1. Summary of Issues, Indicators and Benchmarks for Democratic Governance in the Security Sector
.
Item Goals Indicative Targets Indicators or Source or Reference
Benchmarks
1 Rule of Law & Constitutionalism • Presence of a democratically Imposed or ‘People ‘owned’ The Constitution
agreed Constitution. constitution
Additional Legislations:
• Bill of Rights guaranteeing Right to justiciable freedom Armed Forces Act, Police Act,
equality of citizens before the of expression, information, Criminal Justice Systems
law and the liberty of the political association and
individuals; individual and fundamental freedoms, Judicial precedence
collective freedoms and economic, social and
equality of opportunity for all political rights Incorporation of international
instruments into domestic
• Independent Institutions of Ombudsperson, Human law i.e. African Charter of
State Rights Comm., Gender Human and Peoples’ Rights,
Equality Commission; Anti- UDHR, Convention on
Corruption Comm. economic, social and cultural
• Improvement of law rights.
enforcement mechanisms and National judicial reform,
criminal justice system Police reform, Prison Decisions of the National
improvement Human Rights Commission
• Independence of the Judicial
branch Ensure transparency in National Law Reform
process of selection of Commission’s work
judicial officers; improve
• Presence of Court of superior incentives and
jurisdiction to arbitrate in remuneration.
constitutional matters
Independent Constitutional
or Supreme Court
2 Political Representation  Mode of appointment to Is appointment determined Nature of Electoral
legislative and governmental by elections and do the Commission
positions; elections give room for
 The composition of the alternation of political power
political system Does it consist of a
 The competitiveness of the multiparty democracy
political system comprising of two or more
109

2. parties.
 Nature of appointment to the Extent of effective
executive branch. competitiveness in the
 Independent candidature political process;
 The composition of the Role of Legitimacy,
national parliament along competence, national
party lines character
 The composition of local and
regional councils
 The autonomy and
independence of the electoral
system
 Independence & Impartiality
of the electoral authority.
3 Personal security and access to justice • Strengthening Police • Community Policing - National Policy on Safety &
Accountability and Principles Security
Responsiveness; • Demilitarising public - DFID Safety and Security-
• Developing Community order and defining sector reform papers
Awareness security in broader terms - African Charter provisions
• Improve access to and • Legal Aid and scope of
reduce cost of ‘justice’ legal clinics for pro-bono
• Improving Police-Community cases
Relations • Establishment of
• Improving the prosecution Independent Police
service and decentralise Services Commission with
workload adequate powers
• Investigate non-traditional • Examine scope for
forms of justice reform. mediation and arbitration
in the community
4 National security and conflict prevention • Clearly defined and well Defence and Security-sector Defence Act or National
articulated vision and mission Review & White Papers Security Strategy
of security sector
organisations21
• Accountability of - Accountability both to Committees on Defence,
21
This section is derived from the DFID work on the principles of good governance in the security sector.
110

3. organizations, particularly in elected civil authorities and Security, Police Affairs
the security forces to civil society
• Security-sector organizations
operate in accordance with Constitutionally defined role Incorporation of
the international law and of the security structures internationally accepted
domestic constitutional law; standards in domestic
• Information about security- security laws
sector planning and
budgeting are widely Availability of alternative Coverage of security-sector
available, both within sources of verifiable issues in the media and
government and to the public, knowledge information on degree of openness of
and a comprehensive and the security sector military facilities to civilians
disciplined approach to the
management of defence
resources is adopted;
• Civil-military relations are
Extent of dialogue and Availability of human rights
based on a well-articulated
interaction between the education in the military
hierarchy of authority
security sector and civil training curricula
between civil authorities and
society
the defence forces, and on a
relationship with civil society
that is based on the respect
for human rights;
• Civil authorities have the
Clearly defined constitutional Capacity of Parliamentary
capacity to exercise political
powers for the Parliament committees to provide
control over the operations
and Executive Branch – independent verification and
and expenditure of the
powers of the purse, powers understanding of security
security forces and civil
of deployment and powers issues.
society has the capacity to
of scrutiny
monitor the security forces
and provide constructive
input to the political debate;
• An environment exists in
which civil society can be
consulted on a regular basis
on security policies, resource
allocation, and other relevant
issues;
111

4. • Security-force personnel are Extent of the professional
adequately trained to autonomy granted to
discharge their duties in a security forces
professional manner
consistent with the
requirements of democratic
societies;
• Fostering an environment Regional Norms and values ECOWAS Mechanism for
supportive of regional and Conflict Prevention,
sub-regional peace and Peacekeeping, Security;
security has a high priority for NEPAD’s APRM, AU’s Peace
policy-makers and Security Council
5 Open and Accountable Institutions • The nature and composition Independence of Civil Institutions of Accountability;
of the civil service Service
• Transparency and Nature of the Legislative
accountability in government Accountability of Civil Accountability Mechanism,
• Decentralisation of decision Service to elected
making structures and the authorities Independence and
nature of inter-governmental effectiveness of the
relations Quality Control mechanisms accountability structures –
• Media awareness
for civil service at all levels Constitutional Court, Auditor-
• Presence and Effectiveness
General’s Office, Anti-
of independent monitoring
Corruption Commissions and
agencies
Civil Service Commission’s Inspector-General of Armed
effectiveness Forces & Intelligence
Services
6 Broader Understanding of Security • Meeting the 2015 Extent of fulfillment of UNDP Human Development
through Effective and equitable International Development human security and human Report; Country strategy
provision and Millennium Targets development goals in health, papers on poverty reduction
• Country’s social and economic food, environmental security programmes.
rights regime and poverty reduction
7 Facilitative mechanisms for policy • Management of national Extent of inputs into the Office of Budget Monitoring
formulation and management budgetary process budgetary process by all National Planning
• Effective Policies for linking stakeholders, including civil Machineries
security-sector governance society Accountant-General’s Office
and pro-poor poverty Extent of Involvement of a
reduction policies. wide array of stakeholders Extent of consultation in the
112

5. • The nature and development in policy formulation & making of PRS papers
of policy process management.
• Role of civil society Input from independent
• Private/public partnership Effectiveness of Policy research centres and
arrangements. making mechanisms security-sector experts
8 Enhanced International Regime for • Regulatory Frameworks for Level of mutual OECD-DAC principles;
Democratic Governance in the Security behaviour of IFIs and Bilateral accountability
Sector institutions consistently DFID principles
applied Extent of context
• Availability of regional determined inputs. AU Principles, SADC &
frameworks to which member ECOWAS Protocol
states’ subscribe Level of corporate
• Regulatory Frameworks for responsibility among trans- UN Global Compact
non-state actors – TNCs etc
national entities
113

6. 114

7. This handbook begins from the premise that democratic governance is central to the ability of people and states to be secure
from the fear of violence at the local, national, regional and international levels. There are many ways of implementing
democratic principles. However, all democratic systems share a number of common features.
Box . Functions of the South African Auditor-General
“188. (1) The Auditor-General must audit and report on the accounts, financial statements and financial
management of
a. all national and provincial state departments and administrations;
b. all municipalities; and
c. any other institution or accounting entity required by national or provincial legislation to be
audited by the Auditor-General.
(2) In addition to the duties prescribed in subsection (1), and subject to any legislation, the Auditor-
General may audit and report on the accounts, financial statements and financial management of
a. any institution funded from the National Revenue Fund or a Provincial Revenue Fund or by a
municipality; or
b. any institution that is authorised in terms of any law to receive money for a public purpose.
(3) The Auditor-General must submit audit reports to any legislature that has a direct interest in the
audit, and to any other authority prescribed by national legislation. All reports must be made public.
(4) The Auditor-General has the additional powers and functions prescribed by national legislation.
Tenure
189. The Auditor-General must be appointed for a fixed, non-renewable term of between five and ten
years.”
Source: Constitution of the Republic of South Africa, 1996, As adopted on 8 May 1996 and amended
on 11 October 1996 by the Constitutional Assembly, Act 108 of 1996,
http://www.gov.za/constitution/1996/96cons9.htm#188.
115

8. Box 5. Constitutional Underpinnings of the Uganda Peoples’ Defence and Police Forces
“208(2) The Uganda Peoples’ Defence Forces shall be non-partisan, national in character, patriotic,
professional, disciplined, productive and subordinate to the civilian authority established under this
Constitution….
“209. The functions of the Uganda Peoples’ Defence Forces are:
(a) to preserve and defend the sovereignty and territorial integrity of Uganda;
(b) to co-operate with the civilian authority in emergency situations and in cases of natural
disaster;
(c) to foster harmony between the Defence Forces and civilians; and
(d) to engage in productive activities for the development of Uganda…..
“211(3) The Uganda Police Force shall be nationalistic, patriotic, professional, disciplined,
competent and productive; and its members shall be citizens of Uganda of good character.
“212. The functions of the Uganda Police Force shall include the following:
(a) to protect life and property;
(b) to preserve law and order;
(c) to prevent and detect crime; and
(d) to co-operate with the civil authority and other security organs established under this Constitution
and with the population general.”
Source: The Constitution of the Republic of Uganda, Chapter 12 “Defence & National Security,”,
www.parliament.go.ug/chapt12.htm
116