United Nations

Department of Peacekeeping Operations

Ref. DPKO/PD/2006/00060

DPKO Policy
9 November 2006
Functions and Organization of Formed Police Units in United Nations Peacekeeping Operations


POLICY ON THE FUNCTIONS AND ORGANIZATION OF FORMED POLICE UNITS IN UNITED NATIONS PEACEKEEPING OPERATIONS

Contents

A.  Purpose

B.  Scope

C.  Rationale

D.  Description, functions and organization

E.  Command and control

F.  Monitoring and compliance

G.  Entry into force

A. Purpose

1. This policy defines and describes the functions and organization of Formed Police Units (hereafter “FPU(s)”) deployed in United Nations peacekeeping operations (hereafter “mission(s)”). This document provides the rationale for their deployment and explains the general objectives of and conditions for the operation of such units.

B. Scope

2.1 This policy applies to the Head of Missions and their delegates and the police components of peacekeeping operations of the Department of Peacekeeping Operations.

2.2 Personnel of the Department of Peacekeeping Operations involved in security, administrative, military and any other relevant activities for the operations of FPUs should be made aware of and comply with this policy.

2.3 Matters pertaining to detention, searches and use of force for members of FPUs are not addressed in this policy. Separate directives are issued by the Department of Peacekeeping Operations in this regard and must be strictly applied.

C. Rationale

3. Missions have in several instances been mandated and have deployed FPUs in order to provide security assistance to national law enforcement agencies with the aim of supporting the establishment of law and order. In other instances, the deployment of FPUs, acting in an executive capacity, was authorized as part of the police component of missions. In all cases, FPUs play a key role in the protection of United Nations personnel and facilities. This policy describes the functions and organization of FPUs deployed in missions.

D. Description, functions and organization

Description

General

4.1 The deployment and operations of FPUs will always be based on the principles of necessity, proportionality and accountability and all actions of FPUs will be aimed at the protection and preservation of human life, property, liberty and dignity. In particular, FPUs will assist and advise national law enforcement officials in the exercise of their duties by serving the community and by assisting in the protection all persons against illegal acts, consistent with their high degree of professional responsibility.

4.2 FPUs are specialized, well-equipped and fully mobile rapid-reaction police or other law enforcement agency units of generally one hundred and twenty-five (125) members each, composed entirely of elements from one contingent. They are deployed in United Nations missions as cohesive units with unit integrity and are self-sustained with attendant equipment owned by the contingent and deployed under criteria established under a Memorandum of Understanding between the United Nations and the Police Contributing Country in accordance with the Contingent-Owned Equipment Manual 2005, as amended.

4.3 FPUs must always exercise their functions strictly according to the United Nations Security Council Resolution(s) and other official issuances applicable to the mission to which they are assigned. They must exercise their functions in strict accordance with United Nations human rights and criminal justice norms and standards ([1]).

4.4 In the exercise of their functions, members of FPUs must respect the legislation applicable in the host country insofar as it is not in conflict with United Nations human rights and criminal justice norms and standards or United Nations rules, regulations and other issuances.

4.5 Members of FPUs must strictly comply with the directives on detention, searches and use of force, or equivalent issuances, as approved by the Department of Peacekeeping Operations.

Legal status

4.6 As “Experts on Mission”, members of FPUs are inter alia “…immune from personal arrest or detention” and are immune from legal process of any kind “in respect of words spoken or written and acts done by them in the course of the performance of their mission”([2]). However, the Secretary-General has “…the right and the duty to waive the immunity of any expert in any case where, in his opinion, the immunity would impede the course of justice and it can be waived without prejudice to the interests of the United Nations” ([3]). Members of FPUs are subject to the jurisdiction of the host country or territory with respect to any criminal offences that may be committed by them in the host country or territory and any disputes or claims of a civil nature not related to the performance of their official functions.

Functions

4.7 In executive missions, and as mandated by the Security Council resolution authorizing their presence, members of FPUs may exercise the full array of policing powers as set-forth under the applicable law of the host country or territory. This includes a response capacity to all civil disorder challenges in order to contain and prevent security situations from escalating.


4.8 In non-executive missions, members of FPUs are not considered law enforcement officials and are not authorized to exercise policing powers as set forth under the applicable law of the host country or territory.

4.9 FPUs perform mainly the three (3) following functions in both executive and non-executive missions, taking into consideration the various thresholds in relation to public order in conflict and post-conflict situations as set-forth in annex 1:

Protection of United Nations personnel and facilities

4.9.1 FPUs shall assist in the protection of United Nations personnel and facilities by taking preventive and reactive measures in order to control threatening crowds and related civil disturbances. This must be done through consultations with relevant national law enforcement agencies as well as the military, security and other concerned components of the Mission.

Provision of security support to national law enforcement agencies

4.9.2 FPUs should assist national law enforcement agencies in the performance of their functions in strict accordance with the mandate of the mission. As part of such functions, FPUs may normally conduct joint patrols with national law enforcement agencies on a regular basis. In this context, they should show their presence in furtherance of the maintenance of peace and security and promote confidence-building measures with national authorities and the national population.

Capacity-building

4.9.3 FPUs should serve as a model for national law enforcement agencies by promoting respect for United Nations human rights and criminal justice norms and standards and in the performance of key functions, particularly crowd management. They should train and advise their national counterparts in accordance with the Department of Peacekeeping Operations issuances in relation to the reform, restructuring and rebuilding of law enforcement agencies.

4.10 All regular tactical support operations should be conducted on the basis of intelligence or information gathered and with adequate backup support. The Head of the Police Component ([4]) or his/her designate can authorize the deployment of FPUs in tactical operations and crowd and riot control tasks, in strict accordance with the mandate of the mission. All such functions should be carried out in close collaboration with national law enforcement agencies.

4.11 All functions should be carried out on the basis of reliable intelligence or information. As part of their contacts with national law enforcement agencies and the population, FPU personnel shall collect information of relevance in order to analyze security trends and prepare contingencies, particularly with respect to the protection of United Nations personnel and facilities. Such information shall be shared with the Joint Mission Analysis Cell (JMAC) or equivalent(s) mission-wide information analysis bodies.

Organization

4.12 FPUs are composed of trained and fully equipped law enforcement officers with expertise in crowd management and other policing tactical operations. Their tasks may vary as set-forth by the mandate, concept of operations and activities of the Mission. Their composition and organization may also vary due to mission specific requirements. However, with the exception of command and support elements, each FPU will generally be divided into three (3) tactical sub units of thirty (30) officers organized as follows:

Command element

4.12.1 The Unit is headed by an FPU Commander at middle rank level. Each of three platoons are headed by a platoon commander.

Support staff

4.12.2 Each FPU is a self-supporting component and will have its own support staff to provide required catering, maintenance, engineering, medical and administrative support services to the unit in accordance with the Contingent-Owned Equipment Manual 2005, as amended.

Operation enabling staff

4.12.3 To support its operational analysis capacity, the FPU will have an internal tactical intelligence or information gathering and analysis capability. It will also comprise an operation coordination officer or liaison officer to interact with the other departments of the police component and the mission as a whole, and also an IT communication officer.

Tactical Unit

4.12.4 The Tactical Unit is the operational component of the unit. It is composed of thirty (30) officers further subdivided into three (3) ten-member sections. Team members are trained in all aspects of crowd control and riot response tasks. The tactical team may also include within its number an explosive devices expert, canine teams, snipers and special weapons and tactical specialists for advanced tactical purposes. The composition of these specialized components of the tactical team will vary in accordance with the mandate and security requirements of the mission. As a general practice, the FPU composition will be tailored towards crowd control and riot prevention capabilities.

E. Command and control

5.1 All United Nations police officers must comply with lawful orders from their designated supervisors.

5.2 The Head of the Police Component of the mission designates an FPU Coordinator who will supervise and coordinate the activities of FPU Commanders. He/she acts as an advisor to the Head of the Police Component on the tasks and operations of FPUs. He/she reports to the Head of the Police Component through the designated Deputy Head of the Police Component or another designate. He/she shall also coordinate operations, act as the main focal point for all administrative matters, assist in the verification of equipment and provide a weekly report to the Police Division, Department of Peacekeeping Operations, through the Head of the Police Component, on the activities of FPUs in the Mission area. He/she must coordinate all his/her activities with the regional or district commanders or equivalents. He/she shall follow-up on any disciplinary investigations related to personnel of FPUs.

5.3 Command and control arrangements for each FPU are defined by tactical requirements. The command relationship is defined as follows:

Full command

5.3.1 The FPU is a tactical unit of the Police component of the Mission and hence the Head of the Police Component has full command over all components.

Operational command

5.3.2 The operational command of the FPU will be under the Head of the Police Component or his/her designate. The order for the operational engagement will only come from the Head of the Police Component or his/her designate (FPU Coordinator, Chief of Operations, Regional Commander or equivalent).

Operational control

5.3.4 The FPU Commander will be responsible for the operational control of the Unit. In case of a combined operation involving different FPUs, the Head of the Police Component will designate an FPU commander to take operational control of the operation. The designated commander will retain the operational control of all the units involved until the completion of the said operation.

Tactical control

5.3.5 Respective Sub-Unit Commanders are entrusted with the task of all tactical control of the operations including crowd, riot and other specific activities on the ground.

5.4 In cases of joint operations to address situations of public disorder with personnel of FPUs and Military Components, with or without other security personnel of the mission, the following arrangements shall be in place:

Situations of public disorder of a non-military nature

5.4.1 This generally refers to situations of public disorder where there is no sustained use of firearms or military weaponry. In such circumstances, the FPUs should have primacy in addressing such situations in support of or in cooperation with national law enforcement agencies, as applicable. The Head of the Police Component or the FPU Commander may request personnel of the Military Component and/or other security personnel of the mission to perform specific missions or tasks. In these situations, the most senior United Nations Police Officer or FPU Commander at the location of the incident will exercise tactical control and have overall command. The assignment of military personnel must be coordinated with the Force Commander or Sector or Battalion Commander, as applicable.

Situations of public disorder of a military nature

5.4.2 This generally refers to situations of public disorder were there is sustained use of firearms or military weaponry. In such circumstances units of the Military Component should have primacy in addressing such situations in support of or in cooperation with relevant national agencies, as applicable. They may request FPU personnel and/or other security personnel of the mission to perform specific missions or tasks. In these situations, the most senior Military Commander will have overall command. The assignment of FPU personnel must be coordinated with the Head of the Police Component or the nearest Regional or District Commander or equivalent, as applicable.

5.5 The above-mentioned arrangements should not result in any operational delays to address such situations of public disorder. In this regard, standard operating procedures should be adopted by the mission and regular training, rehearsals and exercises, including simulations, should take place on a regular basis. Lessons-learned in addressing such situations of public disorder as well as through exercises should be shared with the Police Division and the Military Division of the Department of Peacekeeping Operations for advice and evaluation. The above-mentioned arrangements must be applied in letter and spirit.

5.6 Under no circumstances whatsoever shall any FPU personnel be placed under the authority, command and control of non-UN representatives, including members of national law enforcement agencies.

5.7 FPUs shall not receive or transmit any operational directives or tactical commands from their National Authorities or their National Military command operating in the mission area or elsewhere.

F. MONITORING AND COMPLIANCE

6. All missions with FPUs shall comply with this policy. The Police Advisor to the Department of Peacekeeping Operations, the Heads of Mission and their delegates and the Heads of Police Components shall monitor compliance with this document.