May 2019, Bangkok (Thailand). Law enforcement agencies are often perceived as the most corrupt institutions in Southeast-Asia. With the aim to address key drivers of police corruption and encourage a commitment for inclusive police reforms in the region, 60 law enforcement, anti-corruption and oversight institutions practitioners from all ASEAN countries gathered for the very first time on 30 May-2 April 2019 in Bangkok, Thailand. This regional workshop was organized jointly by the United Nations Office on Drugs and Crime (UNODC) and the American Bar Association Rule of Law Initiative (ABA/ROLI).
While there is widespread pessimism about improving law enforcement integrity, based on a common misunderstanding that the only response is to identify and sack corrupt officers and failing to appreciate the value and potential of systemic corporate governance reforms, law enforcement agencies typically lack expertise of the policies, procedures and systems to promote integrity and prevent corruption. All ASEAN countries have ratified the UN Convention Against Corruption (UNCAC), which requires State Parties to introduce a set of measures to promote integrity and prevent corruption within national public administrations, including public services and criminal justice systems.
Here are some insights from the regional workshop on promoting police integrity reforms in the Southeast-Asia:
What are the most harmful corruption risks in the region?
- Facilitating Illegal Trade: Police bribed regularly to protect illegal activity, such as illegal waste dumping, illegal gambling, illicit drug trade, human trafficking, prostitution. Warning of police visits or raids.
- External Influence: Influence by powerful people, or nepotism, to obstruct, or pursue, an investigation or prosecution.
- Organized Police Crime: Network of police directly involved in trading illicit drugs or other contraband.
What are the most common corruption risks in the region?
- Gifts and Benefits: Inappropriate receipt of gifts, discounts, free meals, or hospitality.
- Traffic Enforcement: Bribery to avoid fines or penalties.
- Internal Payoffs: Bribery to gain employment, promotion, or transfer to positions with opportunities for bribery.
Based on these risks identified, participants recommended a range of strategies to prevent, detect and disrupt the most harmful and common forms of corruption, such as encouraging cultural change, using technology, improving employment conditions, using task forces in targeted interventions, encouraging democratic policing, and implementing corruption prevention systems.
Best practices in the region: a shift towards pro-active reforms, partnerships, prevention based on values and public participation
Some of the existing best-practices to promote police integrity in the region include for instance close cooperation and information sharing between police force and anti-corruption agencies, mandatory declaration of assets combined with assets inspections, effective complaints mechanisms, awareness-raising campaigns, integrity awards for police officers or effective corruption prevention strategies for law enforcement authorities.
“Oversight agencies are traditionally reactive; but what we see more recently is really a shift to proactive reform efforts. Similarly, there is a shift from external oversight alone, critical of police, "deterrence-based", to partnerships, focusing on collaboration with police forces, prevention,"values-based”, explained Dr. Louise Porter, Senior Lecturer at Griffith University, Australia, who provided an overview of current trends related to external police oversight.
“We let police officers express themselves why did they join the police, what motivated them to become a police officer. We call it the ‘Officer Memory’: every police officer must have a dream of protecting the public” explained Mr. HUNG, Chief Inspector of Police, Internal Investigations Branch, Hong Kong Police Force
“How do we keep independent and handle political pressure in major conflicts and serious investigations? We have our code of conduct. But, really, the strong roles assumed by civil society organizations is key since KPK’s establishment. The promotion of public participation is an important part of our strategy”, explained Mr. Suprapdiono, KPK Indonesia
In a view to promote inclusive policy reforms, a dedicated session addressed the nexus between corruption and human rights violations:
Assessing the nexus between corruption and human rights violations
Guided by gender experts Ms. Gaelle Demolis, UN Women Asia-Pacific, and Ms. Carolyn Nixon, Australian Commission for Law Enforcement Integrity, participants identified ways to promote gender-specific strategies to prevent corruption in law enforcement agencies, drawing on existing initiatives and findings. A 2017 study on Corruption and the changing opportunities for women in law enforcement identified key measures to promote gender equality in police corruption prevention, such as promoting inclusivity versus diversity, ensuring everyone is valued for their own skills, developing targeted communication and messaging, tailored trainings, attractive environment for women, or having female integrity mentors.
During the workshop, an Integrity checklist with revised indicators for assessing the nexus between corruption in law enforcement and human rights violations was developed by the participants together with experts Mr. Badar Farrukh, UN Office of the High Commissioner for Human Rights, Ms. Gaelle Demolis, UN Women and Ms. Rebecca Miller, UNODC Advisor on human-trafficking and migrant smuggling. The revised checklist can be used by law enforcement agencies in the region to develop inclusive police integrity reforms.
Useful links:
- UN Women presentation on gender-sensitive strategies to promote integrity in law enforcement agencies
- UNODC overview on global trends, corruption impacts and the links between human trafficking and corruption
- OHCHR Presentation on corruption in law enforcement and impacts on human rights
The revised Integrity Checklist with inclusive indicators will be used and piloted to promote integrity reforms in law enforcement agencies.
Since 2018, UNODC directly supported ASEAN countries to promote integrity and prevent corruption within national public administrations, including law enforcement agencies, starting with a national roundtable with the Royal Thai Police in December 2018. The revised Integrity Checklist will be used and piloted with the Royal Thai Police in 2019 with UNODC support to identify targeted mitigation strategies, and could also be applied to other types of law enforcement agencies in the region (customs, judges, prosecutors and lawyers).
Other useful links:
- Presentation from Mr. Francesco Checchi, UNODC Anti-Corruption Adviser on Police integrity and prevention of corruption frameworks
- Code of Conduct for Law Enforcement Officials, UN GA/34/169 of 17 December 1979
- The Integrity and Accountability of the Police, UNODC, 2006
Credits:
Inclut des images créées par Hermes Rivera - Doug Swinson - AF