Understanding SSG/R in the OSCE context

Accountability is the responsibility of duty bearers (the State and its security sector institutions, who hold the monopoly on legitimate use of force) towards rights holders (individuals and communities) in meeting their security needs and the existence of fully functioning oversight mechanisms to provide adequate checks and balances. Accountability in the security sector is pursued through internal and external mechanisms of control and oversight to ensure compliance with standards of conduct, integrity and legal obligations for the discharge of security functions. Internal formal control mechanisms can consist of disciplinary and other sanction procedures connected to the adherence of personnel to codes of conduct and other rules and procedures related to the provision of security services. External oversight typically focuses on compliance with standards of the rule of law and human rights and are exercised through formal democratic civilian control (e.g., by parliaments and national human rights institutions) and informal control and monitoring (e.g., by civil society, media and academia).

Transparency is a key element of accountability. A transparent security sector is one in which the necessary information is freely available and accessible to those who will be affected by decisions and their implementation. Moreover, the process of planning, programming, budgeting and implementation of security sector institutions is publicly available and adequate. Instances exist in which limitations in transparency are legitimate, and these are principally for the protection of state secrets or individual privacy.

Security sector institutions fulfil their respective mandates to a high professional standard according to the diverse needs of all segments of society. Institutions work efficiently, making the best possible use of public resources – for example, by ensuring adequate organizational and managerial capacities, professional leadership, integrity of staff, sound financial management and planning, among others.

All security sector institutions are accountable and subjected to laws that are publicly promulgated, equally enforced, independently adjudicated and consistent with international human rights norms and standards. Rule of law also requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency. In practice, this means that the use of force and the mandates of different security sector institutions are clearly defined by law and that their activities are compliant with human rights standards. The rule of law is relevant to security sector governance as it provides safeguards against arbitrariness by security sector institutions and, at the same time, safeguards for justice in case of human rights violations by members of the security sector.

Respecting and protecting human rights is a core function of security sector institutions, and as such, should inform the approach of relevant actors in providing security to the communities they serve. The right to a fair trial, the absolute prohibition of torture, the right to non-discrimination and the right to freedom of peaceful assembly are, among others, all directly relevant to the work of security sector institutions. Security sector institutions that respect and protect human rights enjoy public confidence, making their work more effective and conducive to stability in a given society. The respect for human rights and fundamental freedoms is an integral element of the Helsinki Final Act and the OSCE’s regional security framework. As stated in the Charter of Paris, protection and promotion of human rights is the first responsibility of government; respect for them is an essential safeguard against an over-mighty State.

Gender plays an important role in societal inequality, as it puts women, men, boys and girls in different positions of power, risk, security and insecurity. For example, women, men, boys and girls have different needs and experiences when accessing security and justice services. Therefore, security sector institutions need to integrate a gender perspective throughout their work to effectively respond to different needs and avoid perpetuating discrimination. Achieving gender equality involves a positive obligation to transform unequal power relations; to address the underlying causes and structures of gender inequality, including discriminatory norms, prejudices and stereotypes; and to transform institutions that perpetuate discrimination and inequality. Security sector institutions must uphold gender equality within their own structures through inclusive policies and practices that promote the recruitment, retention and promotion of women and under-represented groups. Likewise, they must create conducive environments that are free of harassment and abuse and that address gender stereotypes that hamper effective security delivery.

All persons of all backgrounds have the opportunity to participate in decision-making and security provision on a free, equitable and inclusive basis, either directly or through legitimate representative institutions. Security sector institutions should also be representative of the communities they serve and ensure equal participation and representation – at all levels, including in senior management positions – of women and other underrepresented groups (e.g., ethnic and other minorities).

Institutions are sensitive to the different security needs of all parts of the population and perform their missions in the spirit of public service, without discrimination. They recognize that the security needs of men, women, boys, and girls vary and actively apply gender and youth perspectives in executing their mandates.