Preparing Police Services in Democratic Regimes to Support the Electoral Process: A Survey of Useful Practices

Transcription

1 Preparing Police Services in Democratic Regimes to Support the Electoral Process: A Survey of Useful Practices Andrew Graham School of Policy Studies Queens University Queen's University School of Policy Studies 1

2 Background and Methodology Self experience in criminal justice, government experience, current academic roles: Queens University in public administration, management and finance, Canadian Police College: police oversight, police role in policy development, community relations and strategic planning Research in Canada, examination of laws and interviews, internationally examine reports and practices in a number of countries that had developed approaches unique to the militia role in the electoral process Queen's University School of Policy Studies 2

3 Effective Police Support to Elections Hinges on Three Elements Effective planning and communication with all stakeholders Popular Accountability Legal Accountability Transparency Knowing the law and internal policies Publicizing policies and practicing them subject to civil oversight Queen's University School of Policy Studies 3

4 Methodology and Objective Objective: Examine ways to ensure police have adequate training to perform their established roles in the electoral process Take a multi-level approach: not just the top echelon Establish the most effective training methodologies Queen's University School of Policy Studies 4

5 Canadian Context Issues with elections in Canada are more associated with a general downward trend in voter participation which would appear to reflect and growing weakness in confidence in the electoral system. This contrasts with other countries such as Ukraine where participation is high. The police have no specially designated role in elections except in cases where criminal acts are being committed, the electoral law (most specifically associated with the rules around finances) is being broken or matters are specifically referred to the police as possible criminal matters by the electoral commission. Electoral commissions are fully responsible for the security of sights and for the safeguarding of ballots. Queen's University School of Policy Studies 5

6 Canadian Context Therefore, there is no specific election training for police officers. Their understanding of their role is based on their general training about their responsibilities under a system of democratic accountability and their responsibilities to protect civil and political rights. Queen's University School of Policy Studies 6

7 Canadian Context Chief Electoral Officer has full responsibility for security matters, except where criminal charges may arise Police are very concerned that they appear to favour no political party: This situation can arise when they feel required to undertake a criminal investigation of candidates or parties during an election. This happened in this election as the result of a complaint from another party. If there are allegations of corruption they have to investigate them in the normal manner There is always a concern about planning for police responses to major political demonstrations, but this is not directly associated with elections Queen's University School of Policy Studies 7

8 International Context There is a different set of challenges for developing democracies In developing democracies the police have a special role in protecting the integrity of the process of free and democratic elections. In most they are assigned administrative roles in elections They often have to deal with issues of intimidation and polling station issues such as campaigning or potential violence Queen's University School of Policy Studies 8

9 International Context Because of their role in defending the integrity of the process, they have to be alert to the dangers of being politicized to avoid accusations of voter intimidation or favouring one party or candidate By demonstrating their commitment to the integrity of the process the police can build public confidence in their larger role as guardians of the rule of law. It is essential to prepare all levels of police to ensure that there are no inappropriate behaviours A learned lesson from everywhere is the importance of providing guidance to front-line police Queen's University School of Policy Studies 9

10 Requirements for an Effective Police Role in the Electoral Process They need to be part of the planning process at the local level They need to engage political groups to determine issues around political campaigning and demonstrations that would impinge upon public safety laws They need to prepare police staff at all levels with information about the electoral law, their role, and the role of the civil authority. They need specific direction on the application of criminal and public order laws in the circumstances of an election. Queen's University School of Policy Studies 10

11 Key Values for Effective Policing in Electoral Processes Political neutrality Consistency in application of all laws associated with the conduct of the election, access to public places and treatment of those causing a disturbance Transparency in action that informs all parties of intended courses of action, in ho they respond to requests and in how they communicate with all parties Co-operation with authorities established to oversee the electoral process Foresight in planning for the event in a co-operative manner and ensuring that all police personnel understand their role and have the information to carry it out. Police are not an administrative resource of the state Queen's University School of Policy Studies 11

12 Some fundamental Do s and Don ts What Police Cannot Do in the electoral process: Intervene in the work of an independent commission for elections Intervene in the control of the voting process on site Manipulate public demonstration rules in favour of one party Change rules in mid-process What Police Must do in the electoral process: Function with neutrality towards contending parties Act promptly to investigate complaints Queen's University School of Policy Studies 12

13 Multi-phased Approach to Police Planning and Training Post-election Pre-election election Election Queen's University School of Policy Studies 13

14 Learning Practice from Other Countries Planning process vital Need for specific training for all police personnel from the highest levels to the front-line Need for specialized educational material Keep it simple Active leadership from police hierarchy Consultations with the electoral commission and any other local authorities who may be involved Queen's University School of Policy Studies 14

15 Scope of Training Material Generally Offered The nature of electoral legislation and an overview of the electoral process The role of the police in supporting the democratic process Civil and political rights issues in relation to the police s role in the election Security objectives and strategy in relation to the election Queen's University School of Policy Studies 15

16 Scope of Training Material Generally Offered The standards of professional, neutral and nonintimidating conduct to be upheld by police forces during the election Contact mechanisms and liaison details (on an asneeds basis) between the electoral commission and police forces Details of specific offenses against electoral laws Details of other laws such as public gathering that will have an impact on police planning Queen's University School of Policy Studies 16

17 Some Questions that Generally Have Required Guidance Under what circumstances should a police officer enter a polling station if not posted there? Should a police officer participate in the inspection of a polling station? If invited by the electoral official? If not? What presence should a police officer have near the entrance to a polling station? Do the normal traffic rules apply in the area of the polling station or should there be greater leniency to permit easy voting? Should a police officer remove political posters from near or in the polling station? If not, who should? Queen's University School of Policy Studies 17

18 Some Questions that Generally Have Required Guidance Should a police officer tell a citizen how to vote? What should a police officer do if he or she sees a representative of a party interfering with a citizen voting? What does an election official do when he or she sees a police officer acting in an inappropriate manner? Can a police officer be present when ballots are being counted? Under what circumstances? With whose permission? Can a superior officer order a police officer to oversee the counting of ballots? What is the nature of the escorting responsibility of police in the delivery of ballots to central counting stations or depositories? Should police vehicles be used for such a purpose? Queen's University School of Policy Studies 18

19 Basic Information Needed by Front-line staff Outline of police duties during the electoral process Outline of the command structure for the election within the police force Rules with respect to police conduct Contact information for both the police service and the electoral commission to seek guidance and clarification Description of the local electoral commission offices and location of polling stations Queen's University School of Policy Studies 19

20 Dissemination Strategies Strategic Level: national and regional Tactical Level: local Written Words are not enough Queen's University School of Policy Studies 20

21 Case Studies Some practices from other transitional democracies NGO and governmental support in developing material Extensive use of direct training Benefits of classroom or face-to-face briefings Training material geared to level Use of mobile teams Creative use of media (radio) to explain the police role in elections to population Queen's University School of Policy Studies 21

22 Concluding comments Preparing police services for the electoral process calls for active management Front-line police must have guidance Training must be designed so that it anticipates the problems that may be faced by front-line personnel dealing with citizens Training material must be clear, simple and to the point Queen's University School of Policy Studies 22

23 Concluding comments Various levels within the organization will have different training needs. Excessive documentation will not be read The need for classroom interaction is great it permits front-line staff to deal with specific and practical questions that may arise Staff have to know where to turn for greater clarification of policy Staff have to have tactical information about how to deal with ambiguous and confusing situations that may arise on election day communications protocols Police services need to consider how to inform the public of their polices and guidance to front-line staff. Queen's University School of Policy Studies 23