Literature Review: Rule of Law Lessons Learned from the UN Mission in Kosovo (UNMIK) (CR 09-006)
UNMIK Police Training Center Kosovo CODE OF CONDUCT.
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Transcript of UNMIK Police Training Center Kosovo CODE OF CONDUCT.
UNMIK Police Training Center
Kosovo
CODE OF CONDUCTCODE OF CONDUCT
OVERVIEWOVERVIEWUNMIK Code of Conduct is based
on internationally accepted standards of conduct for Police professionals and reflects the attitudes and behaviors expected of Police Officers within the UNMIK Police.
Guiding PrinciplesGuiding Principles
ImpartialityIntegrityRespectLoyalty
ImpartialityImpartiality Do Do
Understand the mandate and missions and comply with their
provisions.
ImpartialityImpartiality Don’tDon’t
Take any action that might jeopardize the mission
Make any unauthorized press statements
Improperly disclose or use information
Become involved in any illegal sexual liaisons
IntegrityIntegrityDoDo
Conduct yourself in a professional and disciplined manner
Support and encourage proper conduct
Maintain proper dress and at all times
Properly account for all money and property assigned to you
Care for UN equipment in your charge
IntegrityIntegrity Don’t Don’t
Wilfully damage or misuse UN property/equipment.
Use a vehicle without authorization.Participate in any illegal activities,
corrupt or improper practices.Attempt to use your position for
personal advantage, to make false claims or accept benefits
RespectRespect Do Do
Respect the environment of the host country
Treat the inhabitants of the host country with respect, courtesy and consideration
Support and aid the infirm sick/weak
Respect all other peacekeepers regardless of status, rank, ethnic or national origin, race gender or creed
RespectRespect Don’t Don’t
Be abusive or uncivil to any member of the public;
Use unnecessary violence or threaten anyone in custody;
Collect unauthorized souvenirs;Commit any act that could result in
suffering of the local population;
LoyaltyLoyalty Do Do
Dedicate yourself to achieving the goals of the UN in the mission regardless of personal views;
Obey our UN superiors and respect the chain of command;
LoyaltyLoyalty Don’t Don’t
Bring discredit upon the UN, or your country through improper
personal conduct, failure to perform our duties, or abuse of our positions as peacekeepers;
Officer BehaviorOfficer Behavior
Police Officers will refrain from behavior that could adversely affect their credibility, professional image, or impartiality that is critical to the UNMIK Police mission.
No UNMIK Police Officer will engage in political activity of any type within the mission area or will publicly express or display a preference for any political, religious, or ethnic entity within the mission area.
No UNMIK Police Officer will accept gratuities from members of the local community. While it is not intended that Officers should disregard gestures of human kindness and acceptance, (i. e. an offer of coffee at the home of a complainant) it is not appropriate, and will be considered unacceptable, for Officers to accept items of value from local personnel without prior approval from the Special Representative of the Secretary General.
MHQ Operations Pillar will maintain a list of commercial establishments and locations that are deemed to be "Off-Limits" to all UNMIK Police officers. This list will be distributed to all UNMIK Police officers on a regular basis. It will be considered a serious breach for any UNMIK Police officer to enter these establishments unless on official duty requiring their presence. If any charge of entering an off-limits establishment is substantiated, the UNMIK Police Officer will be subject to discipline and repatriation.
No UNMIK Police Officer will consume alcohol or be under the influence of alcohol while he or she
is in uniform or on-duty or carrying their sidearm or in marked Police vehicle either as a driver or passenger.
No UNMIK Police Officer will at any time consume or possess any illegal drug, or any of its derivatives.
Sexual harassment for the purposes of this document will be defined as:
a) conduct that is unwelcome or ought to be know as unwelcome and of a sexual nature that either directly or indirectly affects a person's work environment in any fashion.
b) any conduct which in and of itself creates a hostile or intimidating work environment.
No UNMIK Police Officer will discriminate against any other person on the basis of sex, race, ethnic background, religion or sexual preference. Any act of discrimination against any other person by a UNMIK Police Officer will be considered a serious breach.
No member of the UNMIK Police will, without proper authorization, be absent from duty or leave any assigned duty. No UNMIK Police Officer will utilize foul, obscene, or improper language or gestures that could be considered to be obscene or abusive with any other member of the UNMIK Police or with any member of the public.
No UNMIK Police Officer will utilize or activate the emergency lights and/or siren on an UNMIK Police car unless the UNMIK Police car is involved in an emergency situation or other authorized activity.
All members of UNMIK Police shall comply with all traffic laws, rules, and regulations. They will constantly utilize care and courtesy, and shall drive in a safe and professional manner at all times.
Only authorized UN personnel shall operate UN Vehicles!!!
UN Security Officers are authorized to stop any UN Vehicle except UN vehicles assigned to an escort detail and red & white UNMIK police vehicles that are responding to a documented police emergency call with emergency lights and siren activated, and inspect it’s contents, it’s equipment, and it’s documents, including the driving permit of the operator. In addition, the UNMIK Police Commissioner, Deputy Commissioner(s), and CivPol CMTO are empowered to stop UNMIK Police vehicles and to inspect their contents.
Officers, while in uniform, shall not congregate about in public places or engage in games of chance, unless necessary as a part of official duties or approved by a Supervisor.
Any legal assistance as a result of police business;
Connection with establishments
manufacturing intoxicants;
Join or be member of any group,
society,club or other organization that
would adversely affect their functioning
as Police Officers;
The authority to release official UNMIK Police information and provide comments on policies, planning and procedures is limited to the Commissioner, Deputy Commissioners, Chief of Press and Public Information and those designated by any of the above.
Duties and ResponsibilitiesDuties and ResponsibilitiesObey lawful orders.Identify themselves when requested by any citizenTake immediate action when confronted by any
police related incident even if OFF DUTY.Respond to and handle all radio calls received
Comply with UN rules and proceduresSupervisors responsibility
Report any violations of policy or established
procedures
REMEMBER:REMEMBER:
Any UNMIK Officer found to be an accessory to any violation of UN rules and procedures will be considered a principal to that violation and subject to discipline.
Consequences of Consequences of violations violations
of the Code of Conductof the Code of ConductTo INDIVIDUALS
Internal Disciplinary Action Criminal Prosecution Civil Lawsuits Immunities and Privileges. Minor Misconduct. Serious Misconduct.
Consequences of Consequences of violations violations
of the Code of Conductof the Code of ConductTo the MISSION
Erosion of Confidence/Trust in the UN; Jeopardize the achievement of the
Mission; Jeopardize your status and security as
peacekeepers;
Uniform and EquipmentUniform and Equipment UNMIK Police Officers shall wear their national Police uniforms at
all times while on duty or while traveling on duty in UNMIK vehicles, unless authorized. Uniforms shall always be neat and clean, and shall be worn in a professional manner.
The United Nations beret and identification card shall be worn at all times while on duty.
INTERNAL INTERNAL INVESTIGATIONSINVESTIGATIONS
•Rules
•Procedures
•Imposition of Discipline
•Rights of Officers under investigation
•Decisions and Appeals
ComplianceCompliance
UNMIK Police Officers are required to cooperate during internal investigations and inquiries.
Must adhere to the UNMIK Police
Policy & Procedure Manual
REMEMBER:
UNMIK Police Commissioner is responsible UNMIK Police Commissioner is responsible for the discipline of all CIVPOL, or delegate for the discipline of all CIVPOL, or delegate that authority to the DPC/Athat authority to the DPC/ASuspension an officer under investigation Suspension an officer under investigation from executive powers (period will be from executive powers (period will be determined by DPC/A)determined by DPC/A) Each officer’s case will be considered Each officer’s case will be considered separately. If an Officer’s ability to safely separately. If an Officer’s ability to safely operate a firearm is in question the DPC/A operate a firearm is in question the DPC/A may, at his discretion, order that the Officer be may, at his discretion, order that the Officer be disarmed.disarmed.
All alleged breaches must be documented in Preliminary Report by the immediate supervisor and submitted as
soon as possible to the Designated Disciplinary
Supervisor (DDS) with the copy to DPC/A.
DDS will notify DPC/A within 48 hours.
ProceduresProcedures
THE DESIGNATED DISCIPLINARY THE DESIGNATED DISCIPLINARY SUPERVISORS (DDS)SUPERVISORS (DDS)
WILL BE:WILL BE:
Deputy Commissioner/Administration
Deputy Commissioner/Operations
Regional Commander
Border Police Commander
Minor breachesMinor breaches
& &
Serious breachesSerious breaches
Forms of DisciplineForms of Discipline
Verbal counselingPrevention of special assignmentsWritten reprimand (two types)
Redeployment within the regionRedeployment outside the regionSuspension of UN Driving Permit
Forms of DisciplineForms of Discipline(continuation)(continuation)
Revocation of UN Driving permit
Prohibition of position of commandReduction from any position of command
Officer’s extension will be Officer’s extension will be denied!!!denied!!!
Recommendation for repatriation
Rights of Officer under InvestigationRights of Officer under Investigation
Be advised in writing of the specific allegation(s).
To consult with other UNMIK Police Officers (who are not involved with the investigation) or Counsel.
To have Counsel present during interviews.To appeal any decision imposing discipline
Decisions and AppealsDecisions and Appeals
An UNMIK Police Officer has the right to appeal.
The appeal shall be in the form of a letter.
The appeal must be submitted within 5 days.
Criminal InvestigationCriminal Investigation
UNMIK Police Officer’s immunity
Provisional Custody of CIVPOL
REMEMBER:REMEMBER:
•Security Council Resolution 1244 (1999)Security Council Resolution 1244 (1999)•Regulation 2001/28Regulation 2001/28•Convention of the privileges and Immunities of the Convention of the privileges and Immunities of the United Nations (13 February 1946)United Nations (13 February 1946)•Kosovo Criminal Code & procedure (April 2004)Kosovo Criminal Code & procedure (April 2004)•UNMIK Policy and Procedure ManualUNMIK Policy and Procedure Manual•UN Civilian Police HandbookUN Civilian Police Handbook•UN Regulations of the SRSGUN Regulations of the SRSG
SummarySummary
You are an ambassador of the
UN and your own nation; Your Behaviour reflects upon
the UN Organization as a whole;
Thank you for your attention