23 Integrated Police Unit in Kinshasa,
Democratic Republic of Congo
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| Draft Council Joint Action on the European Union Police Mission in Kinshasa, Democratic Republic of Congo, regarding the Integrated Police Unit (EUPOL "Kinshasa")
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| Legal base | Articles 14 and 25 EU; unanimity
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 26 November 2004
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| Previous Committee Report | None; but see (25639) —: HC 42-xx (2003-04), para 20 (18 May 2004)
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| To be discussed in Council | 7 December 2004 Economic and Financial Council
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
23.1 The EU is already running successful police missions in Bosnia-Herzegovina
and Macedonia. Last year, following a request from the United
Nations and the Transitional National Government in the Democratic
Republic of Congo (DRC), the EU agreed to support training an
Integrated Police Unit (IPU) in Kinshasa, as part of wider policing
and security sector reform in the DRC. It was decided that the
initial project would not be launched under the European Security
and Defence Policy (ESDP), but that the Commission would lead
the training project (as well as refurbish a training centre in
Kinshasa). The first group of 300 officers should have completed
their training towards the end of November, with a second group
beginning their training then, followed by a third group in January.
23.2 In May, we cleared a Joint Action that provided
the necessary legal framework for Member States to ensure that
the IPU was fully equipped. Initially, Member States' contributions
were thought to be sufficient; however, a shortfall emerged, to
which the EU offered £200,000 from the Common Foreign and
Security Policy budget, conditional on satisfactory oversight
of the project, control of funds and monitoring of the whereabouts
and use of the equipment. We asked the Minister to keep us informed
of developments.[59]
The draft Joint Action
23.3 The possibility of a small EU Police Mission
in the Democratic Republic of Congo (DRC), to monitor, mentor
and advise the IPU and observe the use of equipment provided by
EU Member States, was foreshadowed at the outset. The draft Joint
Action represents the formal EU decision, taken by the General
Affairs and External Relations Council on 22 November, to begin
planning a mission and subsequently launch it, with a duration
until 31 December 2005. It draws heavily on the report of a preparatory
joint Council Secretariat/Commission Fact Finding Mission (FFM),
in Kinshasa from 18 to 28 October 2004, and responds to a UN
request to the EU for the earliest possible support for the training
project, in order to ensure its effectiveness and sustainability.
23.4 The FFM is thus essentially what would normally
be refined into a General Concept, but which in this instance
has been incorporated directly into the draft Joint Action. In
a full and helpful Explanatory Memorandum of 25 November, the
Minister for Europe (Mr Denis MacShane) begins by highlighting
its main components:
- "the mission statement;
- arrangements surrounding the Head of Mission
and other staff;
- the chain of command and political control and
strategic direction (which are typical for a civilian European
Security and Defence (ESDP) mission);
- modalities for the participation of third states;
- financial arrangements;
- the need for co-ordination with the Commission's
activity in Kinshasa;
- and modalities for the release of classified
information and agreement of the status of personnel (which are
also typical of a civilian ESDP mission)."
23.5 He then explains the purpose of the FFM and
the detailed elements incorporated into the draft Joint Action:
"Given the urgent need to start planning and
the detailed content of the FFM report, it was decided that a
separate General Concept should not be developed. A Concept of
Operations will therefore be developed by the Secretariat based
on the FFM concept in due course. The FFM concept covered the
following main issues.
- The scope of the ESDP mission:
This notes that the
mission will be developed upon a request of the UN, and within
the comprehensive effort of the International Community to reform
and train the Congolese National Police (CNP).
- Mission statement:
The ESDP Police Mission in Kinshasa will
monitor, mentor, and advise the setting up and the initial running
of the IPU in order to ensure that the IPU acts following the
training received in the Academy Centre and according to the rules
commonly accepted by democratic countries. These actions should
be focused in the IPU chain of command to help them in the management
of the IPU and in the operational Units in the execution of its
tasks.
- Desired End-State and Exit Strategy:
This notes that the desired end state
is the IPU chain of command managing the Unit and the operational
units performing its tasks according to appropriate standards
without any further need for external monitoring and mentoring
presence. The exit strategy will be linked to the end of the election
process and a period for the consolidation of the Unit afterwards.
- Objectives: These
note that the ESDP Mission should aim at helping to ensure that:
- — The IPU's smooth
and seamless take over from the Neutral Force regarding the security
of the Transitional Government.
- — The link between the IPU and the
Congolese Ministry of Interior, in particular with the Police
Inspectorate General, and helping develop a plan for the future
of the IPU.
- — The Chain of Command is able to prepare
and implement the planning for the different areas of action,
including contingency planning.
- — Operational procedures for the different
tasks of the IPU are in place, including the procedures for the
setting up of an appropriate operations room.
- — A mechanism for collecting and analysing
relevant information is in place.
- — A functional administrative, logistics
and personnel management system is in place.
- — The IPU
is suitably equipped and this equipment is maintained and used
properly for the accomplishment of the IPU tasks.
- — The cohesion and team spirit is maintained
within the different levels of the IPU. The integration of the
various former factions is achieved and the IPU is free of political
interference.
- Methodology:
This notes that to
achieve these objectives EU staff should be co-located along the
structure of the IPU chain of command to enhance its managerial
and operational capacities, and maintain a sustained presence
and contact with the appropriate level of the IPU chain of command
structure and with the operational Units. It may therefore: follow-up
the tasks performed by the operational units, including the monitoring
and mentoring on the ground, on a selective basis; monitor and
mentor the programme for continued training for the IPU units
in reserve; and maintain a liaison with the Congolese Ministry
of Interior, in particular with the General Directorate.
- Structure and Staffing:
The FFM report presented two options.
Following discussion, it was decided that the mission should be
composed of 19 international police officers, four international
civilians and six local staff.
- Duration: The
mission will monitor, mentor and advise the IPU during
the Transition process until the holding of the elections (scheduled
in June 2005), and a period of consolidation after the elections
(estimated at three months). Due to the uncertainty over the date
of elections with a likely delay of at least three months, the
initial duration of the ESDP Police Mission in Kinshasa will be
one year (31 December 2005)."
23.6 The estimated cost to the CFSP budget is €4,370,000
(£3,040,000), with a UK contribution of approximately 15%
(€655,000/£456,000). Beyond this, the UK is unlikely
to provide any personnel, given the need for officers to be fluent
in French and experts in para-military policing (the IPU is based
on the French gendarmerie/Italian carabinieri policing model).
The Government's view
23.7 In his Explanatory Memorandum the Minister comments
as follows:
"The UK believes that to fail to follow-up the
training would nullify the considerable investment, in time, money
and personnel resources, involved in the training. Furthermore,
by monitoring, mentoring and advising the IPU, the EU will contribute
to the security of the transitional government in the run up to
the elections and provide a model for professional policing in
Kinshasa. The UN has also asked for EU support in this area to
help guarantee the security of the provisional institutions in
Kinshasa. The ESDP Mission, which will deploy in Kinshasa, also
underscores the EU strong political commitment, both to the Congolese
Authorities and to MONUC (the UN Mission in the DRC).
"The Joint Action notes that the ESDP mission
should be launched by early January 2005 in order to avoid a long
delay between the training and follow-up mission. The UK supports
this."
Conclusion
23.8 Given the relative novelty and the fast-moving
nature of European Security and Defence Policy, effective scrutiny
is a challenging and evolving process. We are grateful to the
Minister for once again informing us in good time of the latest
developments in a plainly justifiable EU endeavour. It is evident
that the experience of earlier similar missions has been used
to good effect in planning this, the first Police Mission in Africa.
We have no questions to put to the Minister, and accordingly
clear the document.
59 (25639) - ; see HC 42-xx (2003-04), para 20 (18
May 2004). Back
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