PART I.  SETTING THE BOUNDARIES FOR THE USE OF FORCE IN LAW ENFORCEMENT NATIONAL LEGISLATION IN GUATEMALA Article 9 of the National Civilian Police Act in Guatemala states that the National Civilian Police is in charge of (1) protecting the life, the physical integrity, the security of persons and property, and the free exercise of their rights and freedoms, and (2) preventing, investigating and combating crime to preserve order and public security. Serving the public interest Such a doctrine must be based on the principle that law enforcement should be conducted impartially and in the public interest, rather than serve partisan, political or personal interests. Political leadership should refrain from attempting to unduly influence law enforcement operations, actions and decisions—including when, where and against whom to use force. Rather, they must respect and ensure the operational independence of law enforcement agencies. Such operational independence also means that the agency is responsible for its conduct, as well as that of its members, and must be held accountable for unlawful or arbitrary actions.66 Indeed, operational independence, when paired with accountability, will help build public confidence.67 Based on consent A human rights-based approach to law enforcement functions on the basis of consent rather than force. Where members of the public largely agree with the laws that are to be upheld and trust those that are appointed to do so, they will be less likely to oppose interventions by those officials and generally be more cooperative which will invariably lead to more effective law enforcement.68 Indeed, where law enforcement agencies have to resort to force frequently, they are likely to have a legitimacy deficit, which will only deepen further every time they resort to force. Being responsive There are several mutually reinforcing actions that can be taken to acquire and strengthen legitimacy: carrying out law enforcement functions in a fair, effective and non-discriminatory manner and in line with human rights law; establishing good contacts with the communities; being responsive to people’s and communities’ needs and involving them in setting policies and priorities; adopting a problem-oriented approach; and acting with integrity and being accountable. Adopting a community-policing model of law enforcement is one of the approaches police agencies have found to be useful in this regard.69 66  Osse, Anneke, Understanding Policing: a Resource for Human Rights Activists. Amnesty International, the Netherlands, 2006. 67  Ibid. 68  See UNODC Handbook on Police Accountability, Oversight and Integrity, 2011, p. 6. 69  For more details on community-based policing see UNODC Handbook on Policing Urban Space and OHCHR, Human Rights Standards and Practice for the Police, Professional Training Series No. 5/Add.3 (2004), pp. 58-59. While recognizing the potential of community-oriented policing, it is also important to be mindful of the risks of such an approach, including for example an over-reliance on the concept, the risk of reinforcing inequalities across communities, and the risk of reinforcing existing community power structures that are not representative. For more details, see OHCHR, Human Rights and Law Enforcement, A Manual on Human Rights Training for Law Enforcement Officials, 2017, chapter 4 (Law Enforcement in Democracies). 25