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Ian Leigh
Executive, Legislative and Judicial Oversight and Guidance over the Security Sector
This chapter outlines in greater detail the functions of the three main branches of the state vis-`a-vis the security sector. Aspects of executive control of security institutions are set out, followed by parliamentary oversight. The chapter also details the role of the courts and judiciary as well as independent oversight offices such as ombuds institutions as the third main formal element of oversight. The focus is on how CSOs can relate to and work with each branch of the state as well as with independent oversight offices with the goal of improving democratic governance in the security field.
The executive and civil society This section discusses the role of civil society in relation to the executive branch of government, including the armed forces, security and intelligence agencies and the relevant government ministries. Protection of national security, defence and public order are tasks that are generally assigned by a country’s constitution to the executive branch. In some countries the competence for tasks is split between the head of government and the President or head of state. While it is an important democratic principle that the military and a country’s security and intelligence agencies be under civilian control, very often also the need to insulate them from party political pressure has been recognized, in order to help guarantee freedom of dissent and political opposition. Members of these services are frequently required to swear an oath to uphold the constitution. Reference to the constitution imports recognition of and protection of citizens’ right to dissent, of freedom of expression and association, as well as a duty of political neutrality. Typically the state institutions will include the army, air force (and where relevant, navy), security and intelligence agencies (these are often arranged according to whether their function is internal security, information-gathering concerning foreign powers, or signals intelligence), military intelligence, police and
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