24 May 1989

15th plenary meeting

Guidelines for the effective implementation of the Code of Conduct for Law Enforcement Officials

The Economic and Social Council,

Recalling General Assembly resolution 34/169 of 17 December 1979, by which the Assembly adopted the Code of Conduct for Law Enforcement Officials,

Recalling also resolution 14 of the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, in which the Congress, inter alia, called attention to the guidelines for the more effective implementation of the Code of Conduct formulated at the Interregional Preparatory Meeting for the Seventh Congress on the topic "Formulation and application of United Nations standards and norms in criminal justice", held at Varenna, Italy, in 1984,

Bearing in mind section IX of Economic and Social Council resolution 1986/10 of 21 May 1986, in which the Council requested the Committee on Crime Prevention and Control, at its tenth session, to consider measures for the more effective implementation of the Code, in the light of the guidance provided by the Seventh Congress,

Having considered the report of the Committee on Crime Prevention and Control on its tenth session,

Guided by the desire to promote the implementation of the Code of Conduct for Law Enforcement Officials,

1. Adopts the Guidelines for the Effective Implementation of the Code of Conduct for Law Enforcement Officials, recommended by the Committee on Crime Prevention and Control and annexed to the present resolution;

2. Invites the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders and its preparatory meetings to explore ways and means of stimulating adherence to the Guidelines.

Annex GUIDELINES FOR THE EFFECTIVE IMPLEMENTATION OF THE CODE OF CONDUCT FOR LAW ENFORCEMENT OFFICIALS I. Application of the Code

A. General principles

1. The principles embodied in the Code shall be reflected in national legislation and practice.

2. In order to achieve the aims and objectives set out in article 1 of the Code and its Commentaries, the definition of "law enforcement officials" shall be given the widest possible interpretation.

3. The Code shall be made applicable to all law enforcement officials, regardless of their jurisdiction.

4. Governments shall adopt the necessary measures to instruct, in basic training and all subsequent training and refresher courses, law enforcement officials in the provisions of national legislation that is connected with the Code as well as other basic texts on the issue of human rights.

B. Specific issues

1. Selection, education and training. The selection, education and training of law enforcement officials shall be given prime importance.

Governments shall also promote education and training through a fruitful exchange of ideas at the regional and interregional levels.

2. Salary and working conditions. All law enforcement officials shall be adequately remunerated and shall be provided with appropriate working conditions.

3. Discipline and supervision. Effective mechanisms shall be established to ensure the internal discipline and external control as well as the supervision of law enforcement officials.

4. Complaints by members of the public. Particular provisions shall be made, within the mechanisms mentioned under paragraph 3 above, for the receipt and processing of complaints against law enforcement officials made by members of the public, and the existence of these provisions shall be made known to the public.

II. Implementation of the Code

A. At the national level

1. The Code shall be made available to all law enforcement officials and competent authorities in their own language.

2. Governments shall disseminate the Code and all domestic laws giving effect to it so as to ensure that the principles and rights contained therein become known to the public in general.

3. In considering measures to promote the application of the Code, Governments shall organize symposia on the role and functions of law enforcement officals in the protection of human rights and the prevention of crime.

B. At the international level

1. Governments shall inform the Secretary-General at appropriate intervals of at least five years on the extent of the implementation of the Code.

2. The Secretary-General shall prepare periodic reports on progress made with respect to the implementation of the Code, drawing also on observations and on the co-operation of specialized agencies and relevant intergovernmental organizations and non-governmental organizations in consultative status with the Economic and Social Council.

3. As part of the reports mentioned above, Governments shall provide to the Secretary-General copies of abstracts of laws, regulations and administrative measures concerning the application of the Code, any other relevant information on its implementation, as well as information on possible difficulties in its application.

4. The Secretary-General shall submit the above-mentioned reports to the Committee on Crime Prevention and Control for consideration and further action, as appropriate.

5. The Secretary-General shall make available the Code and the present guidelines to all States and intergovernmental and non-governmental organizations concerned, in all official languages of the United Nations.

6. The United Nations, as part of its advisory services and technical co-operation and development programmes, shall:

(a) Make available to Governments requesting them the services of experts and regional and interregional advisers to assist in implementing the provisions of the Code;

(b) Promote national and regional training seminars and other meetings on the Code and on the role and functions of law enforcement officials in the protection of human rights and the prevention of crime.

7. The United Nations regional institutes shall be encouraged to organize seminars and training courses on the Code and to carry out research on the extent to which the Code is implemented in the countries of the region as well as the difficulties encountered.