Presentation on theme: "Public Security Model Legislation for the Americas: Basic Elements Department of Public Security Secretariat for Multidimensional Security General Secretariat."— Presentation transcript:
Public Security Model Legislation for the Americas: Basic Elements Department of Public Security Secretariat for Multidimensional Security General Secretariat Insert date here
Background There have been major developments in the security sector in recent years a)New dimensions and forms of violence, crime, and insecurity b)Importance of human rights c)New responses d)New technologies e)Justice reform f)New concept of regional security To address these developments: Inadequate and/or weak laws to react to new security challenges
Background Reform of regulations and practices since 1990… Modify standards Introduce control mechanisms Change employees rights, etc. Overhaul of institutional structures New ways of interpreting old rules New role for citizenship International and regional human rights systems New technologies for collection and use of information Etc. (orders of the day, deontological codes, resolutions by ministries or police chiefs to introduce new criteria for action) Specific normative changes in legislation: Broad normative changes: Procedural changes: Infralegal normative changes
What is a model law? A set of framework laws and recommendations, represented by a series of principles of action and basic institutional structures that strengthen comprehensive, democratic, multi-institutional policies on public security in the region.
Schematically, a framework law.. Contains For Principles for action Basic structures Democratic policies Multi-institutional policies Comprehensive and Inclusive policies
Function and use of international/regional norms Provide a framework to stimulate technical discussion of security policies in the region Recognize minimum standards for action of institutions and security policies in the region Promote and guide improvements in the public security area Serve as a basis for responding to normative challenges in the new problem areas in security Serve as an instrument for training legislators, officials of the security ministries, etc. Facilitate a framework for drafting standards, decisions, and regional cooperation programs Strengthen a framework and common language to move ahead with identification of coincidences and differences in a context of dispersion of criteria and norms
First Meeting of Ministers Responsible for Public Security in the Americas Development of models of legislation and public policies in the area of security to incorporate all branches of government
Examples of regional norms Model Criminal Procedure Code for Ibero-America European Police Ethics Code (recommendation Rec 2001 of the Committee of Ministers of the Council of Europe) Guidelines in conventions, such as those proposed in the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA), draft framework law on firearms, ammunition, and related materials–Parlatino.
Methodology Recommendations regarding institutional structures should result in processes that improve performance. Focus on norms capable of influencing security policies. Collection and analysis of national and local examples of: legislation, regulations, procedures, and routines that could lead to regional principles and recommendations. (Laws, ethics codes, examples of action, good practices, etc.) Collection and analysis of existing models and general principles that have been positive. International and regional codes, OAS framework agreements, etc.
Venues for sharing the proposal Forum of presidents of the legislative branches (FOPREL) of Central America, Caribbean Basin, and Andean Region Meeting of Parliament Members of Mercosur Second Meeting of Ministers Responsible for Public Security in the Americas
Sources for regional guidelines 1 The objective of public security policies Institutional structure of the security system in a democratic state. Basic principles for the design and action of the security system. Governance structure for security institutions. Management structure for security institutions.
Useful areas for regional guidelines II (cont.) RM00050E Professional training and rights of security officials. Control and responsibility systems. Production, use, and access to information. Material resources and technology. International cooperation.