NATIONAL SECURITY LAW

LECTURE NOTES ON NATIONAL SECURITY ISSUES - Dr. Benjamin Kunbuor

DEFINING THE CONCEPT OF SECURITY

Introduction

To varying degrees, we all have a concern for our well-being. These concerns extend to our family, friends, colleagues, the environment, and the world we occupy. The need to address these concerns is generally labeled security. The concept of security takes numerous forms within the wide spectrum of society. As Zedner (2009, p. 22) suggests, security is a powerful term that has a strong emotional appeal arising from its capacity to bear multiple meanings simultaneously. Furthermore, the rhetorical allure of security has seen it attach to a long line of neologisms (global security, international security, cooperative security, and human security) that deliberately use the term to mobilize political support and economic recourse.

Security is multidimensional in both concept and application; however, we can define security and understand its nature when we consider it from a contextual perspective. For example, security is comprehensible when we consider a lock and key, but less so when we consider the fight on terrorism. The meaning of security can be unbounded, for example, in the past decade the increasing world exposure to terror attacks has raised social concern over the ability of nation-states to protect its citizens. When we use the term security without context, it can and does mean many things to many people.

Security may be considered assured freedom from poverty or want; precautions taken to ensure against theft or espionage; or a person or thing that secures or guarantees (Angus and Roberston, 1992). Furthermore, Fischer et al. consider that security “implies a stable, relatively predictable environment in which an individual or group may pursue its ends without disruption or harm and without fear of such disturbance or injury” (2008, p. 31). A traditional definition of security may be the provision of private services in the protection of people, information, and assets for individual safety or community wellness. In addition, private or commercial security may be considered the provision of paid services in preventing undesirable, unauthorized, or detrimental loss to an organization’s assets (Post and Kingsbury, 1991).

Nevertheless, security has to be expanded to consider national security and the defense of a nation-state through armed force or the use of such force to control its citizens. Security may also imply public policing by state-employed public servants. Still others consider security as crime prevention, secure technology, risk management, or loss prevention (Brooks, 2009). The Protection of Assets Manual (Knote, 2004, pp. 1–2) states that the title was chosen because the term security is too narrow a definition, whereas the title of protection of assets better describes the function of security; however, it is argued that the reverse holds greater validity. Asset protection does better define the function of a part of security, but it is only one part of many.

Security may be considered to be all of these statements; however, such diversity results in a society that has no clear understanding of security, with a divergence of interests from many stakeholders (Manunta, 1999). As ASIS International stated, “every time we think we’ve got the definition of the security field nailed, somebody... starts taking some of the nails away” (2003, p. 10). Security has to have a shared definition among the many disciplines that incorporate and contribute to security. However, security does present rather different meanings to different people (Davidson, 2005), given time, place, and context.

The literature on the security sector is laced with a lot of jargon, definitions and peculiar concepts. It is therefore important from the onset to present some of the popular concepts and how they are defined.

Definitions of key security concepts by the AU

1. Security: as guided by, but not limited to, the definition of security given in the Solemn Declaration on a Common African Defence and Security Policy (CADSP). The CADSP gives a multi-dimensional definition of security which encompasses both the traditional state-centric notion of the survival of the state and its protection from external aggression by military means, as well as the non-military notion of human security based on political, economic, social and environmental imperatives in addition to human rights.

2. Security Sector: The components of the security sector vary according to each national context. However, in general terms and in an African context, a security sector comprises individuals, groups and institutions that are responsible for the provision, management and oversight of security for people and the state. These include but are not limited to the following:

a. Primary Security Institutions: such as the armed forces, the police, gendarmerie and other law enforcement agencies, presidential guards, anti-terrorist units, border management, customs and immigration authorities, Office/Directorate of the State Department, as well as any other services set up by a Member State;

b. Specialized Intelligence and Security Institutions: such as those that are in charge of finding and using intelligence to preserve state sovereignty, state security and to defend vital national interests. These may be involved in security activities such as counter espionage, counter terrorism and the fight against all forms of organized crime;

c. Public Oversight and Management Bodies: such as the executive, the justice ministries, the legislature, national security advisory bodies, parliamentary subcommittees, anti-corruption bodies, customary authorities, the Pan African Parliament, and regional parliamentary bodies;

d. Justice and Rule of Law Institutions: such as the judiciary, prisons and other correctional facilities, Office of the Attorney General, Office of the Public Prosecutor, ombudspersons, traditional and transitional justice systems, human rights commissions, tribunals and courts;

e. Civil Emergency Units: such as search and rescue services, firefighting, riot control, natural disaster management and natural resource protection units[1]; and

f. Non-state Security Bodies: such as private security companies, informal, traditional and customary authorities and others, as may be decided by each Member State.

3. Security sector reform (SSR) refers to the process by which countries formulate or reorient the policies, structures, and capacities of institutions and groups engaged in the security sector, in order to make them more effective, efficient, accountable and responsive to democratic control, and to the security and justice needs of the people[2].

4. Democratic governance of the security sector refers to the provision, management and control of security sector based on democratic principles and values for the benefit of the people. It requires separation of powers, a participatory and inclusive approach involving citizens through their legally and regularly chosen representatives in decision-making processes, management and control of State activities and functions in the security sector[3].

5. Democratic security sector oversight is a part of democratic governance of the security sector, whereby democratically elected or appointed authorities, civil society, the media or the public oversee the policies and activities of the security institutions responsible for the defence of the state and the security of the population. Democratic security sector oversight ensures that security institutions perform to a high standard of professional effectiveness while meeting their obligations with respect to the rule of law and human rights[4].

6. Good governance describes a set of values to which public services should aspire in a democracy. Values of good governance include accountability, openness and transparency; participatory, inclusive and consensus-oriented decision-making; effectiveness and efficiency in use of resources and operations; and respect for the rule of law[5].

7. Accountability: refers to a system where a number of independent authorities oversee whether expectations from the public regarding the provision of security sector services are met, and impose sanctions if not[6].

8. Civil/Civilian control: is a situation in which the security sector, like all other public institutions, comes under the authority, direction and guidance of the civil authority constituted through democratic elections of a given country[7].

9. Efficiency: means that institutions make the best possible use of public resources in fulfilling their respective roles, responsibilities and missions[8].

10. Effectiveness: means that institutions fulfil their respective roles, responsibilities and missions to a high professional standard. Within the context of SSG, effectiveness is measured by how well agencies fulfil their roles based on good SSG standards and best practices[9].

11. Gender refers to the socially constructed roles and relationships between men and women. Rather than being determined by biology, gender is learned. In other words, men and women are taught certain roles and appropriate behaviour according to their sex[10].

12. Gender-Based Violence (G-BV) is a concept that acknowledges that certain forms of violence are based on socially ascribed differences between males and females[11].

13. Participation means that all persons of all backgrounds take part in decision-making and service provision on a free, equitable and inclusive basis, either directly or through their legitimate representatives. It includes agenda setting and all preparations towards decisions[12].

14. Responsiveness implies that institutions are sensitive to the different security needs of all parts of the population and perform their missions in the spirit and culture of service[13].

15. Rule of Law implies that all persons and institutions, including the state, are subject to laws that are known publicly, enforced impartially and consistent with international and national human rights standards[14].

16. Transparency describes a situation in which security information is freely available and accessible to those who will be affected by decisions and their implementation[15].