is rotated among sultans or rulers of nine states on the Malay Peninsula.91 Its political regime is parliamentary democracy with a federal political structure, as follows: 1) Legislative power, which is comprised of two parts – the Senate (Dewan Negara) and the House of Representatives (Dewan Rakyat). 2) Executive power, which is comprised of the cabinet, with the Prime Minister serving as the head of the executive power, governing 24 ministries. 3) Judicial power, an independent body which is not governed by the legislative or executive power. Malaysia is comprised of 13 states and three federal territories, which are ruled by the central or federal government.92 The federal territories consist of , , and Labuan. States in western Malaysia (Malay Peninsula) are comprised of , Keda, , Ngrisembilan, , , , , , , and . Eastern Malaysia (northern Borneo) consists of and . Malaysian local administration differs from Thai local administration because Malaysia has no provinces. The administrative units below those of states are districts, sub-districts (Mukim), and village (Kampongs). 2.5.3 Police Organizational Structure and Police Adminis- tration The first Malaysian territory ruled by Britain was situated on the Malay Peninsula on Penang Island in 1786. Then, this territory 49 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries adopted the British legal system and justice process, and on 25 March 1807, it adopted the Charter of Justice in Penang. This marked a major change in the Malaysian legal system and the starting point of modern Malaysian police organization. When Britain expanded its power into different areas, Malaysian police authorities were developed in respective areas.93 At that time, their authority was limited to their own state. After World War II, Malaysian police authorities were unified. After the Malaysian Independence Declaration on 24 July 1958, Almarhum Tuanku Abdul Rahman Ibni Almarhum Tuanku Muhamad, teh late Malaysian King, granted the prefix ‘Royal’ to the Malaysian police organization, so its name became “Royal Malayan Federations Police Forces.” In 1963, the Royal Federation of Malayan Police (RFMP) integrated the Sarawak Constabulary into the North Borneo Police to form the . The Malaysian police organization is characterized by a centralized structure. The Royal Malaysia Police (Polis Diraja Malaysia) is under the Ministry of Home Affairs, and the top position of the Royal Malaysia Police is the Inspector-General of Police (IGP). The Deputy Inspector-General of Police assists him in overseeing police administration. Its internal agencies consist of the Inspector-General of Police Secretariat; the Management Department, which administers and oversees Contingent HQ, Police District, and police stations; the Internal Security and Public Order (ISPO), which has police forces available for supporting big operations, divided into the force, , and company level; the Strategic Resource and Technology Department 50 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

(StaRT), which is responsible for logistics, transport, information and communication technology, finance, materials and equipment; the Crime Investigation Department (CID); the Narcotics Department; the Department; the Commercial Department; the Crime Prevention and Community Safety Department; and the Integrity and Standard Compliance Department. Local police agencies under the Malaysian National Police are divided into four levels: 1) Contingent HQ (14 ) 2) Police District (115 police districts) 3) Police Station (788 stations) 4) Police Post (569 police posts) The Malaysian National Police has 137,227 officers. The Malaysian police-population ratio is 1: 227. There are 109,019 junior officers (79 percent), 13,479 senior police officers (10 percent), and 14,729 civil servants (11 percent).94 There are three ways to become a police officer. To become a , individuals have to receive 6-month training. To qualify for a cadet sergeant, individuals must hold a diploma degree and receive 9-month training. To become a cadet inspector, individuals must receive 9-month training. Malaysian police training in involves two types: 1) Basic training – There are eight police training centers in charge of providing basic training for newly recruited police across Malaysia. 51 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

2) In-service training – There are various in-service training centers that train police officers on duty according to their ranks and expertise. They consist of the Royal Malaysia Police College Kuala Lumpur, which trains senior police officers or management-level police officers; the Royal Malaysia Police College Kuala Kubu Bharu, which trains junior officers; the Royal Malaysia Police Technical College Bakri ; the Air Unit Training Centre; the Marine Police Training Centre; the Training Centre; and the General Operation Force Training Centre. The personnel administration of the Malaysian National Police uses the competency concept. The RMP Competency Model has been developed to serve as the personnel administration framework, which involves the following four competencies: 1) Core competency, e.g. organizational awareness. 2) General competency, e.g. strategic management and change management. 3) Policing competency, e.g. criminology and crime prevention. 4) Functional competency, e.g. investigations, interroga- tion, and intelligence gathering. The Malaysian National Police formulated strategies to accommodate its 2020 Vision (Wawasan 2020) and the “1 Malaysia” Policy (Satu Malaysia) in order to accelerate the achievement of the 2020 Vision. One program under the policy is the Government

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Transformation Program, which aims to optimize public administration and public service. The Malaysian National Police defined six national key results areas, as follows: 1) Reducing crime 2) Fighting 3) Improving student outcomes 4) Raising living standards of low income households 5) Improving rural infrastructure 6) Improving urban public transport 7) Cost of living The Malaysian National Police developed a five-year strategic plan (2015-2020) to support the policy and contribute to the achievement of the 2020 Vision of Malaysia. Its organizational vision is “The Leading Agency in Making the Nation Safe, Peaceful, and Prosperous.” Its mission is “To Provide Professional and Quality Services in Protecting the Country and Ensuring Safe Surroundings for People.” Six strategic issues included in the strategic plan consist of law enforcement, public safety and security, crime prevention, investigation and prosecution, security intelligence, and strengthening the organization. For crime reduction, the Malaysian National Police set goals for three phases. The first phase (2010-2012), which involved the “community policing” concept, had the goals to prevent crime, organize the “Safe City Program,” and to have an omnipresence of police forces in different areas. The second phase (2013-2015) had

53 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries the goals to build the capacity of the Malaysian National Police, provide more efficient police force omnipresence, prevent crime in hot spots, and collaborate with other sectors as a single unit to combat crime. The third phase (2016-2020) has the goal to become a world class police force. The Malaysian National Police wishes to achieve modern policing to optimize public services by means of different technologies. This involves four approaches, as follows: 1) Using current technology to respond to the current environment, e.g. using information technology to analyze and forecast crime trends. 2) Using technology to empower local operational police officers and using back office technology, e.g. mobile devices, communication radios which can locate positions, and video recorders. 3) Using technology to ensure best methods for working, e.g. reporting online databases linking all law enforcement agencies. 4) Using technology to create public engagement, e.g. community policing and local police administration. 2.5.4 Laws Related to Police Law Enforcement The Malaysian legal system was historically influenced by the British legal system, which is derived from common law. The Islam Law in Malaysia applies to the state of individuals, family and inheritance. Cases related to the state of individuals, family and inheritance have to be filed with the Syariah Court. The Malaysian

54 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries court system is a unified court. That is, the court’s authority is related to trials and judgments for all types of cases, including civil cases, criminal cases, and administrative cases. There are two levels of courts: the Superior Court (consisting of the Supreme Court or the Federal Court) and the . They have the authority to conduct trials for civil and criminal cases and oversee the justice process of the Subordinate Court. They are authorized to consider appeals from the Magistrate’s Court and the Sessions Court. The Subordinate Court includes the Sessions Court and the Magistrate’s Court. There are other special courts in Malaysia; for example, the Penghula’s Court, Native Court, Juvenile Court, Special Court, and Syariah Court95. Under Federal administration, each state has its own dispute resolution law. However, the process and structure of different states are the same under the oversight of the Federal Government. In pursuance of the Criminal Procedure Code (Act 593), Malaysian police officers are authorized to make an arrest with warrant. The provision in Article 23 authorizes police officers and sub-district headmen (Penghulu) to make an arrest without an order from the Magistrate’s Court or to make an arrest without warrant in different cases. For example, they are authorized to arrest:96 - Persons involved in an offense, anywhere in Malaysia, which is subjected to an arrest under law enforced in particular parts of Malaysia and is committed upon another person, who complains

55 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries in a reasonable way or has reliable information. An offense that is subjected to arrest without warrant is the unlawful membership of a group for a riot. - Persons who possess an article suspected of being stolen and unlawfully acquired and are suspected, with reasonable grounds, of being offenders. - Persons that impede police officers while they are on duty or persons who escape or try to escape from legal control. - Persons suspected, with reasonable grounds, of deserting the . Police officers are authorized to detain arrestees for no more than 24 hours. Furthermore, the law allows the general public to arrest individuals as required by law. Once they arrest someone, they must take them to the police station. Police officers will reconsider if the arrestees should be formally arrested. If they consider that such arrest is reasonable, they will make an arrest again. As for enforcement of public assembly law, freedom of assembly is a fundamental right which is protected under the Malaysian Constitution. However, Malaysia has a governing public law enacted in 2012, which allows people to gather without firearms. The Malaysian criminal law will penalize people who initiate unrest in Malaysia. Under the law, people who will join a gathering must inform local police officers of the venue for their gathering ten days before the gathering takes place. In addition, demonstration on the public streets is illegal.97 56 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

2.5.5 Building Public Safety Partnerships The participation of the general public and all sectors of society in solving crime issues was emphasized and became clearer after the launch of Malaysia’s 2020 Vision in 1991 and the “1 Malaysia” Policy in 2010. This was because one outcome of this policy was the reduction of crimes, which is a key mission of the Malaysian National Police. To respond to this policy, crime prevention was defied as an important policy of the Malaysian National Police. As efficient crime prevention is not able to be ensured by the police alone, the Malaysian National Police set up the Crime Prevention and Community Safety Department to take care of holistic crime prevention missions to create community safety.98 The holistic crime prevention has been implemented by building partnerships with various sectors for crime prevention, which involves four approaches – omnipresence of police forces for crime prevention; community engagement, to raise public consciousness of crime prevention; partnership with the private sector in crime prevention, and collaboration with other government agencies. Concerning the partnership between police and the general public, the Community Policing Malaysia (CPM), a non-profit organization, was established. Aiming to work together to keep communities safe through tight cooperation and understanding about the police, CPM members consist of retired police officers and citizens who care about social safety. The CPM has sought to establish partnerships 57 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries with police officers to identify and prioritize issues concerning crimes and social disorderliness. They have shared responsibility for developing strategies for resolving given issues and implementing them to bring about practical results.99 The roles of CPM members vary from one area to another area. Measures to prevent crimes have been implemented in tourist areas and residential areas, which consist of people from various nationalities. An important involvement of private organizations in crime prevention is ‘.’ Auxiliary police are comparable to police officers or security guards, but they hold authority within a particular agency area, building, or organization. Any organization can hire auxiliary police at their own expenses; however, they must send them out to be trained by police authorities. They wear police uniforms; the only thing that differentiates them from police authorities is the badges on their arms, which indicate they are auxiliary police and indicate the organization that they are affiliated with. Currently, there are 153 government agencies, legal entities and private companies that are allowed by law to provide their own police unit, which include 40,610 auxiliary police officers.100 In Malaysia, there are also police volunteers – police volunteer reserves (PVR)–who support police officers of the Malaysian National Police. Ordinary citizens can become police volunteers to assist in maintaining peace and order and safety in communities or public areas. Apart from experiencing the life of police officers, police volunteers

58 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries help to establish a good relationship between the police and society. When on duty, police volunteers are subjected to the same rules of police officers.101 Police volunteers serve as a tool in general public-police partnerships for resolving crime issues and serve as a mechanism for responding to the government policy towards crime reduction. 2.5.6 International Policing The Malaysian National Police joined INTERPOL on 4 September 1961102. The Malaysian agency that coordinates with INRERPOL is the INTERPOL National Central Bureau (NCB) or the INTERPOL Kuala Lumpur. This agency is supervised by the Inspector-General of Police (IGP). INTERPOL National Central Bureau is part of the CID. Malaysia has the Mutual Assistance in Criminal Matters Act 2002, which outlines principles on international cooperation, cooperation between police officers, details about the extradition process, and evidence gathering through cooperation from all sectors.103 Malaysia is an ASEAN member country situated on the Malay Peninsula and Borneo Island. It is a transportation hub and shares borders or maritime boundary lines with other ASEAN member countries, i.e. Thailand, Singapore, Indonesia, Brunei and the Philippines. This has contributed to transnational crimes and poses risks of terrorism. Thus, cooperation in fighting against crime and terrorism is important. Another role of Malaysia in establishing cooperation between international police organizations is providing training programs, a tool 59 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries for building international relationships. The Royal Malaysia Police College Kuala Lumpur arranges a 4-week International Senior Police Officers’ Command Course on a yearly basis. The target participants of the course are police officers and law enforcement officers across the world. As of 2017, there were 43 batches of participants who were trained in the course. This course has established a good relationship between police officers from different countries and cooperation between international police organizations in the future. Malaysia played an active role in the 25th ASEANAPOL Conference, in 2005 in Indonesia. Realizing the need for setting up a permanent secretariat office, participants at the meeting jointly declared setting up a working group to consider the possibility of establishing the ASEANAPOL Secretariat Office. At the 2008 ASEANAPOL Conference, which was held in Brunei, there was a unanimous resolution to set up the ASEANAPOL Secretariat Office in Kuala Lumpur, Malaysia. Since 1 January 2010, the ASEANAPOL Secretariat Office has been in operation. On a bilateral basis, as Malaysia borders with Thailand, Singapore, Indonesia, the Philippines, and Brunei, it has established bilateral relations with these countries to cooperate in addressing cross-border crimes between Malaysia and these countries. Malaysia and Thailand police have a long and positive relationship, which is witnessed through a good relationship between leaders of police organizations of both countries and between the Malaysian National

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Police and the Royal Thai Police. Every year, a rugby match between Thai police and Malaysian police for the Jurirawong Trophy is organized. In addition, this is witnessed through close coordination of transnational crime cases and tangible results of their coordinated operations, especially with respect to security intelligence and the suppression of transnational car theft.

2.6 Republic of the Union of Myanmar 2.6.1 Socio-economic Conditions Situated on the Indochina Peninsula and covering 653,080​​ sq.km, Myanmar is the second largest country in Southeast Asia. It shares borders with India, Bangladesh and China to the north and with Laos and Thailand to the east. In the south and west, it abuts the Andaman Sea. It has a population of 52,885,220104. , which translates to ‘the country’s new capital city’, has been the capital of Myanmar since 2006. The official language in Myanmar is Burmese. Major ethic groups in Myanmar consist of Myanmar (68 percent), Shan (9 percent), Karen (7 percent), Rakhine (4 percent), Chinese (3 percent), Indian (2 percent), Mon (2 percent), and others (5 percent). Most Myanmar people are Buddhists (89 percent), while the remaining population includes Christians (4 percent), Muslims (4 percent), animists (1 percent), and others (2 percent). Myanmar Buddhists are very religious. As they have a strong faith in merit making, they spend a lot of money on it.105 In 2016, Myanmar’s gross domestic product

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(GDP) was 63.22510 billion US dollars, with a GDP per capita of 1.1955 billion US dollars and GDP growth of 5.9 percent.106 Despite a low per capita income, Myanmar has enjoyed a high economic growth rate. In 2007, the Myanmar government started to implement a free-trade policy to involve the private sector in production, and it opened the country to attract more trade and investment. The policy has resulted in a high economic growth rate. No crime statistics in Myanmar have been officially published by relevant Myanmar authorities. Domestic poverty, rapid increase in the cost of living, no increase in incomes, an increased number of foreigners, and rapid expansion in the tourism sector are probably factors contributing to a higher crime rate.107 The most common crimes in large cities include robberies at night, petty crimes on public roads, break-ins, and murders. Petty crimes reported to police are basic petty crimes, e.g. bag snatching and stealing. A lot of crimes have not been officially recorded or gathered. The Myanmar government does not allow the general public to possess firearms. The most common that offenders possess and use for committing crime are knives. Because the crime-related data collection system is incomplete, it may not reflect the actual number of crime cases. Concerning drugs, Myanmar is the world’s second largest opium producer after Afghanistan. Most opium in Myanmar is used for heroin production. Methamphetamine is another drug whose

62 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries production bases are located in Myanmar,108 especially in the Golden Triangle and the northeastern part of the Shan State in border areas with Thailand, Laos and China. Minority and rebel groups rely on drug-derived income to fight against the Myanmar government. Drugs produced in Myanmar are smuggled into other Asian countries and other areas. Most drug production occurs in remote areas along border lines under the control of ethnic armed forces or their alliances that are on the opposite side to the . Ethnic diversity in Myanmar has been a major challenge for the Myanmar government in maintaining domestic peace and order. Some areas still experience conflicts between the Myanmar government and influential minority armed forces. The conflicts pertain to ethnic, religious, economic and political issues. Since 2011, the Myanmar government has sought to negotiate a ceasefire agreement with ethnic armed groups, but unrest still occurs in some areas. Myanmar is one of Southeast Asian countries encountering the problem of trafficking in persons. The problem is associated with the issue of Rohingya minorities. Pressures on Rohingya people have pushed them to migrate or escape from Myanmar to other areas. Some human traffickers have taken advantage of this situation to exploit this group of people. Another form of trafficking in persons relates to woman or child prostitution. Prostitution in Myanmar is illegal. Some women have been lured into prostitution outside of the country, and some women have been forced to marry Chinese men.

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2.6.2 Political Structure Myanmar is a republic country characterized by the parlia- mentary system, with the president serving as the head of the state and executive power. The Myanmar Constitution divides administrative powers into three branches.109 1) Legislative power – The legislature acts as the legislative body, which consists of two parliaments: a. The House of Representatives () – The House of Representatives consists of no more than 440 members – 330 are directly elected and 110 are appointed by the Army Supreme Commander (1 in 4 of members of the House of Representatives). They have a five-year term in office. b. The Senate (Amyotha Hlittaw) or the National Assembly – It consists of a maximum of 224 members. They are elected directly from each division or state, each with 12 members. Currently, Myanmar is composed of seven divisions and seven states. Thus, there are 168 members from an election and 56 members designated by the Army Supreme Commander (1/4 of the Senate members). 2) Executive power – The president holds the highest power to govern the country. He has the power to designate or remove any ministers. The Myanmar Cabinet consists of 68 members – 29 ministers and 39 deputy ministers. 3) Judiciary power – This consists of the Supreme Court, Court Martial, and Constitutional Tribunal of the Union. Although the 64 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

Supreme Court is the highest court, its trials do not affect the power of the Court Martial or the Constitutional Tribunal of the Union. As stated, Myanmar is divided into seven divisions and states, as follows:110 1) States – The states where most of the population is ethnic minorities consist of Chin, Kachin, Kayin, Kayah, Mon, Rakhine, and Shan. 2) Divisions – Myanmar’s divisions with most of the population being Burmese consist of Ayeyarwady, Bago, Magway, Mandalay, , Tanintharyi, and . The local government structure among the 14 states/divisions is the same. The structure is characterized by three levels, consisting of district (kayai or mayonae), village (yawa or jeyawa), and urban community with a municipality or sanitary area (yakaewa, which means an area or a zone). Currently, there are 2,470 yakaewa.111 2.6.3 Police Organizational Structure and Police Adminis- tration During the time when Myanmar was known as Burma and ruled by a king, the Burmese police was supervised by town governors and village headmen. Police officers at that time were characterized as village police looking after villages and serving as a military reserve force. When Burma became a British colony, it adopted the British police system. Burma’s first police station was established in Arakan in 1825, which was called thana or thannah. Its responsibilities 65 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries included preventing and suppressing non-serious crimes, assisting military forces with , and assisting village headmen with maintaining peace and order.112 After World War II, a newly-established Burmese police organization and new form of armed police played a leading role in revitalizing laws and regulations and were involved in maintaining internal security, which was threatened by dacoit gangs, communist insurgents, and armed ethnic groups. After Burma gained independence from Britain in 1948, the Burmese Army, which was weak, gained its strength very quickly with its better organization and its greater influence on the management of its internal affairs. The coup d’état by General Ne Win in 1962 diminished Burmese police’s roles, and the Union became part of the Burmese Army. In 1964, the Burmese Police was reformed to be the People’s Police Force. Later, the responsibility for ensuring the respect for law and social order was transferred to the Burmese Army ().113 After political situations in Burma changed, efforts were made to reform the police organization to better serve the need of the general public and communities. In 1989, the government changed the country’s name from Burma to Myanmar. At the present time, the is part of the Ministry of Home Affairs.114 The Myanmar Police Force Headquarters is located in Naypyidaw. Myanmar’s seven states and seven divisions have their own police units; however, these units are

66 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries affiliated with the central police authority.115 The Myanmar Police Force’s authority includes crime prevention, investigation and prosecution of criminal cases, maintenance of public peace and order and public security, as well as narcotics law enforcement. The chief executive of the Myanmar Police Force is the “Director General of Myanmar Police Force.” Holding the Police Major General rank, the Director General of Myanmar Police Force is in charge of controlling and commanding the entire Myanmar Police Force. Below is the administrative structure of the Myanmar Police Force, which includes different agencies, as follows: 1) Headquarters 2) State and Division Police Forces 3) Special Departments 4) Training Centers 5) Reserve Units 6) Combat Police Myanmar has 14 state/division police forces, each consisting of four major compositions, as presented below: 1) The Commander’s Office of the State and Divisional Police Force (in seven states and divisions). 2) The Commander’s Office of the District Police Force (in 73 districts). 3) The Commander’s Office of the Township Police Force (in 33 townships). 4) 1,256 police stations. 67 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

The Myanmar Police Force’s manpower has approximately 93,000 officers,116 who are classified into three rank groups: senior commissioned police officers, commissioned police officers, and non-commissioned police officers. Police personnel development is the duty of the Training Centers. In Myanmar, there is one Central Training Institute of Myanmar Police Force (CTIMPF) and two Police Training Centers. In the past, the Myanmar Police was hardly mentioned. The roles in ensuring national security and affairs mostly belonged to the military institute. However, after the change in political situations – after the end of the administration of General Ne Win, efforts were made to reform the police organization to ensure its improved efficiency, to professionalize police operations, and to focus on community-based policing, by attaching great importance to coordination with the general public and use of online media, e.g. Facebook and websites.117 Myanmar’s inadequate budget monies, materials, equipment, and vehicles for executing duties among police officers have affected the efficiency and knowledge of their duty execution The Myanmar Police Force has received assistance from different international organizations to address this issue and build its capacity in terms of law enforcement and efficient solving of internal problems. An example is the assistance from the European Commission to Myanmar under the MYPOL Program.118 Beginning in 2017, this five-year project has the objectives to provide assistance for the Myanmar Police Force

68 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries to ensure that it is a modern organization in accordance with international standards, respects human rights, has an open relationship with communities, and creates public confidence in the police. The assistance is offered for training in different topics, e.g. community policing, crowd management, criminal investigation, and human resources management.119 Drug prevention and suppression is a major policy of the Myanmar government, which involves different agencies including the Myanmar Police Force. All of the agencies work under the control of the Central Committee for Drug Abuse Control. Under a drug problem-solving plan, the Myanmar Police has established the Drug Suppression Force with the goal to solve the drug problem within 15 years. In terms of transnational crime suppression, Myanmar is a member of the United Nations. In 2004, it became a member state of the United Nations Convention against Transnational Organized Crime (UNTOC). Later, an anti-transnational crime agency was established in Myanmar to deal with transnational crime. The Myanmar Police Force pays greater attention to transnational crime in the rapidly changing world. The transnational crimes focused on by Myanmar include terrorism, drugs, arms trade, piracy, cybercrime, money laundering, trafficking in persons, and economic crime.

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2.6.4 Laws Related to Police Law Enforcement Myanmar has a long history and has been influenced by Buddhism. Similarly, its legal system has evolved from a tradition called “Dammathat,” whereby judges judge legal cases in writing based on long-standing customs. The customs include civil and commercial laws, as well as family and legacy laws. In addition, Myanmar law has evolved from “Phyahton”– the judicial decisions passed by Courts, Benches and the King’s Hluttaw120. After Myanmar became a British colony, it was influenced by the British legal system. The Myanmar legal system is unique due to the combination of customs, as in the family law, British common law, and modern Myanmar law. The British common law that appears in Myanmar law include prescription law, arbitration law, corporation law, juristic act and contract law, witness law, promissory note law, trade law, property law, trust law, and civil procedure law.121 Criminal law in Myanmar came into existence in 1861. The provisions in the Criminal Code include the introduction; general definitions; penalties; general legal exceptions; instigation; support for crime; offences against the state; offences against the constitution; libel against foreign powers; offences against the army, the and air force; offences against peace and order; offences against civil servants; offences against elections; contempt of civil servants; evidence forgery and offences against justice work; offences against coins and stamps; offences against scales and meters; offences against health

70 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries and safety; offences against religions; offences against physique; offences against body; and offences against documents and trademarks. Laws that include criminal penalties in relation to public safety include drug laws. Drug laws enforced for controlling and solving the drug problem consist of the Burma Excise Act 1917, Narcotic Drugs and Psychotropic Substances Law, 1993; and the Rules relating to Narcotic Drugs and Psychotropic Substances Law, 1995.122 Concerning public assembly, Myanmar had a law which prohibited gatherings of more than five people in public areas, which was in force beginning from 1988 during the junta administration. That law conflicted with the country’s new constitution, which guarantees the freedom of expression. As a result, in 2011, the government of General Teng Seng, which tended to provide freedom to its citizens and wished to reform Myanmar in various aspects, abrogated the junta’s law.123 His government legislated to allow the general public to organize peaceful protests. This law stipulates that those who wish to organize an assembly shall inform authorities five days in advance of this and shall specify the time, venue, reasons, content, and route for the march. However, this law prohibits protestors from blocking traffic lanes or causing unrest during a march. Individuals who organize a protest without permission are subject to one-year imprisonment, and those who disturb a peaceful assembly are subject to a two-year imprisonment.124

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The Myanmar court system is subject to the Union Judiciary Law, 2010, which supports the court system under the Constitution of the Union of Myanmar, 2008, the structure of which is as follows:125 1) The Supreme Court of the Union – The Supreme Court, which is of the highest importance, and its power is above the High Court in divisions or states, which consists of the Supreme Court of the Union of Myanmar, the High Court of the Region or the State, the Court of Self-Administrated Division, Court of Self-Administrated Zone, the District Court, the Township Court, and other courts established by law, e.g. the Juvenile Court, Court to Try Municipal Offences, and the Courts to Try Traffic Offences. 2) The Court Martial – The Court Martial was established under the Constitution to try cases related to the army. Other courts have no jurisdiction over the Court Martial. 3) The Constitutional Tribunal of the Union. Concerning law enforcement, police officers are allowed to arrest the accused with an arrest warrant issued by the court. Making an arrest without an arrest warrant is allowed in some cases, e.g. persons suspected of committing a cognizable offense, persons reported of committing a cognizable offense, persons about whom police receive credible information indicating that they have commit- ted a cognizable offense, persons possessing equipment used for breaking into houses without legal grounds, persons suspected of possessing stolen property or committing an offense to obtain such property, persons who obstruct the execution of police duties, persons 72 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries who try to flee from legal detention, persons who have deserted their service from the army, navy or air force, etc. In addition, search is allowed with a search warrant issued by the court. 2.6.5 Building Public Safety Partnerships One of the efforts by the Myanmar Police Force to reform the Myanmar police is the establishment of a police-people partnership to tackle crimes in the form of community policing. The Myanmar government has attached great importance to the establishment of the police-people partnership and restoration of police image and confidence from the general public. However, there are many limitations in achieving that goal, whether in terms of resources, knowledge, personnel in charge, and creating confidence in police. Thus, many international organizations have provided Myanmar with assistance and support to achieve development of the work. Myanmar and the European Union (EU) have bilateral cooperation in human rights, community policing, and police reform to allow Myanmar police work to achieve international standards. One cooperative effort between them is that the EU has assisted the Myanmar Police Force with promoting the relationship between the police force and the general public under a community policing project, funded by the EU. The project has provided local communities with the opportunity to interact with local police and meet community police officers in urban areas. The EU has also provided Myanmar police officers with training (training to trainers). The EU has funded

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Myanmar’s police reform projects, which include community policing, crowd management, improvement of police accountability, and upgrading of the roles of the civil society and media sectors.126 Assistance with building a police-community partnership is part of the MyPol project. The Community Policing Project, worth 13.6 million USD, was first implemented in Mingalar Taung Nyunt Township in Yangon in January 2014. In March 2014, it was implemented in other areas, e.g. Sanchaung Township. The primary objectives of the project were to improve human rights-related practices and initiate the development of community-based policing. The private business sector plays a key role in the public service as a public safety partnership. Businesses provide security personnel at their establishments and formulate different security measures, which will help to prevent crimes in the local areas and reduce the use of force by the police. Urban areas which are the locations of crowded private business establishments, tourist attractions, and markets are provided with security personnel plus security equipment and materials needed for patrolling for incident prevention. However, security personnel are not allowed to possess or carry firearms. 2.6.6 International Policing The Myanmar Police Force has been a member of the International Police Organization (INTERPOL) since 13 June 1956.127 74 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

The Interpol National Central Bureau (NCB) for Myanmar is situated at the Myanmar Police Force Headquarters in Nepidaw. Its operation is focused on combating drug trafficking, trafficking in persons, money laundering, and terrorism. Myanmar joined the Association of Southeast Asian Nations (ASEAN) in 1997 amidst criticism and objection from Western nations, which commented that ASEAN should wait until the political situations and human rights violation situations in Myanmar improved. However, ASEAN accepted Myanmar as its member that year to ensure the unity of ASEAN and benefit Myanmar. Being an ASEAN member has been an opportunity for Myanmar to adapt to the international community. As for regional relationships, Myanmar has joined hands with ASEAN member countries through international conferences, e.g. the ASEAN Senior Officials Meeting on Transnational Crime (SOMTC) to combat narcotics and transnational crimes, ASEAN Ministerial Meeting on Transnational Crime (AMMTC), and ASEANAPOL. Its geography and the socio-political problem characterized by ethnic minority armed groups’ fights against the Myanmar government are major factors contributing to unrest and drug problems in some areas. Myanmar has to rely on international cooperation to tackle the problems with drugs, unrest, and domestic and transnational crimes. The types of crimes which are the focus of Myanmar police consist of drug trafficking, money laundering, trafficking in persons,

75 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries and terrorism. Accordingly, the Myanmar Police Force has relationships with police organizations in different countries for collaborative anti-crime efforts, e.g. the Australian Federal Police (AFP). Myanmar has cooperated with Thailand, Laos and Vietnam in the prevention and suppression of drugs and trafficking in persons.

2.7 Republic of the Philippines 2.7.1 Socio-economic Conditions The Philippines is an archipelagic country situated on islands which hold the same name – the Philippine Islands. Sharing no terrestrial boundaries with any countries, the Philippine Islands cover ​​300,000 sq.km. This country connects to the to the north and west and to the Pacific Ocean to the south and east. It consists of 7,107 islands. Approximately 40 percent of the islands (approximately 2,800 islands) are assigned official names. Its largest islands are divided into three groups: the Luzon Island group, in the north; the Visayas Island Group, in the middle; and southern island groups, with Mindanao being the main island, plus the Sulu Archipelago.128 The Philippines has a population of 103,320,220 million129. Its official language and spoken language is Filipino. The Philippine population is composed of various indigenous tribes and ethnicities, as well as newcomers. The newcomers comprise Christian westerners and Chinese who came to the Philippines for trading during the period when the country was dominated by Spain. Each of the groups 76 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries has its own culture, and this provides the country with linguistic and cultural diversity. Due to social development under Spanish and American rule, Philippine families have a close relationship like Spanish families, but the Philippine society is modern like American society, especially in urban areas.130 In 2016, the Philippines’ GDP was 304.90541 billion US dollars, with GDP per capita of 4.096 billion US dollars and a GDP growth of 6.9 percent.131 Its economic growth in the 2010s has been at a good level, which results from a number of factors, i.e. the expansion of the export sector, increase in domestic consumption, and the growth of the service sector. The Philippines has an advantage over other ASEAN countries because of the widespread use of English, which makes it an outstanding country in terms of services. Approximately 10 million Filipinos work overseas, which represents 25 percent of the total Philippine workforce, and these people remit a lot of money back to the Philippines. The most popular jobs for Filipinos overseas include nurses, English teachers, housewives, babysitters, singers, and musicians. Urbanization in the Philippines has occurred rapidly. Industrialization and migration to large cities are major factors contributing in a higher crime rate in large cities in the country. People migrate from rural areas to flee from hardship and natural disasters, which has led to the abrupt expansion of large cities, e.g.

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Manila. A lack of planning to support such expansion has resulted in resources and infrastructure of the cities failing to accommodate a large number of people, thus causing social inequality and then crimes.132 According to the Philippines National Police (PNP), the number of criminal cases in the Philippines in 2017 decreased from 2016. In 2017, there were 100,668 index crime cases, which decreased by 21.8 percent from 2016, when 128,730 index crime cases occurred. For the Philippines National Police, index crime cases consist of assault against persons and property, and statistics of these crimes are used for assessing public safety situations. Crime is concentrated is Manila, the capital city and most populated city, with 16,930 reported cases last year. The area with the least crime rate was the Autonomous Region in the Muslim Mindanao (ARMM), with only 1,141 reported criminal cases last year. In 2017, this country enjoyed a significant decrease in crime incidents, as a result of the government policy towards crime reduction. The government developed different measures and campaigns for public participation in crime reduction.133 A special type of is kidnapping for ransom. It is one of the countries with highest kidnapping rates, which creates fear among foreign investors and tourists. Offenders usually keep an eye on victims to observe their behavior, activities, and routes for some time before they act. Many kidnapping cases

78 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries have been conducted by criminal organizations, some of which are associated with terrorists or insurgent movements.134 Philippine law allows its citizens to apply for firearm possession and to establish firearm factories. Apart from licensed firearm possession, non-licensed firearm possession is prevalent in the Philippines. Firearms with an expiring permit are also found across the country, with some being smuggled from other countries and some being locally produced, which contribute to serious crimes. The most problematic drug in the Philippines is white-crystal methamphetamine, which is called shabu in Filipino (it is called “ice” in Thai), followed by marijuana, cocaine and ecstasy (methylenedioxy- methamphetamine (MDMA), ecstasy). Transnational crime groups establish drug factories and import drugs for sale in the country. Philippine authorities have cracked down and arrested groups of people operating various factories which produce drugs containing these synthetic substances countrywide, including in the center of Manila. 135 Meanwhile, the Philippines is a transit country for drug smuggling to other countries. The Philippines is still facing the issues of unrest and kidnapping from the Group (ASG), a terrorist group founded in the Philippines in 1991. This terrorist group split from the Moro National Liberation Front (MNLF). Without having fixed operational bases, this group has operated in the southern Philippines. In 2000, it started its movement and operations which were outside

79 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries of its normal area by kidnapping 21 tourists on the Sopadan Islands. Mostly, its movement involves kidnapping, armed attacks, and placement of bombs in various areas.136 In 2017, terrorist organizations which were expanding in the Philippines, including the Abu Sayyaf Group (ASG), Dawlah Islamiyah Lanao or the Maute Group, and other small extremist militant groups declared their advocacy for the ISIS Group and seized Maravi in Mindanao. Thus, President Rodrigo Duterte declared in areas over the Mindanao region, which represented one-third of the entire country area. The national security force cracked down on them and eliminated hundreds of the group leaders.137 2.7.2 Political Structure The Philippines is a republic democratic country, with the president serving as the head of the state and the leader of the executive power. The Philippine political structure is composed of three administrative powers, as follows: 1) Executive power – The Philippines president comes from a direct election from the general public. Serving a single, fixed, six-year term in office, the president is the head of the government. The public administration is run by secretaries. 2) Legislative power – The Senate consists of 24 members, who are elected. They serve a six-year term and are allowed to serve two consecutive terms in office. The House of Representatives consists of 250 members, 200 from a direct election and the rest

80 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries are members from the party-list proportional representation of different interest groups, with a three-year term and members can serve up to three consecutive terms. 3) Judiciary Power – The judiciary is responsible for law enforcement through the courts. Courts in the Philippines are divided into four levels – Local Court, Regional Court, National Court, and Supreme Court (also known as the “High Court”). The Philippines has 17 administrative regions, 80 provinces, and 120 cities. Elections exist for all levels of leaders, ranging from the president to the local leader at the Barangay level, the smallest administrative division in the Philippines. The local government in each province has its autonomy and it is directed by the Ministry of Interior and Local Government. 138 The 17 regions include the National Capital Region. As for the remaining 16 administrative regions, eight are on the Luzon Islands, three in the Visayas Islands, and six on the Mindanao Islands. 2.7.3 Police Organizational Structure and Police Adminis- tration The Philippines National Police and policing in the Philippines were founded on 23 June 1898, when the Department of Police and Internal Order was established by the Constitution of the coup d’état government under the leadership of General Emilio Aguinaldo. Subsequently, Philippine policing was organized as an insular constabulary, which was founded on 8 August 1901. Captain Henry

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T. Allen served as the first police chief. The insular constabulary was considered to be a force which pioneered national policing in the Philippines, which adopted based upon the American police system.139 In 1902, the “Department of Police and Internal Order” was renamed to “The Philippines National Police.” Since then, its name has changed several times in response to changes by the time and needs of the country. In 1986, the new Constitution was promulgated, providing for the establishment of a police force which is national in scope and civilian in character. On 13 December 1990, the Republic Act no. 6975 entitled “The Act Establishing the Philippines National Police under a Reorganized Department of the Interior and Local Government (DILG)” was promulgated, and it came into effect on 1 January 1991. To strengthen and optimize the Philippines National Police (PNP), make it community service-oriented, and allow it to better implement government policies, the PNP Reform and the Reorganiza- tion Act of 1998 was enacted on 17 February 1998. The PNP was restructured to achieve more efficient operations. This police reform featured a significant structural change – it shifted the Philippines National Police to be under the control of the National Police Commission (NAPOLCOM) in terms of administration and oversight.140 The Philippines National Police is under the Department of Interior and Local Government. The National Police Commission,

82 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries in which the Minister of Interior and Local Government serves as the chairman, who is in charge of administration, control, and supervision of the Philippines National Police. The National Police Commission is also responsible for administering the police entrance examination, investigating unqualified police cases, and organizing the PNP Promotional Examinations. It also plays a role in promoting partnerships between the police organization, local governments, and communities.141 Below is the structure of the Philippines National Police: 1) The PNP Command Group – It is led by the Chief of the PNP, who has the authority to command and supervise the Philippines National Police. The PNP Command Group consists of senior executive officers under the PNP Chief, which include one Deputy PNP Chief (Operation), Deputy PNP Chief (Operation), and Chief of the Directorial Staff. These chiefs act as chief operating officers of the Philippines National Police, who take charge of the coordination, inspection, and supervision of officers serving as the chiefs of administration units and the chiefs of offices affiliated with the Philippines National Police. 2) Agencies directly under the Philippines National Police – The agencies consist of the Internal Affairs Service (IAS), the Center for Police Strategy Management (CPSM), the Human Rights Office Rights Affairs Office (HRAO), the Peace Process and Development Office, and the Counter Intelligence Task Force.

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3) The Directorial Staff – This comprises 16 units, including Human Resources, Logistics, Information Technology and Communication, and Research and Development. 4) Support Unit – There are 24 units that support the Philippines National Police. Eleven of them are administrative support units and fourteen are operational support units, which support important operations. The units include Logistics, Financial Services, Investigation, Anti-cybercrime, Highway Police, Narcotics Law Enforcement, and Anti-abduction. 5) Local Operation Unit – This includes the National Capital Regional Police (NCR), which is responsible for Manila. Its affiliated agencies consist of the Regional Mobile Force Battalion and District Offices. The District Offices consist of the Northern Police District, Eastern Police District, Manila Police District, Southern Police District, and Quezon City Police District. Being directly under each of the five District Offices, the NCR District Mobile Force Battalion is responsible for maintaining peace and order and its operation is supported by its affiliated police stations. Police stations provide services to the general public and prevent and suppress crimes in the local areas and municipality. Police Regional Offices – They are responsible for areas outside of Manila. There are 16 Police Regional Offices, namely, Regional Police Office 1-3 and 5-13, Autonomous Region in Muslim Mindanao (ARMM), the Cordillera Administrative Region (CAR),

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CALABARZON or Southern Tagalog Mainland (it originally was the 4-A area), and MIMAROPA or Southwestern Takalok (it originally was the 4-B area). Each of 16 Police Regional Offices has an affiliated agency, which is the Regional Mobile Force Battalion. The Police Provincial Office exists in 80 provinces. Directly under the Police Provincial Office in 80 provinces, the Provincial Mobile Force Company is responsible for maintaining peace and order in its areas of responsibility and supporting operations of its affiliated police stations, which consist of the Municipal/Component City Police Station. Each police station has its own precincts. The City Police Officer (CPOs) is located in 20 independent and advanced cities. The status of CPOs is equivalent to the Provincial Police Office and the City Mobile Force Company. The CPO is responsible for maintaining peace and order in its areas of responsibility and supporting operations of its affiliated police stations. The number of personnel of the City Mobile Force Company varies as it depends on the situations related to peace or order in each province. Police stations affiliated with the CPO Police Station serve as local service units. The responsibilities of the Philippines National Police include enforcing laws, maintaining peace and order, preventing and investigating crimes, bringing offenders into the justice process, exercising power in compliance with the Philippine constitutional laws and relevant laws, complying with laws and regulations pertaining

85 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries to firearm and explosives control, as well as supervising and controlling the training and performance of private security operators. The Philippines National Police has approximately 162,000 uniformed personnel and 9,000 non-uniformed personnel, with the police-general population ratio of 1:700. Female police officers represent 15 percent of all police officers, which is in accordance with law pertaining to the equality of women’s rights. The rank of Philippine police officers is divided into two groups: commissioned and non-commissioned. Its police rank system is similar to the British police rank system. In January 2018, the Philippine government approved a salary increase for all ranks of police officers, which took effect after President Duarte signed Joint Resolution No. 1 on increasing the salary for uniformed personnel affiliated with the Ministry of Interior and Local Government. For the Police Officer 1 (PO1), the lowest police officer rank, the former salary rate of 14,834 pesos (about 9,274 baht) was increased by 100 percent to 29,668 pesos (approximately 18,548 baht). Higher ranks were subject to a lower salary increase rate because the government prioritized the salary raise for the lowest level police officers due to budget constraints. The average rate of the salary increase across all ranks was 58.7 percent.142 Concerning police personnel recruitment and selection, female police recruits must represent ten percent of all recruits each time. 86 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

Examination administration and selection are conducted by the National Police Commission. Normally, the application is open once a year, and it must be done online. The starting position for newly recruited police officers is PO1. Successful candidates must complete a one-year training program which is dedicated to six-month academic training and six-month field training. Before they start working, they must complete the Special Counter Insurgency Operation Unit Training (SCOUT) to enhance their understanding about military missions and strategies for future operations. The applicants for the Philippines National Police Academy are senior high school graduates who meet required qualification criteria. Successful candidates will have to attend a four-year undergraduate program at the Philippines National Police Academy. Philippine police education and training are the responsibility of the Philippine Public Safety College (PPSC), which is directly under the Ministry of Interior and Local Government. The Philippine Public Safety College provides education and training for government officers from three agencies – the Philippines National Police, the Bureau of Fire Protection, and the Bureau of Jail Management & Penology (BJMP). The Philippine Public Safety College has six affiliated edu- cational and training institutions, as follows: 1) The National Police Training Institute (NPTI), which has 18 affiliated Regional Training Centers (RTCs), provides training for police officers from the Philippines National Police.

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2) The Philippines National Police Academy (PNPA), which provides a four-year undergraduate degree (Bachelor of Science in Public Safety (BSPS)). It produces personnel for three agencies, i.e. the Philippines National Police, the Bureau of Fire Protection, and the Bureau of Jail Management & Penology (BJMP). 3) The National Police College (NPC), which provides advanced education or training courses for executives from three agencies, i.e. the Philippines National Police, the Bureau of Fire Protection, and the Bureau of Jail Management & Penology. The NPC Director is a police officer. 4) The National Jail Management and Penology Training Institute (NJMPTI) – The NJMPTI Director is an officer of the Bureau of Jail Management & Penology (BJMP). The NJMPTI provides training for officers affiliated with the Bureau of Jail Management & Penology. 5) The National Fire Training Institute (NFTI), which trains officers affiliated with the Bureau of Fire Protection. 6) The National Forensic Science Training Institute (NFSTI), which trains officers affiliated with three agencies, i.e. the Philippines National Police, the Bureau of Fire Protection, and the Bureau of Jail Management & Penology. The Philippines National Police developed the PNP Patrol Plan 2030 to serve as the operational strategy for all relevant agencies. The main objectives of the plan are to enhance143 the focus of, and collaboration in, police operations through domestic security policies and strategies; restructure the police system to reduce mistakes; 88 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries adjust institutional mechanisms to ensure unity in command and internal management of the National Police; enhance its capacity by improving operational and administrative relationships; and strengthen police stations. 2.7.4 Laws Related to Police Law Enforcement The Philippine legal system is a combination of customs, Roman (civil law), Anglo-American (customary law) systems, as well as Islamic law. Its legal system results from the immigration of Muslim Malay during the 14th century, which continued until the Spanish and American colonization periods. The civil law applies to family relations, property, succession, contracts, and criminal law, while the principles of common appear in constitutional law, the Code of Criminal Procedure, as well as the law on corporation, tax, insurance, labor relation, banking, and finance.144 Criminal law in the Philippines has been evolving. During the Spanish colonization, the Spanish Codigo Penal was applied in the Philippines. It became a law in the Philippines through a Royal Decree in 1870. Later, a Penal Code was written by the Spanish colonizer, which became effective on 14 July 1876. This law was applied until the U.S.A. colonized the Philippines. The American colonizers revised the Penal Code, and the Revised Penal Code has been used until now. Violations of the Revised Penal Code are felonies, while violations of Special Penal Laws are offences. Those who commit a 89 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries criminal offense may be subject to criminal, civil or administrative liability. In addition to the Revised Penal Code, there are laws that prescribe criminal offences, e.g. laws on unlawful possession and sales of narcotics, money laundering, and unlawful possession of firearms. These laws are called “Special Penal Laws” and they form part of Philippine Criminal Laws. There are some differences between crimes punished under the Revised Penal Code and Special Penal Laws. Violations of the crimes listed in the Revised Penal Code are referred to as ‘mala in se,’ which means that the act is bad or wrongful in itself. On the other hand, violations of Special Penal Laws are referred to as ‘malum prohibitum,’ which is an act that is wrong because it is prohibited by the state. The 1987 Constitution of the Republic of the Philippines prescribes civil rights. Arrests and detentions shall be conducted on the basis of human rights and equality (1987 Philippine Constitution, Article 2, Section 4-5). In addition, citizens are allowed to have a public assembly in compliance with public assembly law. To conduct a public assembly, one must file a written request with the municipal office in the area where the assembly will be organized. Public assemblies in freedom parks, private places, public universities under the university rules and regulations, political meetings, and assemblies during election campaigns do not require permission. This is more about the request for using a venue than conducting a public

90 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries assembly. In a case when authorities reject such a request or set conditions of the approval, the applicants are entitled to file a lawsuit in the local area within 48 hours and the court shall hear the case within 24 hours. The Philippine court system was influenced by both the Spanish and American court systems. The Philippine courts are divided into four levels, as follows: 1) Local courts – These courts consist of the Municipal Courts, courts in major cities, and the Municipal Circuit Trial Court, which will rotate to different areas to try non-serious cases. 2) Regional courts – They try cases which are more serious than cases heard by local courts and appeal cases. There are 13 regional courts, located in each of the 13 regions. 3) National courts – They are the Appeal Court and Islamic Court, which mostly try tax appeal cases, civil servant cases, corruption cases, and cases that are subject to Islamic law. 4) The Supreme Court, or the “High Court” – It consist of 14 chairpersons and 15 juries. They try political cases, appeal cases, petition cases, and nationally-important cases, e.g. discharging the president or suspending the promulgation of martial law. All judges on the Supreme Court are nominated and selected by the president through voting of the parliament. 145

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2.7.5 Building Public Safety Partnerships Building public safety partnerships in the Philippines has evolved since the establishment of the police and local administration systems, which were influenced by the American colonizers in the past, when Philippine police were very close to, and collaborated with, local governments and local governments played a very significant role in police administration. In modern times, the Philippines National Police, which has a centralized structure and administration and is supervised by the Ministry of Interior and Local Government, attaches great importance to building public safety partnerships in the form of community policing or problem-oriented policing. The concepts of community policing and problem-oriented policing have replaced the traditional policing concept, focused on reported criminal incidents and on providing prompt responses. However, modern police have to engage with communities in joint crime prevention and reduction programs. In 1990, the Philippine government developed policies on promoting peace and order in society and public safety, as well as strengthening local governments for the efficient provision of basic public services. To achieve this, the government had to set up an integrated system for collaboration and coordination between the general public, local administrators, law enforcement agencies, and public safety agencies.146 From the policy, the community-oriented policing system (COPS) was introduced to the Philippines National

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Police, and the Strategic Action Plan for the Philippines National Police was developed. In 1998, the law on police reform and restructuring of the Philippines National Police entitled “An Act Establishing the Philippine National Police under a Reorganized Department of the Interior and Local Government, and for Other Purposes” came into being. In this reform, the National Police Commission (NAPOLCOM) was established under the Ministry of Interior and Local Government to oversee police administration. The National Police Commission improved the community-based police system (COPS) to become the community and service-oriented police system (CSOP). This aimed to empower the Philippines National Police to achieve police reform to enable the police organization being community and service-oriented and to ensure partnerships between the police, communities, and local governments. The National Police Commission has played a significant role in the administration of the Philippines National Police in terms of policy formulation, general administration, personnel administration, and issuance of regulations governing the performance of police du- ties. Local administrators, i.e. the Governor and Mayor, represent the NAPOLCOM in their areas of responsibility. They play an important role in defining efficient mechanisms for collaboration, coordination, provision of consultation on local administration for law enforcement agencies for driving CSOP, as well as preparation and implementation of the three-year plan for maintaining peace and order and public

93 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries safety. The three-year plan is integrated into comprehensive development plans of local governments.147 The Governor plays a role in appointing different levels of police chiefs, e.g. the Police Provincial Director, by selecting from a list of three nominees proposed by the Police Regional and the Chief of the City Police Station. The City/Municipal Mayor is authorized to appoint different levels of police chiefs, by selecting them from a list of five nominated police officers from his/her province proposed by the Police Provincial Director In addition, local governments provide support for the performance of duties by police officers at police stations in terms of vehicles, materials and equipment, which include patrol cars, motorcycles, communication radios, shields, body armor, , rifles, equipment used for examination at crime scenes, crowd control equipment, and other equipment. Private security personnel are one partner with police officers to provide public safety. The Philippines National Police is in charge of directing and controlling training and operations of private security operators. The Civil Security Group (CGS) is responsible for controlling business operations and activities of security personnel and organiza- tions/companies which provide security personnel. The Philippines National Police has also established a partnership with the Armed Forces of the Philippines. Some areas of the Philippines still experience problems of unrest, with armed forces fighting with the state. Thus, the Philippines National Police

94 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries has a relationship with the Armed Forces of the Philippines with regard to operations to maintain national peace and order and security. They share anti-insurgency responsibilities for the suppression of insurgency and other serious threats to national security. In addition, they jointly perform operations during emergency situations in the country. 2.7.6 International Policing The Philippines National Police joined the International Police Organization (INTERPOL) on 13 June 1956. Unlike other ASEAN countries, the National Central Bureau (NCB) for the Philippines is not under the Philippines National Police, but under the Office of the President. The NCB coordinates with all law enforcement agencies in the Philippines. Such organizational structure provides the NCB with access to all law enforcement agencies in the country. The Philippines is among the first five countries (others are Indonesia, Malaysia, Singapore, and Thailand) which found ASEAN. In 1981, the first “Chiefs of ASEAN Police” Conference was convened in Manila, the Philippines. This meeting was attended by representatives from these five countries.148 The Philippines National Police has played an important role in ASEAN cooperation on a continual basis. The Philippines National Police has bilateral relations with police organizations in different countries for the prevention and suppression of transnational crime and development of police organizations in different areas. The cooperative issues vary from one 95 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries country to another country, depending on national interests and reciprocal benefits. For example, bilateral cooperation between the Philippines National Police and police organizations from the U.S.A. has a long history. The Philippines has received a lot of support from the U.S.A., Australia, Sweden, South Korea, Taiwan, Indonesia, Malaysia, Cambodia, and Thailand.

2.8 Republic of Singapore 2.8.1 Socio-economic Conditions The island of ​​709 sq.km, the Republic of Singapore is Southeast Asia’s smallest country and located at the end of the Malay Peninsula. It is situated to the south of Malaysia, and both countries are bisected by the Straits of Johor. Located to the south is the . It has a population of 5,607,280.149 English, Mandarin, Malay and Tamil are official and spoken languages in Singapore. The Singaporean population is comprised of diverse ethnicities, i.e. Chinese (76 percent), Malay (13.7 percent), Indian (8.4 percent), and others (1.9 percent). No state religion is defined in this country. The Singapore government gives its citizens the freedom of religion. Most are Buddhists (42.5 percent), while the rest of the population is Islamic (14.9 percent), Christian (14.6 percent), Taoist (8.5 percent), Hindu (4 percent), others (0.7 percent), and the irreligious (14.5 percent). The ethnic diversity contributes to a diversity of cultures in the country, in terms of food, dress, traditions, and beliefs.150

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In 2016, Singapore’s gross domestic product (GDP) was 296.975.68 billion US dollars and GDP per capita was 52.9625 billion US dollars, with a GDP growth rate of two percent.151 In ASEAN, Singapore’s per capita income is the highest, with the major source of revenue being derived from the service sector, representing over 65 percent of its entire revenue. Its major industries are industries which rely on scientific and technological knowledge, e.g. electronics, chemical and engineering industries.152 The main reason why this small country has become one of the world’s most competitive countries is its focus on scientific and technological development. The Singapore government believes that research and development are the key to the country’s economic development towards the goal of becoming an innovation-driven economy. There is a low crime rate in Singapore. In 2017, the Economist Intelligent Unit ranked 60 cities across the globe in terms of security, and Singapore ranked no. 1 for personal security and no. 2 for cyber security.153 Most crimes in this country are non-serious crimes and do not involve victim confrontation, i.e. breaks-in and opportunistic assault against persons and property, e.g. purse snatching, pickpocketing, and stealing. The most common areas for the crimes include crowded areas, buses, mass transit systems, roads, markets and nightlife establishments. Serious crime cases are less frequent. If any weapons are involved in committing crimes, they are usually non-serious

97 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries weapons, e.g. knives or cutters. The country controls firearms strictly and firearms abuses are subject to severe penalties.155 However, the economic prosperity, as well as information and communication technology advancement, provides Singaporean citizens with Internet access, which allows them to have convenient and fast channels for communication and financial transaction channels. These factors contribute to assault to property which involves modern communication. In Singapore, there are a large number of phone and Internet scams, which occur in various forms. Concerning drug problems, despite serious penalties on drug offenders, including capital punishment or life imprisonment, drugs are widespread in Singapore. A large number of drug users are new drug users, and many arrestees in drug cases are below 30 years in age. In addition, challenging a situation for solving drug problems are the vast number of high-interest transnational drug production and trade organizations.156 The most prevalent drugs in Singapore are methamphetamine (crystal methamphetamine or Ice in Thai), heroin, and marijuana, respectively. Terrorism threats in Singapore are at a low level. While Singapore may not be a target area for terrorist attacks, it may be used by terrorists as secret hiding place for preparing for an attack elsewhere. However, the Singapore government has attached great importance to the terrorism issue. Government agencies have monitored both local extremists and foreigners, including people from neighboring countries, who arrive in, and depart from, Singapore. 98 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

2.8.2 Political Structure Singapore is a republic democratic country, with the president serving as the head of the state and the prime minister serving as the leader of the executive power. The president serves a six-year term in office, and the cabinet serves a five-year term. The Singapore political structure is composed of three administrative powers, as follows:156 1) Executive power – comprises of the president and cabinet which administer the country through ministries, departments and government agencies. Government agencies implement government policies within the scope of their authority for the utmost benefits to the country. 2) Legislative power – in Singapore is executed by unicameral parliament, which is influenced by the British Westminster system. Serving a five-year term, members of parliament in Singapore are classified into three groups: 1) Member of parliament from an election (MPs), 2) Nominated members of parliament (NMP), and 3) Non-constituency members of parliament (NCMP). 3) Judiciary power – is an independent power, which is very difficult to interfere with. The judiciary is divided into two levels: the Court of First Instance and the High Court. Singapore is composed of five regions: the Central Region, the West Region, the North Region, the East Region, the North-East Region,

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2.8.3 Police Organizational Structure and Police Adminis- tration The evolution of the Singaporean police began when Western colonies came to rule this region like other countries. The (SPF), one of the oldest government organizations in Singapore, was founded in 1820. At that time, Francis James Bernard served as a police assistant supervising Singapore’s first small police unit, which was comprised of a sergeant, a writer, a jailer, and eight constables.158 This small force did not require much budget and focused on enabling police officers to perform a variety of duties and work with community leaders to maintain peace and order in different areas in accordance with local norms and traditions. Cooperation in communities was in line with the ’ policy to allow British colonies to flourish under the leadership of local people. This small police force was strengthened in 1826, when Singapore police, in conjunction with Malaccan and Penang police, were part of the Police under the oversight of the British colonizers.158 The Singapore Police Force had a major change in the 1900s, when forensic science work was developed to help combat crime (e.g. keeping criminal records, application of the fingerprint system, and the establishment of the Police Bureau on South Bridge Road). Later, the number of police personnel increased to approximately 2,000. The marine police unit, traffic police, police force training unit,

100 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries and communications stations were established. This change contributed to an increase in peace and safety in Singapore when compared to the situation in the late 1800s160. The Singapore Police Force enjoyed development after being separate from Malaysia in 1965. Hardships that Singapore encountered after its separation from Malaysia pressured Singapore to maintain harmony and unity in the county and avoid conflict which could pose a risk to national security. Political policies resulted in the Singapore police reform. Singapore politicians set police development goals and provided full funding support. The Singapore Police Force is affiliated with the Ministry of Home Affairs, with the Commissioner of Police serving as the top executive, assisted by three Deputies of Police. Its scope of work includes policies, operations, as well as investigation and intelligence. Its affiliated departments are divided into three groups. 1) Staff Departments are responsible in management and finance, community partnerships, manpower, planning and organization, logistics, and international cooperation. 2) Staff Departments include the Economic Crime Department, the Criminal Investigation Department, the Police Intelligence Department, and the Next Generation System Directorate. 3) Specialist and Line Units serve as major units which are in charge of crime prevention and suppression, as well as local police. They include the Division, the Home Team School of Criminal Investigation, the Public Transport Security Command, the Special Operations Command, the Training Command, the Police 101 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

Coast Guard, the Security Command, the Presidential Security Unit, Traffic Police, the Protective Security Command, and Area Police Divisions in six areas. There are approximately 16,500 personnel affiliated with the Singapore National Police. The personnel include approximately 7,600 police officers (46 percent), 2,100 senior police officers (13 percent), 1,600 civil officers (10 percent), and 5,200 national service officers (30 percent). Singapore National Police also has approximately 1,000 volunteer polices and 27,000 reserve police force. The Singapore police rank system is similar to the British police rank system. However, it has a single rank structure, which includes, from the highest to the lowest level, 1) Commander, 2) Deputy Commissioner, 3) Senior Assistant Commissioner, 4) Assistant Commissioner, 5) Deputy Assistant Commissioner, 6) Superintendent, 7) Deputy Superintendent, 8) Assistant Superintendent, 9) Inspector, 10) Station Inspector, 11) Senior Staff Sergeant, and 12) Sergeant. To become personnel of the Singapore Police Force, one can apply for one of three positions: sergeant, inspector, and civilian officer. The main police training institution is the Home Team Academy, which is in charge of training all law enforcement officers, e.g. police officers, correctional officers, and immigration officers. Training in the institute is designed to provide for efficient learning. Modern equipment, training venues and technology, practical training, and physical performance enhancement are available to ensure efficient performance of trainees after they complete their training. 102 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

2.8.4 Laws Related to Police Law Enforcement Singapore has adopted the British legal system, which is common law, and involves the single court system. In this type of system, adhering to the natural justice concept, lawyers regard that that all individuals are equal by law, so they shall be subject to the same law and the same court. Under the common law system, there is no differentiation between the private party and the government officer/agency party – both parties are subject to the same legal rules.161 The Statutes of the Republic of Singapore Penal Code (Chapter 224) prescribe general legal provisions, e.g. penalties, exceptions to liability, and conspiracy. They also include provisions pertaining to different types of offences, e.g. offences against the state; piracy offences; genocide offences; offences against the army; offences relating to unlawful gatherings; offences committed by or related to civil servants; offences relating to evidence and the justice system; offences relating to coin and government stamps; offences relating to weights and measures; offences affecting the public health, safety, convenience, decency and morals; offences relating to religions or races; offences against the body; offences against property; offences relating to documents or electronic records, currency and banknotes; offences relating to marriage; offences relating to defamation, intimidation, affront, and annoyance; and attempts at committing crimes.162

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Placing a great importance on maintaining order and safety in its different cities, Singapore has stringent laws on public conduct providing for severe penalties. For example, to cross the road, people shall use a pedestrian crossing, pedestrian bridge, underpass, or designated way. Singapore prohibits littering, urinating and spitting in public places. In addition, it prohibits people from importing, selling, and chewing gum. There is law pertaining to peace and order, entitled “The Public Order Act.” This law was enacted in 2009 and was subsequently amended in 2012. This law provides rules concerning assemblies and demonstrations in public spaces and provides competent officers with the necessary authority to maintain public order and safety.163 The Singapore courts are divided into two classes.164 1) Subordinate Courts – Singapore’s Subordinate Courts are classified into five categories: District Courts, Magistrate’s Courts, Coroner’s Courts, Juvenile Courts, and the Committee Hearing Cases with Small Compensation. Singapore also has Specialized Courts, which are at the same level of Subordinate Courts, but they hear cases with specific offences. They include Criminal Mention Courts, Traffic Courts, Family Courts, and Sentencing Courts. 2) High Courts – They consist of Supreme Courts and Permanent Courts of Appeal. Singapore’s Supreme Court, which is similar to Thailand’s Court of First Instance and Court of Appeals, hears cases appealed from lower courts. Singapore’s Permanent Court of Appeal is similar to Thailand’s Supreme Court in nature. 104 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

2.8.5 Building Public Safety Partnerships Singapore’s building of a public safety partnership for crime prevention involves the community policing concept. Singapore has studied and applied practices pertaining to community-police collaboration used by the Japanese police. Below presents the evolution of community policing-based public partnership building, which began in Singapore in the 1980s, through different phases, as follows: Phase 1 – In the early 1980s, the Neighborhood Police Post (NPP) was established to allow police officers to stay in close contact with the general public in different communities. Police officers were assigned to conduct community visits, and foot patrol officers and bicycle patrol officers were provided. The Community Police Coordination Committee was set up to serve as a communication channel between police officers and communities. Phase 2 – A challenge during the 1990s was the complexity of social disorderliness, increased expectations of the general public, and changing expectations of recruitment of new recruits. In 1996, the NPP was revamped to become the “One Stop Policing Center” in the form of the “Neighbourhood Police Center” (NPC). More resources were allocated to the NPC. The Community Safety and Security Program (CSSP) was established. Community leaders, community residents, and concerned citizens from different sectors worked with police officers to identify both problems and solutions to crimes and safety issues in their communities.

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Phase 3 – In 2012, Singapore’s community policing was optimized. The NPC was upgraded to be the Community Policing System (COPS). Two additional agencies were set up, which were the Crime Strike Force (CSF) and Community Policing Unit (CPU), in each NPC to tackle crimes and work with communities on the issue with crime prevention. This upgraded the combat against crimes and promoted police-community collaboration. Technology was utilized for crime prevention, deterrence, and investigation. The “Community Policing Officers” were established as part of the COPS to enhance positive relationships between police and communities, with police officers wearing a uniform that looks friendly and accessible for the general public. Community policing also needed the cooperation from the private sector and business owners to work with police officers to ensure security. The Safety and Security Watch Group (SSWG) was set up as a platform for business owners, security units, and police officers to collaborate, learn about best practices, and share resources to prevent crimes and terrorism in areas where ​​commercial buildings were located. To raise the awareness of the general public of, and educate them about, crime prevention, in 1981, the National Crime Prevention Council was established to support operations of the Singapore Police Force. The National Crime Prevention Council is a non-profit organization, and all of the funding to this organization has been

106 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries derived from donations. The aims of the establishment of the organization were to change the public mindset and encourage the private sector and the general public to take responsibility for crime prevention through collaboration with police officers, business organizations, and the industrial sector. This aimed to educate the general public about crime prevention, enhance their self-defence skills, serve as a bridge between police, the private sector and the general public, as well as reveal the private sector’ s feedback provided to police organizations. 2.8.6 International Policing The Singapore Police Force joined the International Police Organization (INTERPOL) on 1 October 1968. The International Cooperation Department (ICD), which is under the Singapore Police Force, has a mission to build cooperation between police and strategic partners worldwide using different methods. These methods include sending out police attachés, preparation of memorandums of understanding (MOU), and participation in regional and international law enforcement activities. Housing the INTERPOL National Central Bureau (NCB) for Singapore, the ICD serves as the coordinator for cooperative efforts among police in different countries in terms of investigation and operations. This is Singapore’s law enforcement channel for exchanging information/data, which builds cooperation among police across borders and builds relations with local agencies.165

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The Singapore Police Force demonstrated its willingness to assist international policing by deploying officers to join the United Nations Peacekeeping Force in Namibia in 1989. Joining this mission reflected the start of the Singapore Police Force playing a role in international policing. The Singapore Police Force was involved in other missions in subsequent times, including in South Africa, Cambodia and .166 Singapore is home to the INTERPOL Global Complex for Innovation (IGCI), which is part of INTERPOL. It was established to facilitate modern research and development for the study of the nature of crimes and offenders, new training styles, and support and partnership in operations. The center is part of the General Secretariat of INTERPOL in Lyon, France. It was also established to expand the INTERPOL network in Asia. The center is composed of three parts, as follows:167 1) Digital security – The scope of responsibilities of this part includes cyber security and cybercrime prevention and suppression; forensic laboratories to support cybercrime investigation; research to test methodologies, tools, and administration and to analyze the trends of cyber-attacks; development of solutions through collaboration with police, laboratory research, educational institutions, as well as the public and private sectors; and cyber-security management. 2) Capacity building and training – This deals with research on training and research methodologies; translation of these research findings into activities of local police officers; as well as practical and online training in classrooms. 108 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

3) Operational and investigative support – This part concerns identifying offences and harms of existing crimes, e.g. ASEAN organized crimes, identification of disaster victims, and support in confronting large-scale crises. Singapore is one of five countries (the other four consist of Indonesia, the Philippines, Malaysia, and Thailand) which founded the ASEAN community. In 1981, the first “Chiefs of ASEAN Police” meeting was officially convened in Manila, the Philippines. This meeting was attended by representatives from these five countries.168 Singapore is an island country, and its closest neighboring country is Malaysia. The Singapore Police Force has a close relationship with Malaysia as a result of ethnic, cultural, and linguistic similarities. Malay people in Singapore can use their language to communicate with Malaysians, and citizens from Singapore and Malaysia use English well, which, unfortunately, has resulted in phone scams as transnational crimes, whereby offenders commit crime in one country and their offence affects victims in another country. The Commercial Affair Department (CAD), which is in charge of online scams or phone scams, has collaborated with foreign police organizations, e.g. the Commercial Investigation Department of the Royal Malaysia Police to supress offenders. In terms of personnel development, Singapore and Brunei have had a close, continuous relationship in policing efforts. Brunei has sent senior police officers (or commissioned police officers) to

109 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries attend a nine-month training course, as well as other courses, at Singapore’s Home Team Academy on a regular basis. The Thai police organizations and the Singapore Police Force have had a positive relationship, as witnessed through cooperation in transnational crime prevention and suppression and organizational development through support for training and educational trips.

2.9 Kingdom of Thailand 2.9.1 Socio-economic Conditions Situated on the Indochina Peninsula, the Kingdom of Thailand borders with Myanmar to the north, with Laos to the , with Cambodia to the east, with Malaysia and the Gulf of Thailand to the south, and with the Andaman Sea and Myanmar to the west. It spans 510,890 sq. km and has a population of 68,863,510.169 Thais are comprised of diverse ethnicities, including Lao Thai, Mon Thai, Khmer Thai, Chinese Thai, Malay Thai, Javanese Thai, Cham, Vietnamese, Burmese, as well as various hilltribe ethnicities, e.g. Karen, Lisu, Hmong, and Suai.170 There are also a large number of migrant workers in the private sector in Thailand, whose nationalities include Burmese, Cambodian, Laotian, Vietnamese, and Filipino. Approximately 95 percent of the Thai population practices Theravada Buddhism, which is the state religion. Four percent of the Thai population, mostly in the lower southern Thai border provinces, practices Islam, and one percent practices Christianity and other religions. 110 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

In 2016, Thailand’s gross domestic product (GDP) was 407.02613 billion US dollars, with GDP per capita of 5.9106 billion US dollars and a GDP growth rate of 3.2 percent.171 Having a big economy scale when compared to other ASEAN member countries, Thailand is a high-middle income country. According to the World Bank, in 2017, Thailand enjoyed a GDP growth rate of 3.9 percent, which was a low growth rate when compared to other ASEAN countries. Concerning issues pertaining to crime and public peace and order in Thailand, in the 2017, there were 494,827 criminal cases reported to police, and suspects in 459,425 cases were arrested (92.85 percent). The majority of the cases involved offences against the state and social security, which consisted of 396,454 cases (80 percent). There were 36,032 cases which were offences against property (12 percent), 14,832 cases which were offences relating to life, body and sexuality (4 percent), and 12,107 cases which are special offences (four percent). The most prevalent offences against the state involved drug cases. In the fiscal year 2017, 270,065 drug cases were reported (68 percent of all cases of offences against the state). There were 45,639 gambling cases (12 percent) and 26,057 firearm cases (seven percent). Crimes which occur in public, especially in Bangkok, its capital city, and other major cities, are offenses which perpetrators commit without confrontation with victims and are opportunistic

111 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries offences. For example, perpetrators drive a motorcycle to snatch purses or gold chains of victims. Some other offences include pickpocketing, bag slitting, pilfering, stealing at gold or jewelry shops using tricks, as well as tourist scams. 172 Transnational crime organizations found in Thailand include money laundering gangs, call center gangs, drug gangs, car theft gangs, theft gangs for other property, scam gangs, fake document and banknote gangs, wildlife smuggling gangs, arm gangs, and trafficking in persons gangs.173 There is a greater degree of seriousness and complicatedness pertaining to transnational crime organizations in Thailand. In particular, in tourist cities and big cities, there are both international and transnational organized crime gangs, whose offences are related to drug trafficking, trafficking in persons, prostitution, and document forgery.174 Thailand has certain areas that criminals smuggle and transit drugs to other countries. The most smuggled drugs in the country are methamphetamine, kratom, ice, marijuana, heroin, ecstasy and ketamine, which are continually smuggled to Thailand across its northern and northeastern borders. These drugs are stored in Bangkok and peripheral provinces before being distributed, exported to a third country, or sold in different areas in the country. Methamphetamine is a major drug problem for Thailand. There is an increasing trend of ice, ketamine, and heroin. Most people involved in these drugs have a regular day job. Channels for selling the drugs have shifted

112 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries to online media and parcel delivery services.175 Forty percent of the alleged offenders and rehabilitated drug users are 24 years old and younger. The 20-24 year-old-population is the age group involved in the drugs the most. This demonstrates that drug problems affect youth in Thai society. Since 2004, unrest situations in Thailand have occurred in three southern border provinces, consisting of Yala, Pattani, and Narathiwat, as well as in three districts in (Chana, Thepharak, and Saba Yoi districts). These areas have continually experienced violent incidents, and conflicts in these areas pertain to ethnicity and religion. These areas are dominated by Malay Muslims who speak Yawi. These are chronic conflicts in Thailand.176 Apart from placement of bombs in public places, offences identified in public areas include arson at schools and government office buildings; assassinations of police officers and other government officials, as well as civilians suspected of cooperating with government offices; and the stealing of weapons and explosives.177 The Islamic State of Iraq and al-Sham (ISIS) or “The Islamic State” (IS), the name ISIS calls itself, started to be powerful in its terrorist operations in different areas and has been associated with terrorist movements in Southeast Asian countries, i.e. Indonesia, Malaysia and the Philippines. Hence, there has been concern over the influence of IS in the three southern Thai border provinces. However, intelligence from Thai security agencies, academics, experts,

113 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries and international organizations similarly indicates no linkage between IS and insurgent movements in the three Thai southern border provinces and three districts of Songkhla.178 However, close monitoring is required, and there is always a concern about lone wolves who may commit crimes without anyone’s prediction, which makes crime prevention difficult. 2.9.2 Political Structure The Constitution of the Kingdom of Thailand, B.E. 2560 (2017), Section 2, stipulates that Thailand is a democratic country with the king serving as the head of the state. The administrative structure is as follows: 1) Executive power – This power consists of the Prime Minister and 35 ministers or less, who form a cabinet, whose responsibility is public administration. 2) Legislature power – Parliament consists of the House of Representatives and the Senate. The House of Representatives consists of 500 members, 350 of which are from a constituency election and 150 from a party list. The Senate consists of 200 members installed from a selection by and among persons possessing knowledge, expertise, experience, an occupation, characteristics or common interests or working or having worked in varied areas of the society. The division of groups shall be made in a way which enables every person having the right to apply for selection to belong to any one group.

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3) Judiciary power – This consists of the Court of Justice, Administrative Court, the Military Court, and Constitutional Court. All the courts are independent in the hearing process. This also includes independent organizations, i.e. the Election Commission of Thailand, the Office of the Thailand, the National Anti-Corruption Commission, the State Audit Commission (SAC), the National Human Rights Commission, and the State Attorney Organ. The Public Administration Act, B.E. 2534 (1991), Section 4, stipulates that public administration consists of three parts: 1) Central public administration – This consists of the Office of the Prime Minister, ministries, departments, and other government agencies which are called under other names, have a departmental status, and are affiliated/are not affiliated with the Office of the Prime Minister or a ministry. 2) Provincial administration – Currently, Thailand is divided into 76 provinces, each consisting of districts, and each district is divided into sub-districts and villages. 3) Local administration – This includes provincial administrative organizations, municipalities, sanitation areas, and other local governments as required by law. This also includes Bangkok and , which are two special administrative areas.

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2.9.3 Police Organizational Structure and Police Adminis- tration In ancient Thai society, to maintain peace and order, kings took charge of alleviating difficulties and promoting the well-being of his subjects. For example, during the Sukhothai era, King Ramkhamhaeng provided justice for his subjects by allowing his subjects to ring a bell hung at the palace gate when they had problems. Then, the king conducted an interrogation and heard the cases. During that era, criminal suppression and tracking were a shared responsibility of social members. When an illegal act occurred in a community, community members had to help to track and arrest offenders immediately. Thailand’s modern westernized police organization began during the reign of King Rama IV, when the Westernization movement came to Thailand and there were foreigners travelling to Thailand for trade and settlement. Economic expansion resulted in disorderliness and a higher prevalence of criminals. These two phenomena, in conjunction with the need to improve law enforcement, led to the establishment of a police force to be dedicated to patrol, crime prevention, and law enforcement. In 1860, King Rama IV commissioned Captain Samual Joseph Bird Aim to set up a project involving the establishment of the Police Constable, the first European-styled police force for maintaining peace and order in the metropolitan area. Later, King Rama V revamped

116 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries policing efforts, both in the metropolitan area and all regions across the country. Currently, the Royal Thai Police (RTP) is a government agency affiliated to the Prime Minister, and its organizational structure is composed of four sections, as follows: 1) Command – Under the Royal Thai Police Office’s Commissioner General, there are eight offices, the status of which is equivalent to a bureau (the chiefs of these offices hold the Police Lieutenant General rank). These offices consist of the Office of Logistics, Office of Police Strategy, Office of Budget and Finance, Office of Human Resources, Office of Legal Affairs and Litigation, Office of the Inspector General, Office of Internal Audit, and Office of Police Commission. In addition, there are seven agencies with the status being equivalent to a division (the chiefs of these agencies hold the rank of Police Major General). They consist of the Office of Police Secretary, Office of National Police Policy Board, Disciplinary Division, Public Affairs Division, Police Aviation Division, Foreign Affairs Division, and International Law Enforcement Academy (ILEA). 2) Crime prevention and suppression – There are ten government agencies which are in charge of crime prevention and suppression, namely the Metropolitan Police Bureau and the Provincial Police Regions 1-9 (the chiefs of these agencies hold the rank of Police Lieutenant General). 3) Special crime prevention and suppression – Eight agencies are dedicated to special crime prevention and suppression, 117 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries i.e. the Central Investigation Bureau, Narcotics Suppression Bureau, Immigration Bureau, , Office of Forensic Science, Bureau, Office of Information and Communication Technology, and Tourist Police Bureau (the chiefs of these agencies are Police Lieutenant ). 4) Education – Two agencies are in charge of education, namely the Royal Police Cadet Academy and the Police Education Bureau (their chiefs hold the rank of Police Lieutenant General). 5) Service – This section deals with the Police General Hospital (its chief holds the rank of Police Lieutenant General). There are also two committees which work at the policy level, as follows: 1) The Office of National Police Policy – It has the authority to formulate police administration policies and oversee the Royal Thai Police to ensure its compliance with policies, regulations, practices, cabinet resolutions, and laws.179 2) The Police Commission – It has the authority to formulate policies and standards for police personnel administration and issue rules, regulations, requirements, announcements, and resolutions pertaining to personnel administration, e.g. tenure, designation, promotion, disciplinary procedure, and resignation from government service. The authority of the Royal Thai Police is defined in Section 6 of the National Police Act, 2547 (2004), as follows:

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1) Providing security for the King, Queen, Crown Heir, Regent, Royalty, Royal representative, and royal guests. 2) Controlling and overseeing the performance of police officers in compliance with the Criminal Procedure Code. 3) Preventing and suppressing criminal offences. 4) Maintaining peace and order, public safety, and security of the Kingdom. 5) Performing other operations which law prescribes as the authority of police officers or the Royal Thai Police. 6) Assisting with country development, as assigned by the Prime Minister. 7) Performing any other operations to promote and support compliance with the authority provided in Sections 1), 2), 3), 4) or 5) in an efficient fashion. The Royal Thai Police has 214,459 personnel180, with 52,254 commissioned police officers (24 percent) and 162,205 non-commissioned police officers (76 percent), of which 198,670 are male (93 percent) and 15,789 are female (7 percent). The Thai police rank is similar to military rank, which comprises commissioned and non-commissioned ranks. The procedures for personnel recruitment and the selection for tenure and designation as commissioned and non-commissioned police officer are described below.

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1) The three groups of individuals who are eligible for recruitment and selection to be commissioned police officers are as follows: (1) Male individuals with a Matthayom 4 (Grade 10) certificate are eligible to take an entrance examination for a two-year program at the Armed Forces Academies Preparatory School. In addition, female individuals holding a Matthayom 6 (Grade 12) certificate or non-commissioned police officers are eligible to take an entrance examination for a four-year program at the Royal Police Cadet Academy. Successful applicants will have to complete the program before they are tenured as commissioned police officers and hold the Police Sub-Lieutenant rank in the position ‘Deputy Inspector.’ (2) Individuals who hold a bachelor’s degree from any program are eligible to take an entrance exam or enter other selection processes to be tenured as commissioned police officers. Successful applicants have to attend the Basic Training Course for Commissioned Police Officers provided by the Royal Thai Police, which takes approximately 4-7 months. (3) Non-commissioned police officers with or without a bachelor’s degree are eligible to take an entrance examination and to attend the Basic Training Course for Commissioned Police Officers provided by the Royal Thai Police, which takes 4-7 months. After they complete the course, they will be promoted to be commissioned police officers.

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2) The two groups of individuals who are eligible for recruitment and selection to be non-commissioned police officers are as follows: (1) Individuals with a senior high school certificate or a vocational certificate are qualified to be selected as non-commissioned officer students. Successful candidates will have to complete an 18-month Police Non-commissioned Officer Course. After they complete the course, they will be tenured to be non-commissioned police officers with the Police Lance Corporal rank in the position ‘ Leader’ in the crime prevention and suppression section. (2) Individuals with a senior high school certificate or a vocational certificate are qualified to take an entrance exam or enter other selection processes to be non-commissioned officers. Successful applicants will have to complete the training courses for police officers and individuals who will be tenured or transferred to be non-commissioned police officers. This group of police officers will be appointed to work in the general staff, support and technical section. The Royal Thai Police follows the Royal Thai Police Strategy, B.E. 2555-2564 (2012-2021). They have the vision “Being professional police for public well-being.” Being professional police means police who possess profound, well-rounded, and insightful knowledge and abilities in the tasks they perform; are good, moral, loyal, honest, patient, self-sacrificing, and diligent; conduct self-development on a continual basis; and are always aware that the goal of policing is public well-being. 121 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

To achieve this, the following strategies have been formulated: Strategy 1: Upgrading of the capacity for implementing key missions to respond to government policies. Strategy 2: Development of policing to ensure transparency and meet standards. Strategy 3: Participation of the general public and police networks. Strategy 4: Strengthening of the police administration. Agencies responsible for crime prevention and suppression at the area level include 1,482 police stations. Each police station consists of five functions: general staff, crime prevention and suppression, investigation, interrogation, and traffic. 2.9.4 Laws Related to Police Law Enforcement The Thai legal system underwent a major reform and Westernization during the reigns of King Rama IV and King Rama V, when the country was modernized. During the reign of King Rama V, the Thai public administration system was reformed, and the Ministry of Justice and a law school were set up. Thai codes of laws were drafted in accordance with European civil law, e.g. civil and commercial laws and criminal codes. Thailand also adopted common law.181 The Penal Code law came into being in Thailand in 1908. Subsequently, the Criminal Code was developed, which was promulgated pursuant to the Act Promulgating the Criminal Code, B.E. 2499 (1956), which became effective on 1 January 1957. There 122 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries were other criminal laws which specified different types of offences in conflict with public safety and state security, with the new provisions being in line with changing situations within the country. The Thai court structure is outlined below. 1) Courts of Justice – According to the Judicial System and Statute of Courts of Justice, B.E. 2543 (2000), the Court of Justice in Thailand is classified into three levels – the Court of First Instance, the Court of Appeals, and the Supreme Court. 2) Administrative Court – It has the authority to hear administrative cases as a result of exercising its administrative power by law or conducting administrative activities. 3) Martial Court – It has the authority to hear criminal cases committed by individuals under its jurisdiction and other cases as prescribed by law. 4) Constitutional Court – It has the authority to judge the constitutional legitimacy of laws or drafted laws and judge issues with respect to the authority of the House of Representatives, Senate, Parliament, Cabinet, or independent organizations. It has other authority as provided in the Constitution. 2.9.5 Building Public Safety Partnerships With regard to police involvement with the general public and communities, building a positive relationship with the general public became tangible when the mass relations concept was introduced into policing during the fight against communism. The Border Patrol Police

123 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries acted as a liaison for the government to help to persuade the masses to support operations of the government from 1977-1980. In 1987, the Police Department integrated the police-community relations concept into mass public relations work. In Thailand, police-community relations policies have been formulated as national policies. They were included in the 6th National Economic and Social Development Plan, B.E. 2530-2534 (1987-1991) and the Plan for Social Peace Enhancement. The policies focused on crime prevention over crime suppression, public participation, crime prevention supported by suppression measures, strengthening of police-general public relations, and stimulation of cooperation in solving criminal problems. The Fourth Ministry of Interior Master Plan, B.E. 2530-2534 (1987-1991) encouraged participation and the role of the general public in enhancing safety of their lives and property. The plan also applied the police-community relations principle to optimize crime prevention and suppression.182 The Police Department formulated the 1st Police Department’s Master Plan, B.E. 2530-2534 (1987-1991), which included five sectoral plans. One of the plans was dedicated to community and mass relations, which aimed to build a positive understanding, attitude, faith, and confidence of the general public, as well as a positive relationship between police and the general public and government agencies in order to ensure public support or participation in police operations with regard to crime prevention and suppression, as well as national security.183

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The community policing concept first gained attention after it was introduced into Thailand by some law enforcement academics who graduated overseas. In 1995, the Royal Police Cadet Academy sent some faculty to take an educational trip on community policing at Michigan State University in the U.S.A. However, such knowledge and practices were not widely disseminated; they were limited to the law enforcement academics.184 The concept of community policing encourages partnerships between the police and the community. The partnership helps them work together to solve crimes in communities. The concept began its execution under the Constitution of the Kingdom of Thailand, B.E. 2540 (1997), Section 76, which requires that the state promote and support public participation in policy formulation; political decision-making; formulation of economic, social and political development plans; and the monitoring of the exercising of state powers at all levels. Promotion of public participation in police affairs was a key reason for the request to change the structure of the Thai police organization by transferring the Police Department from the Ministry of Interior to the Prime Minister under the new name “The Royal Thai Police,” which is still a departmental organization. The police administration under this new structure aimed to promote police- general public collaborative partnerships. After that, the Office of the Prime Minister’s Regulations on the Auditing and Monitoring of Police Administration, B.E. 2542 (1999) were issued. Subsequently, the National Police Administration Audit and Monitoring Committee, 125 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries the Bangkok Police Administration Audit and Monitoring Committee, and Provincial Police Administration Audit and Monitoring Committee were set up. These committees consist of police officers, the general public, and other government agencies in the local areas. They provide the general public and different sectors outside the police organization with opportunities to take part in police administration, provide information, present their requirements, and support police operations. Defining the compositions and roles of the Police Administration Audit and Monitoring Committees was intended to make the police organization an organization whereby the general public is allowed to participate in auditing, monitoring and evaluating the performance of local police officers. This was also intended to involve community participation, create social balance, and serve as a platform whereby all sectors in society have the opportunity to discuss issues and solutions to community and local problems. The Royal Thai Police defined two types of police volunteers derived from the general public:185 1) Home police volunteers – They refer to a popular front involved in police affairs in terms of operations to maintain peace and order. Establishing home police volunteers aimed to seek the general public’s cooperation in police operations pertaining to prevention and suppression of crimes, drugs and accidents, as well as police patrols.

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2) Traffic volunteers – This refers to a popular front taking part in police affairs in terms of operations to support traffic management. The traffic volunteers include youths, the general public, community representatives, and private organizations. They must be trained in traffic regulations and laws, as well as car and road use skills, to assist police officers with solving traffic problems. 2.9.6 International Policing The Royal Thai Police joined the International Police Organization (INTERPOL) on 13 June 1956.186 The Thai agency which coordinates with INTERPOL is the INTERPOL National Central Bureau (NCB) for Thailand, while the Foreign Affairs Division under the Royal Thai Police serves as INTERPOL Thailand. Thailand INTERPOL’s mission is to work with the General Secretariat of INTERPOL, INTERPOL member countries, embassies in Thailand, local government agencies, and foreign government agencies with regard to crimes. The scope of its work includes supporting crime suppression agencies; extradition; coordinating the Department of Corrections in relation to the delivery of prisoners; assisting foreigners by coordinating with law enforcement agencies; assisting INTERPOL member countries in law enforcement activities; and conducting joint operations with INTERPOL for different types of crimes, i.e. trafficking in persons, child exploitation, drug trafficking, cybercrime, economic crime, terrorism, arms trade, and intellectual property related offenses.187

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The Royal Thai Police has played a role in supporting the United Nations’ missions to support the setting up of systems and development of policing in different countries. The Royal Thai Police has deployed a police force to join UN peacekeeping operations under the UN Security Council (UNSC). It was involved in policy formulation and approved the deployment of forces to different countries in the form of peacekeeping operations. From 1997-2014, the Royal Thai Police deployed 285 Thai officers to join operations in Bosnia and Herzegovina, Timor-Leste, Haiti, Liberia, and South Sudan (221 male and 64 female officers). 188 Thailand is one of the five co-founding countries of the Association of Southeast Asian Nations (ASEAN). On 8 August 1967, the ASEAN founding countries, namely Indonesia, the Philippines, Malaysia, Singapore, and Thailand, signed the Bangkok Declaration. In 1981, these countries hosted the first official meeting of the Chiefs of ASEAN Police (ASEANAPOL) in Manila, the Philippines, which was attended by the five ASEAN member states.189 The Royal Thai Police has a continuous relationship with police organizations from other ASEAN member countries, which is characterized by cooperation in regularly held meetings and actions in accordance with the agreement in ASEANAPOL Conference. As Thailand shares borders with Myanmar, Laos, Cambodia, and Malaysia, its bilateral relations with these countries have come into being to collaboratively cope with cross-border crimes. Topics

128 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries of their bilateral cooperation include issues encountered by each country or those which are of reciprocal benefit to each country. For example, Thai police have had a relationship with Myanmar, Lao, and Cambodian police with regard to drugs and trafficking in persons problems. The relationships between Thai police and their Malaysian, Myanmar and Cambodian counterparts are for addressing the issue of transnational car theft. The Royal Thai Police has made agreements with police organizations from various countries for cooperation on diverse issues,190 e.g. Australia, the U.S.A., the Republic of Korea, Canada, and . Thai police have a cooperative relationship with many countries in terms of training and organizational development. In particular, the Thai government, through the Royal Thai Police, made an agreement with the U.S.A. on establishing the International Law Enforcement Academy in Bangkok (ILEA Bangkok) to provide training for police officers in Southeast Asia and nearby regions with funding support from the U.S.A, which started in 1996. Thailand’s educational institution dedicated to commissioned officers is the Royal Police Cadet Academy, which is located in , . It has enjoyed inter- national cooperation in terms of academics, training and internships. Each year, the Royal Police Cadet Academy admits four foreign police cadets from neighboring countries – Myanmar, Vietnam and Cambodia – to study in their programs. So far, one batch of foreign

129 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries cadet students, consisting of four Vietnamese and Myanmar cadets, has graduated. In the academic year 2018, four police cadets from each of the countries – Cambodia, Vietnam and Myanmar – are studying in the Bachelor of Public Administration Program in Police Science at the Royal Police Cadet Academy.

2.10 Socialist Republic of Vietnam 2.10.1 Socio-economic Conditions The Socialist Republic of Vietnam, or Vietnam in short, is located on the easternmost side of the Indochina Peninsula. With an elongated ‘S’ shape, Vietnam spans 330,967​​ sq.km.191 It connects to China to the north, both by land and sea. It shares northern and western land borders with Lao PDR and shares southwestern land and sea borders with Cambodia. Its topography is characterized by high mountains between long fertile flood plains. Vietnam has a population of 95.540800 million.192 In Vietnam, Vietnamese is the official language, and English has become a more commonly used foreign language. Other languages used in Vietnam include French, Chinese and languages of different ethnic groups. Vietnam comprises 54 ethnic groups, with Kinh or Viet being the major ethnic groups, which represent 86 percent of the total population. Other groups, which represent less than 2 percent, include Tay, Thai, Muong, Khmer, Nung, Hmong, and Hoa.193 130 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

In 2017, Vietnam’s gross domestic product (GDP) was 223.86399635 billion US dollars, with GDP per capita of 2,3431 US dollars and a GDP growth rate of 6.8 percent.194 Vietnam is a relatively low-income country; however, it has enjoyed a high economic growth rate. The implementation of the economic reform policy called ‘Doi Moi’ of the Vietnamese government to reduce the monopoly and centralization by the central government, in conjunction with continuous economic reforms within the country, have resulted in Vietnam enjoying apparent economic prosperity. Vietnam is one of countries which are attractive for foreign investors due to its abundant natural resources and low labor costs. Accordingly, the value of its trade with foreign countries has been increasing. Its major exports include chemicals, electric circuit panels, electrical machinery and its components, computers and their equipment and components, industrial machinery, metal products, electrical appliances, plastic products, paper, cardboard, and crude oil. Its major products include agricultural and food products, petroleum products, electrical appliances and their components, automobile equipment and components, and steel.195 Concerning the issues of crime and peace and order, Vietnam has a low crime rate when compared with other Southeast Asian countries. In general, Vietnamese citizens respect the law; therefore, the majority of crimes in this country are minor crimes, with a low

131 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries rate of serious crimes. Particularly, the most prevalent crimes in large cities consist of assaults against property, drug cases, and prostitution.196 The most common assault cases in include pilfering, purse snatching, and pickpocketing, which mostly occur in crowded public areas. In most purse snatching cases, two criminals are involved, who drive a motorcycle to snatch the purse of a person walking or a passenger sitting behind a motorcycle driver. In some cases, criminals use a knife or a sharp object to cut bag straps or pierce bags to steal articles in the bag. In 2017, there were many reported break-in cases, especially in residential areas. Criminals stole electrical appliances and money in houses. The incident rate is lower in high-rise residential buildings equipped with a security system.197 Serious crimes, e.g. murder, armed robbery, and abduction for ransoms were very rare. Vietnam has an elongated coastline on the South China Sea and is exposed to a high risk of pirates. There were many cases of large cargo vessels and fishing boats which were seized and ransomed by pirates. Armed pirates’ attacks to fishing boats are common in the sea to the southwest of Vietnam, next to the Cambodian border. In most of these cases, a group of approximately ten pirates rode a motorboat to approach a vessel running in the sea and then threatened people on the vessel and forced the helmsman to head to a nearby island before demanding a ransom. If they failed to receive the ransom, they stole and then sold equipment on the vessel or fuel. In some cases, criminals with violent behavior hurt or kill their victims.

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The most prevalent drugs in Vietnam are methamphetamine and injectable drugs. Drug problems in Vietnam have aggravated, and this has significantly resulted in crimes. Vietnam is a major area for distributing illicit drugs to other countries; however, illicit drugs are also widespread and available for sale in many areas in the country. Crime organizations in Vietnam commit crimes in association with other crime organizations, including smuggling drugs into the country or delivering drugs to different local areas. Serious crimes associated with drug trafficking may be committed by rival drug trade gangs.198 Cybercrime has become a more serious problem in Vietnam, and there is greater complexity of cybercrime offenses. Vietnam ranks no. 1 in the world in terms of personal computers suffering from a virus infection, with widespread use of unlicensed or expiring software. Vietnam ranks no. 7 in the world for being attacked by a Trojan virus. Cyber criminals do not target only individuals for personal data but also the business sector and international government agencies in Vietnam to penetrate into their economic and political data. Bank systems have been attacked to steal money in bank accounts. 199 2.10.2 Political Structure Governed by a socialist regime, Vietnam currently uses its 1992 Constitution, which prescribes that the Communist Party of Vietnam shall serve as the political institute with the highest power, leading all classes of citizens and setting the basic framework for

133 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries three powers of the country – the Executive Power, Legislative Power and Judiciary Power, These three powers are not separated or independent from each other, as in a democratic regime. In practice, the Communist Party of Vietnam has influence over administrative controls. The party takes actions through the Central Committee, which comprises 150 members. This Central Committee selects 15 members of the Police Bureau at the Party’s National General Assembly Meeting, which is held every five years. All party members hold senior positions in the Vietnamese government.200 The Vietnamese government has administrative decentralization. Each province in Vietnam has the Provincial People’s Committee, which is responsible for local administration in compliance with the constitutional laws, policies and regulations prescribed by higher levels of government agencies. Vietnam’s local administrative system is divided into eight regions, consisting of 59 provinces (Tinh), 5 cities (Thu Do), 600 districts/municipalities, and 10,000 sub-districts/villages. 2.10.3 Police Organizational Structure and Police Adminis- tration The evolution of the Vietnamese police organization has been at the same pace with the history of political changes in the country. In 1884, Vietnam became a French colony, which provided Vietnam with colonial-style bureaucratic systems, including policing. The establishment of the Communist Party of Vietnam in 1930 was a major turning point in the history of the Vietnamese 134 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries revolution. The Communist Party of Vietnam played a key role in French colonial resistance. On 19 August 1945, the Vietnam People’s Police Force (PPF) was formed after the victory of the revolution. Other important organizations were set up, including the Secret Service, the Police Service in the North, the Surveillance Service in the Center, the National Safeguard Unit in the South, and the Intelligence Services. In 1953, the Sub-Ministry of Public Security was set up and led by the Deputy Minister. To respond to the needs to safeguard national security, maintain peace and order, and ensure public safety, the organizational structure of the Sub-Ministry of Public Security incorporated seven agencies, one of which was the Department of Security and Public Order Administration, which later became the Vietnam People’s Police Force (PPF). In August 1953, the Sub-Ministry of Public Security was elevated to be the Ministry of Public Security. After World War II, when Vietnam was divided into and , policing in South Vietnam was endorsed by Western nations, with development of police organizations and support for armaments. When North Vietnam gained victory and both parts of Vietnam were merged, their police affairs were united. Internal security, including policing, is under the responsibility of the Ministry of Public Security of Vietnam (MPS). Departmental agencies affiliated with the Ministry of Public Security of Vietnam consist of the General Department of Security, the General Department

135 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries of Police, the General Department of Politics, the General Department of Education and Training, the General Department of Logistics and Technology, the General Department of Prisoner Education and Rehabilitation, and the General Department of Combat and Task Force. There are 63 Public Security Departments spread throughout the various provinces/cities in Vietnam. The organizational structure of the Vietnamese police force is divided into four levels, as follows: 1) General Department of Vietnam Police. 2) Provincial Police. 3) District/Regional Police, which have case interrogation and prosecution authority. 4) Sub-district Police – Without investigation authority, they are responsible for preventing criminal incidents and make a report. After getting reported, they report the incident to District/ Regional Police for further investigation. The Vietnam police force has approximately 280,000 personnel.201 Its police rank system is similar to its military rank system. Vietnam’s main educational and training institution for police is the People’s Police Academy (PPA), which provides higher education on the topics of protection of political security and social order and safety. It offers bachelor’s degree programs in law, social sciences, and . It also provides training courses in professional criminal investigation.202 The retirement age of Vietnamese police officers varies according to the different groups of police officers, as follows:203 136 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

1) Operational police (equivalent to non-commissioned police in Thailand) – The retirement age defined for male police officers and female police officers in this group is 55 and 50 years, respectively. 2) Middle executive (equivalent to the Deputy Inspector to the Deputy Commander in Thailand) – The retirement age defined for male police officers and female police officers in this group is 58 and 53 years, respectively. 3) Top executive (equivalent to the Deputy Commander to General in Thailand) – The retirement age defined for male police officers and female police officers in this group is 60 and 55 years, respectively. In the Ministry of Public Security of Vietnam’s policy towards the management of crime prevention and suppression, strategies were developed and put into practice among different levels of agencies. Key issues in the strategies are as follows:204 1) Crime prevention and suppression – Crime prevention and suppression can be efficient and effective when all sectors of society and political organizations collaborate under the management of governments at all levels with a focus on addressing the causes of crimes. 2) Amendment of crime prevention and suppression laws – The Vietnam National Assembly and the Vietnamese government attach great importance to legislation, particularly the amendment of laws pertaining to crime prevention and judicial reforms. 137 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

3) International cooperation – In particular, combating transnational crimes needs to be developed and improved. 4) Building and strengthening of the capacity of the police organization to provide efficient services to the general public. 5) Resources – Adequate resources shall be sufficiently allocated to ensure equipment, tools and technology for addressing crimes and drugs and motivate police officers. Apart from crime prevention and suppression, investigation, and interrogation, the roles and duties of Vietnamese police include civil registration and car and motorcycle registration. 2.10.4 Laws Related to Police Law Enforcement Vietnam was under Chinese rule for over 1,000 years, so its common law was influenced by Confucianism. Even when it was independent from China, the law was enforced continuously for some time. During the time when it was ruled by China, Vietnamese emperors attached great importance to moral principles by using law to promote good social conduct. Both moral and legal principles played a role in promoting the state’s power. The objective of the legal system at that time was to manage the relationships between the state and individuals, but did not manage the relationship among the individuals.205 Once Vietnam became a French colony, from 1858 to 1945, it had two parallel legal systems – one used in North Vietnam and and the other in South Vietnam. In protectorates in North Vietnam and Central Vietnam, Vietnamese law under the

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Nguyen Dynasty (1802-1945) was enforced on Vietnamese and Chinese citizens, but not on the French, who were governed by French law. In South Vietnam, were entitled to choose to be or not to be under French law. Apart from laws pertaining to general criminal offences which aim to prevent and suppress crimes, there are laws for specific crimes, e.g. the drug prevention and suppression law, laws relating to the offence of trafficking in persons, tobacco control law, online media law, prostitution law, and firearm law. The arrests are classified into three types of cases. The first is the arrest of the accused or defendants for temporary detention; the second is the arrest of offenders in urgent cases; and the third is the arrest of offenders red-handed or the arrest of wanted persons. The persons with the authority to issue arrest warrants are judges and prosecutors, including the Chief and Deputy Chief of the People’s Prosecutor’s Office and the Military Prosecutor Office; the President and Vice President of the People’s Courts and Military Courts; the Judges of the Courts of Appeal; and the Chiefs and Deputy Chiefs of the Investigation and Interrogation Departments. In this case, the approval must be obtained from the Prosecutor’s Office. 2.10.5 Building Public Safety Partnerships Vietnam is a communist, socialist country. Creating a public safety partnership does not conform to the community policing concept as in Western democratic countries. To gain an understanding about 139 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries building safety partnerships between the police and the general public, differences in socio-economic contexts and political systems need to be considered. Community policing in communist socialist countries is part of the mass/social control system. Community policing is the medium between local agencies and informal organizations. Different groups, including local committees, families, and volunteers can become safety partners in communities. Public participation demonstrates duties, responsibilities, and rights. In this way, community policing is aimed at using a minimum number of police officers per population while still ensuring the utmost efficiency in crime control. Another aspect of community policing in the socialist context is that community policing strategies are not only a means of social control by disciplining and educating the general public, but also an efficient monitoring mechanism.206 The fundamental unit of community policing and social control is households, not citizens as individuals. Thus, in communist societies like Vietnam, one of the social control tools is the household registration system, which entails gathering basic data for the state to take control, formulate plans, and conduct monitoring to ensure peace and order in communities. Vietnam is one of the five communist countries in the world. It has a large state security network. It is estimated that Vietnamese security agencies include at least 6.7 million personnel. Tools for maintaining the state security under the control of the Communist

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Party are not only police and military forces but also semi-military forces, forces in rural areas, and local volunteers. These different security forces are under the control of the Ministry of Defense and the Ministry of Public Security.207 Vietnam has enjoyed a low crime rate as a result of social control and strict checking by the state. Political opponents to the government are forbidden, and justice administration can be arbitrary or radical. The state holds the idea that the revolution must be protected and making an arrest of individuals who say something showing resistance to the government or state beliefs and practices is legitimate. The state leverages various means to monitor the behavior of citizens who disobey the state and enforces the law on them immediately. On one side, this is an effective social control system, but on the other side, its long-term sustainability is in question.208 Principles of work of Vietnamese police are reflected through the names assigned to Vietnamese police organizations, e.g. People’s Police and People’s Police Academy. Thus, the cooperation of the general public in maintaining community security is also a key principle of Vietnamese policing, which differs from that in democratic countries. 2.10.6 International Policing Vietnamese police, under the Ministry of Public Security, joined the International Police Organization (INTERPOL) on 4 November 141 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

1991.209 The Vietnamese agency which coordinates with INTERPOL is the Interpol National Central Bureau (NCB) Vietnam or INTERPOL Hanoi. It is responsible for foreign relations on behalf of Vietnam’s Ministry of Public Security. INTERPOL Vietnam provides coordination for investigation and interrogation for the Vietnamese police which require international cooperation. Vietnam underwent an economic reform called “Doi Moi” in 1986 by changing its marketing mechanism-based economic policy, providing for the freedom of trade and investment, and opening the country to have more contact with foreign countries. Economic liberalization and international contacts have resulted in it enjoying fast economic growth and a greater value of trade, investment, and tourism. Such changes are both opportunities and challenges for Vietnam to cope with the consequences of economic growth and connections with foreign counties.210 After the economic reforms, Vietnam has had more connection with international communities and there has been an increasing trend of transnational crimes. Aware of impacts of opening itself to the global arena and the need to cooperate with international police organizations to cope with crime problems, Vietnam joined INTERPOL in 1991 and joined the ASEANAPOL Conference in 1996. Since then, it has been continually open for cooperation with international police organizations. Attaching great importance to relationships with international police institutions, Vietnam has participated in international police

142 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries activities on a regular basis. As for bilateral relations, Vietnam’s Ministry of Public Security has had a relationship with foreign police institutions within and outside of the ASEAN region. The topics of their cooperation include prevention and suppression of transnational crimes, narcotics, trafficking in persons, and organizational development. It operates as both a taker and a giver of assistance. The details of cooperation vary according to the status of each country in the relationship. Vietnam is one of the countries which seeks different opportunities and attaches great importance to international policing to develop its own law enforcement capacity.

143 Chapter 3 Comparisons of Police Administration and Related Laws for Public Safety in the ASEAN Countries

The comparative study of the police administration and laws for public safety of the ASEAN member countries was conducted by comparing socio-economic data and basic data on their political structure, the structure of the police organizations and administration, laws pertaining to police law enforcement, building public safety partnerships, and international policing, which are outlined as follows:

3.1 Basic Information: Socio-economic and Crime Conditions The geographical and socio-economic characteristics of these countries revealed the correlation of different factors which contribute to their crime characteristics, as described below. 3.1.1 Geographical Characteristics and Crime Conditions The total size of the ten ASEAN countries is 4,458,737 sq.km. As the largest ASEAN member country, Indonesia spans 1,910,931 sq.km and is comprised of 17,508 islands. The second largest ASEAN

144 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries country is ​​Myanmar, with 653,080 sq.km (its size is one third of that of Indonesia) and the third largest is Thailand, with 510,890 sq. km. The top two smallest ASEAN countries are Singapore, with ​​709 sq.km (approximately half the size of Bangkok) and Brunei, with ​​5,765 sq.km. Cambodia, Lao PDR, Malaysia, Myanmar, the Philippines, Thailand and Vietnam are medium-sized countries, with an area ranging from 180,000 to 330,000 sq.km. In terms of locations, there are six countries situated on the Indochina Peninsula, which comprise Myanmar, Thailand, Laos, Cambodia, Vietnam, and Malaysia (excluding Borneo Island), and there are four archipelagic countries, which are Singapore, Indonesia, the Philippines, and Brunei (including Borneo Island in Malaysia). Their sizes and geographical locations have an impact on their police administration for public safety. As for Singapore and Brunei, their smaller size is a factor which enables them to manage public safety more easily than their larger counterparts. In large-scale archipelagic countries, e.g. Indonesia and the Philippines, police administration requires administrative and organizational mechanisms characterized by decentralization and regional police agencies need sufficient compositions and resources to ensure complete task execution in areas of their responsibility. In large countries with transport limitations, e.g. Lao PDR, Myanmar, and Vietnam, in remote areas, local leaders play a significant role in maintaining peace and order in local communities.

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Figure 1 Locations of ASEAN Member Countries

Source: http://pitloknews.com/main/wp-content/uploads/2013/01/AEC01.jpg

Their locations have a relationship with the characteristics of their domestic and cross-border crimes. Sharing a boundary with another country contributes to cross-border crimes, e.g. stealing vehicles to sell in neighboring countries, cross-border drug smuggling, and border crossing by fugitives. Archipelagic countries, e.g. Indonesia, the Philippines, and Malaysia (on Borneo Island) have maritime areas. Among the ten countries, Laos is the only landlocked country, while the others have coastal areas, with a total length of approximately 110,000 km (nearly three times longer than the Earth’s circumference, which is

146 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries approximately 40,000 km)210. Their maritime areas include globally important shipping routes, e.g. Singapore Strait and the Strait of Malacca, both of which are international commercial routes between the Andaman Sea and the South China Sea. The Lombok Strait, which is situated at the end of eastern Java Island in the Indonesian maritime territory, is an important secondary shipping route as a result of its high safety record. Situated between Sumatra and the Java Islands is the Sunda Strait, where water currents are strong but water is not very deep. Consisting of many islands, the Sunda Strait is a relatively hazardous strait, which is not a popular route for vessels.211 The South China Sea and the Zulu Sea are also im- portant shipping routes. Along the coasts situated to the southwest of Vietnam next to the Cambodian border, there are a lot of islets. Such maritime areas are conducive to vessel seizure and ransom demands by pirates. 3.1.2 Demographic and Social Characteristics The entire ASEAN population is 641.5 million, and the population of each ASEAN country reflects its size to a certain extent. Indonesia, the largest ASEAN country, has a population of 261.1 million. The population of Malaysia, Myanmar, the Philippines, Thailand, and Vietnam, which are medium-sized countries, ranges from 30 to 100 million. As for Cambodia and Lao PDR, which also have a medium size, their population is relatively small, which is 15.8 and 6.8 million, respectively. The least populous ASEAN coun-

147 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries tries are Brunei and Singapore, with a population of approximately 400,000 and 5.6 million, respectively. ASEAN countries are characterized by ethnic and religious diversity. The dominant faiths of the populations in Indochinese countries, i.e. Myanmar, Thailand, Laos, Cambodia, Vietnam, and Singapore (excluding Malaysia) are Buddhism and sects. The dominant faith of archipelagic countries, which consist of Indonesia, Brunei, and Malaysia (on Borneo Island), is Islam. In ASEAN, the Philippines is the only archipelagic country where most of the population observes Christianity. While there is a sizable Muslim population, most of the Muslims live in the southern part of the country. In countries where most of its citizens observe Islam, Islam is a factor which influences police administration in those countries. Police agencies need to have an adequate proportion of female police officers for the treatment of female suspects or victims because male police officers’ treatment of females is limited by Islamic practices. 3.1.3 Economic Characteristics The ASEAN country which enjoyed the highest gross domestic product (GDP) in 2016 was Indonesia (932,259.18 million USD), followed by Thailand (407,026.13 million USD), the Philippines (304,905.41 million USD), Singapore (296,975.68 million USD), Malaysia (296,535.93 million USD), and Vietnam (223,864.00 million USD), respectively. Their counterparts with a GDP lower than 100 billion USD consisted of Myanmar (63,225.10 million USD), Cambodia (20,016.75 148 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries 6.9 % 5.0 % 7.0 % 4.2 % 5.9 % 6.9 % 2.0 % 3.2 % 6.8 % -2.5 % annum) (percent per GDP growth rate 1,269.9 3,570.3 2,338.7 9,508.9 1,195.5 4,096.0 5,910.6 2,343.1 26,938.5 52,962.5 GDP per capita (USD) 2,433.5 11,400.27 20,016.75 15,805.71 63,225.10 GDP 932,259.18 296,535.93 304,905.41 296,975.68 407,026.13 223,864.00 (million USD) Islam 67%/Bahasa Islam 87%/Bahasa Islam 60%/Bahasa Buddhism 75%/Lao Religion/Language Chinese, and Malay Buddhism 95%/Thai Buddhism 95%/Khmer Sects 80.8%/Vietnamese Buddhism 89%/Burmese Christianity 83%/English Buddhism 42.5%/English, 0.4 6.8 5.6 15.8 31.2 52.9 68.9 95.5 261.1 103.3 641.5 (million) Population 709 5,770 181,040 236,800 328,550 653,080 300,000 510,890 330,967 Area 1,910,931 4,458,737 (sq.km.) Socio-economic Data of ASEAN Countries The World Development Indicators Database, Bank, 2016, from https://data.worldbank.org/indicator/. Country 1. Brunei 2. Cambodia 3. Indonesia 4. Lao PDR 5. Malaysia 6. Myanmar 7. Philippines 8. Singapore 9. Thailand 10. Vietnam Total Table 1 Table Source: 149 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries million USD), Lao PDR (15,805.71 million USD), and Brunei (11,400.27 million USD), respectively. Considering the GDP per capita, the ASEAN country which had the biggest per capita income was Singapore (52,962.5 USD), followed by Brunei (26,938.5 USD), Malaysia (9,508.9 USD), Thailand (5,910.6 USD), the Philippines (4,096.0 USD), Indonesia (3,570.3 USD), Vietnam (2,343.1 USD), Lao PDR (2,338.7 USD), Cambodia (1,269.9 USD), and Myanmar (1,195.5 USD), respectively. The gross domestic product (GDP) and GDP per capita are good indicators of country conditions and living conditions of local people. With regard to economic growth rates, the lower per capita income these countries have, the higher economic growth rate they will enjoy. The ASEAN country which enjoyed the highest economic growth rate in 2016 was Lao PDR (7.0 percent), followed by Cambodia (6.9 percent), Vietnam (6.8 percent), Myanmar (5.9 percent), Indonesia (5 percent), Malaysia (4.2 percent), Thailand (3.2 percent), Singapore (2 percent), and Brunei (-2.5 percent). However, economic growth may contribute to domestic crimes. A rapid economic growth rate with poor income distribution results in prosperity concentrated in capital cities or large cities. This urges the migration of rural people to urban areas, where they have to pay for a higher cost of living while the balance between the increase in their income and that of their expenditures is absent. This contributes to urban disorderliness,

150 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries social problems, slums, as well as an income gap between the poor and the rich. These issues contribute to a higher prevalence of crime and drugs. 3.1.4 Crime Situations 3.1.4.1 General Crimes Crimes in general in the region affect both local people and tourists. The most prevalent crimes in this region are assaults against property, e.g. purse snatching and pickpocketing in public, break-ins, and physical attacks. Arms may be involved in these kinds of offences in some areas, especially in capital cities or big cities. The highest prevalence of crimes is identified in tourist attractions. Some types of crimes are unique in some countries. For example, as a result of urbanization, convenience stores, banks, gold shops, and gas stations have mushroomed in Thailand. Accordingly, these areas suffer from high prevalence of robbery cases and most of the offenders are teenagers. Countries where motorcycles are a popular vehicle, including Thailand, Vietnam, and Malaysia, experience a high rate of motorcycle theft cases. Those with the highest rate of car theft cases are Malaysia, Thailand, and Brunei. Firearms are a factor contributing to the violence associated with these crimes. Thailand and the Philippines are the only two ASEAN countries which allow their citizens to apply for a permit to possess a firearm or carry a firearm in public. Sometimes, the degree of severity of the aforementioned crimes is increased by firearm use. 151 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

However, some countries where firearm possession by the general public is prohibited by law have encountered the problem of illegal firearms, which continues to exist in the countries after the end of wars or where they are smuggled – this also contributes to serious crimes. 3.1.4.2 Special Characteristics of Crimes in Some Countries Geographical and socio-economic conditions result in certain types of crimes being unique in some ASEAN countries, e.g. Indonesia, Malaysia, Singapore, and Thailand. A large economy, public access to information technology, and full Internet network coverage are factors contributing to economic crimes using information technology. These crimes include credit card scams and skimming of cash or credit cards to steal data on the cards to produce fake credit cards and later swipe them for the purchase of goods. Criminals may be foreigners who commit crime in one country and remit funds to accomplices in another country. Cybercrime offences continue to increase in terms of number. The ASEAN country which has a very low crime rate and is one of the world’s top safe countries is Singapore. Nonetheless, Singapore suffers from certain types of crimes which are not severe but affect public safety. Most of the crime are assaults against property, e.g. break-ins in rooms in high-rise buildings as residents are at work during daytime or leave their room door open, as well

152 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries as bicycle stealing and theft in shops. In the Philippines, there is high rate of kidnap-for-ransom cases, the motives of which include cash and other objects. There are also terrorists committing kidnap-for-ransom offences to finance their operations, for example, in ​​Mindanao. In countries which have many islands, have long coastlines, or are major shipping routes, e.g. Indonesia, Vietnam and Cambodia, offences against fishery and piracy laws have been reported. 3.1.4.3 Cybercrime Cybercrime is a non-traditional kind of crime which has a higher degree of seriousness in the respective ASEAN countries, especially those with advanced technology, quick public access to information technology through the Internet, business contacts, and electronic financial transactions, e.g. Singapore, Thailand, Malaysia, Indonesia, and the Philippines. Relying on information and commu- nication technology, this type of crime includes Internet scams, system penetration (phishing emails), and ransomware. Cybercrime is becoming a critical issue for ASEAN nations. The factors contributing to cyber threat risks vary from one country to another country, which are outlined below. 1) The advancement of information technology and communication infrastructure and wide public access to information technology and the Internet.

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2) The economic status of the population in each country who is criminals’ target of assaults against property using technology and communication tools. 3) Concerning cyber security, the level of which varies from one country to another country – An interesting piece of information is the cyber security ranking among sixty countries around the world, by the Economist. These are the rankings of seven of the ASEAN countries:

Table 2 Safe Cities Index 2017 Rank Score City/Country (60 countries) (100) 2 Singapore 86.84 30 Kuala Lumpur, Malaysia 66.17 52 Bangkok, Thailand 44.44 56 Ho Chi Minh, Vietnam 39.78 57 Yangon, Myanmar 39.07 59 Manila, Philippines 36.61 60 Jakarta, Indonesia 36.60 Source: SAFE CITIES INDEX 2017: Security in a rapidly urbanizing world, A report from The Economist Intelligence Unit, https://dkf1ato8y5dsg. cloudfront.net/uploads/5/82/safe-cities-index-eng-web.pdf, 18 August 2018.

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4) Efficiency in law enforcement – Inefficiency in law enforcement is one of the most important factors in the spread of cybercrime and is a common issue for police agencies within ASEAN. Due to its complicated nature, cybercrime requires experts and sophisticated tools for investigation and evidence gathering and needs appropriate and efficient legal systems and criminal case proceedings. 3.1.4.4 Transnational Crime and Terrorism The plan on the establishment of the ASEAN Political- Security Community specifies major transnational crimes, i.e. terrorism, kidnappings, trafficking in persons, drug trafficking, illegal fisheries, small arms trade, cybercrime and piracy. The top priority crimes with respect to the urgency to address are trafficking in persons, drug trafficking, and piracy.212 Transnational crimes encountered by the ASEAN member countries include transnational drug trafficking, trafficking in persons (especially by luring women into prostitution), Rohingya trafficking in persons, terrorism, as well as telephone and online financial scams. Transnational crimes are tending to shift from countries which provide strict suppression operations and severe penalties to those which have poor law enforcement or where criminals can enjoy more exploitation or better sources of benefits. The most common transnational crimes in countries which share borders with other countries, e.g. Myanmar, Thailand, 155 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

Lao PDR, Cambodia, and Malaysia, is cross-border drug smuggling. In some parts of Myanmar, there are armed minorities who illegally cultivate opium, which results in Myanmar being the second largest opium cultivation area, following Afghanistan. Myanmar is also a production base for methamphetamines and ice. Minority groups along Myanmar borders need financing to aid their fight against the Myanmar government. Illicit drugs are smuggled across the Thai-Lao border to be sold in Thailand and other countries. Some other ASEAN countries are transit countries of drugs imported from other regions, e.g. Africa, and these drugs are sold inside and outside of the ASEAN region. Drugs which are a major problem in ASEAN member countries are methamphetamine, ice (shabu), marijuana, ecstasy (E), ketamine (K), and even heroin, which is still prevalent in Indonesia, Malaysia and Vietnam. Thefts of cars and motorcycles are also reported in this region. They are stolen in one country to be sold in another country with a connected border. Highly prevalent in Thailand, Myanmar, Cambodia, and Malaysia, this crime may be associated with terrorism. Terrorists may secretly put bombs in stolen cars to cause unrest.213 A crime and safety report by the United States Depart- ment of State, under the Bureau of Diplomatic Security, includes an assessment of potential terrorist risks to US government officials in different cities in ASEAN countries. According to this report, in 2017, high-risk countries include Indonesia (Jakarta) and the Philippines

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(Manila), medium-risk ones include Malaysia (Kuala Lumpur), Malaysia (Yangon), and Thailand (Bangkok), and low-risk ones include Brunei, Singapore, Cambodia, Lao PDR, and Vietnam. 214 Terrorism is associated with other crimes. As terrorist syndicates need financing for their movement and operations, they turn to crime to achieve that. For example, terrorist groups in the Philippines kidnap people for ransom. Insurgents in Thailand’s southernmost border provinces or other regions steal cars or motorcycles for car bombs. Major terrorist threats in the ASEAN region are derived from Jama ah Islamiyah (JI) with its networks. The objective of its movement and operation is to establish Islamic states (DAULAH ISLAMIYAH NUSANTARA), in Indonesia, Malaysia, Thailand, Singapore, and the Philippines, respectively, through cooperation with Islamic militants in the respective countries.215 JI is considered not only a terrorist organization but also a group that attempts to take away power from Islams (Islamist insurgency). This group has resisted against the Indonesian state since 1950s. Such resistance, because of its failure to establish Islamic laws, created an ideological hatred towards the government administration during the post-Suharto’s dictatorship era.216 After Al Qaeda was attacked by the U.S.A. and its allies, the ISIS gained its strength within a short period of time. According to the United Nations, approximately 25,000 people from ten countries joined the ISIS. The ISIS’s goal differs from that of Al-Qaeda. What ISIS wants to achieve is the establishment of the Wold Islamic Caliphate by attacking anyone who opposes or disagrees with it, even Muslims. 157 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

The ISIS prefers to use violence and spread propaganda via social media. Taking economic control, it has received a lot of funding support. It has committed crimes against humanity.217 Currently, the ISIS’s operations in ASEAN countries are not efficient. However, terrorism experts warn that the ISIS may become stronger in the ASEAN region through efficient training and leadership.218 In conclusion, ASEAN countries can be categorized by geographical conditions into Indochinese countries and archipelagic counties. The difference in their socio-economic conditions, ethnic groups, religions, as well as levels of advancement of information and communication technology and public access to technology result in variant domestic and cross-border crime characteristics.

3.2 Political Structure 3.2.1 Political History and Current Political Regime Most ASEAN countries were Western colonies (Thailand is the exception). Western and southern ASEAN countries, including Myanmar, Malaysia, Singapore, and Brunei, were British colonies. Those located to the east of the Indochina Peninsula, i.e. Laos, Cambodia, and Vietnam, were French colonies. Indonesia was a Dutch colony, and the Philippines were Spanish and American colonies. The fact that these countries were Western colonies affected the evolution of their political systems, legal systems, and characteristics of police affairs. Modern police forces in ASEAN countries came into being during the colonial era, which were influenced by colonial police 158 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries systems. As for Thailand, although it has never been colonized, its police system was influenced by the British and French police systems. The ASEAN countries can be classified by their political systems. The first group consists of countries with a monarchy form of government, i.e. Cambodia, Malaysia and Thailand. In these countries, the king serves the head of the state under the Constitution and there are three powers. The executive power is led by the prime minister; the legislative power is derived from an election (the exception is Thailand during their transition period from 2014-2018); and the judicial power. Brunei is ruled by an absolute monarchy regime, with the sultan serving as the head of state and exercising his powers for country administration. Democratic countries with a president serving as the head of the state and leader of the executive power are Indonesia, Myanmar, the Philippines and Singapore. Communist countries are Lao PDR and Vietnam. Whether they are democratic countries with the king acting the head of the state, republic countries with the president serving as the head of the state and the leader of the executive power, or communist countries, their political structure consists of three powers – the executive power, legislative power, and judicial power. As for Lao PDR and Vietnam, which are communist countries, these three powers are not clearly separated as in democratic countries. Their communist party holds the supreme power over all political institutions in the country. 159 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

Table 3 Historical and Current Political Regimes of ASEAN Countries Country Colonizer Current political regime Administrative areas 1. Brunei Britain King Four regions, subdivided Absolute monarchy holding into sub-districts and villages the executive power 2. Cambodia France King 24 provinces and one special Being under the constitution/ administrative unit Head of the state 3. Indonesia The President 32 regions, 413 provinces, Netherlands and 98 cities 4. Lao PDR France Communist 17 provinces and one prefecture 5. Malaysia Britain King 13 states and three federal Being under the constitution/ territories Head of the state 6. Myanmar Britain President (Republic) Seven states and seven regions, subdivided into districts, sub-districts, and villages 7. Philippines Spain President (Republic) 31 administrative areas, U.S.A. 80 provinces, and 120 cities 8. Singapore Britain President (Republic) 5 Community Development Council Districts and 44 planning areas 9. Thailand - King 76 provinces and one special Being under the constitution/ administrative area (Bangkok) Head of the state 10. Vietnam France Communist Eight regions, 59 provinces, 5 municipalities, and 600 districts

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3.2.2 Administrative Areas ASEAN member countries have different sizes. The largest ASEAN country is Indonesia, which covers 1.9​​ million sq.km, while the smallest one is Singapore, which spans only 709 sq. km. The difference in their size determines the difference in their administrative areas. The administrative areas of large ASEAN countries are subdivided into four levels – the region, province, district, and sub-district. Indonesia has 32 regions; Myanmar has seven states and seven regions; the Philippines has 31 administrative areas; Malaysia has 13 states and three federal territories; and Vietnam has eight regions. The administrative areas of medium-sized ASEAN countries are subdivided into three levels – provinces, districts, and sub-districts. Cambodia has 24 provinces and one special administrative unit; Lao PDR has 17 provinces and one prefecture; and Thailand has 76 provinces and one special administrative area. As for Singapore and Brunei, small-scale countries, their administrative areas are subdivided into two levels – Community Development Council Districts and planning areas. Brunei has four regions and Singapore has five regions. The organizational structure of police agencies in charge of crime prevention and suppression, as well as the provision of services for local people, is divided according to the administrative areas. 161 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

3.3 Police Structure and Administration 3.3.1 Evolution of the Police Organization Modern police forces of the ASEAN countries were influenced by Western countries, as most of them were Western colonies. The evolution of ASEAN police organizations is broadly divided into three phases, as follows: 1) the first phase – When Western colonizers ruled Indochinese countries, they introduced police organization models to their colonies, mostly in the 17th century. 1602: Indonesia, which was a Dutch colony, developed a Western-style police administration. 1807: Malaysian justice was improved by the British, and the Strait Settlement Police was established. 1820: Singapore established its first police force. 1825: Burma (now Myanmar) adopted the British police system and set up the first police station in Burma. 1860: Thailand established its first police force, which adopted the British style. 1865: Laos, a French colony, established a Western-style police force. 1883: Vietnam became a French colony, and its police organization was influenced by its French counterpart. 1884: Cambodian police was first organized by France.

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1898: The Philippines established the Police Department and Internal Order. 1921: Brunei established its police force. Under colonial powers, each of the ASEAN countries adopted the colonial policing model, including the establishment of modern police forces. 2) the second phase – After gaining independence and undergoing socio-political changes, the respective countries adjusted or reformed their police organizations, mostly after World War II, in around 1945. Police administration work was transferred to these local countries from the colonizers, or separate police agencies were merged to create unity in management. An example was the consolidation of the North Vietnamese Police and the South Vietnamese Police and both parts of Vietnam in 1975. Other examples included the merger between the Provincial Police and the Metropolitan Police in Thailand in 1915, the merger between different police agencies to become the Malaysian National Police in 1963, the birth of the Cambodian National Police in 1945, the establishment of the Indonesian National Police Service in 1946, as well as the establishment of the Malaysian Police Force in 1964. 3) the third phase – Democratization, modernization, or optimization of police organizations, which occurred during political changes in some countries. During this phase, some of the countries underwent political change and police organization was reformed in

163 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries accordance with the principles of democracy, public right and freedom protection, and operational optimization. For example, in 2000, Indonesia separated its police from the army and reformed police affairs. The Philippines separated its police from the army in 1991. Myanmar started police reform in 1995, while the Philippines first had a police reform law and established the National Police Commission in 1998. Singapore introduced the concept of community policing to improve its performance in the 1980s. Thailand improved police performance by issuing the National Police Act, B.E. 2547 (2004). The police organization models adopted in the ASEAN region are models from Britain, France, and other colonizers. This can be noticed from the introduction of the rank system, uniforms and badges for the police in each country. For example, in the former British colonies, e.g. Malaysia, Singapore, and Brunei, the color of police uniforms is usually dark blue and police ranks are used as titles. Former French colonies adopted a French armed force model called ‘gendarmerie,’ which is a semi-military police force. Authorized to use arms as small military units, gendarmerie officers have their primary role in security. Historically, Lao PDR, Vietnam, and Thailand (provincial police) applied this model, so their police ranks and uniforms are similar to military ones. Cambodia still uses this system. Currently, Cambodia’s Gendarmerie is a affiliated with the Ministry of Defense. Gendarmerie officers share the same authority as police officers, and even more – they have

164 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries the power to arrest offenders who are military officers. However, the areas of responsibilities of Cambodian Gendarmerie are not separate from those of police, as in France. Gendarmerie forces in Cambodia are scattered around in different areas to support police operations, e.g. crowd control, , and disaster victim rescue. The evolution of political regimes and political changes has also affected policing principles of these countries. For example, the Indonesian police force was part of the army; thus, the military culture affected its policing. This happened until Indonesia was ruled by a military dictatorship, under which the human rights of Indonesian citizens were violated. After a police reform in 2000, the Indonesian police organization was separated from the Indonesian army.219 Under a democratic regime, in which police officers are fully civilians, policing primarily takes human rights into account. In Myanmar, which is on the path to a democracy, the police organization has also been reformed.220 The political history of ASEAN member countries, which was influenced by Western colonies, and their adaption to changes have resulted in a variance in their current policing models, which are outlined below: 1) Democratic Anglo-Peelian model – Former British colonies, i.e. Brunei, Malaysia, Myanmar, and Singapore, as well as an American colony, i.e. the Philippines, adopted the Democratic Anglo-Peelian model. This model was derived from Sir Robert Peel,

165 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries who founded London Metropolitan Police. It is characterized by hierarchical personnel administration, whereby the police are divided into different ranks and their roles focus on the general public, maintaining peace and order, and preventing crimes in communities. A philosophy of this model is that the police are people and the people are police. As for Myanmar police, despite being influenced by British police, a long rule by a military dictatorship has deprived it of people-oriented roles. During its political transition, Myanmar is in the process of a political reform based on this model. 2) Democratic continental model – Cambodia and Indonesia, former French and Dutch colonies, were influenced by the democratic continental police model which focuses more on law enforcement of the state but less on people’s needs. Their police force is more like a military force. 3) Communist authoritarianism model – In communist countries, Lao PDR and Vietnam, the Communist Party holds the dominant power over all political institutes. Thus, their police forces are military-force like, and their roles and responsibilities pertain to maintaining the state’s security rather than responding to public needs. For them, national interests and security are more important than individual interests. 4) Combination of the Anglo-democratic Peelian model and democratic continental model – Thai policing was influenced by British and French models. Thailand’s metropolitan policing was organized based on a British model and European

166 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries continental models, while its provincial policing was organized based on a French model and European continental models, which still have an influence on current Thai policing. The roles and responsibilities of Thai police include responding to local people’s needs and maintaining national security. 3.3.2 Police Organization The police organizations of ASEAN are centralized in the form of National Police. Their structures are outlined below: 1) Police organizations which are affiliated with the Ministry of Interior or ministries in charge of internal affairs of the country – This structure is found in Malaysia, Singapore, Myanmar, the Philippines, and Cambodia. However, the Cambodia police structure has a special characteristic. That is, there are Ministry of Interior- affiliated departments, e.g. the Immigration Department and the Cambodian Police School, which consist of personnel whose status is police officers. The ranks and titles of the chiefs of these agencies are equivalent to those of officers affiliated with the Police Department. 2) Police organizations which are directly under the head of administration power, who is the president or prime minister – This structure is in place in Brunei, Indonesia, and Thailand. 3) Police organizations which serve as the Ministry of Security – Lao PDR and Vietnam have this structure. Despite its centralized nature, the Philippine National Police provides mechanisms for authorizing the central government and

167 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries local authorities to exercise policing-related power by jointly allocating budget monies, materials, and equipment and exercising the power to appoint local police chiefs. Although Malaysia is a federal state, with a central government and local governments of different states and a sultan taking charge of some local work, the Malaysian police organization is centralized in the form of national police. Internal police organizations in ASEAN member countries are similar in terms of their internal police structure, which is composed of three sections: 1) Administration directing and support – This section includes the support system for police administration; for example, personnel, logistics, budget, as well as information and communication technology. 2) Operational support – This section supports the crime prevention and suppression units and serves the general public, e.g. forensic science, special operations, and suppression of special crimes. 3) Local operations – This section is subdivided into different levels, with the lowest unit providing services for the general public. Under the national police, agencies in charge of crime prevention and suppression are subdivided into different levels, as follows: 1) Large-size countries – Police agencies in large countries are divided into four levels: the regional police, provincial police,

168 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries district police, and police precinct (police box). The countries which have such a structure consist of Indonesia, the Philippines, Vietnam and Myanmar. Due to their large areas and/or archipelagos, they attach great importance to setting up police precincts or police boxes to maximize service distribution to local areas. 2) Medium-size countries – Police agencies in mid-size countries are divided into three levels: the regional police, provincial police, and police station. This structure is applied in Thailand, Malaysia, Cambodia, and Brunei. 3) Small-size countries – Brunei, Singapore and Lao PDR, which are small-scale countries, have a police structure which consists of two levels: the provincial police and police station. Countries providing police agencies which are smaller than police stations, as police precincts or police boxes, are Indonesia, the Philippines, and Brunei. Due to their great size, they need to maximize the distribution of police officers to serve local people. In Brunei, each police box is provided with only one police officer. 3.3.3 Personnel Administration The top three ASEAN countries in terms of the amount of police manpower are Indonesia (407,222), followed by Vietnam (280,000) and Thailand (214,459). The country with the highest police-population ratio is the Philippines (1: 637), followed by Myanmar (1: 635), Indonesia (1: 629), Singapore (1: 340), Vietnam (1:340), Cambodia (1: 257), Malaysia (1: 227) and Brunei (1: 96). 169 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

Each of the ASEAN countries provides tenure for female police officers. Islamic countries attach great importance to assigning female police officers to serve a female population as a result of religious practices. Female police officers in Malaysia represent 18 percent of its total police manpower, while the percentage of female police officers in Thailand is seven percent. Female police officers in Indonesia and Malaysia execute the same tasks as their male counterparts. In Malaysia, female police officers are seen conducting patrols and providing other services the same as male police officers. The retirement ages of police officers in ASEAN member countries are different, as follows: 1) Countries where all groups of police officers retire at the same age include Thailand (60 years), Malaysia (60 years), Myanmar (60 years), Singapore (60 years), Indonesia (58 years), and the Philippines (56 years). 2) There are countries where the retirement age varies according to police groups, whereby the retirement age of lower-rank police officers is lower than that of higher-rank ones. For example, in Vietnam, the retirement age for general male police officers is 55 and that for general female police officers is 50; that for middle- management male police officers is 58 and that for middle-management female police officers is 53; and that for top-management male police officers is 60 and that for top-management female police of- ficers is 55. In Cambodia, retirement age for police officers holding the rank of Police Colonel or higher is 60 and that for those holding a rank lower than Police Colonel is 55. 170 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

3) Brunei has a unique system. The retirement age is 55, and police officers who retire at this age will receive a pension amounting to two-thirds of their pre-retirement monthly salary. When they reach the age of 70, their pension will be equal to their pre-retirement monthly salary. In some countries, there are calls for the extension of retirement ages of police officers; for instance, from 56 to 60 years in the Philippines. In Indonesia, the age can be extended to 60 years in some functions, and there is a desire for the retirement age to be extended to 60 years. The police rank systems of ASEAN member countries can be divided into two groups: Group 1: The police rank system which is the same as the military rank system – The ASEAN countries which have adopted such a system include Vietnam, Cambodia, Thailand, and Myanmar. Group 2: The British police rank system or a system from other European countries – The ASEAN countries which have applied this system include Malaysia, Singapore, Brunei, the Philippines, and Indonesia. Currently, the Singaporean police rank system has a single-group structure, which consists of 12 ranks, from the highest rank to the lowest rank. The objective of the system is to provide clarity and compactness of the career path and to efficiently create motivation in its police officers. 171 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

Retirement age The retirement age is 55, and police officers who retire at this age will receive a pension amounting to two-thirds of their pre-retirement monthly salary. When they reach the age of 70, their pension will be equal to their pre-retirement monthly salary. - ratio 1: 96 Police: population 4,400 (Number Manpower of officers) Current structure A centralized structure as the national police force. A sultan serves as Inspector General of Police. The administers the police agencies. The police agencies are divided into three levels – the regional police, police station, and box. - - - -

Evolution 1905: Brunei became a protectorate of the British, who paved way for modern governance and administration. 1921: A police force was established. 1965: The king granted the word ‘Royal’ in the name of police force. - - - in ASEAN Countries Comparison of the Evolution Police Organizations, Structures, and Personnel Development Police

organization The Royal Brunei Police Force (RBPF) 1 No. Table 4 Table 172 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries Retirement age Police Colonel or higher: 60 years. Lower than Police Colonel: 55 years. - - ratio 1: 257 Police: population 56,000 (Number Manpower of officers) Current structure A centralized structure as the national police force. Affiliated with the Ministry of Interior, which has other affiliated police organizations, e.g. the General Department of Immigration and the Cambodian Police Academy. It has a gendarmerie force, law enforcement agency under the Ministry of Defence. The police structure is divided into three levels – the provincial police, district police, and police station. - - - - Evolution 1884 -1945: Cambodian policing was organized by the French. 1945: Cambodia gained independence, and the Cambodian National Police was born.

- - in ASEAN Countries (cont.) Comparison of the Evolution Police Organizations, Structures, and Personnel Development Police

organization Cambodia General Department of Police 2 No. Table 4 Table 173 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries Retirement age 58 years - N/A N/A ratio 1: 629 Police: population N/A 407,222 (Number Manpower of officers) Current structure A centralized structure as the national police force. Being under the president. The police structure is divided into three levels – the regional police, provincial police, police station, and police precinct/police box. A centralized structure as the national police force. Affiliated with the Ministry of Public Security. The police structure is divided into two levels – the provincial police and district police. ------

Evolution 1946: The National Police Service was established. 1966: The police were under the army. 2000: The police were separated from the army; operations in police profession were adjusted; the old police rank system was replaced by a new one (the old was the same as a military rank system). 1865: The French ruled Lao PDR and set up a Western-styled police organization. 1961: The Lao Police Force was set up. - - - - - in ASEAN Countries (cont.) Comparison of the Evolution Police Organizations, Structures, and Personnel Development Police

organization The Indonesian National Police (INP) Lao General Department of Police 3 4 No. Table 4 Table 174 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries Retirement age 60 years 60 years - - ratio 1: 227 1: 635 Police: population 93,000 137,227 (Number Manpower of officers) Current structure A centralized structure as the national police force. Affiliated with the Ministry of Home Affairs. The police structure is divided into three levels – the regional police, district police, and police station. A centralized structure as the national police force. Affiliated with the Ministry of Home Affairs. The police structure is divided into four levels – the , district police, township and police station. ------Evolution 1807: Justice-related work was improved by the British; Straits Settlements Police, the Police, and the Police outside the Federated Malay States were established. 1963: Malaysian police agencies were merged into the national police. 1825: A British police system was adopted; the first police station was established, which was in Arakan. 1964: The People’s Police Force was set up. 1995: A police reform took place. - - - - - in ASEAN Countries (cont.) Comparison of the Evolution Police Organizations, Structures, and Personnel Development Police

organization Royal Malaysian Police (RMP) Myanmar Police Force 5 6 No. Table 4 Table 175 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries Retirement age 56 years 60 years - - ratio 1: 637 1: 340 Police: population 16,500 162,000 (Number Manpower of officers) Current structure It is the national police; however, local authorities are authorized to exercise power with the national police to designate chiefs and provide material and equipment support. There is the National Police Commission, which is affiliated with the Philippine Department of Interior and Local Government. The police structure is divided into four levels – the regional police, provincial police, police station, and precinct. A centralized structure as the national police force. Affiliated with the Ministry of Home Affairs. The police structure is divided into two levels – The police division and the Neighborhood Police Centre (NPC). ------Evolution 1898: The Police Department and the Peace Keeping Force were set up. 1901: The police organization became independent, which was responsible for different areas. 1950: The police became part of the army. 1991: The police were separated from the army. 1998: A police reform law was in place; the police were restructured; and the National Police Commission was set up. 1820: The first police force was established. 1826: The police were part of the Straits Settlements Police. 1965: Singapore separated from Malaysia. ------in ASEAN Countries (cont.) Comparison of the Evolution Police Organizations, Structures, and Personnel Development Police

organization Philippine National Police (PNP) The Singapore Police Force (SPF) 7 8 No. Table 4 Table 176 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

Retirement age 60 years General officers: 55 years for males and 50 years for females. Middle management: 58 years for males and 53 years for females management: Top 60 years for males and 55 years for females.

- - - - ratio 1: 320 1: 340 Police: population 214,459 280,000 (Number Manpower of officers) Current structure A centralized structure as the national police force. Being under the Prime Minister. The police structure is divided into three levels – the regional police, provincial police, and police station. A centralized structure as the national police force. Affiliated with the Ministry of Public Security, which has other affiliated departments. The police structure is divided into four levels – 1) the General Department of Vietnam Police 2) Provincial Police 3) District/Regional Police, and 4) Sub-district Police. ------

Evolution 1860: A police force was set up. 1915: Different police agencies were merged. 1883: As a French colony, its policing was influenced by the French. 1945: The first police force was set up. 1954: After the Geneva Treaty, South Vietnam established a gendarmerie force. 1975: North Vietnam and South Vietnam were united. ------tion in ASEAN Countries (cont.) Comparison of the Evolution Police Organizations, Structures, and Personnel Development

Police organiza Royal Thai Police (RTP) The General Department of Police, under the Ministry of Public Security 9 10 No. Table 4 Table 177 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

In addition to regular police manpower, various ASEAN countries have sought public partnerships to support police operations with regard to crime prevention. The Malaysian police have two types of police forces which support police operations. The first type is auxiliary police, whose scope of authority is limited to the areas of ​​responsibility of their affiliated organization. Any organization which wishes to organize their own auxiliary police force, the members of which is determined by, and which is controlled by, the state, will announce a job application advertisement and be solely responsible for the cost. These organizations will assign new recruits to be trained by the police to receive a certificate before they are allowed to execute their duty. The auxiliary police officers wear a police uniform; badges on their uniform sleeve indicate their affiliated agency and their status as auxiliary police officers. Superficially, they are similar to private security personnel. Singapore has a number of manpower alternatives, including the National Servicemen Full-time (NSFs). All Singaporean men must serve in the army, the police, or the civilian defense manpower for two years. Each year, there are 5,200 NSFs who serve as police officers, which represent 30 percent of the entire Singapore Police Force. After they complete their two-year service, they will be discharged and promoted to Operationally-ready National Serviceman (NSman). Currently, there are approximately 27,000 NSmen.

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Singapore also has approximately 1,000 police volunteers. The history of Singaporean police volunteers can be traced back over 50 years ago. Many other ASEAN countries provide police volunteers, e.g. Brunei, Indonesia, Thailand, and Vietnam. Concerning human resources administration, it is interesting that the Malaysian National Police shows unity and comprehensiveness in its human resources administration, ranging from the processes of planning, recruitment, tenure and designation, and human resources development. The Malaysian National Police is in charge of controlling and formulating relevant polices. It has applied the competency concept to personnel administration of the police organization. It has developed the RMP Competency Model, under which police competencies are divided into four groups – core competency, generic competency, policing competency, and functional competency. For the consideration of promoting senior officers, a selection procedure is in place. Candidates are considered through police competency-related requirements and the training they have completed; bio data analysis; on-line assessment (a self-assessment questionnaire, in-basket exercise, case study exercise, and questionnaire on values​​ and ethics); and structured panel interviews, which are conducted by the Police Officer Commission. The Promotion Board is chaired by the Royal Malaysian Police Commissioner. One of the purposes of the personnel administration process is to link the personnel

179 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries administration procedure to respond to the implementation of Royal Malaysian Police’s strategies which aim to achieve the status of “a World Class Police Force” in 2020. Another purpose is to apply the competency principle to personnel administration and development. The Singapore Police Force has a personnel administration system which provides a clear career path. It offers a preparatory program to police officers based on their knowledge, abilities, and skills to enable them to grow on their career path accordingly. This will contribute to the enhancement of their strengths and skills. Its personnel administration approach is divided into two aspects, as described below: 1) Singapore Police Force – This approach helps to upgrade police officers’ operational efficiency, as well as develop and retain police talent. 2) Police officers – Police officers can enjoy self-develop- ment based on their strengths and aptitudes to create an opportunity to improve their specialized expertise and to pursue their profession which is beneficial to their strengths and skills as much as possible. After completing a required basic training course, the police will be designated to serve the Neighborhood Police Center (NPC), which is a basic position. The objective is to allow all police officers to have experience in area-level operations. After that, their career path will develop based on their expertise. The police can choose either of the two tracks, as outlined below:

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1) Generalist career – This career includes commanding and directing. The agencies where police officers opt for this track are agencies which are responsible for areas, e.g. police stations, airport police, and traffic police. Also, they can work in directing agencies, e.g. the planning and organizational unit, manpower unit, and logistics unit. 2) Specialist career – This career requires specialized expertise, i.e. investigation in criminal investigations and interrogation units and the Investigation Department in local police organizations; intelligence in police intelligence agencies and the Intelligence Department in local police agencies; special operations; marine police; and police coastal guard. The country where local authorities are allowed to co-exercise the power with police executives with regard to personnel administration and police administration at the local level is the Philippines. Although police officers across the Philippines are under the command of the Philippine National Police, a law requires executives of local authorities to represent the National Police Commission to act on behalf of regional police. In addition, the executives of local authorities have the power to appoint police chiefs at different levels. That is, the Police Provincial Director and Governor have the authority to select candidates from a list of three nominees proposed by the Police Regional Director. The City/Municipal Mayor has the power to select the chief of city police station from a list of nominees presented by the Police Provincial Director. 181 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

The authority to select and appoint the Police Regional Director belongs to the National Police Commission, while the authority to appoint the Chief of the National Police belongs to the president. 3.3.4 Police Education and Training Police education and training among ASEAN member states show quite a number of variations. The police education and training institutions, training systems, and curriculums of these countries are outlined in the table below.

Table 5 Police Education and Training Institutions and Training Systems Country Police education and training institutions 1. Brunei - The Police Training Centre in Gadong is responsible for training non-commissioned police officers and people holding a bachelor’s degree to be tenured as commissioned police officers. - Police officers in Brunei are sent to be trained at the Home Team Academy in Singapore. - The Brunei Government provides scholarships for overseas education in master’s and doctoral programs. 2. Cambodia - The Police Academy of Cambodia is directly under the Ministry of Interior (It is not affiliated with the Cambodia General Department of Police). It admits only non-commissioned police officers holding a senior high school certificate to attend a four-year bachelor’s degree program. - The Police Academy of Cambodia also provides training for correctional officers. - Found in five locations, the Regional National Police School is responsible for providing two-month training for non-commissioned police officers.

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Table 5 Police Education and Training Institutions and Training Systems (cont.) Country Police education and training institutions 3. Indonesia - The Indonesian National Police Academy (AKPOL) provides a four-year program for police cadet students. After completing the program, they will be promoted to commissioned officers with the rank ‘Inspector level 2.’ - The Police Science College (PTIK) provides certificate, master’s and doctoral training programs for high-rank police officers. - The Police Command and Staff School (SESPIM), which trains non- commissioned police officers who pass an entrance examination to become commissioned police officers; graduates who pass an entrance examination to become commissioned police officers; and commissioned police officers who will be promoted to be the chief of a regional police agency (provincial, district, and sub-district levels) in administration. - The Criminal Investigation Training Center (PUSDIK RESKRIM), which provides training in investigation. - The Sekolah Polisi Indonesia, or the Indonesian Police School, (SPN) provides training for non-commissioned police officers or constables. It is found at 28 locations. - The SEPOLWAN, a seven-month female police training course (similar to male constables). 4. Laos - The People’s Police Academy, which offers the following courses: - Two-year master’s degree program. - Four-year bachelor’s degree program. - Four-year English bachelor’s program. - Two-year Chinese high diploma program. - Two-year upgrading program. 5. Malaysia - The Malaysian Police Training Centre (Pusat Latihan Polis, PULAPOL) provides basic police training at five locations, i.e. Kuala Lumpur, Jalan Semarak, Bukit Sentosa, Rawang, Ayer Hitam, , Segamat, Johore, , , and Sarawak. - The Kuala Lumpur Royal Malaysia Police College offers executive training courses, short training courses, and the International Senior Police Officer Command Course (ISPOCC).

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Table 5 Police Education and Training Institutions and Training Systems (cont.) Country Police education and training institutions 6. Myanmar - The Police Officer Training Institute admits persons holding a bachelor’s degree to attend one-year academic training, one-year practical training, and one-year military training. - There are 200 male police cadet students and 100 female police officers per batch. Three batches of police cadet students are admitted each year, with one-year overlap. - There are six academies which train non-commissioned police officers, which provide eight-month training. - Non-commissioned police aged 30 years or lower are eligible to take an examination to study at a police training institution. 7. Philippines - The Philippine National Police Academy (PNPA) is affiliated with the Philippine Public Safety College, which is under the Department of Interior and Local Government. - Providing a Bachelor of Science in Public Safety (BSPS), which is a four-year program. - Providing education for police officers from the Philippine National Police (PNP), the Bureau of Fire Protection (BFP), and the Bureau of Jail Management & Penology (BIMP). - Apart from the Philippine National Police (PNP), there are training institutes which are under the Philippine Public Safety College, as follows: 1) The National Police Training Institute (NPTI), under which there are 18 Regional Training Centers (RTCs), which is responsible for training police officers from the Philippine National Police (PNP). 2) The National Police College (NPC), which is responsible for providing higher education or executive training courses. 3) The National Jail Management and Penology Training Institute (NJMPTI). 4) The National Fire Training Institute (NFTI), the director of which is an officer from the Bureau of Fire Protection. 5) The National Forensic Science Training Institute (NFSTI) is in charge of training officers from the Philippine National Police (PNP), Bureau of Fire Protection, and Bureau of Jail Management & Penology (BJMP).

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Table 5 Police Education and Training Institutions and Training Systems (cont.) Country Police education and training institutions 8. Singapore - The Home Team Academy provides training for law enforcement agencies affiliated with the Ministry of Home Affairs. - The concept of the Home Team Academy is: Each Home Team Department is successful but stronger as a team, to harness and synergise each Home Team Department’s strengths. - It maintains central oversight over Home Team (HT) training, runs cross-cutting HT courses, facilitates cross sharing of expertise/knowledge across HTs, and shares premises with autonomous training schools. - Training units which form the HTA consist of: 1) The Police Training Command. 2) The Immigration & Checkpoints Authority Training School. 3) The Prison Staff Training School. The three institutions noted above are located in the same area, which is home to the HTA. 4) The Internal Security Department School. 5) The Central Narcotic Bureau Training School. 6) The Civil Defense Academy. The three institutions noted above are located outside the HTA. - Senior police officers are provided with nine-month training at the A,HT and junior police officers are provided with six-month training. - The institution which trains police officers from the Singapore Police Force (SPF) is the Police Trainings Command (TRACOM).

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Table 5 Police Education and Training Institutions and Training Systems (cont.) Country Police education and training institutions 9. Thailand - The Royal Police Cadet Academy admits persons holding a senior high school certificate to study in four-year degree programs to become commissioned police officers. It offers three master’s degree programs. - The Royal Police Cadet Academy provides basic training for non- commissioned officers who will be promoted to be commissioned police officers, or persons holding a bachelor’s degree who are tenured as police officers (four to six-month training). - There are approximately 210 male police cadet students and 70 female police cadet students per class year. - The Central Police Centre and Police Training Centre, Regions 1-9, which are affiliated with the Bureau of Education, admit persons who hold a senior high school certificate to attend an 18-month training course to be tenured as non-commissioned police officers. - The Police College, under the Police Education Bureau, provides training courses for police executives, i.e. the Inspector Course, the Superintendent Course, and the Senior Command Course. 10. Vietnam - The People’s Police Academy (PPA), located in Hanoi, provides a variety of education and training courses in central and , as follows: ✓ Four-year bachelor’s degree program (Police cadets from Lao PDR are also admitted into the program). ✓ Police in-service training. ✓ Short course training for Cambodian police officers. ✓ After-hour course for police officers. ✓ Bachelor’s degree program for the general public without being tenured as police officers. ✓ Collaboration with international police training institutions. ✓ Training for Vietnamese youth - The People’s Police University, which is in charge of education and training in .

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The police recruitment and training systems vary from one country to another country; however, they can be put into groups, as follows. 1) There are three types of educational institutions that produce and train non-commissioned police, as follows: - Educational institutions which admit persons holding a senior high school certificate to attend a four-year program, which are available in Indonesia, the Philippines, Thailand, Vietnam, and Laos. - Educational institutions which admit persons holding a bachelor’s degree to attend training to be police officers, which are available in Myanmar, Malaysia, Brunei, and Singapore. - Educational institutions which admit non-commis- sioned officers to attend a four-year program, which are available in Cambodia. 2) Institutions which produce non-commissioned police officers – In countries with vast areas, there is more than one training center for non-commissioned police officers, scattered across different regions. 3) Institutions which train senior officers or executive officers, e.g. the Royal Malaysia Police College, the Police College of Royal Thai Police, and the Police Science College (PTIK) of the National Indonesia Police – They offer police administration programs, as well as master’s and doctoral degree programs. 4) Specialized training institutions, e.g. the CID Training Center.

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Training centers in Singapore are unique. The Home Team Academy (HTA) serves as the center for training law enforcement agencies, including immigration police, prisons, internal security, narcotic suppression, and firefighting units. The HTA oversees training courses provided by different agencies. Cross-cutting HT courses are also available, which leverage experts and knowledge shared by different agencies. Such a training system provides an opportunity for law enforcement officers from different agencies to join training organized by institutions which have aligned standards and curriculums. One benefit of this training system is the alignment in police operations and easy coordination. In Indonesia, there is a center dedicated to female police, which is called SEPOLWAN. It aims to facilitate the supervising and training of female police officers. 3.3.5 Police Administration Policies Police organizations in some countries have developed long-term strategies for police administration and visions to serve as an operational framework for their affiliated agencies: - Brunei – The Royal Brunei Police Force (RBPF) has developed the Strategic Planning Corporate Map of the Royal Brunei Police Force, 2007-2016, to serve as a starting point of continual and systematic organizational modernization to ensure clear development

188 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries goals and directions. Despite a low rate of general crimes in Brunei, new forms of threats have become a challenge to the Royal Brunei Police Force (RBPF). Thus, the strategy for high performance policing has been formulated to ensure high-quality and efficient services for the general public, maximize technological utilization, as well as develop management patterns. Other strategies are ‘A Trusted Partner’ and ‘A Caring Force.’ There is also the strategy for addressing major crimes and new forms of threats. - Malaysia – In 1991, the Malaysian government, led by Prime Minister Dr. Mahathir Muhammad, developed the 2020 Vision (Wawasan 2020) with the aim to make Malaysia a well-developed industrialized country by 2020. Since this vision was developed, every has formulated administration policies and accelerated the path to achieve this vision. In 2010, the government led by Prime Minister Najib Rasac, announced the policy “1 Malaysia” (Satu Malaysia in Malay) to accelerate the achievement of the 2020 Vision. One key issue in policy implementation is crime reduction. Based on the policy, the Royal Malaysian Police (RMP) has formulated police-related strategies and has allocated different resources to implement the crime reduction policy. Police are important part of this policy with regard to social safety and modern policing. - Philippines – The Philippine National Police (PNP) has developed the PNP Patrol Plan 2030 to serve as operational strategies for all police units. A main objective of this plan is to increase focuses

189 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries and collaboration with regard to daily responsibilities and operations through national security policies and strategies. Other objectives are to restructure the police system to reduce mistakes, create unity and reduce political interference and to strengthen the capacity of the National Police. - Singapore – Singapore has developed a challenging vision for the Singapore Police Force (SPF), which aims to create Singapore to be the world’s safest place. The Singapore Police Force has a policy which prioritizes crime reduction through participation of all parties in society. Some of its strategic issues pertain to adopting the community-centric approach, being a smart force in a smart nation, using a hierarchal model and differentiating between different levels of agencies and areas, and building maximum capacity of the general public. These are key factors which contribute to the efficiency of collaboration between police and the general public for crime prevention and equip police officers with necessary modern tools to accomplish its goals. Singapore’s police performance is characterized by compromises between diverse ethnic groups in the country. Its police operation-related policies are aimed at achieving cultural cooperation and harmonization over ethnic conflicts and instilling the concept that police missions are above anything else in all police officers. - Indonesia – After the country’s reform following a long rule by a military dictatorship, the Indonesian police adapted

190 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries to people-centered performance and took more human rights into account. A police reform has improved the credibility of the police career for Indonesian people. - Thailand – The Royal Thai Royal Police has formulated the Royal Thai Police Strategy, B.E. 2555-2564 (2012-2021) under the vision “Being professional police for public well-being.” To achieve this vision, strategies have been formulated: upgrading of the capacity for implementing key missions to respond to government policies; development of policing to ensure transparency and meet standards; participation of the general public and police networks; and strengthening of the police administration.

3.4 Laws Related to Police Law Enforcement 3.4.1 Legal systems During colonization, the legal system of individual ASEAN countries was influenced by their colonizers, as the police systems were. French colonies, including Lao PDR, Vietnam, and Cambodia, were influenced by the civil law system. Lao and Vietnam also incorporated the socialist legal system into their civil law systems. The British colonies, i.e. Myanmar, Brunei, and Singapore, were influenced by the common law system, which is based on trials and judgments of previous cases. Their legal systems incorporated their local norms and traditions. When Lao PDR and Vietnam became communist countries, their 191 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries original legal systems were abandoned and were replaced by new legal systems; however, they still keep the civil law system. In addition to the Criminal Code, each of the countries has laws which prescribe criminal penalty for particular offenses, i.e. drug-related offenses, trafficking in persons, and prostitution. In some countries, some offenses are subject to severe penalty, e.g. offences related to drugs and narcotics in Singapore, Indonesia, Malaysia, and Brunei. They also have a different penalty provision for the same offence. For example, in Vietnam, buying sexual service is illegal and is subject to an arrest. In Brunei, the Sharia Penal Code is applied. Countries where the general public is prohibited from firearm possession include Singapore, Brunei, Malaysia, and Vietnam, while people in Thailand and the Philippines are allowed to apply for firearm possession. Firearm-related laws affect crime violence. 3.4.2 Criminal Procedures In some countries, e.g. Malaysia, Indonesia, and Vietnam, there are 2-3 police officers, including female and male, who are provided at each police station or a police agency where crime cases are reported. The police officers on duty make inquiries and screen the cases. They will refer criminal cases to an investigation and interrogation unit, which will investigate and interrogate, make an arrest of offenders, and prepare documents to submit to a prosecutor. In other words, officers who conduct investigations and search for evidence and those who gather evidence to prove guilt are not 192 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries separated from each other. Police officers in charge of reported cases will not go to the scene. However, in some countries, a detective and investigator are different persons. In Singapore, investigators are responsible for gathering evidence and preparing case documents to submit to prosecutors. The role of Cambodian police stations is unique. Police officers at police stations are in charge of issuing national ID cards for the general public in areas of responsibility. Cambodian citizens who reach the age of 18 will have to apply for a national ID card, and those who have an expiring national ID card or have lost their national ID card will have to apply for a new one. With regard to detention of the accused, in most cases, when the accused are arrested, they are detained by police officers for 24-48 hours, and then, they are sent to a prosecutor or court. The detention duration after this will vary. As for filing a lawsuit with a court, the authority of prosecutors varies from one country to another country. Countries where prosecutors hold high authority include Cambodia and Lao PDR. Prosecutors in these countries are authorized to order investigative police officers to conduct an investigation and to release the accused if sufficient evidence is not found. With regard to law enforcement to ensure peace and order, some ASEAN countries provide laws on public assembly control,

193 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries including Indonesia, the Philippines, Brunei, Myanmar, Thailand, and Cambodia. They have laws stipulating that those who wish to organize an assembly shall apply for permission from competent authorities 3-7 days in advance (the duration to one country to another country). In some countries, some areas are dedicated to public assemblies. In Cambodia, before marching, permission from competent authorities shall be obtained first. One shall inform competent authorities of the purposes of the assembly, routes used for marching, and number of people in the march. If the authorities regard that the march could result in trouble and affect the rights of other citizens, they may not grant permission.

3.5 Building Public Safety Partnerships Building public safety partnerships of many ASEAN countries has been partly influenced by the community policing concept. Build- ing public safety partnerships in communist countries differs from that in countries ruled by another regime. The characteristics of public safety partnerships in these countries are outlined below. 3.5.1 Using community policing and creating public safety partnerships as part of a police reform – As for countries where the police perform a security role or are characterized by semi-military rather than people-centric operations, including Myanmar, Indonesia, and the Philippines, their police reform was aimed at resulting in police organizations focusing on public-centric practices.

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Thus, they have applied the community policing concept to build partnerships with the general public to solve crimes. Despite limitations in police administration, in 1994, Myanmar’s Committee for Reform of the People’s Police Force Management System (CRPPEMS) tried to reform police performance by revising laws pertaining to police administration and disciplinary action and apply the community policing concept. In 2014, Myanmar and the European Union (EU) entered into a bilateral agreement on human rights, policing, and police reforms to ensure international standards for Myanmar policing, through training and implementation of pilot projects to build public confidence in the police. Since the police reform in Indonesia in 2000, when the police were separated from the army, an effort has been made to civilianize police administration in Indonesia and make it more public-oriented. The Indonesian National Police (INP) has developed the community policing principle to be applied to achieve police professionalism and optimize crime problem solving and law enforcement. Indonesia’s community policing has been public-centered and has placed an emphasis on the respect for human rights and establishment of community partnerships. After a terrorist attack on Bali Island on 12 October 2002, the Indonesian government and the Indonesian National Police (INP) have focused on terrorism prevention, especially in target areas, which include business districts and areas which consist a lot of foreign visitors and residents. Private business owners have put rigorous self-protection measures in place, including limiting 195 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries public entrance-exit points, metal detector gates, CCTVs, sniffer dogs (K-9), and security personnel, who inspect persons and objects that come in and out of their premises 24-hours a day. Police operations have also attached great importance to the involvement of private security personnel, which exist in a large number. The police have to collaborate with private security managers. During its separation from Malaysia, Singapore paved the way for its police system, based on the community policing concept derived from Japanese policing practices. In the 1980s, Singapore started to use the neighborhood police post (NPP) to bring police officers closer to the general public. Such a system has developed to be the community policing system (COPS), which enables the police to work with communities and private businesses for effective crime prevention. Singapore’s crime prevention program provides an important mechanism – the National Crime Prevention Council (NCPC). The members of NCPC include representatives from the Singapore Insurance Association, Singapore Architecture Institute, Singapore Hotel Association, Retailer Association, Bank Association, Factory Association, Gold and Jewelry Shop Association, Ministry of Interior, and the Singapore Police Force.221 Despite being an independent organization, the National Crime Prevention Council collaborates with police officers to educate the general public about crime prevention and encourages them to protect themselves against crimes. Thus, crime prevention in Singapore entails the collaboration between the police and all sectors of society. 196 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

3.5.2 Application of Community Policing as Part of the Strategy for Optimizing Crime Prevention When the Malaysian government defined its national vision for Malaysia to become a fully-developed nation, one strategy contributing to the vision achievement is crime reduction to safeguard Malaysian society. Formulating a policy towards a paradigm shift and participation, the Royal Malaysian Police focused on decreasing crimes and building participation of different sectors in society. As a newly-established agency, Malaysia’s Crime Prevention and Community Safety is responsible for comprehensive crime prevention tasks, which rely on patrol cars, motorcycles, community policing, as well as the participation of the general public, communities, and agencies. Thailand’s Police Department (the Royal Thai Police’s former name) has undergone an evolution of partnership building. It started with the introduction of the community policing and public-police relations concepts. After some time, it officially put the community policing concept into practice. That is, the establishment of the Commission of Overseeing and Following-up Police Administration, which allowed the general public and different sectors to engage in police administration. The committee helps boost more community policing activities such as serving as home police volunteers, providing information for authorities, and participating in positive police-public relations activities. In 2014, the National Police Act, B.E, 2547 (2004) was enacted to allow local public participation in local crime prevention with police stations. 197 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

Brunei, a small country which has a low crime rate, has also applied the community policing concept by building police-community partnerships. Community leaders are a key mechanism which encourage local people’s engagement with police officers as volunteers. Brunei’s building of public safety partnerships is effective at the community level. 3.5.3 Building public safety partnerships in communist countries – For Lao PDR and Vietnam, which are communist countries, developing a partnership between the police and the general public or other sectors in society differs from that in the other countries in the region. For these two countries, the primary objective of public participation is to create national peace, order, and security. The participation of people in local communities is an important part of the social control policy, whereby household registration is a vital tool for controlling a local population. The general public play an important role in providing information for authorities and cooperating with government officials to maintain security and safety in communities and the country as a whole. In Lao PDR, local leaders play a vital role in mediating disputes or conflicts in localities, which reduces workload of police officers, who have operational limitations, especially those in remote areas.

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3.6 International Policing 3.6.1 International Relations and INTERPOL All ASEAN member states are members of INTERPOL, which is a key mechanism which allows all police forces across the globe to collaborate with each other to create safety across the world. This is achieved by exchanging information and providing operational technical support to combat crime.222 The following are the years when the ASEAN countries became INTERPOL members: 1984: Brunei 1952: Indonesia 1956: Cambodia, Myanmar, the Philippines, and Thailand. 1957: Lao PDR 1961: Malaysia 1968: Singapore 1968: Vietnam The respective countries have engaged in activities organized by INTERPOL, which include seminars, training, and joint operations for prevention and suppression of different types of international crimes which are associated with the interests of these countries. The joint operations include surveillance on persons, vehicles, cargo containers, border crossings, drug smuggling, and trafficking in persons. The cooperation as an INTERPOL member includes exchanging information and tracking wanted persons. The INTERPOL National Central Bureau (NCB) in the respective countries serves as a key

199 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries coordination channel and mechanism. In terms of the organizational structure, in most of the countries, including Brunei, Cambodia, Indonesia, Laos, Myanmar, Singapore, Thailand, and Vietnam, the NCB is affiliated with a police agency in charge of foreign affairs. Malaysia’s NCB is part of the Criminal Investigation Department (CID), which is responsible for transnational crimes. The Philippines’ NCB is not affiliated with the Philippine National Police but the Office of the President. It coordinates with all law enforcement agencies in the Philippines. The ASEAN countries which have been involved in interna- tional policing to support the United Nations’ peacekeeping, as well as peacekeeping missions in other regions include Indonesia, Singapore, and Thailand. These countries have deployed their officers to join the United Nations Peacekeeping Force. Each year, the Indonesian National Police (INP) has sent approximately 140 police officers force to join the Formed Police Unit (FPU) in Darfur. Singapore has played a key role in INTERPOL. Currently, Singapore is home to the INTERPOL Global Complex for Innovation (IGCI). The IGCI was established to facilitate modern research and development for the study of the nature of crimes and offenders, new training styles, and support an operational partnership. The center is part of the General Secretariat of INTERPOL in Lyon, France. It was also established to expand the INTERPOL network within Asia.

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3.6.2 Regional Relations and ASEANAPOL Another significant mechanism for cooperation among police agencies in the ASEAN region is ASEANAPOL, which stands for “ASEAN National Police.” As a gathering of the police in ASEAN, ASEANAPOL was founded to enhance regional cooperation in preventing and combating transnational crimes. ASEANAPOL is neither under an ASEAN mechanism nor part of the ASEAN. The history of ASEANAPOL started from 21-23 October 1981 in Manila, the Philippines, when the first ASEANAPOL Conference, among ASEAN Chiefs of Police, was convened by five member countries, namely Malaysia, Indonesia, the Philippines, Thailand and Singapore. After that, the ASEANAPOL Conference was held annually. The 20th ASEANAPOL Conference, in 2000, was hosted by Myanmar and was attended by all the ten ASEAN member countries. At the 25th ASEANAPOL Conference, which was held in Bali, Indonesia in 2005, a working group to establish the permanent ASEANAPOL Secretariat was set up. Before 2009, the conference host countries acted as the ASEANAPOL Secretariat.223 On 1 January 2010, the permanent ASEANAPOL Secretariat was established at the Royal Malaysian Police (RMP), in Kuala Lumpur, Malaysia. The Malaysian government, as the host state, supported the establishment and implementation in the first year. As part of a consensus, the 10 member countries provided the same amount of funding for the expenditure of activities carried out by the ASEANAPOL

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Secretariat. Each year, the three major directors (Indonesia, Singapore and Malaysia) were paid by their own governments. The Secretariat shall be administrated based on the Terms of Reference, which was signed by the ASEAN Chiefs of Police during the 29th ASEANAPOL Conference in 2009 in Hanoi, Vietnam. The objectives of ASEANAPOL are to: 1. Ensure the effective implementation of all resolutions adopted at the ASEANAPOL Conferences; 2. Serve as a coordination and communication mechanism to allow members to establish and to maintain all channels of interaction amongst members; 3. Foster mutual assistance and cooperation amongst members; and 4. Endeavour to increase regional cooperation efforts against transnational crime. Functions 1. Prepare and implement work plans for effective implemen- tation of all the resolutions adopted in the annual Joint Communiqués signed at the ASEANAPOL Conferences; 2. Facilitate and coordinate cross-border cooperation on intel- ligence and information sharing and exchange; 3. Facilitate and coordinate joint operations and activities involving criminal investigations, the building and maintenance of the ASEANAPOL database, training, capacity building,

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the development of scientific investigative tools, technical support and forensic science; 4. Provide support and necessary assistance in organizing the ASEANAPOL Conferences; 5. Submit on a quarterly basis to the Chiefs of ASEAN Police Forces proposals on all planned programs and activities to be carried out; 6. Prepare an annual report on its activities and expenditures to be presented to the ASEANAPOL Executive Committee immediately before the ASEANAPOL Conference, and distribute this to all members at the ASEANAPOL Conference; and; 7. Act as a custodian of all documents and records of ASEANAPOL. ASEANAPOL identified 13 topics which are the interests of the member states: 1. Drug trafficking 2. Terrorism 3. Arms smuggling 4. Trafficking in persons 5. Wildlife-related crime 6. Maritime fraud 7. Commercial crime and offenses related to banking and credit card fraud 8. Cybercrime 9. Travel document fraud 203 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

10. Transnational fraud 11. The Electronic ASEANAPOL Database System (e-ADS) 12. Mutual assistance on crimes 13. Training and personnel exchange programs between ASEAN police forces ASEANAPOL differs from INTERPOL and EUROPOL in terms of the number of member nations and staff in the Secretariat Office. These numbers of ASEANAPOL are much lower than those of the other organizations. In addition, in terms of age, ASEANAPOL is very young when compared with the other two, which have a long history. The cooperation between police agencies in ASEAN member countries started a long time ago, in 1981. The permanent ASEANAPOL Secretariat was established in 2010. ASEANAPOL’s role became more active, especially during the upcoming launch of the ASEAN Community. The modern technology and communication world allows crimes to be committed without border limitations. Accordingly, police agencies in this region have realized the importance of cooperation and coordination to combat this type of crime. The National Police Chief of Indonesia discussed the importance of cooperation between police agencies during leading up the launch of the ASEAN Community, by stating that informal coordination between police officers in ASEAN countries is not less important than formal coordination since informal coordination allows for fast and timely communication and cooperation.224

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3.6.3 Bilateral Relations Police organizations of the ASEAN nations have bilateral relations among themselves and with countries outside of the region. The factors which have affected the relations among police organizations in this region are the following: - History – Their exposure to Western colonialism, followed by World War II and the Cold War; international relations during times of conflict and fighting for independence; and geopolitical factors have had an impact on their present international relations. An example is the relations between Vietnam, Lao PDR and Cambodia. Apart from their history, their geography characterized by connected borders has established a very close relationship between police agencies at the national and area levels among these three countries. - Geography – Connected borders can allow for the connectivity of crimes. Having an awareness of this issue, the ASEAN nations which share land and sea borders have cooperative efforts to prevent and suppress cross-border crimes. For example, Thailand, Myanmar, Cambodia, Lao PDR, and Malaysia have cooperated in combating cross-border crimes, drug trafficking, trafficking in persons, and cross-border car theft. As for archipelagic countries and countries with connected sea areas, e.g. Malaysia, Singapore, Indonesia, the Philippines, Brunei, Vietnam and Cambodia, they realize that police organizations need to cooperate on the prevention and suppression of transnational crimes, marine crimes, pirates, and ransom.

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- National interests – The cooperative issues between international police organizations depend on national interests and reciprocated benefits, which are an important factor contributing to bilateral cooperation. As crimes in their countries can be associated with other countries outside of the region, they have established international relations with those countries, e.g. Australia, Korea, China, and the U.S.A. 3.6.4 Cooperation in Organizational Development Another area of cooperation between ASEAN police agencies is police organization development. There are cooperative training programs for police capacity building. One program, under a partnership between Singapore and Japan, provides developing countries with training in police performance development. The International Law Enforcement Academies (ILEAs) and the CID Training Centre also provide training courses. Vietnam, Lao PDR, Cambodia, Myanmar, and Thailand are Indochinese countries which have a continued bilateral relationship with regard to education and training. Thailand’s Royal Police Cadet Academy has academic cooperation with the Vietnam People’s Police Academy, the Police Academy of Cambodia, and the Myanmar Police Academy in terms of education and training exchange. Thailand’s Royal Police Cadet Academy admits police cadet students from these Indochinese countries to attend a four-year program. There are also 206 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries faculty, executive and student exchange programs for educational institution visits and short-course training. Each year, the Vietnam People’s Police Academy admits many police cadet students and police officers from Cambodia and Lao PDR to attend training courses. Singapore’s Home Team Academy has a cooperative program with Brunei, to which Brunei sends its police officers to be trained. In conclusion, the ASEAN member nations play an active role in international policing, with INTERPOL serving as an important international network and a channel for the exchange of information, joint operations, tracking wanted persons for whom arrest warrants have been issued, and training and seminar support. The INTERPOL National Central Bureau (NCB), which is located in each of the countries, is a channel for coordination between them and the INTERPOL Secretariat. Concerning regional cooperation, ASEANAPOL is in place, which is an important channel for bilateral cooperation and relations. The ASEAN countries also have a relationship with countries in other regions. The factors that contribute to cooperative efforts include history, geography and national interests. In the 21st century, there has been an exponential growth in the need for international policing due to changes in the world as a result of advancement of information and communication technology, as well as transport systems, which provides quick connectivity to different areas both inside and outside of the region. All of these 207 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries factors enable an influx of crimes across countries without borders. Cooperation between police organizations both at national and regional levels is an important tool for addressing crimes and maintaining peace and order in this era.

208 Chapter 4 Conclusions and Recommendations

4.1 Key Lessons from the Comparison of Police Administration in the ASEAN Countries The study of the contexts of police administration demonstrates that the socio-economic conditions, political structures, and history of these ASEAN nations have an impact on their policing administration, their organizational structures, laws related to law enforcement, building public safety partnerships, and international policing. The key lessons learnt from the comparative study of police administration and related laws of the ASEAN nations are outlined below. 4.1.1 Police Organizational Structure and Police Roles and Responsibilities 4.1.1.1 The transition and adaptation of ASEAN police organizations from the past to the modern time The police in the ASEAN region has been influenced by Western colonizers. After these countries obtained their independence 209 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries and improved their internal administration, the political changes and conditions in the countries had a significant impact on the transition of police organizations. The development varied from one country to another country. With respect to the circumstances in which they had to address the issue of national security, the police played an important role in maintaining peace and order and internal security. When situations changed, police organizations had to adjust them- selves to be more focused on public services and professional police work. That was witnessed through the police reforms in Indonesia and the Philippines, whereby the police were separated from the army, with an effort to professionalize and demilitarize policing. An- other example was the Singapore Police Force’s adaptation in con- junction with the country’s reform, corruption problem solving, and seeking of ways for the police to gain confidence from the general public. 4.1.1.2 Alignment and unity in the organizational structure The structures of the Malaysian and Indonesian police organizations show alignment between national, regional and provincial police agencies. This allows tasks to be smoothly transferred from the top level of administration to local areas, with agencies which are responsible for the same kind of tasks at all levels. On the other hand, tasks of area-level organizations are supported by upper-level agencies, all the way up to national police agencies. Provincial or district police agencies have required resources for ensuring the 210 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries safety of local people and resources for investigation and interrogation, which is able to provide a complete service in localities. 4.1.1.3 Distribution of local services The countries which consist of vast areas and archipelagos, e.g. Indonesia, Malaysia, the Philippines, and Brunei, attach great importance to police boxes, which are small service units after police stations. They do not use much manpower to provide safety for local people. 4.1.1.4 Traffic It is the police’s responsibility to regulate and control traffic, as well as enforcing traffic laws. For Indonesia, a large country which suffers from the traffic problems, traffic is one of the top priorities. It has modern traffic management centers, the roles of which include traffic management, law enforcement, and traffic accident prevention. Countries which enjoy rapid economic growth, e.g. Cambodia and Vietnam, have experienced more serious traffic problems. Thus, solving the traffic problem is a major police policy in these countries. In Vietnam, police officers are responsible for car and motorcycle registration. The Philippines is the only ASEAN country where officers from local authorities have the power to enforce laws and manage local traffic. The highway police, who are under the Philippine National Police (PNP), play roles in law enforcement, traffic facilitation, and the prevention of accidents on highways in the country. 211 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

4.1.1.5 Immigration In almost all of the ASEAN countries, immigration is a responsibility of the police. The exceptions are Brunei, Malaysia, and Singapore. To determine which agency should be responsible for immigration, one factor which has to be taken into account is the coordination between police officers and immigration officers in person identification, investigation, tracking and arresting of persons immigrating in the country through different channels, as well as security with regard to prevention and suppression of transnational crimes and terrorism. 4.1.1.6 Police roles There are diverse roles played by the police in ASEAN nations, including crime prevention and suppression, national security, and assistance of disaster victims, especially in natural disaster-prone countries, e.g. Indonesia, the Philippines, and Brunei. 4.1.1.7 Roles and authorities of police stations In addition to crime prevention and suppression, police stations in some countries provide some different services, as described below. - Registration – In Cambodia and Vietnam, a role of police officers pertains to civil registration and issuance of national ID cards. One benefit from this role is that this allows police officers to have information about its citizens, so they are able to control local people and optimize their intelligence work. 212 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

- Car and motorcycle registration – In Vietnam, police stations are responsible for car and motorcycle registration. - Firearm registration – In the Philippines, the general public are allowed to possess a firearm. They have to apply for a firearm possession license at a police station, and a police agency will consider whether to issue the permit. - Criminal records for persons who wish to work overseas – A large number of Filipinos want to work overseas. They have to go to a police station to get a criminal record before they can travel overseas. Police stations in the Philippines are in charge of checking and certifying the criminal records of Filipino citizens. 4.1.2 Police Administration Policies and Key Practices 4.1.2.1 Long-term national strategies in line with national visions The Malaysian government has formulated a vision for Malaysia to become a high-income fully-developed country. One approach which contributes to the achievement of this vision is crime reduction. The Royal Malaysian Police (RMP) has taken actions to respond to the crime reduction strategy by allocating resources and establishing crime prevention units. 4.1.2.2 Response to terrorism Indonesia and Malaysia are at risk of terrorism, espe- cially Indonesia. A major terrorist event occurred on Bali Island,

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Indonesia, which had an impact on public confidence in Indonesia. Attaching great importance to the terrorism issue, Indonesia has developed relevant agencies and an information system, conducted a study and analysis, and formulated guidelines for efficient terrorism prevention and response. This can be witnessed through the coop- erative effort between the government sector and business operators in Jakarta, which has provided for a safe environment and strict security measures. 4.1.2.3 Technological utilization Lessons from the Singapore Police Force (SPF) and the Royal Malaysian Police (RMP) demonstrate the application of various technologies towards police operations, e.g. CCTV, the control and command center system, e-service, criminal information for analysis of crime trends, technology for the empowerment of local operational police officers, back office technology, and optimization technology. 4.1.2.4 Preparedness for new forms of crimes and cybercrime There is a gap between the ASEAN nations in terms of the readiness to address new forms of crimes as a result of constraints with respect to financial resources, budgets, staff expertise, and modern equipment.

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4.1.3 Human Resource Administration and Development 4.1.3.1 Personnel administration with regard to appointments, transfers, and promotions Key lessons of personnel administration can be derived from the Singapore Police Force (SPF), which has provided a clear career path for police and prepares police officers based on their knowledge, abilities, and skills. It provides the opportunity for individual police officers to grow on the career path based on their aptitudes. This is beneficial for enhancing their strength and skills. The career path of Singaporean police is divided into two tracks: 1) Generalist career and 2) Specialist career, i.e. investigation in criminal investigations and interrogation units and the Investigation Department in local police organizations; intelligence in police intelligence agencies and the Intelligence Department in local police agencies; special operations; marine police; and police coastal guard. The promotion of senior police officers of the Royal Malaysian Police (RMP) requires an evaluation by a committee, testing, and a self-assessment. As for the Philippine National Police (PNP), the appointment of police chiefs in local police agencies uses the checks and balance system and co-exercising of power between the central authorities and the local authorities.

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4.1.3.2 Intelligence and citizen control by civil regis- tration In Cambodia, Vietnam, and Lao PDR, police officers are responsible for registration and issuance of national ID cards. One advantage is that the police officers can have local data and are aware of the movement of the population in their areas of responsibility, which contributes to intelligence efficiency. 4.1.3.3 Police Education and Training 1) Education and training services They are key a mechanism for police reforms. For instance, Indonesia’s police reform included a structural reform, operational tool reform, and cultural reform. An educational and training reform was part of a cultural reform to transition from a military culture to professional police. The transitions were made by the Indonesian National Police (INP) through an educational reform. It was expected that the police reform would change attitudes towards country democratization and human rights protection. To achieve this outcome, the Indonesian National Police (INP) incorporated human rights-related values in training courses for police officers at all levels. 2) Educational and training institutions for law enforcement agencies In Singapore, the Home Team Academy serves as the centre for training different law enforcement agencies, which is characterized by sharing resources for personnel training. Another similar example is educational and training institutions in the Philippines 216 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries under the Philippine Public Safety College, which oversees educational institutions which trains both police officers and officers from relevant units, e.g. fire fighting units, correctional units, and forensic units. One advantage of the law enforcement training network system and the resource sharing system is that law enforcement officers from different agencies have an opportunity to be trained by institutions which have aligned standards and curriculums. One benefit is the alignment in police operations and easy coordination. 3) The structure of the educational and train- ing institutions which is independent from police agencies In many ASEAN countries, police educational institutions are not subject to the command by the National Police or the Police Department. The Police Academy of Cambodia is directly under the Ministry of Interior, with the supreme commander holding the rank of Police General (equivalent to the Director-general of the Police Department). The Philippine Public Safety College is affiliated with the Department of the Interior and Local Government (DILG), and the People’s Police Academy (PPA) is affiliated with the Ministry of Public Security. Such a structure demonstrates the importance attached to education and training. The organizational structure which features unity in police education and training makes it easy to set standards and control the overall police development policies and resource sharing among law enforcement agencies in the country.

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4) Overall unity of educational and training institutions with a variety of courses The People’s Police Academy (PPA) offers a diversity of courses, including four-year bachelor’s degree programs to produce commissioned officers in Vietnam and abroad; graduate programs are open for police cadet students from neighbouring countries; short courses for executives; and courses for the general public. In addition, it has an extensive academic network of inter- national educational institutions. 5) Training institutions for female police officers In Indonesia, the SEPOLWAN is dedicated to training female police officers, to facilitate supervising and training them. This also responds to the needs of female police officers in Muslim countries, where male police officers’ oversight of the female population is limited. 6) Practical training Singapore’s Home Team Academy focuses on practical training, facilities for simulation, and continuous rotation of coaches who are police officers with first-hand experience. 4.1.4 Laws Related to Social Safety, Peace, and Order 4.1.4.1 The laws pertaining to maintaining peace and order The laws include firearm control laws and religious laws, which have an impact on social peace and order. Countries

218 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries where citizens are prohibited from possessing firearms are exposed to a limited extent of domestic crime violence. In Islamic countries, Muslim citizens are prohibited from drinking alcohol, which results in a low rate of quarrels and physical assaults due to drunkenness. 4.1.4.2 Motorcycle control measures for crime reduction In Myanmar, in some areas, such as Yangon, motorcycles are prohibited, thus resulting in no purse snatching cases using a motorcycle. 4.1.5 Building Public Safety Partnerships 4.1.5.1 Creating a partnership between the police and various sectors The Creation prevents crimes and build public confidence is a major contributing factor in having a lower crime rate. The advancement of crime control which relies on the partnerships between the police and the general public and the private sector has resulted in Singapore being ranked as one of the safest cities in the world. 4.1.5.2 The relationship between the police and local people This relationship plays a vital role in optimizing public safety. For example, the Philippine police have a close relationship with local authorities, as local authorities provide budget and material support and are involved in designating local police chiefs. In Lao PDR, home police volunteers are provided to work with community and village leaders and serve as dispute mediators. 219 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

4.1.6 International Policing 4.1.6.1 Roles in international policing The ASEAN country which has played a relatively leading role in international organizations is Indonesia since it has deployed its police force to join peacekeeping operations with the United Nations. Other ASEAN countries, e.g. Thailand and Singapore, have sent out individual officers, but not a force. Playing an active role in the international arena demonstrates the capacity of the police organizations and countries themselves. 4.1.6.2 INTERPOL INTERPOL serves as a key channel for police operations in the 21st century and for the relationships between police organizations at the regional and bilateral levels. This is because transnational crime, terrorism, and cybercrime are threats to public safety, and the cases related to these crimes have increased in both number and intensity in recent years. 4.1.6.3 Relationships between police organizations The relationships vary according to national interests and issues of cooperation, including the prevention and suppression of transnational crime, organizational development, and personnel development. Strengthening formal and informal relationships with different countries while considering short- and long-term reciprocal benefits will optimize coordination and cooperation in crime response.

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4.1.7 Readiness to Support the ASEAN Community In the Global Competitiveness Report 2017-2018, the World Economic Forum ranked 137 countries across the world in terms of global competitiveness, one indicator of which (Indicator 1.16) is the reliability of police services. The following table shows the results of the ranking of this indicator for the ASEAN countries:

Table 6 The Global Competitiveness Index 2017-2018 Rankings for the Reliability of Police Services Ranking for the reliability Score No. Country of police services (7) (137 countries) 1. Brunei 47 4.9 2. Cambodia 122 3.0 3. Indonesia 77 4.3 4. Lao PDR 78 4.3 5. Malaysia 36 5.5 6. Myanmar N/A N/A 7. The Philippines 112 3.4 8. Singapore 3 6.5 9. Thailand 91 4.1 10. Vietnam 74 4.3 Source: World Economic Forum, The Global Competitiveness Report 2017–2018, http://www3.weforum.org/docs/GCR2017-2018/05FullReport/TheGlobalC ompetitivenessReport2017%E2%80%932018.pdf, 20 August 2018.

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Globalization, arising at the same time of the advancement of information and communication technology and the Internet, which can connect the world’s population rapidly without limits, has inevitably exposed ASEAN member countries to challenges of more complicated domestic crime, transnational crime, cybercrime, and cyber threats. While making an effort to improve police organizations and conduct a police reform to optimize crime prevention and suppression, law enforcement, and human rights protection to build public confidence, many ASEAN countries may fail to keep pace with changes of the crimes and public safety. Thus, apart from internal efforts, the cooperation on transnational crime prevention and suppression and on exchanges to ensure police organization development is essential for enabling Southeast Asia, under the name “ASEAN,” to be a safe region with a collective effort.

4.2 Suggestions for Thai Police Administration Based on the study of police administration and related laws in the ASEAN member countries, especially good practices, and the comparison of practices of the different countries, the following sug- gestions are made for the development of the Thai police administra- tion. 4.2.1 Directions and Strategies for the Royal Thai Police 4.2.1.1 Clearly define long-term visions and goals These are in line with the directions of national develop- ment and the trends of future crimes, including new forms of crimes 222 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries and threats to public safety, e.g. transnational crimes, terrorism, cybercrimes, fraud and scams which involve investment technology and business, and financial transactions. In addition, the Royal Thai Police should focus on building public confidence and practices which respond to problem-solving for the general public. 4.2.1.2 Focus on crime prevention A lesson learned from Singapore, which has been ranked as one of the world’s safest cities, is the development of strategies and policies for police operations which are crime prevention-focused with crime prevention measures. 4.2.2 Police Restructuring Police restructuring should take various factors and approaches into account, as follows: 4.2.2.1 In response to changing crimes and relevant missions, establish new organizations to take charge of new missions or additional missions, or revamp existing organizations to serve different missions, e.g. transnational crime and cybercrime prevention and suppression, international police coordination, the pursuit of public participation, and the establishment of a partnership between the police and other sectors in society. 4.2.2.2 Consider the coherence in the structure of upper-, middle- and lower-level organizations to create clarity of different functions with regard to top-down policy making and policy implementation and bottom-up policy proposals. 223 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

4.2.2.3 Thoroughly and sufficiently distribute services into localities, for example, through precincts or other service points. 4.2.3 Personnel Administration 4.2.3.1 Improve the police career path by developing a system which consistently links the recruitment, selection, development, designation, and transfer processes to provide individual police officers with the opportunity to grow in the function they are strong at; clearly divide career paths into the generic path and the specialized path; and define a clear set of criteria for tenure, designation, transfer, and promotion to develop the expertise of police officers in each function. 4.2.3.2 Improve the designation and transfer system to ensure the promotion of self- development of police officers, by defining a procedure involving screening by supervisors at each level and including the assessment or testing of knowledge, abilities, physical performance, etc.; and provide a process for receiving feedback, suggestions, or other information from local people to assist with consideration. 4.2.3.3 Review the appropriateness of the rates of salary and compensation for operational police officers to ensure that they live their life with dignity. 4.2.3.4 Increase the proportion of female police officers to render public services or female investigative officers to work on cases related to sexual offenses or juvenile cases. 224 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

4.2.4 Human Resources Development 4.2.4.1 Promote the Royal Thai Police’s educational and training system as part of a police reform with regard to creating organizational culture, values ​​and ideologies in duty execution of professional police and with regard to focusing on problem-solving for the general public, life protection, and human rights protection. 4.2.4.2 Establish a network for training and human resource development of the Royal Thai Police at each level; and make academic exchanges with local and international agencies involved in law enforcement and the justice system in a systematic and continuous basis. 4.2.4.3 Adjust the training styles to focus more on the practical part; develop police officers’ self-study skills and problem- solving competency; and provide sufficient places and equipment for training in accordance with the actual tasks that police officers will perform after they complete their training course. 4.2.4.4 Provide a lecturer, instructor, and speaker development system, by providing an incentive system to attract police officers with experience in operational units to be involved in training in a rotational fashion; and enhance the skills and capacity of police officers who will be trainers of different training units.

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4.2.5 Development of Relevant Legal Systems 4.2.5.1 Develop laws to cover new kinds and forms of offenses, especially offenses related to technology, as well as fraud and scams involving property. 4.2.5.2 Consider the formulation of laws, rules and regulations which support the crime prevention and suppression operations, especially preventive ones, e.g. those pertaining to motorcycle riding control and Internet use; and use social media for Internet scam prevention and investigation. 4.2.5.3 Review the criminal procedures in relation to evidence, evidence collection, and hearing of evidence in the court to ensure the coverage and effective enforcement of laws against new forms of crimes, e.g. cybercrime and economic crime. 4.2.6 Development of Information and Communication Technology 4.2.6.1 Upgrade public services through e-service to reduce the workload of police officers at police stations. 4.2.6.2 Develop the use of information and communication technology in the execution of officers’ duties in all functions which provide linkages – An example is the criminal case search system which links to the network of the data on civil registration and registration of vehicles, firearms, firearm possession licenses, and driver’s licenses. Based on this study, in many of the ASEAN countries,

226 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries police officers have such data and use it as a key tool for controlling crime and maintaining peace and order. 4.2.6.3 Create the preparedness of computer forensic science because cybercrime is a great threat to public safety – Many of the ASEAN countries have been active and made an effort to develop investigation, interrogation and digital evidence gathering systems to ensure efficient law enforcement for cybercrime cases. Thus, the capacity of computer forensic science should be strengthened and agencies in charge should be expanded and distributed to the regional level. 4.2.7 Participation of Local Authorities as Local Safety Partnerships 4.2.7.1 Develop mechanisms for local authorities’ involve- ment in supporting operations related to maintaining public safety in local communities, while encouraging police practices of local police stations to be responsible to local communities – For example, the police and local authorities can jointly develop plans/projects based on a clear amount of budget monies and number of people from different sectors who join operations and provide support. 4.2.7.2 At the policy level, push for public education about self-protection against crime and raise social awareness about collective problem-solving with respect to crime. 4.2.7.3 Develop participation mechanisms and networks for police and the private sector to share the responsibility for crime 227 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries prevention in relevant areas, e.g. prevention of assaults against property, Internet frauds and scams, and break-ins in different types of residences, with the cooperation from financial institutions, bank associations, real estate businesses, and retail businesses. 4.2.8 International Policing Development 4.2.8.1 Improve the operational system to connect international relations to operations of local operating units. 4.2.8.2 Develop the cooperation between police orga- nizations in the ASEAN nations, while identifying issues related to crime and internal peace and order which require cooperation of international police organizations; and upgrade bilateral cooperation. 4.2.8.3 Enhance the capacity for international coordination for agencies which require such coordination, e.g. those responsible for transnational crime, technological crime, trafficking in persons, and drug trafficking.

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References

1 Donald E. Weatherbee, ASEAN: International Relations in Southeast Asia: The Struggle for Autonomy, Kiatichai Pongpanich, Translation (Bangkok: Saengdao, 2015), pp. 1-3. 2 Ibid, p. 282. 3 The World Bank, World Bank Open Data, 2016 https://data.worldbank. org/ 20 September 2016 4 Office of the Civil Service Commission,Public Administration of Negara Brunei Darussalam (Nonthaburi: The Office of the Civil Service Commission), pp. 19-20. 5 Ibid, p. 27. 6 ASEANAPOL, The Royal Brunei Police Force, http://www.aseanapol. org/information/the-royal-brunei-police-force. Retrieved on 9 December 2017. 7 Ibid. 8 General Information of Brunei Darussalam, Country Paper presented in The 25th Joint ASEAN Police Officers Course (25th JASPOC), organized by the Indonesian National Police from 5-9 October 2015 in Jakarta, Indonesia. 9 Royal Brunei Police Force, Strategic Planning Corporate Map of the Royal Brunei Police Force 2007-2016. 10 Komchadluek, Bruenei: Another Country under Shariah, http://www. komchadluek.net/news/politic/171763, Retrieved on 20 December 2017. 11 https://www.slideserve.com/ryanadan/criminal-justice-system-in-brunei- darussalam. 12 Community Policing in Negara Brunei Darussalam (Neighborhood Watch). Presentation at RBPF Headquarter, 19 September 2016. 13 ASEANAPOL, http://www.aseanapol.org/about-aseanapol/permanent- secretariat, 20 December 2017. 14 The World Bank, World Bank Open Data, 2016 https://data.worldbank. org/20 September 2016. 229 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

15 Office of the Civil Service Commission,Public Administration of Cam- bodia, p. 22. 16 The World Bank, World Bank Open Data, https://data.worldbank.org/ indicator/. 17 OSAC, 16 August 2016. https://www.osac.gov/pages/ContentReport Details.aspx?cid=19608. 18 Ibid. 19 Ibid, pp. 298-320. 20 ASEANAPOL, Cambodia National Police, http://www.aseanapol.org/ information/cambodia-national-police, 12 April 2018. 21 The Bureau of Policy and Strategy, the Office of the Permanent Secretary of the Ministry of Justice. Laws, Rules, Regulations, Requirements, Work System, and Guidelines of the Ministry of Justice and Agencies Related to the Justice System of ASEAN Countries, Cambodia, p.1. 22 Ibid, p. 2. 23 K. Neam, Introduction to the Cambodian Judicial Process (The Asia Foundation, 1998), available online at (accessed on 10 March 2013), Cited in Ibid, p. 3. 24 Patchara Sinloima et al., The Final Report of the Project on the Review of Criminal Laws and Criminal Justice System and Criminal Cooperation of ASEAN to Prepare for the ASEAN Community, p. 204. 25 Interview with a Cambodian municipal police officer at Phnom Penh Municipal Police. 2 March 2016. 26 INTERPOL, https://www.interpol.int/News-and-media/News/2016/N2016- 142. 27 Ministry of Foreign Affairs and International Cooperation, Kingdom of Cambodia, https://www.mfaic.gov.kh/cambodia-asean/cambodias-membership, 4 January 2018. 28 http://www.aseanapol.org/about-aseanapol/permanent-secretariat.

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29 The World Bank Open Data, 2017, https://data.worldbank.org/, 9 May 2017. 30 “The Republic of Indonesia,” Historical Encyclopedia of ASEAN Neighboring Countries (Bangkok: The Office of the Royal Society, 2015), p. 67. 31 The ASEAN Department, the Ministry of Foreign Affairs, ASEAN Mini Book, 3rd Edition, (Bangkok Page Make Co., Ltd., 2013), p.14. 32 The World Bank, World Bank Open Data, https://data.worldbank.org/ indicator/NY.GDP.MKTP.CD 20 September 2016. 33 Songkhla Rajabhat University, ASEAN, http://61.47.41.107/w/content/96/ เศรษฐกิจของอินโดนีเซีย, 20 September 2016. 34 Badan Pusat Statistik, 16 November 2015, . 35 Reksodiputo, Mardjono, The State of : A Preliminary Overview. https://aic.gov.au/sites/default/files/publications/proceedings/downloads/ 12-mardjono.pdf 36 Central Intelligent Agency (CIA). The World Factbook. 37 Institute for the Study of Violent Groups, Extremist Groups: An International Compilation of Terrorist Organizations, Violent Political Groups, and Issue-oriented Militant Movements, Volume 3 (Huntsville, Texas: Office of International Criminal Justice and Institute for the Study of Violent Groups, 2006), pp.343-345. 38 Ibid., pp.354-356. 39 Ibid., pp.349-353. 40 Police Science College of Indonesian National Police, Police Science, The INP 69th Anniversary, Edition 2015 (Jakarta Indonesia: PTIK Press, 2015), pp. 1-13. 41 Global Investment Center, Indonesia: Justice System and National Police Handbook, pp.105-106. 42 Ibid., p. 138

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43 Indonesia Country Paper 2015, presented in The 25th Joint ASEAN Senior Police Officers Course (25th JASPOC) in Jakarta, Indonesia, 5 October 2015. 44 Global Investment Center, Indonesia: Justice System and National Police Handbook, p. 106. 45 Wikipedia, 16 November 2015, . 46 Police Science College of Indonesian National Police, Police Science, The INP 69th Anniversary, Edition 2015, p. 9. 47 Office of the Civil Service Commission,Public Administration of Indonesia, p. 46. 48 Global Investment Center, Indonesia: Justice System and National Police Handbook, pp.64-69. 49 Library of Congress, Global Legal Monitor, 26 November 2015, . 50 The Asia Foundation, Community Policing in Indonesia, https://asia foundation.org/resources/pdfs/indocommpolicingeng.pdf, 20 January 2018. 51 IOM Indonesia, Community Policing, Jakarta: Indonesia, 2013. 52 The Asia Foundation, Community Policing in Indonesia, https://asia foundation.org/resources/pdfs/indocommpolicingeng.pdf, 20 January 2018. 53 Indonesia Country Paper 2015, presented in The 25th Joint ASEAN Senior Police Officers Course (25th JASPOC) in Jakarta, Indonesia, 5 October 2015. 54 INTERPOL, Indonesia, https://www.interpol.int/Member-countries/Asia- South-Pacific/Indonesia. 20 December 2017. 55 Ibid. 56 Information from Indonesian police officer who joined FPU in the first year of Indonesian joint operation. 57 Jakarta Center for Law Enforcement Cooperation, Foundation, https:// www.jclec.org/foundation-goal, 20 December 2017. 58 ASEANAPOL, Introduction, 12 December 2015, . 232 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

59 Australian Embassy Indonesia, 12 December 2015, . 60 The World Bank Open Data, 2016, https://data.worldbank.org/indicator/ SP.POP.TOTL?locations=KG, 20 September 2017. 61 Phanompatt Smitananda, “Lao People’s Democratic Republic,” Learning about ASEAN (Bangkok: Dhurakij Pundit University Press: 2015), p. 333. 62 The World Bank Open Data, 2016, https://data.worldbank.org/indicator/, 19 January 2018. 63 Office of the Civil Service Commission,Public Administration System of Lao People’s Democratic Republic, pp. 28-29. 64 Facts and Details, Justice System, Police and Crime in Laos, http:// factsanddetails.com/southeast-asia/Laos/sub5_3d/entry-2979.html, 20 September 2017. 65 Vientiane Times, Economic Pressures Causing Crime to Rise in Vientiane, http://jclao.com/economic-pressures-causing-crime-to-rise-in-vientiane/, 22 February 2018 66 J&C Services, Spate of Crimes, Expats among Targets: Vientiane, Vientiane Times, 08/08/2014, http://jclao.com/spate-crimes-expats-among-targets- vientiane/, 22 February 2018. 67 Donald E. Weatherbee, ASEAN: International Relations in Southeast Asia: The Struggle for Autonomy, Kiatichai Pongpanich, Translation (Bangkok: Saengdao, 2015), pp. 308-311. 68 United Nations Office on Drugs and Crime (UNODC), Trafficking in Persons from Cambodia, Lao PDR and Myanmar to Thailand (Bangkok: UNODC, 2017), p. 59. 69 Taksina Khaikaew, Thai VOA Washington, UN Urges ‘Laos’ to Increase Aids to Victims of Trafficking in Persons, 18 January 2017, https://www.voathai. com/a/laos-child-trafficking-tk/4168078.html, 23 February 2018. 70 Office of the Civil Service Commission,Public Administration System of Lao People’s Democratic Republic, p. 38. 233 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

71 Ibid, p. 62. 72 Ibid, pp. 66-68. 73 Suwit Thirasatwat, Lao History (Bangkok: Sangsan Printing Co., Ltd., 2000), pp. 223-224. 74 Manager Online, Lao Police Department has the First Major General for the Past 10 Years, http://www.manager.co.th/IndoChina/ViewNews.aspx? NewsID=9580000134554, 4 March 2018. 75 Overseas Security Advisory Council in the Justice System, Police and Crime in Laos, http://factsanddetails.com/southeast-asia/Laos/sub5_3d/entry-2979. html#chapter-5 76 Supasit Rowanchai, “Comparative Criminal Justice Process between Thailand and Lao PDR: Process before Trial,” Thesis of Master of Law, (Graduate School: , 2004), p. 60. 77 Ibid. 78 Harry R. Dammer and Jay S. Albnese, Comparative Criminal Justice Systems, p. 56. 79 Ministry of Public Security. Lao People’s Democratic Republic, Lao Public Security TV Program, 25 November 2016. 80 Interview with a Thai person who wants to be anonymous, who lived and conducted business in Laos. 81 INTERPOL, Laos, https://www.interpol.int/Member-countries/Asia-South- Pacific/Laos, 30 March 2018. 82 ASEANAPOL, Chronology, http://www.aseanapol.org/about-aseanapol/ chronology, 30 March 2018. 83 The World Bank Open Data, 2016, https://data.worldbank.org/indicator/ AG.LND.TOTL.K2, 10 April 2018. 84 Office of the Civil Service Commission, Public Administration System of Malaysia (Nonthaburi: Kornkanok Printing), pp. 41-43. 85 The World Bank, World Bank Open Data https://data.worldbank.org/ indicator/NY.GDP.MKTP.KD.ZG, 10 April 2018. 234 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

86 Malaysia – Economic Data, http://www.asean-info.com/asean_members/ malaysia_economics.html, 10 April 2018. 87 United State Department of State Bureau of Diplomatic Security, Malaysia 2017 Crime & Safety Report, https://www.osac.gov/pages/Content ReportDetails.aspx?cid=21370, 12 April 2018. 88 Presentation Crime Prevention and Community Safety Department, Royal Malaysia Police, 21 January 2016. 89 Commercial Crime Investigation Department (CCID), http://ccid.my/en/ be_smart/, 22 April 2018. 90 Drug and Alcohol Rehab in Thailand, Drug Addiction in Malaysia, http://alcoholrehab.com/drug-addiction/drug-addiction-in-malaysia/, 13 April 2018. 91 Office of the Civil Service Commission,Public Administration System of Malaysia, p. 59. 92 ASEAN Information Center. Public Relations Department. Information on Malaysian Politics from http://thailand.prd.go.th/1700/ewt/aseanthai/ewt_news. php?nid=4373&filename=index. Retrieved on 25 August 2016. 93 Presentation by ACP KASUAHDI ALI, Assistant Director of Establishment (Audit), Management Department, Royal Malaysia Police, 21 January 2016. 94 Presentation by ACP KASUAHDI ALI, Assistant Director of Establishment (Audit), Management Department, Royal Malaysia Police, 21 January 2016. 95 Public Relations Department, ASEAN Court System http://pr.prd.go.th/ chaiyaphum/ewt_news.php?nid=7871, 20 April 2018. 96 Act 593 Criminal Procedure Code as of 1 November 2012, published by The Commissioner of Law Revision, Malaysia Under the Authority of the Revision of Laws Act 1968, http://www.agc.gov.my/agcportal/uploads/files/ Publications/LOM/EN/Act%20593%20-%20Criminal%20Procedure%20Code.pdf. 97 Prachatai, Expensive Freedom in Malaysia, https://prachatai.com/journal/ 2015/05/59084, 20 April 2018. 98 Presentation Crime Prevention and Community Safety Department, Royal Malaysia Police, 21 January 2016. 235 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

99 Community Policing Malaysia, Program Kepolisan Komuniti Malaysia, http://www.cops.org.my/index.php, 20 April 2018. 100 http://www.tv3.com.my/beritatv3/berita_terkini/PDRM_Cadang_Polis_ Bantuan_Dinaik_Taraf.html in https://en.wikipedia.org/wiki/Auxiliary_police#cite_ note-2. 101 Police Volunteer Reserve Corp (Malaysia), http://dictionnaire.sensagent. leparisien.fr/Police%20Volunteer%20Reserve%20Corp%20(Malaysia)/en-en/, 20 April 2018 102 INTERPOL, Malaysia, https://www.interpol.int/Member-countries/Asia- South-Pacific/Malaysia. 103 Mutual Assistance in Criminal Matters Act 2002, http://www.oecd.org/ site/adboecdanti-corruptioninitiative/39844392.pdf, 22 April 2018. 104 The World Bank, World Bank Open Data, 2016, https://data.worldbank. org/indicator/SP.POP.TOTL, 20 May 2018. 105 Office of the Civil Service Commission, Public Administration of the Republic of the Union of Myanmar, pp. 22-23. 106 The World Bank, World Bank Open Data https://data.worldbank.org/ indicator/NY.GDP.MKTP.KD.ZG, 21 May 2018. 107 United States Department of State Bureau of Diplomatic Security, Burma (Myanmar) 2017 Crime & Safety Report, https://www.osac.gov/pages/ ContentReportDetails.aspx?cid=21412, 22 May 2018. 108 Ibid. 109 Office of the Civil Service Commission, Public Administration of the Republic of the Union of Myanmar, pp. 72-74. 110 Ibid., pp. 32-42. 111 Ibid., p. 42. 112 Lalita Hingkanonta Hanwong, Policing in Colonial Burma, (: Center for ASEAN Studies, , Thailand, 2013), p.3-22. 113 Ibid., p. 273.

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114 ASEANAPOL, Myanmar Police Force, 8 October 2015, . 115 Interpol, Myanmar Police Force, https://www.interpol.int/Member- countries/Asia-South-Pacific/Myanmar. 116 https://en.wikipedia.org/wiki/Myanmar_Police_Force, 22 May 2018. 117 Andrew Selth, “Police Reform and the ‘Civilianisation’ of Security in Myanmar,” in Law, Society and Transition in Myanmar, Melissa Crouch and Tim Lindsey, editors, p. 275. 118 VOA, EU Defends Training of Myanmar Police after Alleged Entrapment of Journalists, https://www.voanews.com/a/myanmar-police-and-reuters-journalists- case/4370393.html, 26 May 2018. 119 http://www.mypol.eu/, 26 May 2018. 120 Office of the Civil Service Commission, Public Administration of the Republic of the Union of Myanmar (Nonthaburi: Office of the Civil Service Commission), p. 68. 121 Report on the Study of Law, Rules, Regulations, Requirements, Work System and Guidelines of the Ministry of Justice and Relevant Agencies in ASEAN Countries, pp. 41-42. 122 Martin Jelsma; Ernstien Jensema; Nang Pann Ei Kham; Tom Kramer; Gloria Lai; and Tripti Tandon, Towards A Healthier Legal Environment: A Review of Myanmar’s Drug Laws, (Amsterdam: Transnational Institute, February 2015), p.3. 123 VOICE, Myanmar Discards ‘Assembly Law’, https://www.voicetv.co.th/ read/61769, 25 May 2018. 124 MGR Online, “Teng Seng” signs: Protest is lawful in Myanmar for the first time, https://mgronline.com/indochina/detail/9540000154485, 25 May 2018. 125 Office of the Civil Service Commission, Public Administration of the Republic of the Union of Myanmar, pp. 69-70.

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126 Philstar Global, Myanmar, EU cooperate in human rights, community policing, police reform, https://www.philstar.com/world/2014/06/01/1329877/myanmar- eu-cooperate-human-rights-community-policing-police-reform#6JQqg5dSZS5qFMjZ.99, 28 May 2018. 127 INTERPOL, Myanmar Police Force, https://www.interpol.int/Member- countries/Asia-South-Pacific/Myanmar, 28 May 2018. 128 Vachara Sinthuprama, “The Republic of the Philippines, “Encyclopedia on History of ASEAN Neighboring Countries (Bangkok: Office of the Royal Society, 2015), pp. 244-245. 129 The World Bank Open Data, 2016, https://data.worldbank.org/indicator/ SP.POP.TOTL, 30 May 2017. 130 Office of the Civil Service Commission, Public Administration of the Republic of the Philippines (Nonthaburi: Kornkanok Printing), p. 12. 131 The World Bank, World Bank Open Data https://data.worldbank.org/ indicator/NY.GDP.MKTP.KD.ZG, 10 April 2018. 132 Celia V. Sanidad-Leones, The Current Situation of Crime Associated with Urbanization: Problems Experienced and Countermeasures Initiated in The Philippines, Resource Material Series No.68, 129th International Senior Seminar Visiting Experts’ Papers, p. 133-135, http://www.unafei.or.jp/english/pdf/RS_No68/ No68_13VE_Leones1.pdf, 30 May 2018. 133 Rappler, Crimes, except homicide, in the Philippines down by 21.8% in 2017, https://www.rappler.com/nation/191747-philippines-crime-statistics- 2017-all-crimes-drop-except-homicide-pnp-yearend-2017, 15 June 2018. 134 Fact and Detail, Crime in the Philippines, http://factsanddetails.com/ southeast-asia/Philippines/sub5_6f/entry-3908.html, 15 June 2018. 135 United States Department of State Bureau of Diplomatic Security, Philippines 2018 Crime & Safety Report https://www.osac.gov/pages/Content ReportDetails.aspx?cid=23672, 15 June 2018.

238 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

136 Institute for the Study of Violent Groups, Extremist groups: An international compilation of terrorist organizations, violent political groups, and issue-oriented militant movements, Volume 3 (Huntsville, Texas: Office of International Criminal Justice and Institute for the Study of Violent Groups, 2006), pp.335-340. 137 United States Department of State Bureau of Diplomatic Security, Philippines 2018 Crime & Safety Report https://www.osac.gov/pages/Content ReportDetails.aspx?cid=23672, 15 June 2018. 138 Office of the Civil Service Commission, Public Administration of the Republic of the Philippines, ibid, p. 28-29. 139 Center for Police Strategy Management, Brief Background of the PNP, 2 Nov 2015 . 140 http://www.officialgazette.gov.ph/featured/about-the-pnp/. 141 National Police Commission, http://www.napolcom.gov.ph/index.php, 10 July 2018. 142 Maan Macapagal, ABS-CBN News, Police officers to receive pay hike this month, http://news.abs-cbn.com/news/01/11/18/police-officers-to-receive-pay- hike-this-month, 23 July 2018. 143 Philippine National Police, PNP PATROL PLAN 2030, http://www.pnp. gov.ph/about-us/pnp-patrol-plan-2030, 10 July 2018. 144 The University of Melbourne, Southeast Asian Legal Research Guide: Introduction to the Philippines & its Legal System, http://unimelb.libguides.com/ c.php?g=402982&p=5443355, 13 July 2018. 145 Office of the Civil Service Commission, Public Administration of the Republic of the Philippines, ibid, p. 44-45. 146 NAPOLCOM, https://www.napolcom.gov.ph/ExternalLink/framework.pdf, 20 July 2018. 147 Mike Frialde, NAPOLCOM expands police powers of governors, mayors. The Philippine -18 December 2015. https://www.philstar.com/headlines/ 2015/12/18/1534106/napolcom-expands-police-powers-governors-mayors, 20 July 2018. 239 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

148 ASEANAPOL, http://www.aseanapol.org/about-aseanapol/chronology, 22 April 2018. 149 The World Bank, World Bank Open Data, 2016, https://data.worldbank. org/indicator/SP.POP.TOTL, 26 April 2018. 150 Office of the Civil Service Commission, Public Administration of the Republic of Singapore, pp. 22-23. 151 The World Bank, World Bank Open Data https://data.worldbank.org/ indicator/NY.GDP.MKTP.KD.ZG, 25 April 2018. 152 Knowledge “ASEAN Economic Community: AEC) from http://www. thai-aec.com/160, Retrieved on 15 February 2016. 153 The Economist Intelligence Unit, SAFE CITIES INDEX 2017 Security in a Rapidly Urbanizing World: A report from The Economist Intelligence Unit, 2017, 154 https://dkf1ato8y5dsg.cloudfront.net/uploads/5/82/safe-cities-index-eng- web.pdf, 26 April 2018. 155 United States Department of State Bureau of Diplomatic Security, Singapore 2017 Crime & Safety Report, https://www.osac.gov/pages/content reportdetails.aspx?cid=21644, 26 April 2018. 156 , Overview of Singapore’s Drug Situation in 2017, https://www.cnb.gov.sg/docs/default-source/drug-situation-report- documents/cnb-annual-stats-release-for-2017-(final).pdf, 28 April 2018. 157 Office of the Civil Service Commission, Public Administration of the Republic of Singapore, pp. 22-23. 158 Singapore Police Force, Our Heritage, https://www.police.gov.sg/about-us/ our-heritage/our-heritage, 28 April 2018. 159 Singapore Police Force, Our Heritage, https://www.police.gov.sg/about-us/ our-heritage/our-heritage, 28 April 2018. 160 Ibid. 161 Office of the Civil Service Commission, Public Administration of the Republic of Singapore (Nonthaburi: Office of the Civil Service Commission), p. 32. 240 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

162 THE STATUTES OF THE REPUBLIC OF SINGAPORE PENAL CODE (CHAPTER 224), http://asean-law.senate.go.th/file/law/pdf/file-3159-37.pdf, 20 April 2018. 163 Singapore Statues Online, PUBLIC ORDER ACT (CHAPTER 257A), https://sso.agc.gov.sg/Act/POA2009#pr34-, 13 May 2018. 164 The Bureau of Policy and Strategy, the Office of the Permanent Secretary of the Ministry of Justice. Laws, Rules, Regulations, Requirements, Work System, and Guidelines of the Ministry of Justice and Agencies Related to the Justice System of ASEAN Countries, Cambodia, 2012, p. 129. 165 INTERPOL, Singapore, https://www.interpol.int/Member-countries/Asia- South-Pacific/Singapore, 16 May 2018. 166 ASEANAPOL, Singapore Police Force, http://www.aseanapol.org/information/ singapore-police-force, 16 May 2018. 167 INTERPOL, The INTERPOL Global Complex for Innovation, https:// www.interpol.int/About-INTERPOL/The-INTERPOL-Global-Complex-for-Innovation/ Publications, 17 May 2018. 168 ASEANAPOL, http://www.aseanapol.org/about-aseanapol/chronology, 22 April 2018. 169 The World Bank Open Data, 2016, https://data.worldbank.org/indicator/ SP.POP.TOTL, 1 June 2018. 170 Sakonkan Wiset, ASEAN Contents (Bangkok: C and N Book, 2012), pp. 40-41. 171 The World Bank, World Bank Open Data https://data.worldbank.org/ indicator/NY.GDP.PCAP.CD, 25 April 2018. 172 United State Department of State Bureau of Diplomatic Security, Thailand 2016 Crime & Safety Report: Bangkok https://www.osac.gov/pages/ ContentReportDetails.aspx?cid=19119, 22 January 2017. 173 Immigration Bureau, Handbook on Transnational Crime Prevention and Suppression (Bangkok: Police Printing Bureau, 2011). 174 Ibid. 241 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

175 Office of the Narcotics Control Board, Drug Situations in Thailand, http://www.ppb.moi.go.th/midev03/upload/ONCB%20%204th%20of%2001FEB%20 Final.pdf, 2 June 2018. 176 Prapat Thepchatree, ASEAN Community (Bangkok: Sematham, 2011), p. 33. 177 Thailand 2016 Crime & Safety Report: Bangkok, https://www.osac.gov/ pages/ContentReportDetails.aspx?cid=19119, 22 January 2017. 178 Benarnews, Report says: No Association between Islamic Popular Front in Southern Thailand and ISIS, https://www.benarnews.org/thai/news/TH-ICG- study-11092017182447.html/, 2 June 2018. 179 National Police Act, B.E. 2547 (2003), Section 16. 180 Data from the Office of Human Resources Royal Thai Police, December 2017. 181 Office of the Civil Service Commission, Public Administration of the Kingdom of Thailand (Nonthaburi: Office of the Civil Service Commission), p.25. 182 Division 2, Office of Budget and Finance, Police Department,Handbook for Community and Mass Relations Officers, (Bangkok: Police Printing Bureau, 1998), pp. 15-23. 183 Ibid, pp. 20-22. 184 Supisan Pakdinaruenart, Pol. Maj. Gen., Community Policing Theory: 21st Century Theory (Bangkok: Crime Suppression Division, Central Investigation Bureau, 2012), p. 28. 185 Royal Thai Police’s Regulations on Promoting the Participation of General Public, Communities, Localities, and Organizations in Police Affairs, B.E. 2551 (2018), Royal Thai Government Gazette, Vol., 125, Special Part 45 (Ngo), 3 March 2018. 186 INTERPOL, Royal Thai Police, https://www.interpol.int/Member-countries/ Asia-South-Pacific/Thailand, 3 June 2018. 187 Ibid. 188 Data from the Foreign Affairs Division, the Royal Thai Police, April 2015. 242 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

189 ASEANAPOL, http://www.aseanapol.org/about-aseanapol/chronology, 22 April 2018. 190 Foreign Affair Division, Royal Thai Police, Table of Agreements between Thai and International Police, http://fad.go.th/th/articles/108183, 9 June 2018. 191 The World Bank Open Data, 2017, https://data.worldbank.org/indicator/ AG.SRF.TOTL.K2, 27 July 2018. 192 The World Bank Open Data, 2017, https://data.worldbank.org/indicator/ SP.POP.TOTL, 27 July 2018. 193 Thira Nutpiam, “Socialist Republic of Vietnam,” ASEAN Country History Encyclopedia, Royal Society of Thailand Edition, p. 326. 194 The World Bank, World Bank Open Data https://data.worldbank.org/ indicator/NY.GDP.MKTP.CD?locations=VN, 21 July 2018. 195 Office of the Civil Service Commission, Public Administration of the Socialist Republic of Vietnam (Nonthaburi: Office of the Civil Service Commission), p. 25. 196 Facts and Details, Crime in Vietnam, http://factsanddetails.com/ southeast-asia/Vietnam/sub5_9f/entry-3448.html, 31 July 2018. 197 Vietnam 2018 Crime & Safety Report: Hanoi, https://www.osac.gov/ pages/ContentReportDetails.aspx?cid=24498, 31 July 2018. 198 OSAC, Vietnam 2018 Crime & Safety Report: Hanoi, https://www.osac. gov/pages/ContentReportDetails.aspx?cid=24498, 2 September 2018. 199 OSAC, Vietnam 2018 Crime & Safety Report: Hanoi, https://www.osac. gov/pages/ContentReportDetails.aspx?cid=24498, 2 September 2018. 200 Office of the Civil Service Commission, Public Administration of the Socialist Republic of Vietnam (Nonthaburi: Office of the Civil Service Commission), p. 50-51. 201 Data from a seminar on the 25th Joint ASEAN Police Officers Course (JASPOC) by Indonesian National Police, from 5-9 October 2015 in Jakarta, Indonesia. 202 Interview with the Vietnamese Police on 9 June 2016. 243 Police Administration and Related Laws for Providing Public Safety in 10 ASEAN Countries

203 Ibid. 204 Lieutenant General Pham Quy Ngo, Vice Minister of Public Security, Remarks, 80th INTERPOL General Assembly, 31 October 2011, Hanoi, Vietnam https://www.interpol.int/News-and-media/Events/2011/80th-INTERPOL-General- Assembly/80th-INTERPOL-General-Assembly, 10 August 2018. 205 Faculty of Law, Chiang Mai University, Final Report on Vietnam Laws and Matters of Law on Trade and Investment of Vietnam, proposed to the Office of the Council of State, 2016, p. 36. 206 Ms. Helen McKernan and Inspector Dean McWhirter, Policing communities in Vietnam: Intercultural lessons for community policing with Vietnamese Australians, p. 3-4, https://tasa.org.au/wp-content/uploads/2015/03/ McKernan-Helen.pdf. 207 Megan Helwig, Countries with Low Crime Rates: Comparing Vietnam and Japan, http://www.crimcast.tv/crimcast/2014/03/27/countries-with-low-crime- rates-comparing-vietnam-and-japan, 8 August 2018. 208 Ibid. 209 INTERPOL, Vietnam, https://www.interpol.int/Member-countries/Asia- South-Pacific/Vietnam, 8 August 2018. 210 Lieutenant General Pham Quy Ngo, Vice Minister of Public Security, Remarks, 80th INTERPOL General Assembly, 31 October 2011, Hanoi, Vietnam https://www.interpol.int/News-and-media/Events/2011/80th-INTERPOL-General- Assembly/80th-INTERPOL-General-Assembly, 10 August 2018. 211 Tourism Authority of Thailand (TAT) ATA Review, ASEAN has the greatest seas. http://www.etatjournal.com/web/menu-read-web-etatjournal/menu- 2013/menu-2013-apr-jun/523-22556-sea-asean (20 February 2017). 212 Cooperation within the ASEAN Community Framework, Academic article, the Academic Office, Secretariat of the House of Representatives, http://library2.parliament.go.th/ebook/content-issue/2559/hi2559-056.pdf (20 Febru- ary 2017)

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213 Panarat Preedakorn, ASEAN Cooperation in Addressing Transnational Crimes, ASEAN Information Center, Government Public Relations Department, retrieved from http://thailand.prd.go.th/1700/ewt/aseanthai/ewt_news.php? nid=3631&filename=index. 2142 nd INTERPOL Global Conference on Vehicle Crime, Bangkok Thailand 16-18 February 2016. 215 United States Department of State, Bureau of Diplomatic Security, Crime and Safety Report, https://www.osac.gov/Pages/Home.aspxhttps://www. osac.gov/Pages/ContentReports.aspx?cid=2, 18 August 2018. 216 Faizal Thayeb, Head of Investigation of Special Detachment 88 at POLRI, Counter Terrorism in Indonesia, 25th JASPOC, JAKARTA, 5 October 2015. 217 Muhammad Tito Karnavian, Explaining Islamist : The Case of al-Jamaah al-Islamiyyah and the Radicalisation of the Poso Conflict, 2000-2007 (London: Imperial College Press, 2015). 218 Faizal Thayeb, Head of Investigation of Special Detachment 88 at POLRI, Counter Terrorism in Indonesia. 219 Voice of America, http://learningenglish.voanews.com/a/is-threat-in- south-east-asia/3430287.html. 220 S. Yunanto (Coordinator), Moch Nurhasim and Iskhak Fatonie, Security Sector Reform in Indonesia, a Collective Evaluation: Indonesian Armed Forces and Police Force, (Jakarta: Friedrich-Ebert-Striftung (FES), 2005) 221 Andrew Selth, “Police Reform in Myanmar Changes “in Essence and Appearance”, Debating Democratization in Myanmar, Nick Cheesman, Nicholas Farrelly and Trevor Wilson, eds., (Singapore: Institution of Southeast Asian Studies, 2014) 222 Susan Sim, Making Singapore Safe, (Singapore: National Crime Council, 2011), P. 39 223 http://www.interpol.int/About-INTERPOL/Overview 224 Police Senior Superintendent DESY ANDRIANI, “Overview of ASEANAPOL,” The 25TH Joint ASEAN Senior Police Officers’ Course. 225 Interview with the Indonesian Police at Jakarta Metropolitan Police Region on 3 February 2016. 245