19 CFSP: EU support for the Democratic
Republic of Congo
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(28651)
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| Draft Joint Action to establish a police mission leading on Security Sector Reform and its justice interface in the Democratic Republic of Congo (EUPOL Democratic Republic of Congo)
Draft Council Joint Action establishing a European Union advice and assistance mission on security sector reform in the Democratic Republic of Congo (EUSEC Democratic Republic of Congo)
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| Legal base | Articles 14 and 25(3) EU; unanimity
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EMs of 24 May 2007
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| Previous Committee Report | None
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| To be discussed in Council | 12 June Justice and Home Affairs Council
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
19.1 The previous police mission in the Democratic Republic of
Congo (EUPOL Kinshasa) was launched in April 2005 to support the
development of the Integrated Police Unit and play a key role
in the protection of the transitional government, crowd control
and public disorder leading up to the elections in 2006.
19.2 The mandate of EUPOL Kinshasa was extended and
amended in April 2006 to allow a temporary reinforcement of the
mission to cover the election period. Democratic elections, the
first since independence, were successfully held in September
2006. The reinforcements drew down in March 2007 and the mission's
mandate will come to an end on June 30.
19.3 On the 2 May 2005 the Council adopted a Joint
Action launching the European Security and Defence Policy mission
EUSEC Democratic Republic of Congo (DRC). Its principal aim, to
quote the Minister for Europe at the Foreign and Commonwealth
Office (Mr Geoffrey Hoon) "was to support the transition
process in the DRC, including the creation of an integrated, restructured,
and inclusive national army".
19.4 Democratic elections in September 2006 marked
the end of the transition process and allowed the formation, in
2007, of a government which adopted a programme prioritising reform
in the police, the armed forces, and the judiciary.
19.5 In his two Explanatory Memoranda of 27 May,
the Minister notes that Council Conclusions agreed on 15 September
2006 indicated that the EU was prepared to undertake, in close
cooperation with the UN, the coordination of international efforts
in security sector reform in order to support the Congolese authorities
in this area. He recalls that, in this context, the Council Secretariat
and the Commission, in coordination with the Congolese authorities,
carried out two fact-finding missions to the Democratic Republic
of Congo (DRC), in October 2006 and March 2007, with the aim of
developing the EU's approach to security sector reform.
The draft Joint Actions
19.6 The Minister says that these new Joint Actions,
due to be agreed at the 12 June, aim:
— to
establish "a police mission leading on Security Sector Reform
and its justice interface in the Democratic Republic of Congo
(EUPOL Democratic Republic of Congo)"; and
— to allow, via a new and revised mandate,
the EUSEC (DRC) mission to build on the substantial progress already
made during the previous two years and continue to contribute
to the integration of the different armed factions in the DRC,
and assist Congolese efforts to restructure and reconstruct the
army. The mission's mandate will expire on 30 June 2008.
19.7 The Minister further explains that the new police
mission aims to build on the work of EUPOL Kinshasa and, in line
with the recommendations of the fact-finding missions, provide
continuing support for security reform within the police force
and the justice system. He says that it will offer advice and
assistance directly to the competent Congolese authorities through
the Police Reform Steering Committee and the Mixed Committee on
Justice. He explains that the former is to be set up by the Prime
Minister at the instigation of the President, in order to take
forward the police reform foreseen in the government programme,
while the Mixed Committee on Justice has been running since 2005,
guiding reform of the judiciary during the transition. "The
aim is to ensure that the policies promoted are compatible with
international human rights standards, democratic norms, principles
of good management of public affairs, transparency, and respect
for the rule of law".
19.8 He goes on to outline the mission's modus
operandi. He makes it clear that EUPOL Democratic Republic
of Congo will not have executive powers; instead, "through
monitoring, mentoring and advising, with an emphasis on strategic
direction", the mission will:
— contribute
to the reform and restructuring of the Congolese National Police
by supporting the implementation of a viable, professional, and
multi-ethnic/integrated police force, with the full participation
of the Congolese authorities in the process;
— contribute to improved interaction between
the police and the wider criminal justice system;
— contribute to the coherence of the various
efforts undertaken in the field of security sector reform; and
— work in close cooperation with EUSEC
Democratic Republic of Congo and European Commission projects,
and other international efforts towards the reform of the police
and criminal justice sectors.
19.9 He attaches the text of the Joint Action, in
French, accompanied by an unofficial translation, explaining that
an official translation is being prepared by the Council Secretariat
but will not be available until after the text has been agreed
at Council.
19.10 With respect to the new and revised mandate
for the EUSEC (DRC) mission, the Minister says that the mission,
in close cooperation with other international actors, in particular
the UN, shall provide support to the reform of the security sector
in the Democratic Republic of Congo by:
— offering
advice and assistance to the Congolese authorities in their work
on the restructuring and reconstruction of the Congolese army,
especially through:
- contributing to the development
of different national policies and concepts, including work on
horizontal aspects encompassing all areas included in security
sector reform in the Democratic Republic of Congo; and
- offering support to the committees and authorities
involved in this work as well as contributing to the agreement
of the priorities and needs of the Congolese.
— completing
the technical assistance project assisting in the modernisation
of the Democratic Republic of Congo Ministry of Defence chain
of payments, in order to complete the work set out in the general
concept for this project;
— identifying and contributing to various
projects that the European Union and its Member States decide
to support in the area of security sector reform; and
— taking an overview of specific projects
financed or initiated by Member States within the framework of
the mission objectives, and in coordination with the Commission.
19.11 The mandate will expire on 30 June 2008.
The Government's view
19.12 The Minister says that the Government fully
supports the European Union's action in the Democratic Republic
of Congo under the European Security and Defence Policy. Since
the elections last year, EUPOL Kinshasa has continued to provide
support to the Congolese police in their efforts to help create
a functioning and legitimate security sector; and that, with the
mandate of EUPOL Kinshasa coming to an end on June 30, the EU
has decided to launch this new mission taking a more strategic
approach to reform of the police service and justice sector throughout
the country.
19.13 He also says that international efforts at
army reform are helping to persuade militia groups to disarm and
integrate into the army, which will help to increase stability
in the Democratic Republic of Congo and the region; the UK is
demonstrating its commitment to this activity by continuing to
contribute experts to this mission. He continues as follows:
"Further reforms are necessary to create
a truly national and republican army to encourage the remaining
militias, many of which are formed along ethnic lines, to do likewise.
Reforms are also needed to help the Democratic Republic of Congo
and its neighbours deal with foreign rebel groups, which are based
in the Democratic Republic of Congo and cause regional instability.
"A large proportion of violent crimes in
the Democratic Republic of Congo, including rape and human rights
violations, are perpetrated by members of the security sector.
Reforming the army is vital in reducing corruption within its
high command and for promoting the rule of law. The chain of payments
project also contributes to this effort. Soldiers who are paid
are less likely to resort to crime to feed themselves and their
families".
19.14 He concludes by noting that the two missions
will work closely together, and that "the EU will consider
the possibility of integrating the two missions next year".
Funding
19.15 Funding for Common Costs is met from the Common
Foreign and Security Policy budget. The Minister explains that
a financial statement has not yet been prepared but the cost is
estimated to be €5
million for EUPOL DRC and €10
million for EUSEC DRC; with the UK currently contributing 17%
towards the CFSP budget, the cost to the UK will thus be approximately
£580,000 and £1,160,000 respectively.
19.16 The Minister notes that the UK currently contributes
three personnel to the current EUSEC DRC mission, funded by the
Whitehall Peacekeeping Budget (which is a call on the Treasury's
central contingency reserve); and that, while the UK has not committed
personnel to the policing mission and does not currently plan
to do so, he does not rule out making a small contribution in
the future.
Timetable
19.17 The Minister concludes by saying that the Joint
Actions were to have been agreed at the 7 June Transport Council,
"but this adoption timetable would not have given sufficient
time for parliamentary scrutiny", so the document will now
be considered at the 12 June Justice and Home Affairs Council.
Conclusions
19.18 We are grateful to the Minister for this
consideration, which follows on from earlier communications that
have kept us informed of likely developments in the DRC in the
run-up to, during and after the elections to which he refers.
19.19 We have no questions to put to the Minister.
Though the overall situation in the DRC is of concern, it is no
doubt right for the EU to continue its endeavours to support the
new, democratically-elected authorities. We are reporting these
latest such endeavours in view of the interest in the House in
both Common Foreign and Security Policy and in the region.
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