Democratic Policing After Ethnic Conflict in the Balkans:
a Solution or Utopia?

Introduction

After the breakup of the Yugoslav Federation, the fragile interethnic balance in the Balkans collapsed and fighting between the ethnic groups erupted. In the reconciliation period within a peace-building context, in close co-operation with the national authorities, international organizations and other partner organizations took initiatives to increase citizens’ trust and confidence in law enforcement, and to develop the institutional foundation upon which a community-based, multi-ethnic, and democratic police service can be built. After the reconciliation, a road map was created to re-establish the rule of law in the crisis regions and at the same time constitutional, legal and administrative changes that would strengthen multi-ethnicity and democracy were mandated. The steps to be taken to ensure the functioning of democratic structures and the development of a civil society respecting ethnic identity were outlined in the cease-fire agreements. Therefore, policing matters were seen as an important field to reform in those war-torn countries. International police experts have been deployed to monitor, mentor, and advise those countries’ police forces. In particular, the Organization for Security and Cooperation in Europe (OSCE) and the United Nations (UN), and lately the European Union (EU) have been working to establish new police forces that are organized and functioning according to internationally recognized standards of democratic policing in conflict-torn Balkan countries.

This form of law enforcement is based on both European human rights standards and on policing procedures according to the constitution and laws of the country with the basic focus on the principles of democratic policing. Although there are several definitions for democracy, in general, when it comes to democratic policing, Jones et al. (1996) clearly identify a set of values that includes participation, responsiveness, sharing of information, distribution of power, the notion of redress, effective delivery of services, and equity. Under the UN’s Code of Conduct for Law Enforcement Officials, it is stated that “every law enforcement agency should be representative of and responsive and accountable to the community as a whole” (United Nations, 2007). These principles are fundamental to policing in democracies. However, when attempting to reform failed policing organizations in the Balkans, reformers and local law enforcement agencies have been faced with several problems regarding democratization.

A. Representative Policing

In a democratic country, the public is expected to participate in the policing of the community in order to reduce, prevent, and detect crime. As links between the police and the community are strengthened over time, the ensuing partnership will be better able to pinpoint and mitigate the underlying causes of crime (Bureau of Justice Assistance, 1994) and even ethnic conflict. Community involvement in policing has been a cornerstone of security and crime reduction in many countries and so, developing trust between members of the police services and the community is a key mechanism in defusing tension and increasing the effectiveness of crime prevention in democratic societies.

In order to attain this partnership, police officers should be representative of the community they serve. In an environment which is characterized by ethnically motivated hatred and societal mistrust, police forces must be constituted of members of each group in the population. If not, the population groups – at least the minorities – will not have confidence in the security force, and will either flee or rely on vigilantism (Center for OSCE Research, 2002, p. 2). So, minority groups must be adequately represented in police agencies, through fair and non-discriminatory recruitment policies, and through policies designed to enable members of those groups to develop their careers within the agencies. In order for law enforcement organizations to maintain their level of legitimacy, the organizations must reflect the population to be policed (Jackson & Lyon, 2001, p. 576). Thus, developing a multi-ethnic police force is a major step towards rebuilding public confidence in the police in Balkan countries. If a police organization resembles the public (in terms of ethnicity, religion, language, and regional affiliation) there will be better police relations between those who police and those who are policed (Jackson & Lyon, 2001, p. 577). Providing fair and effective policing to all members of society - regardless of age, gender, ethnicity, or religion - is one of the keys to increasing public safety and democracy culture. So, the objective has been to train multi-ethnic police forces to serve in these volatile areas in a manner consistent with the principles of democratic policing. This is considered an important factor in facilitating the (re)- acceptance of the regular police in the former crisis areas.

This is of great importance since “if an officer perceives the community as threatening and as an enemy, then the behavior exhibited by the officer will in turn be hostile, aggressive, and biased” (Ron, 2000). Likewise, if an officer perceives the community as supportive and as an ally, then the officer will be more cooperative with the citizens and develop plans and tactics that are conducive to building cooperative relationships within the community (McGahan, 1984). Therefore, improving the ethnic composition of the police force and restoring the police presence may go some way towards reducing the sense of discrimination felt by many ethnic minorities towards government institutions. The provision of an ethnically mixed police force based on proportional representation may reduce ethnic tensions and help in further stabilization.

However, the establishment of ethnically mixed police forces within multi-ethnic societies presents some challenges. First, the environments that police officers in wartorn Balkan countries work within are often hostile to policing efforts. The revolutionary climate, terrorism, a militarized public, organized crime, vigilantism and political pressure, as well as dissidents protesting for equal rights and representation, economic equality, and religious rights are all environmental obstacles to routine policing efforts (Kowalewski, 1991, p. 127).

Another challenge appears in recruitment and training practices. If the trainers do not fully understand the principles of democracy and are not from a democratic government, then the idea of citizen participation, the importance of the right to vote, and the exercising of individual freedom may not be translated to the new recruits (Jackson & Lyon, 2001, p. 572).

A third challenge appears between the majority and minority groups. There are also already worrying signs that the ethnic majority tends to see these reforms as a capitulation to minority interests and as a threat to the country’s statehood, under heavy international pressure.

B. Responsive Policing

The police agency working under the idea of democracy is expected to be aware of and responsive to the needs and expectations of the community. The public wants and counts on the police to prevent and detect crime and to maintain public order. The police must also consider the ways in which the public requires those objectives to be obtained (lawfully and humanely) and the specific needs and expectations the public has at any one time and in any one locality (OSCE, 2002, p. 7). Therefore law enforcement officials, particularly in Balkan countries, must be extremely sensitive to this while on duty, must serve the community and protect all citizens, without discrimination, against illegal acts, and generally behave in a manner that is consistent with the high degree of responsibility required by their profession.

C. Accountable Policing

No person or institution is above the law and all are subject to the law. This is especially true for the post-conflict Balkan countries’ police; enforcers of the law are accountable to the law. The police are accountable for those officers who break the laws protecting human rights. There is no occasion when breaking the law for the purpose of law enforcement is justified. All police officers are accountable under the law not only for their own acts but also for omissions in the carrying out of their police duties. Likewise, they are accountable for damages incurred to property and/or citizens when enforcing the law (OSCE, 2002, p. 7). The democratic accountability of the police forces in the participating states is key in keeping the stabilization and the security in the OSCE area (Karaosmano lu, 2006, p. 2).

The concept of accountability is extremely important to post-war-torn Balkan countries and it should not be limited just to police officers on duty. The previous records of police officers in regard to war crimes should be taken into account. This is especially important because many police officers who were involved in massacres and even in genocides during the Bosnian War are still free. For instance, some police chiefs who actively took part in the Srebrenica genocide have continued to occupy their positions as police chiefs in Bosnia. As a result, the survivors of the genocide have been re-victimized and lost their confidence in the police. “If the same leaders that were responsible for abuses and torture inflicted upon the population are still in power, consent will not be forthcoming and legitimacy will be scrutinized” (Jackson & Lyon, 2001, p. 570). This situation is obviously one of the biggest obstacles to attaining accountable policing in the Balkans.

Conclusion

An international engagement in the Balkans after the ethnic conflicts was followed by the deployment of peacekeeping missions. Some projects were implemented to address some of the structural problems. The international community desires a process that would ultimately provide these countries and the police service with officers who are of the highest moral character and dedicated to the service of all citizens. The international community’s contribution in shepherding police reform has been critical in bringing the police up to European standards. In the long run, the objective of international assistance is to guide and prepare the Balkan countries for EU membership (Hatay, 2005, p. 18).

In a democratic country, police officers must guarantee the rights of all people, maintain an environment where they are safe and secure, and continuously provide quality services to the people they serve. Hence, discussions about the responsive and accountable policing in upholding the rule of law and due process in the criminal justice system are a crucial stage for the International Community to reach. The reason is clear: democratic policing and law enforcement, or more broadly speaking, the criminal justice system, has a significant role in democratic countries.

For democracy to flourish, the Balkan people must have faith in the fairness, effectiveness, and independence of the police. For this purpose, first, law enforcement needs to ensure not only that there are adequate numbers of police officers, properly representative of the population, but also that police officials have the willingness and the capacity to carry out democratic policing in a democratic political system.

Second, in a democratic society, the police are the guardians of law and order and of human rights and freedoms. In addition to keeping the peace and protecting public safety in the interest of society at large, they also help to guarantee individual and collective freedoms, to protect people and their property, and to defend the institutions on which their very legitimacy is founded. A democratic police service is one that conducts its policing in a fair and impartial manner. This fair and impartial treatment by the police toward all members of that society wins the respect, support, and cooperation of the citizens.

Democracy may be assumed as the longterm solution for preventing conflict within Balkan countries. Often, the main goal of reformers is to implement a democratic policing mechanism that will eventually create a democratic society where citizens are free to vote in an open and fair election. The problem with this approach is that failed states often do not have a history of democratic institutions. Indeed, frequently, those reconstructing order and rule of law are attempting to implement a democratic police force inside a non-democratic state (Jackson & Lyon, 2001, p. 571).

There is still debate on whether democracy is a key factor for long term peace in postconflict states. Jones and colleagues (1996) point out that to use democracy as a band-aid whose meaning is self-evident and whose worth is incontestable is a mistake. Police reformers often push for the police in failed states to provide security with the goal of one day holding an election, as if the only way to hold power in non-democratic states is to be voted in. Oliver (1993) expands on this argument when he points out that even if “democracy” is achieved, the problems will remain because they are not issues of democracy, they are issues of a divided society, and even if the public were allowed to participate in the vote, they would be quickly reminded by their economic and social positions that they are not allowed to participate or influence policy in other areas of government (Jones, Newburn, & Smith, 1996).

Therefore, implementing democratic policing in those countries will take time and immediate results will be limited. So, both political support and the appropriate amount of time must be allowed for the full implementation of a culture of democracy and for new policing methods to become effective. Although many police officers may perceive democratic policing as just a game to play under international pressure, EU membership will play a tremendous role to overcome this dilemma.

Balkan countries are on a continuing journey to democracy and are working towards becoming more and more democratic in all facets, including their police services. While there are some positive changes, as seen in police organizations, these encouraging developments should not lead outside observers to underestimate the depth of division, conflict, and distrust among ethnic groups. The resources and attention devoted to the establishment of a professional, modern, and multi-ethnic police service have yielded results in some countries. And, while solid commitment and very significant efforts have been demonstrated by all parties concerned, nevertheless, there is still much work to be done. Unless economic development and other rewards of peace reach everywhere, to the majority and the minority peoples, there is a risk of further polarization and potential renewed conflict. However, for instance, “it can nevertheless be concluded that an agreed political framework for reconciliation does exist in Macedonia, at least for the time being” (Hatay, 2005, p. 92).

To sum up, the forward-looking peace agreements pacified the countries but did not dispel the underlying problems in the complex conflict structure of the societies. Today, the gap between the main ethnic groups is still huge. Therefore, after international security forces have withdrawn, the local police must have both the ability and the will to prevent human rights violations, to protect democratic institutions, and to resolutely fight corruption, organized crime, and terrorism. The ability to provide for public security is one of the basic preconditions for socio-economic stabilization of crisis regions (Center for OSCE Research, 2002, p. 2)

*4th Grade Chief Superintendent in the Turkish National Police

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