Title: Democratizing the Police Abroad: What to Do and How to Do It
Series: Issues in International Crime
Author: David H. Bayley
Published: National Institute of Justice, June 2001
Subject: International Issues: transnational crime,
transnational/international organized crime, international law
108 pages
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U.S. Department of Justice
Office of Justice Programs
National Institute of Justice

Democratizing the Police Abroad: What to Do and How to Do It

David H. Bayley

Issues in International Crime

---------------------------

U.S. Department of Justice
Office of Justice Programs
810 Seventh Street N.W.
Washington, DC 20531

John Ashcroft
Attorney General

Office of Justice Programs
World Wide Web Site
http://www.ojp.usdoj.gov

National Institute of Justice
World Wide Web Site
http://www.ojp.usdoj.gov

---------------------------

Democratizing the Police Abroad: What to Do and How to Do It

David H. Bayley

June 2001
NCJ 188742

Issues in International Crime

---------------------------

National Institute of Justice

James O. Finckenauer
Program Monitor

David H. Bayley is a distinguished professor in the School of Criminal
Justice at the State University of New York at Albany.

Prepared for the National Institute of Justice, U.S. Department of Justice,
under grant number 1999-IJ-CX-0055. Points of view or opinions stated in
this document are those of the author and do not necessarily represent the
official position or policies of the U.S. Department of Justice.

The National Institute of Justice is a component of the Office of Justice
Programs, which also includes the Bureau of Justice Assistance, the
Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency
Prevention, and the Office for Victims of Crime.

---------------------------

Contents

Executive Summary

Chapter 1. Introduction

Chapter 2. The Norms of Democratic Policing

Chapter 3. Generic Lessons for Changing Police Organizations

Chapter 4. Lessons for Police Reform Abroad

Chapter 5. Special Lessons for Police Reform in Peacekeeping

Chapter 6. Lessons for American Management of Police Reform Abroad

Chapter 7. Conclusion

Bibliography

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Executive Summary

This report sets forth the lessons that observers and participants have
learned about the process of changing police organizations so as to support
democracy. It is based on the study of three bodies of literature: studies of
efforts to change police practices in the developed democracies, especially
in the United States; accounts of the experience with foreign assistance to
police abroad under both bilateral and multilateral auspices; and accounts
of the actions of nongovernmental human rights organizations to rectify
police abuses. More than 500 books, articles, reports, and documents were
reviewed in this study. The bibliography attached to this report probably
encompasses the largest number of materials on efforts to change police
organizations ever collected.

Observations about the process of democratic police reform were deemed
to be "lessons" if they were generally agreed on, were based on real-world
experience, and pertained to the goal of democratic development. The
reforms considered most important in developing a police force that
supports democracy are creation of a responsive public-service orientation,
adherence to the rule of law, protection of human rights, and transparency
with respect to the activities of the agency and the people within it. The
lessons are discussed in chapters 3 to 6, which are organized as follows: 

 o Generic reform in any police organization.

 o Police reform abroad.

 o Police reform in peacekeeping.

 o Managing police reform abroad. 

In each chapter the lessons are listed, along with corollaries implied by the
lessons. Altogether there are 87 lessons and corollaries. Because the report
is itself a roster of lessons, they are not summarized here. The report
concludes with a discussion of the prospects for furthering the cause of
democracy through police assistance and reform.

---------------------------

Chapter 1

Introduction

The purpose of this report is to create a roster of what is known about how
to reform police forces abroad so as to support the development of
democracy. It is intended as a guide for people who are responsible for
developing and implementing programs of democratic police reform. It
distills the knowledge of other professionals in the field--people who, like
themselves, arrive in a foreign county on a cold, foggy morning among
people whose language they may not speak with instructions to create a
democratic police force.

Determining when observations about the process of democratic reform
become "lessons" is a matter of judgment in two ways: One must decide
whether they are generally accepted by people in the field and whether
they are based on substantive experience rather than speculation. I have
tried to be conservative in my judgments about what is known about
democratic reform, in particular by not putting forth my own ideas about
smart reform unless they are shared by others. Readers should recognize,
then, that the lessons presented here may be neither exhaustive nor beyond
challenge. They are, I hope, a reasonable first cut at summarizing what is
known about the process of police reform in aid of democracy. 

It is also important to underscore that the lessons do not deal with reforms
that are unrelated to the qualitative goal of making police more
democratic. Developing the capacity of the police to reduce crime, control
illegal drugs, or maintain public order are all worthwhile objectives, but
they are not the focus of this report. As we shall see, however, they are not
unrelated to democratic reform.

The need to provide practical advice to American reformers arises because
assistance to foreign police has increased dramatically since the end of the
Cold War. The United States had been badly burned by involvement with
foreign police forces during the Cold War, so much so that section 660 of
the Foreign Assistance Act of 1961 was amended in 1974 to prohibit U.S.
agencies, including the military, from training or assisting foreign police.
Exceptions were made for the Federal Bureau of Investigation (FBI) and
Drug Enforcement Agency (DEA), when training and assistance was
related to their law enforcement missions.[1] As a result of the amending
of section 660, the Office of Public Safety of the U.S. Agency for
International Development (AID), which had been responsible for training
police overseas, was abolished. In the 1990s, however, reform of foreign
police forces was widely recognized as necessary to support the expansion
of democracy and to ensure a safe environment abroad for market
economies. Accordingly, the United States progressively exempted more
and more countries from the section 660 prohibition and expanded aid to
criminal justice agencies abroad under the rubric of rule of law. It also
amended section 660 in 1996 to permit assistance to civilian police forces
in countries emerging from armed conflict. The United States also joined
with other countries and the United Nations (U.N.) in reforming and
rebuilding foreign police forces in countries viewed as "transitional
democracies" (Poland, El Salvador) or "failed states" (Bosnia, Haiti).

From 1994 to 1998, the United States spent almost $1 billion on
rule-of-law programs in 184 countries.[2] Half the assistance went to 15
countries, most of them in Latin America. Thirty-five U.S. Government
agencies were involved, the largest being AID, which spent 48.2 percent
of the total. In 1986, the U.S. Government created a new organization to
provide specialized training to foreign police--the International Criminal
Investigative Training and Assistance Program (ICITAP). ICITAP is a
jerry-built agency--organizationally located in the U.S. Department of
Justice (DOJ), funded by AID, and supervised by the U.S. Department of
State--whose program has expanded beyond a small number of Caribbean
and Central American countries to 63 countries worldwide, with an annual
budget of about $50 million.[3] The United States is also sending police
abroad to assist in training and monitoring foreign security operations, as
in Haiti, Bosnia, Kosovo, and, most recently, East Timor. In 1996, an
average of 154 police officers were deployed overseas each month. By
1997, the number had grown to 275; by the end of 1999, it had grown to
more than 600. In fiscal year 2000, the U.S. Government spent $75 million
on international police deployments, with $20 million more for direct
support of the affected criminal justice systems.[4]

There has been a parallel growth in the number and nature of multinational
interventions in policing as well, again reflecting the transformation of the
international balance of power. Before the late 1980s, U.N. peacekeeping
efforts focused almost entirely on interstate conflicts, such as those
between Israel and Egypt or between Greece and Turkey. In 1988, for
example, four of the U.N.'s five peacekeeping operations involved conflict
between states. Since 1992, however, 9 of its 11 peacekeeping operations
have been intrastate "complex humanitarian emergencies," as in Angola,
Bosnia, Cambodia, and Somalia.[5] By February 2000, the U.N. had
deployed 9,000 civilian police (CIVPOL) around the world.[6] The
mission of these police is no longer exclusively monitoring and training.
In Kosovo and East Timor, they are now authorized to carry arms and
enforce the law. 

The recruitment and training of CIVPOL personnel has become a
worldwide undertaking, with 34 nations currently participating in U.N.
missions. By the summer of 1999, the International Association of
Peacekeeping Training Centers had members from 77 countries. The
U.N.'s Institute for Training and Research gives a correspondence course
for U.S. college credit called "U.N. Civilian Police: Restoring Order
Following Hostilities" as part of its 11-course syllabus. Students from 93
countries are enrolled in this program.[7]

Recognizing that the genie of direct police assistance, especially in support
of peacekeeping, was out of the bottle and would likely remain so,
President Bill Clinton issued Presidential Decision Directive 71 (PDD-71)
on February 24, 2000, to provide structure and focus to American
participation. Specifically, he directed the Department of State to "take the
lead" in forming interagency working groups to improve American
capacity to deploy civilian police; improve American ability to train
foreign police forces, emphasizing especially the protection of human
rights; and "build partnerships with Justice and USAID so that the USG
can establish judicial and penal systems during peace operations."[8]
PDD-71 specifically mentioned the need to coordinate the work of
ICITAP, DOJ's Office of Prosecutorial Defense Assistance and Training
(OPDAT), and AID's Center for Democracy and Governance and Office of
Transition Initiatives. 

In sum, during the 1990s, the U.S. Government gradually learned a major
policy lesson: that security is important to the development of democracy
and police are important to the character of that security. Assisting in the
democratic reform of foreign police systems has become a front-burner
issue in American foreign policy.

But there was a second precipitator of American involvement in policing
abroad during the 1990s. The government became increasingly concerned
about the rise in transnational crime, especially crime organized by
international criminal groups. The main threats were trade in illegal drugs,
terrorism, money laundering, and illegal immigration.[9] In order to
counter these external criminal threats, the U.S. Government expanded its
efforts to enhance law enforcement capacity in foreign countries, creating
an International Law Enforcement Academy (ILEA) in Budapest, run by
the FBI, and another in Bangkok, run by the DEA. It also increased
funding for the specialized training of foreign police personnel both in the
United States and abroad. 

Because the United States is now deeply involved in police training and
assistance abroad with two explicit agendas--support for democracy and
protection against international criminal activity--it is critically important
to reflect on the tactics that have proven successful in creating and
reforming police agencies. Unfortunately, "getting smart" is not easy. By
and large, Americans sent abroad to help democratic police learn on the
job.[10] They have nothing remotely resembling a manual about what
works in reforming police organizations in aid of democracy. Although
there are long lists of obstacles to police reform abroad, such as
corruption, alienated publics, and enduring habits of repression, there is
little shared knowledge about what to do about these problems.[11] 

In order to remedy, or begin to remedy, this situation, the National
Institute of Justice gave me a grant to canvass systematically three bodies
of literature about the process of reforming the police:

 o Literature on police reform in developed English-speaking countries
over the past 30 years.

 o Accounts of the experience with foreign police assistance by agencies of
the U.S. Government as well as the U.N.

 o Accounts of the attempts by nongovernmental human rights
organizations to moderate arbitrary and abusive police behavior abroad.

A team of graduate research assistants and I compiled a bibliography of
more than 500 books, articles, reports, and documents dealing with the
process of changing police behavior and policy, which we then culled for
insights about managing "democratic" reform.[12] The bibliography is
found at the end of this report. During the research, it became very clear
that people working in each of the three domains--indigenous reform,
foreign-assistance reform, and human rights protection--were largely
unaware of the activities of the others. People engaged in reform abroad
knew little about experience at home; people involved in organizational
change at home knew little about the adaptations required to succeed
abroad; and human rights activists knew a great deal about exposing police
abuses but little about how to stop them. 

The lessons in reforming police organizations are presented in four groups:

(1) Generic lessons for changing any police organization (chapter 3).

(2) Lessons for police reform abroad (chapter 4).

(3) Special lessons for police reform in peacekeeping (chapter 5).

(4) Lessons for American management of police reform abroad (chapter
6).

Generic lessons refer to what is known about changing any police
organization regardless of the context. Lessons abroad pertain to reform
efforts designed to change the character of an existing police force.
Lessons for policing in peacekeeping apply to situations where the goal is
to rebuild and reconstitute a police force that has ceased to exist. Lessons
for management draw out the implications of what has been learned in the
varied contexts for organizing, planning, and implementing foreign police
assistance by the U.S. Government. The lessons are cumulative in the
sense that each chapter's lessons apply in succeeding chapters. Within each
chapter, lessons are presented in order of increasing specificity.

Because the purpose of this report is to summarize all that is known about
democratic police reform, the lessons are presented very concisely;
explanations are added only if required to facilitate understanding what is
meant. Each of these lessons could be discussed at great length, for behind
each lies a substantial body of literature reflecting extensive experience
with police reform. 

I have also been selective in citing references. Long lists of references
would have been distracting to the reader and take up a great deal of space.
More importantly, I did not want to create the impression that this roster of
lessons represents a scientifically documented consensus in the field. The
responsibility for designating the points on this list as "lessons" belongs
entirely to me. Other people could read the same works and find different
lessons or challenge those I have found. Some lessons are well
documented; others, only slightly. The citations given should therefore be
considered illustrative, not exhaustive. They are designed to help the
reader explore the topic more fully, rather than as evidence that the
"lesson" is unimpeachable.

Assuming that the list of lessons presented in this report represents a fair
distillation of what has been learned, it bears out my expectation that there
is a great deal of knowledge that can and should be used in framing an
American foreign policy of democratic police reform. The report
enumerates a total of 91 lessons, including corollaries. For purposes of this
report, a corollary is a lesson implied by a more general point. There are
26 lessons about generic police reform, 27 about reform assistance abroad
outside of peacekeeping, 20 about reform in peacekeeping, and 18 about
the management of a foreign policy of police reform. In sum, there is more
learning available to be used in making and implementing American
efforts to democratize foreign police forces than people working either at
home or abroad know about.

---------------------------

Notes

1. The President was authorized to allow assistance if it was "important to
the national security interests of the United States" (section 614) and was
given $50 million to be used for classified reasons, presumably for
intelligence activities that involved police.

2. General Accounting Office, Foreign Assistance: Rule of Law Funding
Worldwide for Fiscal Years 1993-98, June 1999, Washington, DC:
GAO/NSIAD-99-158. This figure seems too high, considering that there
were only 184 country members of the U.N. during those years. As of
August 2000, there are 188 members with the recent admission of Kiribati,
Nauru, and Tonga. I shouldn't think that the U.S. had rule-of-law programs
in places like Cuba, Iran, Iraq, and North Korea. 

3. ICITAP interview, May 2000.

4. U.S. Department of State, White Paper: The Clinton Administration's
Policy on Strengthening Criminal Justice Agencies in Support of Peace
Operations, February 24, 2000.

5. Mayall, J., ed., The New Interventionism: 1991-1994, Cambridge:
Cambridge University Press, 1996.

6. Miyet, B. (Manager, U.N. Department of Peacekeeping), "Opening
Statement to the Special Committee on Peacekeeping Operations," New
York: United Nations, February 11, 2000.

7. United Nations Institute for Training and Research (UNITAR),
"Self-Paced Correspondence Courses on Peacekeeping and Humanitarian
Operations from UNITAR POCI," New York: Dag Hammarskjold Centre,
n.d.

8. U.S. Department of State, "Presidential Decision Directive 71,
Strengthening Criminal Justice Systems in Support of Peace Operations
and Other Complex Contingencies Sub-Interagency Working Groups,"
February 24, 2000.

9. Carothers, T., Aiding Democracy Abroad: The Learning Curve,
Washington, DC: Carnegie Endowment for International Peace, 1999;
McFarlane J., "Transnational Crime as a Security Issue," paper for the
third meeting of the Working Group on Transnational Crime, Manila,
Philippines, May 1998.

10. Barkan, J.D., "Can Established Democracies Nurture Democracy
Abroad? Lessons from Africa," in Democracy's Victory and Crisis, ed. A.
Hadenius, Cambridge: Cambridge University Press, 1997: 371-403.

11. Carothers, T., Aiding Democracy Abroad: The Learning Curve, (see
note 9).

12. I am deeply grateful to Johnna Christian and Eamonn Cunningham,
doctoral students at the School of Criminal Justice, State University of
New York at Albany, for their painstaking assistance in collecting material
for this research and for helping to cull from it the lessons reported here.

---------------------------

Chapter 2

The Norms of Democratic Policing

To undertake democratic reform through the police, it is essential to
understand what police can do that might accomplish that end. What does
a "democratic" police force look like? This chapter will answer that
question by presenting four normative prescriptions for what the police
can do to support democratic development.[1] These prescriptions do not
define democracy. Rather, they are means to that end. 

It should not be presumed that enacting these reforms will lead inevitably
to political democracy. Police actions, however "democratic," are not
determinative of democratic growth. Indeed, the causal connection runs
strongly in the other direction: Democratic government is more important
for police reform than police reform is for democratic government. Police
reform is a necessary, but not a sufficient, condition for democratic
government. The police tail cannot wag the government dog. 

Although the police cannot bring about political democracy through their
own unaided efforts, they can contribute to democratic political
development most directly by acting in accord with the following four
norms. This is where the United States should begin in developing
democratic police forces abroad.

1. Police must give top operational priority to servicing the needs of
individual citizens and private groups.

Police are the most public manifestation of governmental authority. When
they use that authority primarily to serve the interests of government, they
belie the democratic promise of government for the people. The most
dramatic contribution police can make to democracy is to become
responsive to the needs of individual citizens. This is what the various
emergency telephone systems, such as 911, have achieved in the
developed democracies. Research shows that in Australia, Britain, Canada,
Japan, and the United States, most of the work done by the police is
instigated by individual members of the public rather than by orders issued
by government. In the United States, any citizen with access to a telephone
can summon a uniformed representative of the state who is imbued with
the authority of law and equipped with instruments of force to attend to his
or her particular need. Although chiefs of police in the United States
complain about the burden of reacting to calls for service, especially those
that do not involve serious criminal matters, the 911 system should be
viewed as a major contribution to civilized government. It represents a
transformation in the orientation of police that is still very rare among the
world's police forces and that has occurred comparatively recently in the
developed democracies. 

A police force whose primary business is serving the disaggregate public
supports democracy in two ways. First, it becomes accountable to the most
diverse set of interests possible. Second, it enhances the legitimacy of
government by demonstrating daily and practically that the authority of
the state will be used in the interests of the people. In most countries
today, this sort of responsive, service-oriented policing would be a
radical--indeed, revolutionary--departure from traditional behavior.
Creating such a force would do more for the legitimacy of government
than any other social program, and its effects would be immediate.[2]

2. Police must be accountable to the law rather than to the government.

In a democracy, the actions of government are constrained by law, that is,
by decisions made and publicized after due representative deliberation.
Police actions in a democracy must therefore be governed by the rule of
law rather than by directions given arbitrarily by particular regimes and
their members. Democratic police do not make law; they apply it, and
even then their judgments need to be validated by courts. 

3. Police must protect human rights, especially those that are required for
the sort of unfettered political activity that is the hallmark of democracy.

Democracy requires not only that the police, part of the executive arm of
the state, be constrained by law but also that they make a special effort to
safeguard activities that are essential to the exercise of democracy. These
activities are freedom of speech, association, and movement; freedom
from arbitrary arrest, detention, and exile; and impartiality in the
administration of law.[3] In other words, democracy requires not only the
rule of law but law with a particular content. The problem is that the police
are not responsible for the content of law; government is. Paradoxically,
then, the obligations on the police to be accountable to the rule of law and
to protect human rights may conflict, as, for example, when if the law
requires them to act in an arbitrary and repressive way. On their own, the
best that the police can do with respect to human rights is to "push the
envelope" of normative behavior, to be better than government requires, so
as to show what democracy means in practice and to encourage the public
to press for it.

4. Police should be transparent in their activities.

Police activity must be open to observation and regularly reported to
outsiders. This requirement applies to information about the behavior of
individual officers as well as to the operations of the institution as a whole,
especially whether the police are achieving the results expected in a
cost-efficient manner. 

Police forces cannot achieve democracy on their own, but if they act
according to these four norms, the chances that democracy will grow will
substantially increase. These are the levers for bringing about democracy
through police reform. 

---------------------------

Notes

1. Marenin, O., "The Goal of Democracy in International Police
Assistance Programs, Policing 21 (1) (1998): 159-77; United Nations High
Commissioner for Human Rights, Centre for Human Rights, International
Human Rights Standards for Law Enforcement: A Pocket Book on Human
Rights for the Police, New York: United Nations, 1996; United Nations
International Police Task Force (Bosnia-Herzegovina), Commissioner's
Guidance, Sarajevo: United Nations International Police Task Force
(Bosnia-Herzegovina), 1996.

2. Bayley, D.H., "Who are We Kidding? or Developing Democracy
Through Police Reform," in Policing in Emerging Democracies:
Workshop Papers and Highlights, Research Report, Washington, DC: U.S.
Department of Justice, National Institute of Justice, 1997, NCJ 167024:
59-64; Goldsmith, A., "Democratization and Criminal Justice: Human
Rights and Police Reform in Colombia," unpublished draft, March 1995.

3. Annan, K., "Stop Blaming Colonialism, U.N. Chief Tells Africa," New
York Times, April 17, 1998: A3; Bayley, D.H., Public Liberties in the
New States, Chicago: Rand McNally, 1963.

---------------------------

Chapter 3

Generic Lessons for Changing Police Organizations

The publication in 1967 of the report of the President's Commission on
Law Enforcement and the Administration of Justice ushered in what has
sometimes been called the "scientific age" of American policing. Since
then, the effectiveness of the standard strategies of policing and the tactical
behavior of police officers have been carefully evaluated.[1] The findings
of this research and the development of a more ambitious, intellectual, and
open-minded cadre of senior police executives have led to intense efforts
to change the policies and practices of American policing. Undoubtedly
the best known example of this has been the development of
community-oriented policing. Similar reappraisals have taken place in
Australia, Britain, Canada, the Netherlands, and a handful of other
established democracies. As a result, there is now a wealth of experience
with respect to the management of change in police forces. Unfortunately,
the lessons from it have never been carefully collected and enumerated.[2]
Police executives rarely write about their managerial techniques, and
drawing lessons out of them face to face is like pulling teeth. They are
much better talking about their goals and accomplishments than their
managerial strategies. For this reason, most of the insights into the planned
change of policing come from academic observers and are scattered
through many studies. 

Following are what I believe to be the 17 core lessons that have been
learned about changing the standard operating practices of police forces in
developed democratic countries.

1. Any reform program must be based on a clearly articulated
understanding of the connections between the objectives to be achieved
and the actions proposed.

Too often, reform programs are justified exclusively in terms of the
desirability of their goals rather than their feasibility. Programs and money
are thrown at problems without any specification as to how they will
produce the desired result. To be successful, however, reform programs
must be constructed on the basis of strong theories supported by
real-world experience, and describe how they will achieve their intended
goals. Such explanations need not be abstruse academic theories; they
could be simply stories that plausibly link reform inputs to desired
changes.[3] But they must connect proposed changes with the particular
objectives of reform. Policing is complex, and not all objectives can be
achieved through the same programs. 

2. Sustained and committed leadership by top management, especially the
most senior executive, is required to produce any important organizational
change.

This is probably the most frequently repeated lesson of reform
management.[4] It applies to any sort of reform effort, from administrative
processes to operational strategies and tactical behavior. Significant
reform cannot be brought about by stealth from below against the
indifference or hostility of senior managers. 

3. The key to changing any aspect of policing is management, that is, the
way in which the members of a police organization are brought to do what
policies call for.

Significant change does not occur through issuing orders or stating goals.
Managers at all levels must create the conditions that encourage, facilitate,
and oblige people to do what is desired. This commonly involves
developing appropriate programs of recruitment, training, promotion,
resource allocation, supervision, research and evaluation, reporting, and
work routines. The grain of the organization must be made to work with
reform rather than against it.[5]

Corollary: Organizational change does not occur through changing
personnel; it requires changing the system and culture of an organization.

Police executives tend to manage by personality. When a problem arises,
they assign a particular person to solve it. This may work well for crisis
management, but not for bringing about institutional change.[6] 

Corollary: Recruitment and training of new personnel are not sufficient to
bring about reform. The benefits of both are lost if they are not reinforced
by management systems.[7]

This lesson, too, is a staple of writing about change in police and other
complex organizations.[8] Police officers are notoriously skeptical about
new programs, especially when each change in leadership brings a new
"flavor of the month." This skepticism reflects in part their experience
with training as recruits, which is regarded almost universally as irrelevant
to what they encounter on the job. 

Corollary: Police are more likely to be convinced of the value of a new
program by word-of-mouth from other police than by statistical evaluation
of results.[9] 

This observation has been made over and over again by people who have
been involved in training police officers.

Corollary: Training designed to change behavior must be regularly
reinforced through tangible rewards or costs.[10]

Personnel must be evaluated in terms of their performance with respect to
the reform program, and performance should then be reflected in
promotions, assignments, and pay increases. 

4. Police behavior cannot be changed by formal reorganization within the
police or by restructuring on a national basis.

Although this lesson is widely recognized, it is just as often ignored by
reformers. Indeed, shuffling the boxes in the organizational chart is often
the first, and sometimes the only, thing that managers do.[11] Yet
changing the structure of organizations rarely affects operational behavior
because it does not touch the "culture" of an organization, that is, what the
workers themselves think is expected of them. Reform in policing must be
managed, not structured, into existence.

The same is true with respect to efforts to restructure the police nationally
throughout a country. Americans frequently recommend to foreigners that
they decentralize their police operations, as the United States has done in a
radical way.[12] But the structure of national police systems is very
difficult to change.[13] Furthermore, democracy is compatible with both
centralized and decentralized police systems.[14] Centralized systems may
be service oriented, accountable to law, protective of human rights, and
transparent, whereas decentralized systems may be none of these. 

Organizational changes may be useful if they are used to signal the
importance of new programs. By themselves, however, not only are they
unlikely to produce democratic reform, but they will divert attention from
the more important job of changing operational practices. As Petronius,
the emperor Nero's "arbiter elegantiae," is credited with saying: 

We trained very hard--but it seems that every time we were beginning to
form up into teams we would be reorganized. I was to learn later in life
that we tend to meet any new situation by reorganizing: and a wonderful
method it can be for creating the illusion of progress while producing
confusion, inefficiency and demoralization.[15] 

If democratic change is the objective of police reform, more attention
should be given to the management of personnel than to the formal
structure of either the police force or the police system of the country as a
whole.

5. Material resources may support desired changes, but they are rarely
essential and never sufficient to bring them about.

Democratic reform cannot be achieved by investing in the material basis
of policing, whether in personnel or in equipment. Institutionalizing the
four norms of democratic policing described in chapter 2 requires
changing police behavior on the job. Infusions of resources may facilitate
this process but will not bring it about. Stories abound about equipment
being provided or salaries raised without producing any meaningful
improvement in service responsiveness, accountability, human rights, or
transparency.[16] The best that can be said is that providing additional
resources may improve the morale of police and thereby increase their
willingness to accept changes. The theory implied by this statement is that
resources do not increase democratic behavior unless morale rises and
resistance to change diminishes. Obviously, many other things must also
change for increased resources to produce these results.

It is important to distinguish the role of resources with respect to the goal
of enhancing police capacity as opposed to the goal of changing police
character. Additional resources may contribute directly to the former, but
only in a roundabout way to the latter. In other words, resources are
important to democratic reform only to the extent that they enhance law
enforcement effectiveness. In particular, many people have observed, as
we shall see in chapter 4, that democratic reform is unlikely to occur if it
comes at the expense of effectiveness. If this is so, then resources may be
more important to democratic reform than I have suggested. 

6. Significant reform requires widespread acceptance across ranks and
assignments in a police department.

Along with the importance of committed leadership, this is the most often
repeated lesson of successful reform.[17] To obtain this necessary
"buy-in" by all members of a police force, successful reform generally
involves the following sequential activities: "brainstorming" by senior
managers and carefully chosen colleagues about operational problems,
creation of task forces from all ranks to devise concrete plans, discussion
of proposed plans in seminars in all units and among all managerial ranks,
development of pilot projects to test feasibility in the field on the clear
understanding that the objective is to determine how to carry out the
program and not whether to undertake it, and implementation of the new
program throughout the department.[18]

The clear implication of this process is that achieving reform in police
forces is time consuming and labor intensive. It is a cumulative activity
that requires intelligence, commitment, and, ultimately, the involvement of
everyone.

Corollary: Extensive and genuine consultation is the best way to obtain
acceptance of new programs.

Police respond best when they believe that new programs incorporate their
own insights and on-the-job knowledge. Programs of change should begin,
therefore, by asking workers how they would solve a particular
problem.[19] Reform requires a bottom-up management style.

Corollary: In developing new programs, managers must enlist support
even from officers not directly involved so that an "us versus them"
mentality does not arise.

Corollary: Because the quality of supervision is critical to reform, people
at each supervisory level must be retrained with respect to the substance of
the new program and its implications for them.[20]

Reform requires the acceptance of new responsibilities by all managers
and supervisors. These new responsibilities are rarely welcomed. Most
police managers prefer to audit and monitor rather than manage and
facilitate.[21] This is understandable, as following orders is less risky than
taking responsibility for facilitative supervision and problem solving. 

7. When pilot projects are undertaken, they must have committed
leadership and personnel who are not continually pulled away for other
purposes.

The importance of leadership in innovation, whether of a police force as a
whole or of a pilot project, is a lesson repeatedly stressed by observers.
What is less obvious is that because innovation represents a change in
operational habits of an organization, there is a tendency to subordinate its
needs to customary operations.[22] People assigned to new programs are
viewed as a reservoir to be drawn on when traditional activities become
hard pressed. But innovation needs consistent implementation, more so
than routine operations, precisely because its activities have not become
institutionalized.

8. Police officers will not change their behavior unless they perceive it to
be in their personal interest to do so.

Changes that increase work or are perceived to be troublesome will not be
adopted. Change must work for the workers.[23]

Corollary: Reform will not occur unless the criteria for evaluating
individual performance encourage the sort of behavior that reform
requires.[24]

9. Reformers both inside and outside police organizations should be
careful not to denigrate the motivation, knowledge, or skill of the people
whose behavior they are trying to change.

Denigration can occur unintentionally if proponents of change imply that
the people whose behavior they want to change are personally at fault.
Sometimes this is true, as in the case of willful misuse of force. More
often, however, they have been doing the best they can with what they
have been given, both materially and organizationally.[25] Sensitivity in
advocacy is the solution to this problem in the short run. In the long run,
the problem can be minimized if police agencies develop an experimental
mindset that allows for regular evaluation of the effectiveness of what is
being done and a willingness to admit failure without blame.[26]

10. Program evaluations that emphasize outputs rather than outcomes as a 
measure of success inhibit organizational creativity.

A distinction is made in writing about organizations between "output"
(what is done) and "outcomes" (what is achieved). Patrolling, for example,
is an output of the police, and it may or may not reduce crime, which is its
desired outcome. In recent years, a great deal of attention has been given
to developing "performance indicators" for the police. This movement has
been especially strong in Britain.[27] Most performance indicators focus,
unfortunately, on outputs rather than outcomes, with the result that police
officers give more attention to reporting what they do rather than what
they achieve. This causes them to become preoccupied with meeting
norms of activity rather than adapting their activity to produce desired
results, which in turn discourages innovation and reduces operational
flexibility.

11. Reform requires that new programs be monitored so that midcourse
changes can be made. At the same time, burdensome evaluation can
discourage reform.[28]

12. Change is more likely to occur when new resources are made available
rather than when existing ones are redistributed.

Providing new resources reduces resistance to change by allowing new
activities to be undertaken without penalizing existing ones.[29] In the
case of community policing, for example--arguably the most important
strategic reorientation of policing in the last generation--only Edmonton,
Canada, and Singapore, among large police departments, implemented it,
to my knowledge, without an infusion of new funds. Without new money,
the odds are very long against reform that requires widespread
accommodation to new practices.

13. If the incidence of crime and disorder is thought to be unacceptable or
increasing, police reform will be inhibited.

When public security is at risk, reform is likely to be seen by both the
public and the police as a distraction from the main purpose.[30] The
tragic implication is that police reform is least likely to occur when it is
most needed. Insecurity might, of course, breed desperation and thereby
encourage reform, but the instability inherent in such situations makes
reform problematic.

Corollary: To make changes in current strategies and tactics, police
officers need to be shown that the new programs will achieve the goals of
the institution as well as or better than the old programs. 

Because police officers identify with the institution's goals--usually
controlling crime and disorder--they will not change their behavior
without evidence that doing so will improve, or at least not reduce,
organizational effectiveness.[31] This means that reformers need to
convince rank-and-file members that change will not come at the expense
of public order and crime control.

14. Increasing contacts between police personnel and respectable,
noncriminal members of the public is an important way of encouraging the
development of an accountable, service-oriented police organization.

Police tend to believe that the public regards them less well than it does.
The primary reason for this belief is that the contacts police have with the
public are skewed toward those who are disorderly, criminal, needy, or
incompetent.[32] In almost every neighborhood and in every society, there
is a suppressed demand for responsive, sympathetic policing.[33] One
important way to convince police of this demand is to expand their
contacts with the vast noncriminal, nontroublesome public. This can be
done a variety of ways: by allowing civilians to use police facilities for
meetings, civilianizing staff positions, rewarding officers for taking an
active part in community activities, inviting civilians to observe police
work, organizing joint training between police and civilians, and holding
regular meetings with citizens at all jurisdictional levels. 

15. Issuing clear statements of organizational policy accompanied by
appropriate positive and negative sanctions is a powerful way to change
the behavior of police officers, even in situations of high stress and
urgency.[34]

Police executives often argue that they have limited control over the
behavior of their officers, such as the use of force, when officers are in
situations of high stress and possible danger. Research has shown,
however, that police executives are not as helpless as they think.
Determined leadership coupled with skilled management can substantially
reduce the shooting of civilians, the abuse of nondeadly force, and
corruption. Police management can also standardize the handling of
domestic violence and regulate the incidence of high-speed vehicle
chases.[35] Police culture can act as a brake on change, but it is not the
irresistible force often portrayed.

16. Reform is more likely to occur if police officials are connected to
professional networks of progressive police leaders (regional, national, and
international).

Police managers want to appear modern and progressive. Their desire to
be well regarded by their peers can be used to encourage democratic
reform.[36] Regular contact with professional networks, inviting
comparison and providing opportunities for learning, is one way to do this.
International professional associations, such as the International
Association of Chiefs of Police and the International Association for
Civilian Oversight of Law Enforcement, are especially important because
their leaders are likely to come from more progressive police forces and
more democratic countries. 

17. Labor organizations within the police must be included in the
development and planning of any reform program.

In the United States, police unions can make or break reform. Police
executives complain continually that the unions have become so powerful
that managers have lost control of their departments.[37] Frustrating
though it may be to reformers, their efforts are more likely to be successful
if unions are included in planning from the beginning rather than being
ignored. Unions are part of modern policing and their help must be
solicited if reform is to succeed. 

---------------------------

Notes

1. Bayley, D.H., What Works in Policing, New York: Oxford University
Press, 1998.

2. The most substantial attempt to pinpoint lessons from experience with
community policing is just now being completed by the Kennedy School
of Government, Harvard University, for the Urban Institute under a grant
from the Office of Community Oriented Policing of the U.S. Department
of Justice. 

3. Braithwaite, J. "Beyond Positivism: Learning from Contextual
Integrated Strategies," Journal of Research in Crime and Delinquency
30(4) (1993): 383-99; Goldstein, H., Problem Oriented Policing,
Philadelphia: Temple University Press, 1990.

4. Couper, D.C., and S.H. Lobitz, Quality Policing: The Madison
Experience, Washington, DC: Police Executive Research Forum, 1991;
Skolnick, J.H., and D.H. Bayley, The New Blue Line: Police Innovation in
Six American Cities, New York: The Free Press, 1986; Sparrow, M., H.
Moore, and D. Kennedy, Beyond 911: A New Era for Policing, New York:
Basic Books, 1990.

5. Chatterton, M., and M. Rogers, "Focused Policing," in Coming to
Terms With Policing: Perspectives on Policy, ed. R. Morgan and D.J.
Smith, New York: Routledge, 1989: 64-81; Fielding, N., C. Kemp, and C.
Norris, "Constraints on the Practice of Community Policing," in Coming
to Terms With Policing: Perspectives on Policy, ed. R. Morgan and D.J.
Smith, London: Routledge, 1989: 49-63; Smith, D.H., and J. Gray, Police
and People in London: No. IV-The Police in Action, London: Police
Studies Institute, 1983; Sparrow, M., H. Moore, and D. Kennedy, Beyond
911 (see note 4).

6. Skolnick, J.H., Justice Without Trial, New York: John Wiley and Sons,
1966.

7. Mastrofski, S.D., "Policing for People," Washington, DC: U.S.
Department of Justice, National Institute of Justice, 1999. NCJ 188061.

8. Hall, R.H., Organizations: Structures, Processes, and Outcomes (5th
ed.) Englewood Cliffs, NJ: Prentice Hall, 1991; French, W.L., and C.H.
Bell, Organizational Development: Behavioral Science Interventions for
Organizational Development, Englewood Cliffs, NJ: Prentice Hall, 1995.

9. Toch, H., J.D. Grant, and R.T. Galvin, Agents of Change: A Study in
Police Reform, New York: John Wiley and Sons, 1973.

10. Boydstun, J.E., and M.E. Sherry, San Diego Community Profile: Final
Report, Washington DC: U.S. Department of Justice, National Institute of
Justice, 1975, NCJ 30160; McElroy, J.E., C.A. Cosgrove, and S. Sadd,
Community Policing: The CPOP in New York, Newbury Park, CA: Sage,
1993; Neild, R. "Police Training," In Washington Office on Latin
America, Themes and Debates in Public Security Reform: A Manual for
Civil Society, Washington, DC: Washington Office on Latin America,
1998.

11. Bayley, D.H., "Comparative Organization of the Police in
English-Speaking Countries," in Modern Policing, ed. M. Tonry and N.
Morris, Chicago: University of Chicago Press, 1992: 509-46.

12. Bayley, D.H., "The Limits of Police Reform," in Police and Society,
ed. D.H. Bayley, Thousand Oaks, CA: Sage Publications, 1996, chapter
10; Bayley, D.H., "Who are We Kidding? or Developing Democracy
Through Police Reform," in Policing in Emerging Democracies:
Workshop Papers and Highlights, Research Report, Washington, DC: U.S.
Department of Justice, National Institute of Justice, 1997, NCJ 167024.

13. Bayley, D.H., "The Police and Political Development in Europe," in
The Formation of National States in Western Europe, ed. C. Tilly,
Princeton, NJ: Princeton University Press, 1975.

14. Bayley, D.H., Patterns of Policing, New Brunswick, NJ: Rutgers
University Press, 1985; Lustgarden, L., The Governance of Police,
London: Sweet and Maxwell, 1986.

15. Quoted in Bayley, D.H., Police for the Future, New York: Oxford
University Press, 1994.

16. Roth, J.A., et al., National Evaluation of the COPS Program-Title I of
the 1994 Crime Act, Research Report, Washington, DC: U.S. Department
of Justice, National Institute of Justice, 2000, NCJ 183643; Chatterton,
M.R., "Targeting Community Beat Officers: Organizational Constraints
and Resistance," Policing and Society 3(3) (1993): 189-204.

17. Cooper, D.C., and S.H. Lobitz, Quality Policing: The Madison
Experience, (see note 4); Guyot, D., Policing as Though People Matter,
Philadelphia: Temple University Press, 1991; Kelling, G.L., and M.A.
Wycoff, "Implementing Community Policing: The Administrative
Problem," paper for the Executive Session on Police, February 28-30,
1991; Sadd, S., and R. Grinc, "Innovative Neighborhood Oriented
Policing: An Evaluation of Community Policing Programs in Eight
Cities," in The Challenge of Community Policing: Testing the Promises,
ed. D. Rosenbaum, Thousand Oaks, CA: Sage Publications, 1994: 27-52;
Seattle Police Department, Burglary Reduction Program--Final
Evaluation, Seattle, WA: Seattle Police Department, 1975.

18. Brown, L.P., "Community Policing: A Practical Guide for Police
Officers," The Police Chief, August 1989: 72-82; Bayley, D.H., A Model
of Community Policing: The Singapore Story, Research Report,
Washington, DC: U.S. Department of Justice, National Institute of Justice,
1989, NCJ 116019; Roth, J.A., et al. National Evaluation of the COPS
Program--Title I of the 1994 Crime Act, (see note 16); Oettmeier, T. and
W.H. Bieck, "Developing a Policing Style for Neighborhood Oriented
Policing," Houston Police Department, n.d.; Cronin, R.C., Innovative
Community Partnerships: Working Together for Change, Program
Summary, Washington, DC: U.S. Department of Justice, Office of
Juvenile Justice and Delinquency Prevention, 1994, NCJ 147483; White,
T.W., and R.A. Gillice, Neighborhood Team Policing in Boulder,
Colorado--A Case Study, Washington, DC: The Urban Institute, 1977.

19. Toch, H., "Mobilizing Police Expertise," The Annals (November
1980): 53-62.

20. U.S. Department of Justice, National Institute of Justice,
"Memorandum for the Attorney General: Department of Justice
International Training Activities," Washington DC: U.S. Department of
Justice, National Institute of Justice, 1999; Wiles, P., "Policing Structures,
Organizational Changes and Personnel Management," Sheehy Inquiry
Seminar, internal document, 1993; Skolnick, J.H., and D.H. Bayley, The
New Blue Line (see note 4).

21. Goldstein, H., Problem Oriented Policing, Philadelphia: Temple
University Press, 1990; Skogan, W.G., Disorder and Decline, New York:
The Free Press, 1990; Bradley, D.W., and R. Wilkie, Managing the Police:
Law, Organization and Democracy, Brighton, UK: Wheatsheaf Books,
1986.

22. Pate, A.M., "Community Policing Grows in Brooklyn: An Inside View
of the New York City Police Department's Model Precinct," Crime and
Delinquency 40 (1996): 384-410; "Police Program Review," Washington,
DC: U.S. Department of Justice, National Institute of Justice, internal
document, January 15, 1999.

23. Betjemann, W.N., Innovation and Social Change-A Review of the
Albany Police Department Neighborhood Police Concept, Washington,
DC: U.S. Department of Justice, National Institute of Justice, 1975, NCJ
34718; Pate, A.M., "Community Policing Grows in Brooklyn" (see note
22); Trojanowicz, R., and B. Bucqueroux, Community Policing: A
Contemporary Perspective, Cincinnati, OH: Anderson, 1990; Uildriks, N.,
and H. van Mastright, Policing Police Violence, Aberdeen, Scotland:
Aberdeen University Press, 1991.

24. Asbury, K., "Innovative Policing: Foot Patrol in 31 Division,
Metropolitan Toronto," Canadian Police College Journal, 13(3) 1989;
Greene, J.R., and S.D. Mastrofski, Community Policing: Rhetoric or
Reality, New York: Praeger, 1988; McCleery, R.H., Policy Change in
Prison Management: A Test Case for Administrative Analysis, East
Lansing, MI: Governmental Research Bureau, Michigan State University,
1957; Norman, M., "Officer Jett's Laboratory," New York Times
Magazine, December 12, 1993: 62ff; Wycoff, M., "Improving Police
Performance Measurement: One More Voice," The Urban Interest 4 (1)
(Spring 1982).

25. Cooper, D.C., and S.H. Lobitz, Quality Policing: The Madison
Experience (see note 4); Marks, M., "Changing Police, Policing Change,"
Society in Transition 28 (1997): 54-69; Oettmeier, T. and W.H. Bieck,
"Developing a Policing Style for Neighborhood Oriented Policing," (see
note 18).

26. Reiss, A.J., "Police Organization in the Twentieth Century," in
Modern Policing, ed. M. Tonry and N. Morris, Chicago: University of
Chicago Press, 1992; Sherman, L.W., "The Police," in Crime, ed. J.Q.
Wilson and J. Petersilia, San Francisco: ICS Press, 1995.

27. Bayley, D.H., Police for the Future, New York: Oxford University
Press, 1994.

28. Pate, A.M., "Community Policing Grows in Brooklyn" (see note 22).

29. Roth, J.A., et al. National Evaluation of the COPS Program--Title I of
the 1994 Crime Act (see note 16).

30. Kelling, G.L., and C.M. Coles, Fixing Broken Windows: Restoring
Order and Reducing Crime in Our Communities, New York: The Free
Press, 1996; Sparrow, M., H. Moore, and D. Kennedy, Beyond 911 (see
note 4).

31. Cronin, R.C. "Innovative Community Partnerships: Working Together
for Change," (see note 18); Goldstein, H., Problem Oriented Policing, (see
note 21); Mastrofski, S.D., "Community Policing and Police Organization
Structure," in How to Recognize Good Policing, ed. J.P. Brodeur, ed.,
Thousand Oaks, CA: Police Executive Research Forum and Sage
Publications, 1998: 161-89.

32. Bayley, D.H., Police for the Future (see note 27).

33. Police Foundation, Reducing Fear of Crime in Houston and Newark:
Summary Report, Washington, DC: Police Foundation, 1986; Goldstein,
H., Problem Oriented Policing (see note 21).

34. Fyfe, J.J., "Police Use of Deadly Force: Research and Reform," Justice
Quarterly 5(2) (1988): 165-205; Walker, S., "The Rule Revolution:
Reflections on the Transformation of American Criminal Justice,
1950-1988." Working Papers, Series #3. Institute of Legal Studies, 1988.

35. Walker, S. "Achieving Police Accountability," Occasional Paper No.
3. New York: Center on Crime, Communities, and Culture, 1998.

36. Goldsmith, A., "Democratization and Criminal Justice: Human Rights
and Police Reform in Colombia," unpublished draft, March 1995.

37. Fitzgerald Report, Commission of Inquiry into Possible Illegal
Activities and Associated Police Misconduct, Report, Brisbane, Australia,
1989; Skolnick, J.H., and D.H. Bayley, The New Blue Line (see note 4);
Sparrow, M., H. Moore, and D. Kennedy, Beyond 911 (see note 4).

---------------------------

Chapter 4

Lessons for Police Reform Abroad

This chapter deals with the knowledge people have gleaned from efforts to
reform police systems abroad. The assumption behind these lessons is that
the assistance is intended to create police forces that function more
democratically. Enhancing the capability of the local police for crime
control and law enforcement, which is often also an American objective, is
not the concern here. The context of these efforts is countries with
functioning governments but with police forces whose character is not
supportive of democracy. The next chapter will examine a more restrictive
arena of foreign police reform, namely, the rebuilding of police forces in
countries where government has ceased to exist altogether due to political
strife, ethnic violence, and economic collapse.

1. Foreign assistance cannot produce democratic reform against the
opposition of the host government.

The success of foreign assistance in promoting democratic policing is
directly proportional to the country's enthusiasm for it. It is not that
government approval of reform is a sufficient condition for success.
Reform is tricky even with wholehearted political support, as we have seen
in the United States. But if government is opposed to reform, reform has
no chance of success at all. Any institutional changes, whether of policy,
training, or supervision, can be undermined by a determined regime.[1] As
the Carnegie Commission on the Prevention of Deadly Conflict has said,
"Foreign donors must look for, or find, ways to use leverage to generate
this political commitment, or assistance may be consumed eagerly, but
with little impact."[2] It therefore follows that foreign assistance programs
designed to achieve reform must be built on foreign "demand" rather than
on donor "supply." Demand is the best guarantor of the sustainability of
any assistance initiative.[3]

Some have concluded from this axiom that the United States should never
assist foreign police forces in countries that do not have committed
democratic governments, especially if the objective of assistance is
democratic reform.[4] Margaret Popkin, for example, suggests a triage
approach: substantial support to democratic countries, none at all to
nondemocratic countries, and selective assistance to countries where it
might reinforce democratic development.[5] The United States has only
occasionally followed this stricture. ICITAP withdrew from Liberia for
several months in 1997 when President Charles Taylor appointed his
cousin, a man known for horrendous human rights abuses, as chief of the
country's police. It also held off training the police in Panama for several
months in 1990 when the military refused to relinquish control. On the
other hand, Thomas Carothers argues that there may be a role for
assistance even when the political climate is oppressive. Specifically, he
suggests that in addition to facilitating willing change, foreign assistance
can discourage backsliding when reform is stalled and give voice to
reform in the face of repression.[6] 

Although observers disagree about the precise application of this lesson,
they accept the premise that programs must be crafted to fit different
political circumstances. Institutional policies and practices are not
interchangeable parts.[7] At the same time, the United States must be very
cautious about assisting countries with undemocratic governments, not
only because it may be investing unrealistically but also because
assistance of any sort may enhance the capacity for repression as well as
connoting approval for the regime.[8]

2. All police reform is political in the sense that it affects the position and
interests of different groups of people both inside and outside the police.

In giving assistance to foreign police, the United States must be alert to the
effects of such assistance on the distribution of power and influence.
Assistance serves some interests more than others, strengthens the ability
to do one thing rather than another, and encourages some people and
discourages others. All foreign assistance to police must be examined for
these effects, especially for its impact on democratic possibilities.[9] It
follows that reform should not be soft-pedaled simply because it may be
"political," (i.e., controversial). The question is not whether assistance is
political--it all is--but what its likely consequences are for American
objectives.

3. The norms of democratic policing may be achieved by different
institutional mechanisms in different countries.

Democratic reform abroad cannot be achieved through the mechanistic
importation of practices that work in the United States. As Carothers says:

Unconsciously or consciously, many Americans confuse the forms of
democracy with the concept of democracy. There is an unfortunate
combination of hubristic belief that America's political ways are the most
democratic in the world and lack of knowledge about political life in other
democratic countries.[10] 

Institutions and practices that support democracy in one country may not
do so in another. For example, community policing may produce a
constructive partnership between police and the public in the United
States, but in authoritarian countries it can be used for co-optation and
top-down regimentation. Similarly, mobilizing neighborhoods to share
policing responsibilities with the police, which has become popular in
established democracies, can be very dangerous in countries polarized by
race, language, religion, and ethnicity.[11] 

Corollary: Foreign experts tend to recommend what they are familiar with
at home regardless of its local applicability. 

Americans often assume that whatever police do in the United States is
democratic.[12] For example, American occupation authorities in
Germany and Japan after World War II decentralized the police,
authorizing cities and major towns to create their own police forces. As
soon as the occupations ended, both countries undid the decentralization
--Germans making the police accountable to the states (Lnder); Japanese,
to the national government.[13] 

4. To produce democratic reform abroad, programs of police foreign
assistance must be adapted to local conditions. This requires the collection
and analysis of information about the traditions and practices of the police
as well as about society in general.

Whatever the context of reform--domestic, foreign, peacekeeping--reform
interventions need to be based on careful analysis of the appropriateness of
desired objectives and the feasibility of implementation.[14] In the views
of many, American efforts have relied too heavily on "drop in" courses,
"turnkey" programs, and "cookie cutter" projects designed without
sufficient knowledge of local conditions. Strong foreign assistance
requires investing in knowledge of local circumstances and in expert
discussions about how those circumstances may affect implementation.
This is not a simple requirement that can be met in a perfunctory way.
When I asked a Bosnian chief of police what a foreigner ought to know to
provide sensible advice about democratic reform, he replied succinctly,
"Everything."[15] 

Corollary: Police reform cannot be left to police experts, but must involve
area specialists, social scientists, and historians.[16]

Corollary: The most "developed" police are not necessarily the best
models from which reforming police should learn. Foreign advisors must
learn that sophisticated technologies, especially equipment, may not be the
most appropriate technologies. 

Corollary: Foreign police assistance programs need as much advance
planning as military operations, clearly specifying objectives,
implementation actions, resource requirements, and timetables.[17] 

The implication for policymakers is that assistance should not be provided
if analysis shows that the amount provided for reform is inadequate, the
capacity to use it undeveloped, the institutional culture uncongenial, and
the political climate hostile. If the analysis of possibilities does not have
consequences for policy, it is an empty exercise. 

5. No amount of external inducement or pressure can produce democratic
reform against the hostility or indifference of the indigenous police.
Unless a foreign police force is seriously committed to reform, it will not
occur.

This lesson follows from the proposition in the preceding chapter that
leadership from the top is essential for meaningful reform in any police
force. It is important to remember as well that resistance to change is the
rule rather than the exception in any organization. 

Corollary: Foreign assistance programs are unlikely to contribute to
reform unless they reinforce plans already developed abroad or are part of
larger American efforts to change the institutional culture of the foreign
organization. 

So foreign assistance programs must invest time and money in persuading
indigenous police leaders that reform is in their interest. The programs
must obtain "buy-in," which means active commitment, not just passive
acquiescence.[18]

6. Foreign assistance personnel operating abroad must guard against
condescension in their relations with local police. The fact that a country
might profit from assistance does not mean that its practitioners are
unsophisticated.

This point is similar to the lesson from American reform that proponents
of new programs should not denigrate the contribution of people working
under the old programs. In the case of foreign assistance, neediness is
often mistakenly perceived as inferiority. The United States should not
treat a foreign country "like a kid," as one Ukrainian official complained at
a Washington conference.

7. Democratic police reform requires the separation of police from the
military.

The reasoning behind this principle is that the military's mission is so
different from that of the police that each contaminates the other.
Democratic policing especially is undermined by military involvement,
because soldiers take orders from above rather than responding to the
appeals of individual citizens; their use of force is much less restrained,
and secrecy is a more ingrained mindset. Conversely, military officers in
developed democracies recognized long ago that police duties were
antithetical to their war-fighting mission. Policing requires mediation
skills, the exercise of discretion in the use of authority, and a facilitative
style of supervision. For these reasons, the U.S. Department of Defense
strongly supports the creation of an American civilian police force that can
be deployed overseas precisely because it will prevent the military services
from performing law enforcement duties.[19]

8. The growth of violence, crime, and civil strife will subordinate police
reform to the enhancement of police capacity.

This lesson has been demonstrated repeatedly throughout the world.
Failure to provide public security undermines the legitimacy of
government and encourages further social disorder.[20] Unfortunately,
countries negotiating transitions to democracy are likely to face the very
conditions that make internal security uncertain: poverty, unemployment,
civil unrest, ineffective institutions of criminal justice, vigilantism, and
acute distrust between the public and the police. Therefore, the
achievement of effective but humane public order is a priority condition
for democratic development.

Yet order is not a sufficient guarantee for democracy. Police reformers
face the dilemma that although enhancing the crime-control effectiveness
of the police may be necessary to achieve democracy, it may also endanger
it by reinforcing the power of repressive institutions. The development of
law enforcement capacity is not a substitute for reform. 

Corollary: Civil unrest, including high levels of crime, causes police and
military functions to become intermingled, thereby retarding the
separation of the military from the police.[21]

Especially when governments are threatened by insurrection or prolonged
group violence, the functions of the police and military degrade toward
one another. The military begin to operate domestically, and the police
take on the characteristics of armies, such as patrolling in groups and
employing heavy weapons. The police become more centralized, more
closed, more suspicious of the public, less protective of human rights, and
less willing to disband discredited units.[22]

9. The impulse to democratic reform may be weakened by the public's
belief that reform will make it more vulnerable to crime and disorder.

As with the police, so with the public: The desire for safety may trump the
putative value of democratic reforms such as responsiveness,
accountability, protection of human rights, and transparency. It is a
mistake to think the public is more enlightened than the police. Being
"tough on crime" is often exactly what the public wants, especially in the
unsettled conditions of countries undergoing transitions from autocracy to
democracy.[23] "Civil society," which so much American assistance
attempts to strengthen, may not be so civil.[24] 

Corollary: Programs of democratic reform should try to produce tangible
results in terms of security and justice as soon as possible.

The public needs to be reassured that democratic policing is not weak
policing.[25]

10. Nongovernmental organizations dedicated to protecting human rights
must learn to work with, as well as against, the police.

Human rights organizations are already learning that they have "an
emerging dual role--in encouraging reform and condemning continued
abuse."[26] Unremitting criticism of the police can be counterproductive
--distancing police from dissenting voices, making the police less willing
to admit abuses, tainting reformers within the police as turncoats, and
undermining the willingness of police officers to bring other officers to
account.[27] The exposure of abuses does not automatically lead to
reform. Police must be helped to assume responsibility for their own
behavior. This requires outsiders to show police that adhering to
democratic standards will make their lives easier, not more difficult.

11. Creating effective disciplinary systems within the police should be a
first-order priority in democratic reform.

Preventing unlawful actions and the infringement of human rights is a core
goal of democratic reform. People in democratizing countries desperately
long for justice in the sense of humane, impartial enforcement of law.[28]
But there is another reason for setting up effective internal disciplinary
mechanisms. Research has shown that when the public cooperates with the
police by reporting crime, identifying suspects, and mitigating the social
conditions that lead to crime, the police become more effective in their
public safety role.[29] The police themselves have a great deal to gain by
overcoming public hostility, which is so often the legacy of former
repression. Instilling effective discipline within the police is a powerful
means for improving their crime-control ability.[30]

12. The concern of foreign advisors and donors with their own problems
of international crime and law enforcement decreases their enthusiasm for
democratic reform abroad.

The United States has two foreign police agendas: reform and security.
Policymakers often think that they must choose between them. Crafting a
police-development policy abroad involves facing the very same tension
between the goals of controlling crime or protecting human rights
encountered in domestic criminal justice policy.[31] As a result, American
programs sometimes pull in different directions, not necessarily in conflict
but not always supporting one another. For example, programs of police
assistance from the international community to South Africa shifted
between 1994 and 1998 from encouraging greater involvement with the
community to raising its law enforcement capability by creating
street-crime enforcement units and improving their ability to gather
intelligence.[32] 

Corollary: In general, foreign donors are more likely to support capacity
building than democratic reform.

Not only does security tend to trump democracy, but capacity building
promises tangible gains in the short run, as opposed to the more remote
and hard-to-measure achievements of democratic reform. Capacity
building is also easier to manage bureaucratically, which is not the same as
saying that it is easier to accomplish.

Corollary: Established patterns of law enforcement cooperation between
countries may impede democratic reform. 

This occurs because American, and other, law enforcement agencies share
crime-control objectives with their foreign counterparts. Over time they
build working relationships with foreign colleagues, exchanging
information, hunting and extraditing fugitives, protecting each other's
citizens, and seizing and returning stolen property. An explicit purpose in
creating the International Law Enforcement Academies in Budapest and
Bangkok was to develop networks of friendly colleagues that will assist
American law enforcement agencies in curtailing international crime.
American law enforcement agents working abroad, even though they
accept the importance of democratic reform, worry that pushing hard for
unpopular changes may jeopardize their working relationships.

13. In order for police reform to be effective, whether for capacity building
or democracy, it must be accompanied by reform throughout the criminal
justice system.

This is probably the most frequently repeated lesson derived from the
assistance experience in the 1990s.[33] As the President's Commission on
Law Enforcement and the Administration of Justice underscored more
than a generation ago, providing public safety with justice requires a
system of interlocking agencies: police, prosecutors, defense lawyers,
judges, prison guards, and parole officers.[34] Whether the purpose is
democratic reform or increased crime-control effectiveness, reform cannot
take place one subunit at a time. It requires coordinated effort across the
board. 

14. Technical assistance should not be the centerpiece of foreign
assistance if democratic reform of policing is the objective.

None of the four attributes of democratic policing described in chapter 2--
responsiveness, accountability, defense of human rights, and
transparency--depend on technology. They require changes in attitudes,
orientation, and behavior. This is not to say that each cannot be assisted by
technology, but simply that technology is not a substitute for deeper
cultural change within the police. 

A lack of equipment may be a direct handicap to democratic reform when
it contributes to a feeling of neglect on the part of police personnel,
thereby making them less enthusiastic for unsettling changes.[35]
Similarly, if providing effective security to the public is important for the
fortunes of democratic reform, then a lack of equipment can be a handicap.
Police in places like El Salvador, Haiti, and Bosnia lacked equipment as
rudimentary as uniforms, radios, handcuffs, and even belts for trousers. 

But investment in technology does not guarantee either an increase in law
enforcement effectiveness or a willingness to embrace democratic reforms.
Although it is easier to increase the technical capacity of police than to
change their behavior, doing so makes little, if any, contribution to
democratic policing.[36] It turns out that what is easiest to change--
namely, technical capacity--is the least important; what is hardest to
change--namely, institutional behavior--is the most important.

15. Foreigners assigned to produce change abroad must reside in country
for substantial periods of time to provide programmatic continuity,
expeditious advice, and informed midcourse corrections.

A "Marriott Brigade," as short-term experts became known in Poland, will
lack both local knowledge, which is essential to effective program
planning, and local legitimacy, which is essential to enlisting local
support.[37] Reliance on short-termers also raises the costs of assistance. 

16. Institutional reform cannot be produced simply by increasing
knowledge about policies and practices elsewhere.

The key to institutional reform is not cognitive knowledge but practice in
new behavior within the home organization. Many reform programs begin,
and often end, with courses that describe desired practices and their
benefit. Sometimes foreign officers are brought to donor countries to see
these practices for themselves. Both sorts of training are wasted if what is
learned is not immediately incorporated into the home agency's work
routines.[38] Reform occurs only when knowledge is supported by
facilitative management in every aspect of policing.

17. People engaged in police reform abroad, both public and private,
should construct ways to share lessons learned and to coordinate activities.

Many institutions, public and private, foreign and domestic, provide
training and assistance to foreign police. The U.S. General Accounting
Office (GAO) reported that 34 federal agencies provided rule-of-law
assistance between 1994 and 1998.[39] Larry Diamond constructed a
"selected" list of 33 private U.S. institutions that were administering
National Endowment for Democracy grants in the early 1990s, some of
which targeted criminal justice and human rights.[40] So many foreign
groups were trying to help South Africa develop and reform its criminal
justice system that in 1997, the United Nations commissioned the
University of Capetown's Department of Criminology to compile a roster
of them, along with the substance of their programs and the local agencies
they were interacting with. The roster included more than 200 groups.[41]

Without coordination, programs work at cross-purposes, duplication
occurs, priorities become confused, and local officials are distracted from
their primary responsibilities. Furthermore, an opportunity is being missed
to share insights into ways to improve the management of foreign
assistance.

18. Crime control is as complex abroad as it is at home, and just as subject
to oversimplification.

Assistance programs designed to help foreign countries prevent crime
must incorporate the well-researched lessons collected over the past 30
years in the United States and other developed countries. Unfortunately,
the usual nostrums show up abroad as at home: more police officers,
SWAT teams, heavier patrolling, undercover street-crime units, stiffer
prison sentences, capital punishment, asset forfeiture, liberal wiretapping,
RICO (racketeer-influenced corrupt organization) statutes, mandatory drug
testing, universal fingerprinting and DNA profiling, and so forth. Some of
these will be useful in some places, none of them will be useful
everywhere, and some of them will not be useful anywhere. Just as
American law enforcement experts working abroad need to draw on the
knowledge of foreign policy specialists, so people who have spent their
lives in foreign policy need to draw on the expertise of the American
criminal justice community when they design police assistance programs. 

Notes

1. Call, C., "Institutional Learning Within the U.S. International Criminal
Investigation Training Assistance Program," in Policing the New World
Disorder: Peace Operations and Public Security, ed. R. Oakley, M.
Dziedzic, and E.M. Goldberg, Washington, DC: National Defense
University Press, 1998: 177-218.

2. Carnegie Commission on Preventing Deadly Conflict, "Promoting
Democracy in the 1990's: Actors and Instruments, Issues and
Imperatives," Report of the Commission written by Larry Diamond. New
York: Carnegie Corporation of New York, 1995: section 4, p. 4.

3. Neild, R., "Human Rights and Citizen Security: The Framework for
Democratic Models of Policing," Washington Office on Latin America.
Paper for Regional Seminar on Democratic Controls of the Maintenance of
Interior Security in Argentina, Chile, and Peru, Santiago, Chile, August
11-12, 1997; Costa, G., "The United Nations and Reform of the Police in
El Salvador," International Peacekeeping 2(3) (1995): 365-90; Stanley,
W., "International Tutelage and Domestic Political Will: Building a New
Civilian Police Force in El Salvador," in Policing Change, Changing
Police, ed. O. Marenin, New York: Garland Publishing, 1996: 37-78;
Popkin, M., "Building the Rule of Law in the Context of a Peace Process:
The Role of Negotiating Parties, Civil Society and the International
Community," paper for London Conference, 1999; Stromsem, J., "U.S.
Experience in Police Assistance Abroad," Barbados speech at IBD
Stakeholders Meeting, April 27, 2000; Byrne, H., W. Stanley, and R.
Garst, "Rescuing Police Reform: A Challenge for the New Guatemalan
Government," Washington, DC: Washington Office on Latin America,
2000.

4. Washington Office on Latin America and the American University
School of International Service, Elusive Justice: The U.S. Administration
of Justice Program in Latin America, Washington, DC: Washington Office
on Latin America, 1990; Washington Office on Latin America,
Demilitarizing Public Order: The International Community, Police Reform
and Human Rights in Central America and Haiti, Washington, DC:
Washington Office on Latin America, 1995.

5. Popkin, M., "Building the Rule of Law in the Context of a Peace
Process" (see note 3).

6. Carothers, T., Aiding Democracy Abroad: The Learning Curve
Washington, DC: Carnegie Endowment for International Peace, 1999.

7. Goldsmith, A., "Police Accountability Reform in Colombia: The
Civilian Oversight Experiment," Unpublished draft, 1997; Konz, P., "The
UNDP Justice Programme in Latin America and the Caribbean: Areas of
Intervention," Paper for London Conference.

8. Washington Office on Latin America and the American University
School of International Service, Elusive Justice (see note 4).

9. Blair, H., and G. Lansen, Weighing in on the Scales of Justice: Strategic
Approaches for Donor-Supported Rule of Law Programs, Washington,
DC: U.S. Agency for International Development, 1994; Cottam, M., and
O. Marenin, "Predicting the Past: Reagan Administration Assistance to
Police Forces in Central America," Justice Quarterly 6(4) (1989): 589-618.

10. Carothers, T., Aiding Democracy Abroad: The Learning Curve (see
note 6): chapter 5.

11. Bayley, D.H., "Who are We Kidding? or Developing Democracy
Through Police Reform," in Policing in Emerging Democracies:
Workshop Papers and Highlights, Research Report, Washington, DC: U.S.
Department of Justice, National Institute of Justice, 1997, NCJ 167024;
Neild, R., "From National Security to Citizen Security: Civil Society and
the Evolution of Public Order Debates," draft paper, August 1999; Call,
C., "Institutional Learning Within the U.S. International Criminal
Investigation Training Assistance Program" (see note 1).

12. Gregory, F., "The United Nations Provision of Policing Services
(CIVPOL) with the Framework of 'Peacekeeping' Operations: An Analysis
of the Issues," Policing and Society 6(2) 1996: 145-62.

13. Bayley, D.H., "A Foreign Policy for Democratic Policing," Policing
and Society 5(2) 1995: 79-94; Katzenstein, P.J., "Coping with Terrorism:
Norms and Internal Security in Germany and Japan," paper for the
Workshop on Ideas and Foreign Policy, Center for Advanced Study of the
Behavioral Sciences, Palo Alto, CA, April 19-20, 1991.

14. Barkan, J.D., "Can Established Democracies Nurture Democracy
Abroad? Lessons from Africa," in Democracy's Victory and Crisis, ed. A.
Hadenius, Cambridge: Cambridge University Press, 1997: 371-403;
Carothers, T., Aiding Democracy Abroad: The Learning Curve (see note
10); Gregory, F., "The United Nations Provision of Policing Services
(CIVPOL) with the Framework of 'Peacekeeping' Operations: An Analysis
of the Issues" (see note 12); Malan, M., "Peacekeeping in Southern Africa:
Police Reform in Mozambique and South Africa," International
Peacekeeping 6(4) 1999: 171-90; Mulcahy, A., The Dynamics of the
Police Legitimation Process in Northern Ireland, Ph.D. dissertation,
Arizona State University, 1998; Wilson, D.G., and W.F. Walsh,
"Reflections on the Transfer of Knowledge to Support Democratic
Policing in Hungary and Romania," in Policing in Emerging Democracies:
Workshop Papers and Highlights, Research Report, Washington, DC: U.S.
Department of Justice, National Institute of Justice, U.S. Department of
State, Bureau of International Narcotics and Law Enforcement Affairs,
October 1997, NCJ 167024.

15. Personal communication, April 1996.

16. Marenin, O., "United States Police Assistance in Emerging
Democracies," Policing and Society 8(2) (1998): 153-68.

17. Carothers, T., Aiding Democracy Abroad: The Learning Curve (see
note 6); Stromsem, J., "Comprehensive Strategic Planning Framework: A
Practical Guide to Strategic Planning for Judicial Reform," Unpublished
manuscript, 2000; Costa, G., "The United Nations and Reform of the
Police in El Salvador" (see note 3).

18. Biebesheimer, C., "Justice Reform in Latin America and the
Caribbean: The IDB Perspective," paper for London Conference, 1999;
Popkin, M., "Building the Rule of Law in the Context of a Peace Process"
(see note 3); Stanley, W., "International Tutelage and Domestic Political
Will: Building a New Civilian Police Force in El Salvador," in Policing
Change, Changing Police, ed. O. Marenin, New York: Garland Publishing,
1996; Wedel, J.R., Collision and Collusion: The Strange Case of Western
Aid to Eastern Europe 1989-1998, New York: St. Martin's Press, 1998;
Washington Office on Latin America, "Draft Report on the DEA," internal
document, 1998.

19. U.S. Department of State, "Presidential Decision Directive 71,
Strengthening Criminal Justice Systems in Support of Peace Operations
and Other Complex Contingencies Sub-Interagency Working Groups,"
February 24, 2000.

20. Bayley, D.H., "A Foreign Policy for Democratic Policing" (see note
13); Bayley, D.H., Patterns of Policing, New Brunswick, NJ: Rutgers
University Press, 1985; Stanley, W., "Building New Police Forces in El
Salvador and Guatemala: Learning and Counter-Learning," International
Peacekeeping 6(4) 1999: 113-34; Gray, A., and M. Manwaring, "Panama:
Operation Just Cause," in Policing the New World Disorder: Peace
Operations and Public Security, ed. R. Oakley, M. Dziedzic, and E.M.
Goldberg, Washington, DC: National Defense University, Institute for
Strategic Studies.

21. Kincaid, A.D., and E.A. Gamarra, "Disorderly Democracy: Redefining
Public Security in Latin America," Paper for XIV Annual Conference on
the Political Economy in the World System, University of Miami, FL,
April 1995; Perito, R.M., "The Role of Police in Peace Operations,"
unpublished document, 2000; Schmidl, E.A., "Police Functions in Peace
Operations: An Overview," in Policing the New World Disorder: Peace
Operations and Public Security, ed. R. Oakley, M. Dziedzic, and E.M.
Goldberg, Washington, DC: National Defense University, 1998: xiv-xxix;
Washington Office on Latin America, Demilitarizing Public Order (see
note 4).

22. Koci, A., "Reform of the Police in Hungary and Lithuania: Empirical
Findings on the Policing of Public Order," Innovation: The European
Journal of Social Sciences 11(3) (1998): 304-14; Martinez, J., and E.
Amaya, "The Development and Current State of El Salvador's National
Civilian Police Force," unpublished paper for Washington Office on Latin
America conference, El Salvador, 2000.

23. Call, C., "Institutional Learning Within the U.S. International Criminal
Investigation Training Assistance Program," in Policing the New World
Disorder: Peace Operations and Public Security, ed. R. Oakley, M.
Dziedzic, and E.M. Goldberg, Washington, DC: National Defense
University Press, 1998: 177-218; Bayley, D.H., and C.D. Shearing, The
Worldwide Restructuring of the Police, Washington, DC: U.S. Department
of Justice, National Institute of Justice, forthcoming.

24. Martinez, J., and E. Amaya, "The Development and Current State of El
Salvador's National Civilian Police Force," (see note 22); Mulcahy, A.,
"The Dynamics of the Police Legitimation Process in Northern Ireland,"
(see note 14); Sismanidis, R.D.V., Police Functions in Peace Operations:
Report from a Workshop Organized by the U.S. Institute of Peace,
Peaceworks series No. 14, Washington, DC: U.S. Institute of Peace, 1997.

25. Neild, R., "Human Rights and Citizen Security" (see note 3); Stanley,
W., "Building New Police Forces in El Salvador and Guatemala: Learning
and Counter-Learning," International Peacekeeping 6(4) 1999: 113-34;
Popkin, M., "Building the Rule of Law in the Context of a Peace Process"
(see note 3).

26. Neild, R., "From National Security to Citizen Security" (see note 11):
26.

27. Bayley, D.H., "Getting Serious About Police Brutality," in
Accountability and Criminal Justice: Selected Essays, ed. P.C. Stenning,
Toronto: University of Toronto Press, 1995: 93-109.

28. Byrne, H., W. Stanley, and R. Garst, "Rescuing Police Reform: A
Challenge for the New Guatemalan Government" (see note 3); Human
Rights Watch, Shielded From Justice: Police Brutality and Accountability
in the United States, New York: Human Rights Watch, 1998; Neild, R.,
"Police Training," in Washington Office on Latin America, Themes and
Debates in Public Security Reform: A Manual for Civil Society,
Washington, DC: Washington Office on Latin America, 1998; Neild, R.,
"Internal Controls and Disciplinary Units" (draft, section of a larger report
from the Washington Office on Latin America); Stanley, W., "Building
New Police Forces in El Salvador and Guatemala: Learning and
Counter-Learning" (see note 25).

29. Bayley, D.H., Police for the Future, New York: Oxford University
Press, 1994; Goldstein, H., Problem Oriented Policing, Philadelphia:
Temple University Press, 1990; Skogan, W.G., Disorder and Decline, New
York: The Free Press, 1990; Sparrow, M., H. Moore, and D. Kennedy,
Beyond 911: A New Era for Policing, New York: Basic Books, 1990.

30. Independent Commission on Policing for Northern Ireland, The Report
of the Independent Commission on Policing for Northern Ireland. A New
Beginning: Policing in Northern Ireland, (Patten Report), September 1999.

31. Call, C., "Institutional Learning Within the U.S. International Criminal
Investigation Training Assistance Program" (see note 1); Packer, H.L.,
The Limits of Criminal Sanction, Stanford, CA: Stanford University Press,
1968.

32. Van der Spuy, E., J. Geerlings, and A.M. Singh, Donor Assistance to
Crime Prevention and Criminal Justice Reform, South Africa, 1994-1998,
Capetown, South Africa: Institute of Criminology, University of
Capetown, 1998.

33. Berkow, M., "Practical Issues in Providing Police Assistance Abroad,"
in Civilian Police and Multinational Peacekeeping--A Workshop Series: A
Role for Democratic Policing, ed. J. Burack, W. Lewis, and E. Marks,
Washington, DC: Center for Strategic and International Studies and the
Police Executive Forum, 1999: 11-16; Kelly, R.W., "American Law
Enforcement Perspectives on Policing in Emerging Democracies,"
Policing in Emerging Democracies: Workshop Papers and Highlights,
Research Report, Washington, DC: U.S. Department of Justice, National
Institute of Justice, U.S. Department of State, Bureau of International
Narcotics and Law Enforcement Affairs, 1997, NCJ 167024: 25-28;
Heymann, P.B., "Principles of Democratic Policing," Paper for
Conference on Policing Emerging Democracies, Washington, DC,
December 14-15, 1995; Neild, R., "Police Reform in Haiti: The Challenge
of Demilitarizing Public Order and Establishing Rule of Law," paper for
conference on Governance in Haiti: Strengthening the State and
Democratic Development, Ottawa, Canada, November 7-8, 1996; Stanley,
W., and R. Lossle, "Peace and Public Insecurity: The Civilian Police
Component of the Peace Operations in El Salvador," in Policing the New
World Disorder, ed. R.B. Oakley, M.J. Dziedzic, and E.M. Goldberg,
Washington, DC: National Defense University, 1998: 67-108; Washington
Office on Latin America, Demilitarizing Public Order (see note 4).

34. President's Commission on Law Enforcement and Administration of
Justice, Task Force Report: The Police, Washington, DC: President's
Commission on Law Enforcement and Administration of Justice, 1967.

35. Neild, R., "Police Reform in Haiti" (see note 33); Stanley, W.,
"Risking Failure: The Problems and Promises of the New Civilian Police
in El Salvador," Washington, DC: Washington Office on Latin America
and Hemisphere Initiatives, 1993.

36. Blair, H., and G. Lansen, Weighing in on the Scales of Justice (see
note 9); Cottam, M.L., and O. Marenin, "International Cooperation in the
War on Drugs: Mexico and the United States," Policing and Society 9(3)
1999: 209-40.

37. Wedel, J.R., Collision and Collusion (see note 18).

38. U.S. Government, Interagency Working Group on U.S.
Government-Sponsored International Exchanges and Training, Annual
Report FY 1998; Marenin, O., "The Internationalization of Democratic
Policing," Unpublished paper from 1999 American Society of
Criminology Conference; Cohen, J.M., and J.R. Wheeler, "Training and
Retention in African Public Sectors: Capacity-Building Lessons from
Kenya," in Getting Good Government: Capacity Building in the Public
Sectors of Developing Countries, ed. M.S. Grindle, Cambridge, MA:
Harvard Institute for International Development, 1997, chapter 5; Stanley,
W., Protectors or Perpetrators? The Institutional Crisis of the Salvadoran
Civilian Police, Washington, DC: Washington Office on Latin
America/Hemisphere Initiatives, 1996.

39. U.S. General Accounting Office, Foreign Assistance: Rule of Law
Funding Worldwide for Fiscal Years 1993-98, Washington, DC:
GAO/NSIAD-99-158, June 1999.

40. Diamond, L., Promoting Democracy in the 1990's: Actors and
Instruments, Issues and Imperatives, New York: Carnegie Corporation of
New York, 1995.

41. Van der Spuy, E., J. Geerlings, and A.M. Singh, Donor Assistance to
Crime Prevention and Criminal Justice Reform, South Africa, 1994-1998,
Capetown, South Africa: Institute of Criminology, University of
Capetown, 1998.

---------------------------

Chapter 5

Special Lessons for Police Reform in Peacekeeping

This chapter deals with lessons that have been learned about providing
effective, humane policing in association with international peacekeeping.
Peacekeeping refers to intervention by the international community to stop
conflict within countries and then to reestablish comity and basic
government. A distinction can be made between peacemaking and
peacekeeping: the former is intervention to stop conflict; the latter,
intervention to preserve an existing but fragile cessation of conflict. Here,
however, "peacekeeping" will refer to both: interventions in strife-torn
countries where foreign agencies, national or international, both stop
conflict and help to create conditions for a durable peace. In these
conditions, the development of democratic policing faces special problems
not found when reform is instigated locally (chapter 3) or when it is
encouraged abroad through foreign assistance (chapter 4). At the same
time, it should not be assumed that police development in peacekeeping is
sui generis. Many of the lessons learned in other contexts apply here as
well, especially those dealing with changing traditional patterns of
organization and activity.

The lessons for democratic police development in peacekeeping are based
on a smaller set of experiences than in either of the two previous chapters
and should, accordingly, be considered more tentative than the others. In
fact, as we have moved from generic police reform to foreign-assisted
police reform and now to peacekeeping police reform, the range of
experience that supports the enumerated lessons has contracted
progressively.

1. In countries where effective government has ceased to exist, the
division between military and police operations during peacekeeping will
be blurred.

Peacekeepers may have to protect refugees, arrest war criminals, protect
broadcasting facilities, support electoral processes, gather criminal
intelligence, break up criminal gangs, and prevent interethnic intimidation.
In such situations, a "security gap" will inevitably emerge unless the
military is willing to serve as police until the international community
provides a civilian alternative or competent local police are created.[1]
This can be done through the military itself or through a strong
international constabulary. U.S. Army Special Forces and Military Police
provided this in Haiti in 1995.[2] The U.N.'s CIVPOL was authorized to
do the same in Kosovo and East Timor in 1999 and was armed for the
purpose.

The sort of peacekeeping that occurs in "complex emergencies," where
intervention begins with military action, has three stages--pacification,
stabilization, and institutionalization.[3] During the first phase, public
security is provided by the international military; in the second, it is
provided either by an international police force or by an interim local
police; and in the third, it is provided by a reconstituted local police.

Corollary: Because the military will have to act as police during transitions
from military to civilian policing, it must organize and train accordingly.

This requires the development and standardization of policing doctrine for
military contingents both among international donors and within the
branches of each country's military. Observers of KFOR, the NATO force
in Kosovo, for example, report major differences between the British and
French armies and between the U.S. Army and the Marines.[4]

2. Peacekeeping missions must foresee the need for interim civilian
policing and a new, durable, effective, and democratic indigenous police
force.[5]

The operative word here is "foresee" rather than "provide." Everyone
agrees that peacekeeping interventions require a "theory of engagement"
that specifies what the international community will and will not do.[6]
Decisions about the extent and form of intervention by the international
community--from pacification through stabilization to normalization--need
to be made explicitly before operations are begun.[7] Some commentators
go further and say that peacekeepers must also be prepared to provide an
interim police presence, either by its military force or by an international
civilian force. They argue that it is irresponsible, even immoral, to
intervene militarily to stop conflict and then not to use that presence to
protect the public after initial pacification.[8] The failure of IFOR (the
multinational Implementation Force charged with enforcing the 1995
Dayton Accords) and CIVPOL to prevent the forced evacuation of the
Serb suburbs of Sarajevo in March 1996 is a case often cited.

But must military peacekeeping always assume responsibility for
providing short- and long-run police protection? That is certainly
preferable on moral grounds, but if the international community won't
provide it, should peacekeeping not be undertaken at all? Is peacekeeping
an all-or-nothing proposition? Perhaps it is better to do some good than to
do none at all. The answers to these questions depend on circumstances--
the presence or absence of a negotiated cease-fire, the capabilities of local
police, the capacity of the international military, the presence of regional
support for postconflict peacekeeping, the difficulties of providing
logistical support to an international force, and the developmental
potential of the country.[9]

Corollary: The major cause of military "mission creep" is failure to
provide effective civilian policing after peacemaking.

If peacekeepers do not provide for policing, military commanders face the
dilemma of either exceeding their rules of engagement or standing by as
horrors are perpetrated. Furthermore, if their mandate is limited by both
military rules of engagement and the announcement of an exit date,
combatants will be encouraged to preserve their fighting capacity and
continue clandestine violence.

Corollary: International civilian police forces must be authorized to carry
arms and enforce the law at the discretion of country commanders.[10]

This lesson has been accepted by the United Nations for Kosovo and East
Timor and by the United States for its own civilian police contingents
under PDD-71.

Corollary: Military peacekeepers must provide logistical support to
international CIVPOL units when they are unable to do so themselves.[11]

3. For peacekeeping operations to create the conditions for a stable peace
and effective institutions of local government, there should be unity of
command between military and civil components.

There is universal agreement about this, even though the principle is far
from consistently applied. It was learned in Haiti but forgotten in Bosnia.
It appears to have been overlooked again in Kosovo, where NATO directs
the military component (KFOR), the U.N. has authority for policing, and
the Organization for Security and Cooperation in Europe (OSCE) is
responsible for police training.

Corollary: Peacekeeping requires joint planning by military and civilian
specialists, including the sharing of intelligence about conditions in the
field pertaining to public security.[12]

To implement this, the U.N. and the United States need to create combined
operational planning teams as well as combined field commands.[13] This
means appointing senior police officers to the U.N.'s Department of
Peacekeeping Operations and to any U.S. Department of Defense
peacekeeping operation.

4. Though the temptation will be great, it should not be assumed without
analysis that democratic reform must be traded off against law
enforcement effectiveness when rebuilding local police capacity.

When the military phase of peacekeeping ends, crime and disorder are
likely to increase. The sources of lawlessness are many: returning
refugees, demobilized soldiers, the prevalence of weapons, acute
unemployment, social divisions aggravated by past conflict, inadequate
communications, clandestine paramilitaries, corrupted agencies of criminal
justice, and the lingering psychological effects of prolonged violence.[14]
In these circumstances, peacekeepers may feel compelled to use remnants
of the discredited old police or demobilized soldiers untrained in policing,
turn a blind eye to righteous but overzealous enforcement of law,
encourage militant self-defense, and accede to arguments that reform will
demoralize the existing police service.

Although this sort of compromise is understandable and occurs throughout
the world whenever insecurity rises to unacceptable levels, research has
shown that reform and effectiveness are not incompatible.[15] Insistence
on community responsiveness and adherence to the rule of law can be
powerful crime-prevention strategies.[16] International reformers must
calculate carefully whether putative short-run gains in crime-control
efficiency will outweigh the losses from continued alienation of local
populations.

5. Despite pressing problems of crime and disorder, people with records of
human rights abuses must be excluded from newly formed local police
forces.

Not only may a new police force quickly become tainted by association
with discredited personnel, but old behavior patterns may also be passed
on to new and impressionable recruits. It is especially dangerous to "roll
over" whole units into the new police, even if they possess unusual skills,
such as intelligence gathering or criminal investigation.[17] They bring
with them a cohesiveness that hampers change.

There will be other pressures on recruiters besides the threat of crime.
Discipline in any police forces requires skilled supervisors, especially in
the middle ranks, but these are precisely the sort of people who will be in
shortest supply. At the same time, government will be pressured to employ
a host of demobilized combatants who will claim to have relevant
organizational skills.

6. The United Nations Department of Peacekeeping (UNDPKO) should
coordinate its work more closely with that of the nonmilitary U.N.
agencies who are active in the field, such as the U.N. Development
Program, the U.N. High Commissioner for Refugees, and the U.N. High
Commissioner for Human Rights.[18]

7. United Nations member-states need to recruit and train CIVPOL
personnel who will be available on a standby basis for rapid deployment in
peacekeeping missions.[19]

8. If the function of international CIVPOL is, among others, to create
effective, local, democratic police, its personnel must be recruited from
countries experienced in democratic practices.

The plain fact is that not all countries that are willing to donate personnel
to U.N.-sponsored peacekeeping missions are democratic.[20] Their police
are not models of responsive, humane policing. This problem is
acknowledged widely, but solving it is politically difficult. The U.N.'s
desire for broad-based representation conflicts with the need for both
competence and appropriate normative attitudes.[21]

Corollary: Except for selected specialists, the bulk of personnel deployed
in any CIVPOL operation should be generalist police officers experienced
in providing a full range of police services in response to public
demands.[22]

Corollary: Countries participating in multinational civilian police forces
should harmonize their policing doctrine and training for such
missions.[23]

This raises a related issue: whether peacekeeping police should be
deployed in country-units or in integrated contingents. The U.N. prefers
the latter in order to demonstrate a coherent international presence,
promote loyalty to the mission, and prevent special relationships
developing between particular country-units and the local police. On the
other hand, some experienced CIVPOL commanders, such as Ray Kelly,
who directed the international police monitors in Haiti, prefer the former,
arguing that country-units are more effective and that the skills of each
country's police can be better matched to local needs.

9. Although the bulk of international CIVPOL forces should be
generalists, some specialists will be needed with skills in such areas as
criminal investigation, crowd control, information systems, forensic
analysis, and election fraud.

In order to do this, the U.N. and the United States need to draft clear and
detailed job descriptions for the required skills. Because foreign as well as
American police forces vary considerably in the skill levels of their
personnel, great care must be taken to ensure that people with exactly the
right capabilities are recruited.

10. The behavior of international police personnel must be monitored
closely, and misbehaving officers should be immediately relieved of duty
and sent home.[24]

The International Association of Police Training Centers recommends that
all U.N. CIVPOL missions have an internal affairs investigation unit from
the beginning, that the standard of evidence for wrongdoing be
"preponderance of the evidence" rather than "beyond a reasonable doubt,"
and that a record of misbehavior by participating countries be kept so that
donors can be held responsible and, if necessary, dropped from the
recruiting list.

11. The training of CIVPOL personnel should feature exploration of the
legal and ethical choices that may be faced in the field, such as when laws
should be enforced, weapons displayed, force used, human rights
violations reported, fraternization allowed, and hospitality accepted.[25]

Current training in law and ethics relies very much on the lecture method
of instruction, with emphasis on written standards. Greater effort must be
made to relate international standards to the ambiguous situations that
CIVPOL personnel will encounter in the field. Role-playing, for example,
would help to draw out the operational problems in applying standards to
the real world. Trainers should also be sensitive to the cultural and
professional differences between themselves and the people they train.
Their audiences may be unprepared to recognize why particular practices
are not acceptable.

12. The creation of effective, democratic local police forces under
international auspices requires the collection of information about local
criminal justice traditions, practices, and capabilities. International
CIVPOL operations need to develop the sort of intelligence capacity
considered standard in military operations.

This point is fundamental and has arisen in previous chapters.[26]
Successful reform requires thinking through the connections between what
is done and what is to be achieved, which, in turn, requires a profound
understanding of local conditions.

13. A reformed local police force cannot be created by command. It
requires the consent of politicians, the public, and the police.

This, too, is a lesson learned in other contexts, but it takes on additional
urgency in peacekeeping. Peacekeeping involves the deployment of
deterrent power. Because peacekeepers are the biggest gorilla on the
block, they may confuse power with authority and be insensitive to local
feelings of cultural pride and national autonomy.[27] But power will be
unavailing if local participants, the ones who do the work on the ground,
do not "buy in." CIVPOL personnel must make a particular point of taking
the time to listen, persuade, and demonstrate rather than insisting,
ordering, and directing.

Conversely, CIVPOL personnel often understand very well that they are
outsiders and that they are resented because they are needed. Not wanting
to be perceived as neocolonialists, CIVPOL personnel may become too
deferential and not press hard enough for important reforms.[28]

Judgments about when to insist and when to defer cannot be made in the
abstract. They require careful, informed discussion by CIVPOL
administrators on the ground.

---------------------------

Notes

1. Oakley, R.B., M.J. Dziedzic, and E.M. Goldberg, eds., Policing the
New World Disorder: Peace Operations and Humanitarian Assistance,
Washington, DC: National Defense University, 1998.

2. Neild, R., "Police Reform in Haiti: The Challenge of Demilitarizing
Public Order and Establishing Rule of Law," paper for conference on
Governance in Haiti: Strengthening the State and Democratic
Development, Ottawa, Canada, November 7-8, 1996; Oakley, R.B., M.J.
Dziedzic, and E.M. Goldberg, eds., Policing the New World Disorder (see
note 1).

3. Sharp, W.G., "International Civilian Police: Maintaining Law and Order
in the New Millennia," Paper presented at Center for Strategic and
International Studies workshop on Civilian Police and Multinational
Peacekeeping, March 1998; Joulwan and Schoonmaker call these three
steps "transformation, stabilization, and normalisation."

4. Burack, J., "Policing in Kosovo: Putting Policing Skills to Work in
Police Operations," Subject to Debate 14 (2-3) Washington, DC: Public
Executive Research Forum, March 2000.

5. Farris, K., and J.A. Schear, "Policing Cambodia: The Public Security
Dimensions of U.N. Peace Operations, 1992-1993," in Policing the New
World Disorder, ed. R.B. Oakley, M.J. Dziedzic, Washington, DC:
National Defense University, 1996: 33-66; Lewis, B., and E. Marks, "The
Rule of Law in a Disorderly World: The Need for Innovation and Focus
Forward," Draft paper, Center for Strategic and International Studies,
2000; Pirnie, B.R., Civilians and Soldiers: Achieving Better Coordination,
Santa Monica, CA: RAND, National Security Research Division, Police
Executive Research Forum, 1998; Thomas, L., and S. Spataro,
"Peacekeeping and Policing in Somalia," in Policing the New World
Disorder, ed. R.B. Oakley, M.J. Dziedzic, and E.M. Goldberg,
Washington, DC: National Defense University, 1998: 109-46.

6. Gray, A., and M. Manwaring, "Panama: Operation Just Cause," in
Policing the New World Disorder: Peace Operations and Public Security,
ed. R. Oakley, M. Dziedzic, and E.M. Goldberg, Washington, DC:
National Defense University, 1998.

7. Bentley, D., and R. Oakley, "Peace Operations: A Comparison of
Somalia and Haiti," in Strategic Forum, Washington, DC: National
Defense University, Institute for National Strategic Studies, May 1995;
Mayall, J., ed., The New Interventionism, 1991-1994, Cambridge:
Cambridge University Press, 1996.

8. Hirsch, J.L., and R.B. Oakley, Somalia and Operation Restore Hope:
Reflections on Peacemaking and Peacekeeping, Washington, DC: United
States Institute of Peace Press, 1995; Sismanidis, R.D.V., Police Functions
in Peace Operations: Report from a Workshop Organized by the U.S.
Institute of Peace, Peaceworks series No. 14, Washington, DC: U.S.
Institute of Peace, 1997.

9. Mayall, J., ed., The New Interventionism, 1991-1994 (see note 7).

10. Sismanidis, R.D.V., "Police Functions in Peace Operations" (see note
8); Bailey, M., and N. Poulio, "Military-Police Partnership for Haitian
Public Security," in Policing the New World Disorder: Peace Operations
and Public Security, ed. R.B. Oakley, M.J. Dziedzic, and E.M. Goldberg,
Washington, DC: National Defense University, 1998: 147-76.

11. United Nations, Lessons Learned Unit, with German, Swedish, and
Norwegian collaborators, Comprehensive Report on Lessons Learned
from United Nations Operations in Somalia, April 1992-March 1995,
United Nations: Department of Peacekeeping Operations, December 1995;
Bailey, M., and N. Poulio, "Military-Police Partnership for Haitian Public
Security" (see note 10).

12. Farris, K., and J.A. Schear, "Policing Cambodia: The Public Security
Dimensions of U.N. Peace Operations, 1992-1993" (see note 5); Thomas,
L., and S. Spataro, "Peacekeeping and Policing in Somalia" (see note 5).

13. Oakley, R.B., M.J. Dziedzic, and E.M. Goldberg, eds., Policing the
New World Disorder: Peace Operations and Public Security (see note 1).

14. Call, C.T., and W. Stanley, "A Sacrifice for Peace? Security for the
General Public During Implementation of Peace Agreements," draft,
November 1999.

15. Bayley, D.H., Police for the Future, New York: Oxford University
Press, 1994; Guyot, D., Policing as Though People Matter, Philadelphia:
Temple University Press, 1991; Hornick, J.P., B.A. Burrows, I. Tjosvold,
and D.M. Phillips, An Evaluation of the Neighborhood Foot Patrol
Program of the Edmonton Police Service, Ottawa: Ministry of the
Solicitor General, 1989; Sherman, L.W., D.C. Gottfredson, D.L.
MacKenzie, J. Eck, P. Reuter, and S.D. Bushway, Preventive Crime: What
Works, What Doesn't, What's Promising, Research in Brief, Washington,
DC: U.S. Department of Justice, National Institute of Justice, July 1998,
NCJ 171676.

16. Goldstein, H., Problem Oriented Policing, Philadelphia: Temple
University Press, 1990); Rosenbaum, D., ed., The Challenge of
Community Policing: Testing the Promises, Thousand Oaks, CA: Sage
Publications, 1994; Skogan, W. and S. Hartnett, Community Policing,
Chicago Style, New York: Oxford University Press, 1997; Trojanowicz,
R., and B. Bucqueroux, Community Policing: A Contemporary
Perspective, Cincinnati, OH: Anderson Publishing, 1990; Tyler, T.R.,
"Procedural Fairness and Compliance with the Law," Swiss Journal of
Economics and Statistics 133 (1997): 219-40.

17. Call, C., "Sustainable Development in Central America: The
Challenges of Violence, Injustice and Insecurity," Paper for
USAID/European Commission Project "Central America 2020," 1999;
Stanley, W., and R. Lossle, "Peace and Public Insecurity: The Civilian
Police Component of the Peace Operations in El Salvador," in Policing the
New World Disorder, ed. R.B. Oakley, M.J. Dziedzic, and E.M. Goldberg,
Washington, DC: National Defense University, 1998: 67-108.

18. United Nations, Department of Peacekeeping Operations, "Report on
the Follow-Up Workshop on Civilian Police in United Nations
Peacekeeping," August 2, 1999.

19. Oakley, R.B., M.J. Dziedzic, and E.M. Goldberg, eds., Policing the
New World Disorder: Peace Operations and Public Security (see note 13);
Sismanidis, R.D.V., "Police Functions in Peace Operations: Report from a
Workshop Organized by the United States Institute of Peace" (see note 8);
U.S. Department of State, "Presidential Decision Directive 71,
Strengthening Criminal Justice Systems in Support of Peace Operations
and Other Complex Contingencies Sub-Interagency Working Groups,"
February 24, 2000.

20. Hartz, H., "CIVPOL: The UN Instrument for Police Reform,"
International Peacekeeping 6(4) 1999: 27-42.

21. United Nations, Department of Peacekeeping Operations, "Report on
the Follow-Up Workshop on Civilian Police in United Nations
Peacekeeping" (see note 18); Shacochis, B., The Immaculate Invasion,
New York: Viking Press, 1999; Neild, R., "Police Training," in
Washington Office on Latin America, Themes and Debates in Public
Security Reform: A Manual for Civil Society, Washington, DC:
Washington Office on Latin America, 1998.

22. Human Rights Watch, Bosnia and Hercegovina Beyond Restraint:
Politics and the Policing Agenda of the United Nations International
Police Task Force, New York: Human Rights Watch, 1998.

23. Bailey, M., and N. Poulio, "Military-Police Partnership for Haitian
Public Security" (see note 10); Center for Strategic and International
Studies and Police Executive Research Forum, Civilian Police and
International Peacekeeping, 1997; Perito, R.M., "Democratic Policing and
International Police Operations," draft, 1997.

24. Farris, K., and J.A. Schear, "Policing Cambodia: The Public Security
Dimensions of U.N. Peace Operations, 1992-1993" (see note 5);
International Association of Peacekeeping Training Centers, International
Civilian Police Planning Guide, Canada: Canadian Peacekeeping Press,
1999; Sismanidis, R.D.V., "Police Functions in Peace Operations" (see
note 8).

25. Marotta, F., "The Blue Flame and the Gold Shield: Methodology,
Challenges and Lessons Learned on Human Rights Training for Police,"
Peacekeeping 6(4) 1999: 69-92.

26. International Association of Peacekeeping Training Centers,
International Civilian Police Planning Guide (see note 24); Oakley, R.B.,
M.J. Dziedzic, and E.M. Goldberg, eds., Policing the New World
Disorder: Peace Operations and Public Security (see note 1); Shacochis,
B., The Immaculate Invasion (see note 21); Zoufal, D.R., "Restructuring
the Police in Bosnia-Herzegovina," draft, 1999.

27. Center for Strategic and International Affairs, "Civilian Police and
Multinational Peacekeeping: A Workshop Project--The Police Power in
Peace Operations," outline and papers, 1998.

28. Call, C.T., and W. Stanley, "A Sacrifice for Peace?" (see note 14).

---------------------------

Chapter 6

Lessons for American Management of Police Reform Abroad

Knowing what might be done to improve the likelihood of democratic
reform is not the same as doing it. Knowledge must be incorporated into
action, which requires changes in the way the United States manages its
programs of foreign assistance and reform. This chapter describes the
lessons that observers generally agree should be incorporated into the
administration of the Government's programs of police reform abroad.
Many of these lessons will need little explanation because they are implied
by the discussion that has gone before.

1. As with any program of planned change, American foreign assistance to
police development and reform abroad should be guided by clearly
articulated and factually informed theory connecting it and desired
outcomes.

It has become commonplace in writing about foreign assistance to say that
the United States frequently undertakes programs because they are
laudable rather than sensible. Desirability overshadows feasibility.
Moreover, the United States relies on a few overworked reform tactics,
such as drop-in courses and short visits by foreign nationals to the United
States, without any evidence that they make a difference.

Corollary: The U.S. Government should develop the capacity to plan and
implement institutional change in police policy and practice abroad.

The key word here is "institutional." Programs that might contribute to the
democratic reform of foreign police are scattered across many agencies.
None of them has impressive in-house capability to do this job. The U.S.
Department of State's expertise in this area is concentrated in International
Narcotics and Law Enforcement (INL), whose mission is international
crime-control and crime-prevention capacity-building, not reform. The
U.S. Agency for International Development (AID), haunted by memories
of the discredited Office of Public Safety, is beginning to explore the
connections between democracy assistance and criminal justice, but
cautiously. The U.S. Department of Justice's (DOJ's) assistance to police is
led by law enforcement agencies--the FBI and the DEA. They have
substantial foreign experience, but their mission is not democratic reform.
ICITAP has the right mission, but it is an orphan dangling between State,
AID, and DOJ, without the staff to do the planning required. The U.S.
Department of Defense would rather not be involved, but is beginning to
recognize that it will be.

Altogether, the U.S. Government administers programs for democratic
police reform by sleight-of-hand. The fault is not the intelligence or
motivation of the people involved. The people in these agencies are smart
and knowledgeable. The problem is the system--in particular, the
bureaucratic assignment of missions.

2. Programs designed to contribute to the reform of foreign police forces
must be based on a thorough understanding of host-country history and
practices in policing.

Information about foreign police systems, and criminal justice more
largely, is not readily available across agencies in Washington. Planning
for assistance programs often lacks relevant intelligence.

Corollary: Because the design and implementation of reform programs
requires hands-on knowledge of operational practices and traditions, the
U.S. government should rely less on consultants sent abroad for short
periods and more on people assigned to live in country for periods of a
year or more.

Not only does this lower the costs of administration, but resident managers
have greater standing with locals and can make more informed midcourse
corrections.

3. Because police reform anywhere is a long-term proposition, American
assistance programs should be planned and funded for multiyear periods.

Corollary: Assistance to foreign police undertaken during peacekeeping
operations should not be tied to military exit timetables.

A compelling moral argument can also be made, as we saw in chapter 5,
that the military should not withdraw at all until an effective police force
has been built. This would suggest that military time schedules should be
tied to civilian ones rather than vice versa.

4. In providing assistance to police forces abroad, a mechanism needs to
be created within the U.S. government to assess the programmatic balance
between law enforcement capacity building and democratic reform in
particular countries.

PDD-71 suggested this sort of collaborative assessment in directing the
U.S. Department of State to "build partnerships between Justice and
USAID that enables the USG to help establish judicial and penal systems
during peace operations that then become sustainable institutions."[1]
Such partnership is needed for programs of foreign police assistance
generally, not just those associated with peace operations.

Corollary: All programs of assistance to foreign police should be reviewed
for their likely effects on the trajectory of local political development.

Some mechanisms to this purpose are already in place: for example, the
Law Enforcement Working Groups that meet monthly at the Department
of State, country teams in embassies abroad that draft yearly mission
performance plans, and the Interagency Working Group on Democracy
under the leadership of the Assistant Secretary for Democracy, Human
Rights, and Labor. Given the generality of concern about the ad hoc nature
of U.S. planning for police assistance, however, something more would
appear to be necessary.

5. The implementation of reform assistance to foreign police needs to be
more carefully coordinated among agencies within the U.S. Government,
not only to avoid working at cross-purposes, but to avoid duplication,
simplify contact between host governments and the U.S. Government, and
enhance oversight.[2]

Although there is universal agreement among observers about the
importance of interagency coordination, there is sharp disagreement about
how to do it, in particular, about whether responsibility should be located
in a single agency or remain shared among several agencies.

6. The United States should coordinate its programs of democratic reform
in particular countries with other donors, both public and private, during
the planning as well as the implementation stage.

Designing programs in isolation from other international actors guarantees
wasted effort and resources. It also confuses host governments about what
should be done.

7. Programs of democratic police assistance must include measures for
building support for reform among political leaders as well as society at
large.

8. The U.S. military should not assume police responsibilities as part of
peacekeeping operations except for short periods of time in transitional
situations.

Corollary: Because the U.S. military will occasionally participate in
civilian policing, it should standardize its training in this regard across the
services.

9. The design and implementation of democratic police development
programs should be done largely by police and civilians experienced with
State and local policing in the United States.

The Federal Government is responsible for foreign policy and therefore for
America's police assistance abroad, but it has limited police resources and
expertise of its own to deploy in support of that policy. Federal agencies
such as the FBI and the DEA are not full-service police forces responsive
to calls for assistance from the public. They specialize in criminal
investigation and selective law enforcement at the direction of Congress
and the administration of the day. Although Federal personnel are as
democratic in their normative orientation as State and local police officers,
their mission equips them more for assisting the development of overseas
law enforcement capacity than in the design and reform of civilian
public-service policing. The challenge for the Federal Government, then,
is to find ways to mobilize the immense fund of knowledge and
experience residing in State and local police forces.

10. Programs of assistance to foreign police should be conducted in full
public view and subject to systematic congressional oversight.

At the moment, assistance to foreign police is provided through a series of
exemptions to section 660 of the Foreign Assistance Act. There is no
"positive institutional mandate" with respect to police assistance.[3] As a
result, there is no coordinated congressional supervision.

Corollary: Foreign assistance to police should rarely be provided
clandestinely, and then only under carefully monitored conditions.

11. The United States should develop a CIVPOL reserve that can be
mobilized quickly for deployment abroad.

This has been called for by PDD-71, although the statutory basis for doing
so has not been developed.[4]

12. Agencies involved in providing foreign assistance to police should
develop the capacity to evaluate the success of every mission and draw
from them lessons about improving performance. In particular, they
should debrief participants returning from overseas assignments, including
service in peacekeeping operations, for their insights.

The U.S. Department of Defense does this routinely. It is no less important
for civilian police assistance programs designed to expand the possibilities
for democracy around the world and to protect the United States from
transnational crime.

---------------------------

Notes

1. U.S. Department of State, "Presidential Decision Directive 71,
Strengthening Criminal Justice Systems in Support of Peace Operations
and Other Complex Contingencies Sub-Interagency Working Groups,"
February 24, 2000.

2. Cordone, C., "Police Reform and Human Rights Investigations: The
Experience of the UN Mission in Bosnia and Herzegovina," International
Peacekeeping 6(4) 1999: 191-209.

3. Lewis, B., and E. Marks, "The Rule of Law in a Disorderly World: The
Need for Innovation and Focus Forward," draft paper, Center for Strategic
and International Studies, 2000.

4. Center for Strategic and International Affairs, "Civilian Police and
Multinational Peacekeeping: A Workshop Project--The Police Power in
Peace Operations," outline and papers, 1998; U.S. Department of State,
"Presidential Decision Directive 71" (see note 1).

---------------------------

Chapter 7

Conclusion

This report has collected and summarized what has been learned about
how police can be changed so as to support democracy, particularly
through programs of assistance to police in other countries. Changing the
police abroad to promote democracy is a four-step process: design of
assistance programs, implementation overseas, incorporation by the
foreign police, and impact on political democracy. This is a long row to
hoe, and the chances of making a major contribution to the fortunes of
democracy abroad through such programs are not great. Moreover,
experience has repeatedly shown that assistance programs do not make
foreign governmental institutions more democratic unless those countries
are already engaged in democratic transitions. This is true for costly
military interventions as well, even when they are followed by multilateral
attempts to create new police institutions.[1]

In his masterful account of American efforts to promote democracy in the
1990s, Thomas Carothers says that America's rule-of-law programs have
been "difficult and disappointing."[2] Philip Heymann, a former Deputy
U.S. Attorney General who has been instrumental in American criminal
justice reform efforts abroad, thinks that the best that can be achieved is a
"fairly robust dialogue" about the advantages of democratic practices.[3]
Rather than dramatic shifts to democracy, the United States may have to
be content with creating "fragments of democracy" and reinforcing
democratic "trajectories and increments."[4]

Overshadowing even these slender prospects is the proven possibility that
assistance programs to foreign police can have negative effects on
democratic development by strengthening the capacity for repression.[5]
In sum, the ability of the United States to assist democratic development
through programs of police reform and assistance is very limited.

Prospects are brighter but by no means certain for programs designed to
enhance the law enforcement effectiveness of foreign police. After
reviewing many studies in the 1990s, Mary Hildebrand and Merilee
Grindle conclude that "investments in capacity-building initiatives have
not paid off in terms of improved effectiveness overall or higher levels of
organizational performance."[6] Although the introduction of equipment
and managerial technologies often seems sensible, indeed fundamental, its
contribution to the enhancement of local law enforcement effectiveness is
not assured.

If the U.S. Government is going to achieve even modest success at either
democratic reform or law enforcement capacity building, policymakers
need to make the right choices with respect to program objectives, the
substance of assistance programs, and the way they are administered.
Fortunately, there is a growing body of experience about these elements,
most of it derived from programs of change within established
democracies.

During the 1990s, a consensus developed internationally about the norms
of democratic policing. Few people would disagree with accountability,
protection of human rights, and transparency, and most would accept the
importance of developing a service orientation. The elements of
democratic police reform are no longer problematic. Uncertainty and
confusion arise, however, with respect to the content and conduct of
foreign police assistance. Despite a wealth of experience that grows daily,
the insights of people involved in these processes have not been collected
or analyzed.

What is needed is a new sort of evaluation to accompany programs of
police assistance. It must go beyond auditing accounts or counting
activities undertaken--such as the number of courses given, computers
installed, fax machines connected, forensic kits distributed, or visitors
invited to the United States--to explore whether what is done and how it is
done produces the effects intended. To do this informatively, evaluation
must not be done prematurely, before assistance programs have had time
enough to make an impact. Institutional change takes time, which often
frustrates the desire of donors for quick and demonstrable results.
Furthermore, the requirements of evaluation must be foreseen from the
beginning, so that baseline information can be collected along with a rich
description of the implementation process.

Although informative evaluation cannot be quick, it need not be complex
and costly. Assessments of the effects of assistance programs on police
practices--their "outcomes"--can be made through qualitative observations
by independent experts.[7] It doesn't take long for experienced people to
determine whether community policing programs are real, abuses of
authority minimal, patrol officers responsive, the public cooperative,
management open, operational decisions based on adequate information,
and police activities open to public inspection. Appraisals of the process of
implementation of assistance programs--their "outputs"--need to draw on
the observations of both independent observers and involved practitioners.
At the moment, the most underused of these are the practitioners
themselves, both outside change-agents and the police officials with whom
they have worked. The people who do assistance work, both at home and
abroad, know a great deal about what works and what doesn't, but this
knowledge isn't being captured. Their insights and observations can be
collected through interviews designed to encourage participants to reflect
on what they did, what went right and wrong, and why. These interviews
should be structured but open-ended. And they should be conducted
orally; written surveys will not be responsive enough to situational
variations.

The most important lesson for police reform anywhere is that human
nature--meaning the interests of the people through whom reform will
occur--must be taken into account. For reform efforts to succeed, human
interests, which reflect particularistic attitudes and traditions, must be
understood and then explicitly accommodated, utilized, redirected, or
overridden. Reform cannot be done by remote control, by people who are
not intimately familiar with the local human context. Reform is
fundamentally a political undertaking.

This is also true with respect to improving the process whereby American
police assistance is designed and implemented. Incorporating the lessons
enumerated in this report will require changing the way American
institutions provide foreign assistance. Raising the prospects of success in
assisting foreign police forces to become more democratic requires clever
management at home as well as abroad. Reform is a messy human
business for both donors and recipients.

---------------------------

Notes

1. Barkan, J.D., "Can Established Democracies Nurture Democracy
Abroad? Lessons from Africa," in Democracy's Victory and Crisis, ed. A.
Hadenius, Cambridge: Cambridge University Press, 1997: 371-403.

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