September

Restructuring the Egyptian Police Sector: A genuine attempt towards reform, or an insincere effort?
by Sally Roshdy and Wessal Montasser

Security sector reform (also known as SSR) is one of the

most pressing challenges of the transitional period in Egypt, and of particular concern is reform of the police sector, as this institutions corrupt practices helped paved the way for the outbreak of the revolution. The January 25th revolution took place on the national holiday commemorating Egypts police force to send a message reflecting the great extent to which Egyptians had suffered from police brutality. For this reason, some protesters targeted and attacked police stations during the height of the revolution in an attempt to avenge their suffering. The importance of addressing these issues continues in the post-Mubarak period, particularly in light of the Ministry of Interiors plan, which was announced by the Minister in February of this year, to take steps towards reforming and restructuring Egypts security sector. Additionally, SSR is one of five priorities in President Morsis 100-day plan to rebuild Egypt, which particularly focuses on returning police presence to Egypts streets to combat the security vacuum created during the transitional period. The problem of the police sector is associated with its general lack of respect for human rights when dealing with citizens. Moreover, state security officials and high ranking police officers have often disregarded their duty as service providers and have instead relied on fear tactics to intimidate the public. Egypts police force has also failed to adhere to its mandate as outlined in the Egyptian Police Act No.109 of 1971, which stipulates that the primary responsibility of the police is to preserve order, public security and morality, to protect lives and property and particularly to prevent crimes and seize criminals. It is also responsible for ensuring peace and security for all citizens in all sectors, and for performing all of its duties as stipulated by laws and regulations. Despite all of this, the police force was used by Egypts most recent ruler as a tool to suppress opposition and preserve his own security at the expense of the safety and security of the citizens. The problem of the police sector is associated with its general lack of respect for human rights when dealing with citizens. Moreover, state security officials and high ranking police officers have often disregarded their duty as service providers and have instead relied on fear tactics to intimidate the public. The lack of oversight of the security sector, whether by the legislative branch, civil society or other actors, contributed to the lack of professionalism within the police force during the former regime. Egypts last parliament had discussed several draft laws regarding police reform, yet the only one that passed exclusively dealt with the living conditions of police officials and affirmed their rights, without addressing the critical issue of improving police-citizen relations. Civilian initiatives towards have mostly focused on creating a new social contract between the people and the police by taking measures such as dismissing members of the previous regime through the establishment of a new body responsible for holding perpetrators accountable. These initiatives also advocate recognition of inherent human rights when dealing with citizens. Restructuring the police sector requires genuine political will in order to ensure that it performs its duty as a civic body responsible for ensuring the safety and security of all citizens. Towards this end, the curricula of police academies need to be reviewed in order to change the institutional culture of the police force.

Related to the lack of professionalism within the police Sector force is the general lack of oversight of the security sector. Prior to the revolution, parliament did not play a clear role One of the central demands of the revolution was reform in overseeing the police sector. Considering that the of the police sector; as a result, various initiatives majority of the members of parliament under the previous towards meeting this objective have been introduced by regime were members of the National Democratic Party various political actors. Most of the initiatives presented (NDP), responsible and legitimate oversight of executive by CSOs have focused on creating a new social contract powers, including that of the security sector, was between the people and the police by taking measures extremely limited. Despite the fact that the parliament such as dismissing members of the previous regime elected after the toppling of Hosni Mubarak enjoyed a through the establishment of a new body responsible for greater role in executive oversight, it still failed to make holding perpetrators accountable. These initiatives also any significant achievements in overseeing the security advocate recognition of inherent human rights when apparatus and holding security officials accountable. For dealing with citizens, fundamental respect for the rule of example, when parliament used one of its executive law, and recognition that the Interior Ministry is a oversight tools available by calling the Minister of Interior statutory civil body mandated to preserve security and to before the parliament for questioning regarding several respect public freedoms and rights. These CSOs also critical security issues (most notably the Port Said stadium advocate for greater public oversight of the police. massacre), it failed to withdraw confidence from the Minister or even to reach a founded Initiatives from Parliament: conclusion on the Port Said case. Another Egypts last parliament had discussed several draft laws factor contributing to the lack of oversight of "Civil society oversight of the security sector is that the Investigation regarding police reform. Some drafts the police is necessary to and Oversight Department within the presented by members of parliament in guarantee that it fulfills Ministry of Interior lacks institutional collaboration with civil society organizations its commitment to respect independence and is subordinate to the called for the elimination of military trials for dictates of the Interior Minister. Moreover, human rights and avoids civilians (replacing these trials with antagonizing Egyptian the shortage of information about this disciplinary boards), department makes it particularly difficult to citizens" assess its performance. With regards to the role of civil society, although civil society organizations (CSOs) can play a crucial role in security sector oversight (as they are often highly capable of documenting abusive police practices), they do not currently provide significant oversight due to the absence of any legal mechanism that would enable them the right to effectively do so. Thus, CSOs continue to condemn police-related human rights violations without having the opportunity to enforce procedures to actually change the reality on the ground. There has also been a lack of the political will necessary to provide civil society with the opportunity to fulfill this oversight role. Integrating civil society into other efforts toward security sector oversight should now be a priority in order to guarantee that security officials are professional and respect human rights, and in order to preserve the dignity of Egyptian citizens. as well as adopting career progression for police officers to honor ranks (ranging from Lieutenant to Major and further promotion to the rank of General). They also discussed creating a new officer cadre for members of the police force who do not hold a Bachelor's degree in Law. A draft law amending the Police Act of 1971 was presented by the government and approved by Parliaments Defense and National Security Committee. This draft legislation included five pay schedules raising the annual basic wage, as well as providing annual bonuses for the several members of the police force, including officers, agents, privates, and patrolmen. It is important to note that this draft law exclusively dealt with the living conditions of police officials and affirmed their rights, without addressing the critical issue of improving police-citizen relations.

Current Approaches to Restructuring the Police

Another draft law suggested restructuring the Supreme Council of the Police and expanding civil participation in decision making inside the Interior Ministry by giving more authorities to this council (which would include legal experts, human rights activists, and judiciary members from outside of the Ministry of Interior). This draft law also emphasized the idea that the duties and responsibilities of police officers include "protecting citizens' human dignity." It also suggested improving work conditions inside the force, limiting discrimination, codifying the use of force and firearms while restraining the use of weapons for the purpose of killing or shooting to disperse demonstrators. These suggestions were based on introducing the principles of proportionality and necessity concerning the use of force by the police. Articles in this draft law also called for abolishing the Central Security Forces and transferring its members to the Security Directorates. Additionally, the draft law suggested moving the National Security Investigations Apparatus currently affiliated with the Ministry of Interior, to the Egyptian Cabinet given its role as a body responsible for collecting and analyzing information.

Therefore, it is crucial to establish an independent body that includes human rights activists, lawyers, and representative of CSOs in this field to adopt the responsibility of reforming the police sector. These civil society representatives possess the knowledge and credibility to express their views on police reform in light of their experience pursuing justice when dealing with security issues, particularly those dealing with torture cases and other violations that were committed in the past against Egyptian citizens. This body should also be obligated to present periodic reports on the progress of the police reform process and to take into consideration the shared recommendations of different initiatives.

Initiatives from the President:

Developing and improving the security sector is one of the five primary issues emphasized in President Morsi's 100-day plan, and inclusion of this issue is based on the fact that human rights

This final suggestion is consistent with "The committee in one of the recommendations of this paper. charge of the restructuring process is and basic freedoms are essential principles to It is important to note that that parliament headed by the director of the foundations of security, justice, and discussed some of these draft laws in the the Supreme Council of collective peace. According to the President's absence of the Ministry of Interior, which the Police and includes program, the following are crucial to the development of the security sector: sometimes deemed it sufficient to send a some of the minister letter to the parliament explaining that the assistants, without 1. Amending and developing the Police Act in restructuring committees had not yet having any members accordance with the latest systems and finished their work. This is despite the who come from outside approaches worldwide, with consideration of fact that the restructuring plan of the the police force" social living conditions and a commitment to Ministry of Interior, in its fourth segment, both transparency and popular oversight. highlights the importance of examining needed legislative 2. Re-planning human resources management and legal amendments to the Police Act. Thus, the Ministry within the Ministry of Interior, the body of Interiors absence during these relevant parliamentary responsible for caring for the employees discussions makes evidence the serious gap between the within the ministry (including civilians, work of these two institutions and reveals the Ministrys privates, commissioned officers and lowlack of cooperation with parliament on the restructuring ranking officials) on the material, moral, and process. Moreover, the Ministry of Interior did not provide psychological levels, and with providing them any reports to parliament on the progress of restructuring social support from the government, efforts, which the Ministry has been pursuing without any parliament, and media. involvement from external parties. Additionally, the 3. Preparing security members for service by committee in charge of the restructuring process is headed reviewing the curricula of both the police by the director of the Supreme Council of the Police and academy as well as different police institutes. includes some of the minister assistants, without having any members who come from outside the police force.

are affected greatly by the attitudes and perceptions of the average citizen towards the general security presence and prospects for greater stability. With this in mind, the Ministry of Interior should commit to working on the various levels necessary to complete a comprehensive restructuring process. "Establishing an 4. Restructuring the organization of general We are well aware that bringing about real departments and administrations subjected to the independent body change to Egypts security sector must be comprised of human Ministry of Interior by combining rights activists, lawyers, a long-term process. Two essential administrations with similar purposes, components of this process are transferring certain administrations and councils and representatives of acknowledging the necessity of security relevant civil society subordinate to the Ministry of Interior to organizations to followreform, and acknowledging the Ministrys exterior bodies or ministries, and abolishing the restructuring of the previous mistakes. These some administrations if suitable alternatives police sector would be a acknowledgements will help pave the exist. significant step towards way for the continuity and completion of 5. Updating police equipment and supplies and the reform" providing a beneficial work environment for police officers, while preserving the dignity of reform process, even after the transition period has both the policeman and the citizen. come to an end. Therefore, the Ministry of Interior 6. Establishing the proper legal framework, a stop being unwilling to admit responsibility and must prerequisite to implementing good governance in stop making claims about being one of the Egypt's the security sector, which would allow this ministries that is foremost in holding its members sector to be held accountable for its accountable. Admitting fault is a necessary step performance. This legal framework should also towards genuine reform and towards changing the clearly define the roles of the various security institutionalized culture of the police apparatus that bodies and their duties, along with the privileges has long been based on intimidating citizens into of these bodies and their members. It should also submission. This sort of behavior can be attributed to identify the restrictions on their powers and the relationship between the police sector and the precisely define the roles of the institutions that previous political regime, which overlooked the fact direct and oversee these bodies. that the public pays for police wages, thus making the The current prevalence of thuggery, the blocking of main roads, and daily firearm scuffles reflect the security vacuum and general state of lawlessness present in Egypts transitional period. This unstable environment, along with the absence of a legislative authority after the dissolution of parliament, could seriously affect the implementation of these various security reforms outlined by President Morsi. police in service and accountable to the people. This failure to promote accountability has led to the development of a superiority complex among police officers who believe they are free from accountability and cannot be criticized by the people.

This should be done in conjunction with updating training programs in order to develop police officers capable of performing their duties efficiently and effectively within a proper police culture (contrary to the police culture prevalent before the revolution).

Policy Recommendations
Restructuring the police sector is a complex process that involves multiple parties with varying viewpoints and sentiments. The complexity and diversity of opinion regarding security sector reform should compel individuals involved to consider several factors impacting the situation to be able to best move forward. In light of this, we offer the following policy recommendations to the various parties involved.

The Ministry of Interior: Between Reform and Restoring Security

There is no doubt that the Ministry of Interior is attempting to control and fight crime through its intensive security campaigns across the country. These attempts to restore security and stability

Recommendations to Parliament:
The parliament plays an essential role in setting and overseeing the implementation of public policies, including those concerning the security sector. Therefore, the parliament should consider the following;

or reward for particular actions. In the context of this many-staged complexity of security policy, we offer the following recommendations to security-focused policy makers: Reduce the length of study at the Police Academy to one year. Given that the police force is a civil body according to the Police Act, it would be highly beneficial to any citizen aspiring to become an officer to first receive a civilian university-level education in a particular field before he joins the police academy. Then, at the academy, he/she could receive the required training specific to serving in the police force. Graduating from a regular university before being admitted into the police academy would make police officers more qualified for work in other sectors, and thus would help minimize the problem of unemployment after they finish their mandatory service. Additionally, human rights curricula

Take into account the strong relationship between rights and duties when discussing draft laws on police sector reform. This should be done to guarantee both citizens and police officers their complete rights while committing them to their duties towards one another. Closely follow the police restructuring process. This should be achieved by taking site visits to institutions being reformed or by establishing an agreement with the Minister of Interior to receive a periodic report on the progress of this process. Parliament should also work to convince the ministry to include civil "Attending and parties in the process as was previously graduating from a regular should be taught during various stages of education in order to inform both citizens suggested in this paper. university before being and police officers about their rights and Review the laws of the police force, admitted into the police duties. especially the Police Act and Penal Code. academy would make The revision of these laws will help resolve police officers more Provide more training opportunities for issues that could arise when calling for qualified for work in other members of the police force to learn about police practices that are consistent security sector officials to respect human sectors, and thus would rights and the rule of law. For example, article help minimize the problem with democratic principles and human rights. This can be achieved by organizing 126 of Penal Code No. 58 of 1937 stipulates of unemployment after study trips for Egyptian police chiefs to visit that "Any public official/civil servant or they finish their the United States and Europe to familiarize public employee who orders torturing a culprit mandatory service" themselves with the modern practices and or a suspect or performs the torturing himself to methods used for criminal investigation and compel the suspect to confess shall be punished by hard upholding security without contradicting basic labor or imprisonment for a period of three to ten years. democratic values and practices. If the tortured victim dies, the penalty as prescribed for deliberate murder shall be inflicted." Thus, enforcing Establish an independent body outside the Ministry of Interior to closely follow the articles like this could guarantee the restoration of the restructuring process and oversee the police rights of victims of torture. force. This independent body should include representatives of CSOs, legal experts, Recommendations to Security-Focused psychologists, and some recently retired upright Policymakers: police leaders. The body should include a committee that receives citizens' complaints The formation of security policy includes many stages, concerning human rights violations, and should beginning with identifying the exact role of the police in follow up on the progress of the investigations of society. This stage includes setting the criteria and these complaints. conditions for student admission into police academies and institutes. Next comes the task of developing the skills of police officials and educating them on proper police culture. Security policy must also deal with identifying the duties assigned to the police sector and laws which apply specifically to them, as well as evaluating security officials and determining their punishment It should also refer such complaints to the General Prosecution after verification within their proposed authorities. Police officers should also retain the right to report any violations or incidents of

corruption in complete confidence under the condition that evidence can be provided to back their claims. The body should also be authorized to visit police stations, prisons, and places of detention to monitor the process and ensure that all the procedures are applied according to the law. Finally, the reports of the proposed body should be made publically available, and the body should regularly communicate with the People's Assembly and its Human Rights Committee.

Provide balanced coverage when addressing security issues in the media, particularly in regards to the progress and lack of progress of the Ministry of Interiors attempts to achieve security and stability. Balanced reporting also includes objectively addressing the shortcomings of the Ministry of Interiors attempted police reform through official sources who can accurately Separate the National Security Apparatus from the Ministry of Interior. The National Security identify unresolved issues. Investigations Apparatus, an information-gathering Mutual communication should be body, should be affiliated with the Cabinet instead of maintained between media outlets and the Ministry of Interior for the reasons previously the Ministry of Interior in order to described above. accurately inform the public about the "Mutual progress being made to restructure the Transfer some Central Security officials to communication security sector and restore stability, and to other departments within the Ministry of should be Interior, such as to the Specialized Police maintained between educate the public on their rights and duties Sector, which would provide them the when dealing with the police. media outlets and opportunity to work for both the Civil Defense the Ministry of Play a key role in changing the general Department and the Reconstruction and Urban Interior in order to publics perception of police officers after Communities Police. Some may also be the revolution by portraying amicable accurately inform transferred to serve in the Anti-Riot Forces, the public about the police-citizen relations that are where they would contribute to preserving progress being made fundamentally based on mutual respect in security and securing recreational areas and cinema and TV programs. to restructure the fields in order to prevent outbreaks of riots security sector and similar to the Port Said stadium incident. restore stability" Finally, others could be assigned to regular police units where there is a great need for more police officers to actively promote general security on a regular basis. These officers could engage in patrols to secure the streets instead of remaining in camps that inhibit their ability to visibly contribute positively to society.

Recommendations to Media Professionals:

There is no doubt that the media plays a crucial role in mobilizing public opinion in favor of or against any issue. Media can play a role in creating an environment of open and objective public discussion; however, it can also be a source of unrest and instability by creating an environment of fear and providing biased coverage. Therefore, media is an essential tool that impacts the discussion and public perception of pressing issues like security sector reform, and with that in mind we have provided the following recommendations to media professionals:

Ultimately, we cannot expect real reform within the security sector without a genuine political will on the part of security leaders to commit to reform in accordance to the principles of human rights and to restore the police as the protector of citizens' rights and freedoms. We hope that the Ministry of Interiors efforts to control and fight crime will be a genuine step towards reforming and rebuilding the institution, instead of simply an attempt to alleviate the publics concerns during the transitional period. We also recommend that the next parliament take on the task of legislative reform, particularly for the regulations and laws concerning the police sector. Additionally, the Presidents plan for security sector reform should be implemented to the greatest possible extent in order to efficiently contribute to reform efforts and to maintain security and stability in Egypt over the long term.

Sally Roshdy is a Policy Researcher in Refa'a Al Tahtawy Forum (Independent Egyptian Think Tank), and her area of research focuses on security sector reform. Wessal Montasser is an Assistant Researcher in Refa'a Al Tahtawy Forum.

OWF is a non-governmental, nonpartisan and nonprofit organization founded in 2005 by a group of Egyptian young activists in the field of development as an initiative introduced to the fields of advocacy and lobbying concerning human rights issues, public participation and democracy in Egypt. OWF role depends on the ideas of cooperation, participation and creating coalitions with all the Egyptian civil society actors. It aims at providing equal opportunities for all, especially the marginalized or oppressed groups because of origin, sex, race, religion, or social class. In January 2011 OWF has founded Refa'a Al-Tahtawy Forum for democracy studies in the Middle East and North Africa region, named after the previous studies unit. This forum is specialized in issues related to democracy, human rights and the transition period affairs in the Middle East, North Africa and the Arab Spring countries in specific.

OWF Policy briefs are short and intensive analyses for Egypt policymakers on issues of democracy, human rights and transitional period affairs rather than the political, economic, and social files. Participating in writing these briefs are leading academics, authors from think tanks and organizations in the fields of democracy and human rights. The views expressed in these articles are those of the authors, and not necessarily represent the views of OWF or Refa'a Al-Tahtawy Forum.