National Police in Social Conflict Prevention
INTRODUCTION
Throughout Peru’s republican history, the National Police has been responsible for maintaining internal order in the country. Particularly, it has also charged a leading role in the resolution of social conflicts of different types in the country. After almost 200 years, the legal framework and the strategies that regulate their intervention have increased substantially.
The National Police of Peru has specialized, through technical and professional training to deal with social conflicts in Peru. How to solve them is a broad issue of discussion, in which above all is the constitutional state.
In the following lines we will find a historical development of the evolution of the National Police in the intervention in social conflicts, a brief summary of the general theory on them and a development of the main normative instruments that regulate the powers of the National PoliceIn conflict contexts.
DEVELOPING
Historical review of police institutionality and social conflicts
The history of the Peruvian Republic begins since 1821, in a society made up of Spaniards, mestizos, slaves and Indians, emerging a new nation that would take many years in Amalgamar the patriotic feeling of Nation;In 1823 after the first Constitution, what we now know as the National Police of Peru began, with the creation of the civic militia the same that would be in charge of putting order in each of the cities of the new Peru nation, withThe beginning of our Republic, the police institutionality also arise the first social conflicts that the forces of the order of that moment have to face;
Since 1823 as indicated by the constitution of the same year in art. 165 ° “They constitute the armed force of land: the line army, the civic militia and the police guard” art. 168 ° "The civic militia will serve to maintain public security between the limits of each province". Art. 171 ° “The object of the Police Guard is to protect private security purging the paths of malefactors and chasing criminals subject to the orders of the respective authority.
Art. 172 ° “This guard cannot be used for another service, but in cases of declared revolution, or invasion;for which the Congress agreement will proceed, and in its recess that of the Senate ”. The forces of the order had to face social conflicts that aimed at the struggle for political power, we know that,
The forces of the order in development from the middle of the nineteenth century until their sunset had to deal with social conflicts of a political nature in the permanent struggles between the military and the oligarchs to achieve the full power of the State and was always in between the participation ofThe forces of the order that should maintain peace, tranquility and public safety, although to achieve the objective they were involved in many opportunities in many opportunities.
In the nineteenth century, two police institutions were created that would last until the twentieth century that are the National Gendarmerie of Peru and the Civil Guard of Peru, both institutions had to face this type of social conflicts characteristic in the development of political life in the development of political life in the development of political life in the development of political life in the development of political life in the development of political lifeof the country even without being professionalized;And it is until the twentieth century in which the Civil Guard through the Police School with the Spanish mission that begins the professionalization of the Police, it would be this police force that should face the new social conflicts for the twentieth century.
With the arrival of the twentieth century, new types of conflicts appear in our society as a result of foreign influences, that is, the new political ideologies that would come from Europe, Asia and America itself, would add to our ideologies, making a new current that in some in someway would find an opposition by the State and acceptance of a certain sector of the population;After the training of the Police School in 1922, there were still several police institutions avocado to different areas of the police service to the citizens;We have the security body that saw the commissioner services, the Civil Guard the Rural Service, the Investigation Corps and the Gendarmerie in the passing of time some were absorbed by others;But, without losing the essence of police function in all its parts;
Between 1960-1965 the forces of the order had to face another political social problem that were the so-called Guerrillas of Luis de la Puente Uceda who was eliminated in Yahuarina, annihilated after several clashes in the middle of the jungle;He was leader of the revolutionary left movement, of Marxist – Leninist Orientation and inspired by the Cuban Revolution. These ideologies would organize the guerrilla spotlights that would later become other subversive fronts such as the Shining Path and the Túpac Amaru revolutionary movement.
The police institutions in force in those decades are the Civil Guard, Investigation Police and Republican Guard these three institutions outside the political social conflicts would have to face social conflicts produced by the country’s economic instability in the change of democratic government for a de factoof the gral. EP Juan Velasco Alvarado that would last almost a decade to give way to the democratic era of which we still enjoy at this time;But this change of type of government, income to realize that for several years one more revolution in Peru would have been created;And without a doubt the bloodiest of all time, and the three amalgamated police institutions in the National Police, should face this social conflict called subversive war.
During the last three decades the National Police has had to face social conflicts of a political nature, but with economic objectives, undercover by an alleged class struggle;result of the communist – socialist ideologies that were implanted over the years in the different social strata of the country, having as a source the labor class or the medium and low social classes that was formed by the workers of the work centers, peasants andminers.
Theories about social conflicts.
To understand what social conflict means;and study it holistically to see its development and evolution in our society and the participation of the police in this type of phenomenon that has marked the pattern in the development of the country and allows us to have a vision as an institution to know how to prevent and control it becauseIt is the police who generates it;Nor is it the police who has the solution for social conflict.
There are many definitions about conflict like the one that Lewis gives. Sew who says: “It is a struggle for values and for status, power and scarce resources, in the course of which opponents wish to neutralize, damage or eliminate their rivals."
For Ralf Dahrendorf, “the conflict is a universal and necessary social fact that is resolved in social change."
The conflict according to Stephen Robbins can be defined as follows: “It is a process that begins when one part perceives that the other has affected it negatively or that it is about to negatively affect any of its interests."
According to Thomas Hobbes, who thinks that society develops a constant change and this is made up of contradictory elements. And both deny the need to express this social change being necessary for the stability or permanence of the institutions the coercive power.
This problematic process called social conflict that occurs between the State and Society can realize that its needs, benefits and objectives are inconcilable and the result of this can bring violence.
The degree or level of the conflict is based on the reason that originates it, as can be seen, how many actors participate in it and other economic elements, culture, politics, ideology etc., We must always differentiate between conflict and violence because they are not the same;since violence is a concrete sample of the conflict.
The social conflict has three stages Active conflict the demonstration of public, consistent and inconsistent demands. Latent conflict is the one found in a surreptitious way, undercover and are not demonstrated in a timely manner and are on their way to confrontation. Resolved conflict is which both parties matter of the confrontation have found links that lead them to the conformity of the commitments raised.
Legal basis of police participation in the social development of the country.
The National Police of Peru according to the Political Constitution of the State in its “Article 166 ° indicates that it is responsible for guaranteeing, maintaining and restoring the internal order”, the Peruvian State as the Constitution also indicates in the “First article:Its supreme purpose is the defense of the human person and respect for his dignity ”;said in this way being the Peruvian State the person responsible for the defense of the human person and the National Police of Peru the arm of the law that represents the State at all times and place;
The exercise of the police function is regulated by Legislative Decree No. 1267 Law of the National Police of Peru, which in its art ”. Fourth points out: that this requires specialized knowledge, which are acquired through professional and technical training. The police professional receives comprehensive academic training, allowing their professional, development, cultural, social and economic performance, with emphasis on discipline, merit, unrestricted respect for fundamental rights, ethics, leadership and public service ”. And in his "art. Fifth on the public force, it says: It is the attribution of the State, exercised by the National Police of Peru that empowers the use of force legitimately in compliance with its purpose, for the conservation of internal order and to guarantee the functioning ofThe powers of the State within the constitutional order. It is exercised with full respect for fundamental rights and within the framework of the norms on the subject ”.
Also, with Supreme Decree No. 026-2017-IN. 35 ° The Social Conflict Evaluation Division is recognized, which depends directly on the General Subcomandancia of the National Police;In art. 167 ° points to the Social Affairs Division, dependent on the National Directorate of Order and Security, in the Art. 176 ° recognizes the division of rapid interventions dependent on the Directorate of Special Operations and finally in the ART. 229 ° Recognizes the Special Services Division dependent on the Lima Police Region, all these units have a jurisdictional scope nationwide.
Police participation in social conflicts and violence.
The police institution, through its special units acts in active social conflicts, for their management, but from the police operational side as maintenance and restoration of public order;With regard to latent social conflicts we have no direct participation but is to obtain information through intelligence systems formulating a historical facts and activities that can serve for the management of social active conflicts.
What will allow the institution to formulate operations plans dependent on the circumstances or scenarios in which a certain type of conflict develops and according to the behavior of the actors to be able to use the appropriate personnel with the corresponding equipment;because if it is not the case of a wrong intervention, it can allow or give rise to the social conflict from being triggered in a series of acts of violence that end up putting the lives of civilian persons and police personnel at risk;As we know several times death, we have had to regret that of colleagues for not having used adequate personnel, properly trained and with the necessary means.
For these types of situations, society ends up accusing the institution as responsible for violence in social conflict;of which it is collides that police officers who are responsible for driving or directing both police units and operations themselves, in terms of social conflicts must be personal with experience and knowledge on these issues and that thegeopolitics of the scenario in which the problem arises;And as active social conflicts are generally given by masses manifestations of different social – professional – work strata.
In the Instruction Centers of the National Police of Officers and Department should consider subjects related to this social problem;So that in the professional development of police officers, the Human Resources Department can establish a professional profile for a certain group of troops working in these police units throughout the national territory and can achieve adequate specialization and not have to improvise inthe performance of their functions that can produce as consequence results for the institution and society.
In a mediate way, special units must form instructors who prepare and train the personnel working in this type of units to reduce the margin of unable personnel and in relation to the bosses and officers they must remain with greater perseverance working in their different degreesIn these specialized units to acquire the necessary experience that allows them an adequate decision making so that the result of this type of operations is always correct according to the maintenance and restoration operations manual of the public order, approved with the Directorly Resolution N° 179-2016-DIRGEN / EMG-PNP of 22MAR2016, which in “Chapter VII INC. “A” points out: Tactics for the application of the strategic flow, the operational chief, section leader or head of squad,
Conclusions
To conclude all I must point out that social conflicts have as main actors the State and society, in their estates and the National Police will always be present, not because it has originated the conflict;Neither because it is the solution, but because as a representative of the State to enforce the law, maintain and restore public order, it will be responsible for ensuring the normal development of citizen activities while the active social conflict develops, preparing the plans ofPolice operations and appropriate strategies with specialized personnel so that the active social conflict does not become violent acts that end with dire results;
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