Loading

Promoting inclusive police integrity reforms in Southeast-Asia

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).

In 2019 across Southeast-Asia, UNODC has found that corruption continues to facilitate and perpetuate transnational organized crimes across borders, including the smuggling of drugs and chemicals, people, wildlife, natural resources, as well as weapons and insurgents. These lucrative activities are often handled by organized crime groups that do not hesitate to resort to bribery, intimidation and violence to facilitate their illegal transactions. This includes for instance “protection” by law enforcement officers for individuals and criminal organizations that produce and traffic large quantities of drugs, or bribes for speedier trials and shorter sentences. Across the region, corruption, lack of transparency and accountability in police forces as well as limited engagement of civil society in oversight mechanisms not only undermine security, democracy and the rule of law, but also exacerbate inequality and contribute to widespread violations of human rights.

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.
Results: Participants' perceptions of police corruption -most harmful risks-.

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.
Results: Participants' perceptions of police corruption -most common risks-.

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

(UNCAC Status of ratification as of 2019; in red: countries that have not ratified the UNCAC)

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

Only 1 out of 3 participants think having more women police officers can prevent corruption. Gender norms in law enforcement remain strong and substantial efforts are required to counter gender stereotypes when promoting police integrity.

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.

“There is still insufficient data on the nexus between gender and corruption in the Philippines, but it’s been only a few years since women were accepted in law enforcement. In 2019, the Philippine National Police admitted 284 recruits for training in the elite Special Action Force, among which 60% are women, which is the biggest batch to date of women recruits. In the Philippines National Police Academy in 2019, 23% are women recruits. We examine the gender impact of corruption in 3 categories: access to decision-making, protection, advancement of rights and access to resources” explained Ms. Leilanie Cabras, Assistant Ombudsman of the Philippines.
“In Malaysia, we also have a network of women police officers that is very effective. We have three women with the rank of Deputy Commissioner of Police; one of them is heading this Committee for women police officers, supporting us in our tasks. We individually collect data on the problems we face as women police officers and we report these to our Committee”, highlighted Supt. Liong Sau Lai, Royal Malaysia Police.

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:

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:

Credits:

Inclut des images créées par Hermes Rivera - Doug Swinson - AF