Select Committee on European Scrutiny Thirty-Third Report


2 Security Sector Reform

(27567)

COM(06) 253

+ ADD 1

Commission Communication: A concept for European Community support for Security Sector Reform

Legal base
Document originated24 May 2006
Deposited in Parliament9 June 2006
DepartmentInternational Development
Basis of considerationEM of 21 June 2006
Previous Committee ReportNone
Discussed in Council12 June General Affairs and External Relations Council
Committee's assessmentPolitically important
Committee's decisionNot cleared; further information requested

Background

2.1 The 21-22 November 2005 General Affairs and External Relations Council adopted the following conclusion on European Security and Defence Policy (ESDP) support for Security Sector Reform:

    "The Council noted that the PSC[2] had agreed on an EU Concept for ESDP support to Security Sector Reform (SSR), and recalled that support to SSR in partner countries is a core area for EU action as identified in the European Security Strategy (ESS). A concrete manifestation of this is the ongoing ESDP mission in support of SSR in the DRC (EUSEC RD Congo). The Council underlined that this concept will facilitate the planning and conduct of ESDP missions in the field. The Council furthermore noted that EU support to SSR would be based on democratic norms, internationally accepted principles of human rights, the rule of law, respect for local ownership, and coherence with other areas of EU external action. The Council welcomed the Commission's intention to develop an EC Concept for SSR covering first pillar activities, and agreed that due consideration be given to joining these two strands within the framework of an overarching EU concept for SSR."[3]

2.2 For its part, the Commission also notes that SSR has been an integral part of EU integration, enlargement and external assistance for many years; that, "through Community instruments, the EU has supported reform processes in partner countries and regions in different parts of the world and under a wide range of policy areas. These include policies and instruments which fall under Development Co-operation, Enlargement, the Stabilisation and Association Process, the European Neighbourhood Policy, Conflict Prevention and Crisis Management, Democracy and Human Rights, and the External Dimension of the area of Freedom, Security and Justice."[4]

2.3 The Commission then recalls the development of additional EU capacity to support SSR under its Common Foreign and Security Policy (CFSP), as reflected in the European Security Strategy (adopted by the European Council in December 2003); thus ESDP missions and Community action in the area of SSR "can complement each other, especially in countries in crisis or post-crisis situations". It also notes that some EU Member States are very active in bilateral SSR processes, and that the need for a more coherent and common EU concept on SSR across the three pillars has, therefore, been raised by Member States and the Commission in order to contribute to more effective EU external action in this area. "This concept paper is the European Commission's contribution to a clearer and integrated EU policy framework for engaging in security system reform."

The Commission Communication

2.4 The Commission examines what security is, how it is provided and what the European Community (EC) should be seeking to achieve. It says that people should be able to expect the state to maintain peace, safeguard their lives, property and other rights and prevent rights and institutions being undermined. Based on the OECD-DAC definition,[5] the security system is all state institutions and other entities with a role in ensuring the security of the state and its people, viz:

—  Core security actors: including law enforcement institutions: armed forces; police; gendarmeries; paramilitary forces; presidential guards; intelligence services; coast guards; border guards; customs authorities; reserve or local security units.

—  Security management and oversight bodies: parliament/legislature; government/the executive, including ministries of defence, internal affairs, foreign affairs; national security advisory bodies; customary and traditional authorities; financial management bodies; and civil society, including the media, academia and NGOs.

—  Justice institutions: justice ministries; prisons; criminal investigation and prosecution services; the judiciary (courts and tribunals), implementation justice services (bailiffs and ushers), other customary and traditional justice systems; human rights commissions and ombudsmen; etc.

—  Non-statutory security forces: liberation armies; guerrilla armies; private bodyguard units; private security companies; etc.

2.5 Against this background, SSR means "transforming the security system, which includes all these actors, their roles, responsibilities and actions, working together to manage and operate the system in a manner that is consistent with democratic norms and sound principles of good governance, and thus contributing to a well functioning security framework". The objective is "to contribute explicitly to strengthening of good governance, democracy, the rule of law, the protection of human rights and the efficient use of public resources. In this respect, civilian control and Parliamentary oversight are key aspects of SSR."

2.6 It is a long term process which requires strong national ownership. The EC supports SSR related activities in over 70 countries. Its "added value in support of SSR" derives from: the Commission's supranational nature and experience in promoting democracy and human rights; its global reach and long-term presence on the ground; its commitment to policy coherence for development; its ability to draw on a wide range of instruments and on the experience of most of the new Member States; and its potential to coordinate with action carried out by the EU under ESDP, Member States and other organisations. To consolidate EU support for SSR, the EU needs to ensure greater synergy between ongoing Community and Member State support and ESDP missions. The EC contribution can be improved by: integrating SSR into Country and Regional Strategy Papers; prioritising SSR under the new Financial Instruments; ensuring coordinated planning and implementation with the Council Secretariat and Member States; developing tools for implementation; expanding the pool of SSR experts; developing specific SSR training; prioritising SSR under the new Financial Instruments (Pre-Accession, European Neighbourhood and Partnership, Stability and Development and Economic Co-operation); and strengthening co-operation with international partners (UN, OECD, Council of Europe, OSCE and AU).

The Government's view

2.7 In his 21 June 2006 Explanatory Memorandum, the Parliamentary Under-Secretary of State at the Department for International Development (Mr Gareth Thomas) says that he strongly welcomes the release of this Communication. Encouraging a greater focus within the EU on SSR is a key priority for HMG. Following an initiative under the UK Presidency, a concept for ESDP support to SSR was agreed in November 2005. In the same month, the UK co-sponsored a seminar in Brussels on SSR with the Commission, bringing together those working on the issue in the Commission and Council Secretariat, as well as Member States. The aim was to highlight the need for a common SSR concept to guide planning and programming in all external action, and raise awareness of existing practice and principles for donor support to SSR.

2.8 Overall, he supports the contents of the Communication, drawing as it does on the definition of the security system set out by the Development Assistance Committee (DAC) of the Organisation for Economic Co-operation and Development (OECD) in its 2004 publication Security System Reform and Governance, Policy and Good Practice, and also on many of the principles and guidelines outlined in that document. He would like to have seen "more emphasis on the fact that SSR is also about ensuring the provision of security for all, but also access to justice". Although the Communication rightly refers to SSR as being about ensuring the security of people (not just the security of states), it "would benefit from greater emphasis on the provision of security and justice for the poor and marginalised. We will want to see these issues fully reflected in future Commission work on SSR."

2.9 Looking forward, he sees the key challenge as:

    "to ensure that the Communication is translated into practice, resulting in strengthened EC programming on SSR, better co-ordinated with ESDP action, work by Member States and other donors and multilateral institutions. We understand that the first step is likely to be a seminar in the autumn this year for EC delegations, focused on the challenges of implementing SSR programmes in the field."

2.10 As the Commission and the Finnish Presidency takes forward this process over the coming months, he will accordingly:

    "aim to ensure that the Commission utilises the Implementation Framework for SSR currently being developed by the Organisation for Economic Corporation and Development, Development Assistance Committee [OECD DAC], which is intended to be a guide for country governments and their partners to conducting SSR assessments, designing, implementing, monitoring and evaluating SSR programmes."

2.11 He will also encourage the Commission to allocate the increased resources that he says will be required if the recommendations in the Communication are to be implemented effectively.

2.12 Finally, he attaches (as do we, as the Annex to this Report) the Conclusions on the Communication adopted at the 12 June 2006 General Affairs and External Relations Council, which:

    "welcomed the Communication and invited future Presidencies and the Commission to progressively translate the policy framework for EU engagement on SSR (formed by this Communication and the concept for ESDP support to SSR agreed in November 2005) into operational actions by the European Community and in the framework of ESDP".

Conclusion

2.13 There has been growing acceptance that security, as defined herein, is fundamental to not only the economic growth and democratic sustainability of the EU's immediate neighbourhood (witness the successful transformation of some of the new Member States) but also to that of countries further afield, where its absence is the prime mover in the uncontrolled immigration that is washing up on the Union's southern shores. So, moral aspects apart, SSR is plainly in the Union's interest. We therefore endorse the Communication's aims and approach.

2.14 The Minister is plainly right in underlining the importance of effective implementation, which will in major part depend on effective co-operation between the Commission and the Council and Member States, especially within the framework of ESDP. We therefore ask that the Minister writes to us in a year's time with his assessment of how effectively the recommendations in the Commission have been implemented and of how effective inter-institutional coordination and co-operation has been.

2.15 We recognise that — as with the ESDP operations in the DRC to which the November 2005 General Affairs and External Relations Council Conclusions — individual Joint Actions will be submitted to us for scrutiny. But that is, in a real sense, too late in the process. What is equally important is that the House has an opportunity to scrutinise the strategy that lies behind the individual actions, be it that of the EC or of the Council under ESDP. With regard to the former, we have a Commission Communication that is deposited three days before being welcomed by the Council: with the latter — though called a "concept", a common strategy by any other name — no document has been submitted at all. We should therefore be grateful if the relevant Department for International Development and Foreign and Commonwealth Office Ministers would explain to us why the underlying policy documents were not submitted in a timely fashion, so that the House could give its view before the policy was agreed in Council.

2.16 In the meantime, we shall keep the document under scrutiny.


2   The committee of senior officials from national delegations who, under article 25 of the EU Treaty, monitor the international situation in areas covered by the CFSP and, under the general responsibility of the Council, exercise political control and strategic direction of crisis management operations. Back

3   http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/gena/87093.pdf. Back

4   COM (06) 253, page 3. Back

5   Security System Reform and Governance, Policy and Practice, DAC Guidelines and Reference Series (Paris: OECD 2004).

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