Ukraine

Democratic Security Sector Governance

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A robust and efficient legal framework is the first step towards good governance of the security sector. National legislation should strive to incorporate as many international legal standards as possible and ensure there are tools and mechanisms in place for their fulfilment. This includes fundamental legislation on Human Rights and Fundamental Freedoms, International Humanitarian Law and International Criminal Law. This also includes Anti-Corruption legislation, Oversight, Monitoring and Evaluation mechanisms. The approach to international legal standards must be inclusive and open. There must be a will to adopt and the tools to implement legal best practice. It is important to take into consideration the local context and circumstances while doing that. Laws cannot simply be copied and pasted. There is a need for strategic thinking and planning in order for the legislation to be effective in a particular context. Security sector legislation should incorporate, or be accompanied by, a series of corrective mechanisms which include sanctions and prohibitions as well as a well-functioning judicial system. Moreover, whistle-blower and complaints mechanisms are vital for the detection, resolution, and prevention of abuse. There are also regional and international judicial entities to which states, groups, and individuals can turn to for the protection of their rights and liberties.

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FUNDAMENTAL INTERNATIONAL LEGAL STANDARDS AFFECTING THE SECURITY SECTOR and other useful legal resources and tools:

law-symbol-of-chapiter-of-a-columnHUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

 

gavel by EpicCodersPENAL SYSTEM

 

police-arrestLAW ENFORCEMENT

 

balance freepikJUSTICE

 

peace-dove freepikPEACE AND DEVELOPMENT

 

no-entry-sign freepikCRIME

 

control freepikNATIONAL STATUS

 

voluntary-serviceHUMANITARIAN LAW

 

gender-equality freepikGENDER

freepik stopANTI-CORRUPTION

law-bookOTHER LEGAL INSTRUMENTS

repair-tools freepikTOOLS

Key source:

DCAF, Legislating for the Security Sector.

 

[1] The European Convention on Human Rights

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