3 European Security and Defence Policy:
Policing in Afghanistan
| (31071)
—
—
| Council Joint Action amending Joint Action 2007/369/CFSP on the establishment of the European Union Police Mission in Afghanistan (EUPOL Afghanistan)
|
| Legal base | Articles 14 and 25(3) TEU; unanimity
|
| Department | Foreign and Commonwealth Office
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| Basis of consideration |
EM of 2 November 2009 |
| Previous Committee Report
| None; but see (30100)—: HC 16-xxxv (2007-08), chapter 14 (12 November 2008); (29517) —: HC 16-xv (2007-08), chapter 7 (12 March 2008); and (28556) —: HC 41-xviii (2006-07), chapter 16 (25 April 2007)
|
| To be discussed in Council
| 16 November 2009 General Affairs and External Relations Council (GAERC)
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| Committee's assessment |
Politically important |
| Committee's decision |
For debate in European Committee B
|
Background
3.1 As recorded in the preamble to Joint Action 2007/369/CFSP,
on 16 November 2005 the Council agreed on the Joint Declaration
"Committing to a new EU Afghan Partnership", which stated
the commitment of the European Union and the Government of the
Islamic Republic of Afghanistan "to a secure, stable, free,
prosperous and democratic Afghanistan as laid out in the Afghan
Constitution adopted on 4 January 2004 [14 Dalwa 1383]. Both parties
wish to see Afghanistan play a full and active role in the international
community and are committed to building a prosperous future free
from the threats of terrorism, extremism and organised crime".
3.2 Subsequently, on 31 January 2006, the Afghanistan
Compact (London) affirmed the commitment of the Government of
Afghanistan and the international community and established a
mechanism for co-ordinating Afghan and international efforts over
the next five years "to work towards conditions where the
Afghan people can live in peace and security under the rule of
law, with good governance and human rights protection for all,
and can enjoy sustainable economic and social development".
3.3 Against this background, and following two assessment
missions, the Council agreed to the establishment of the EU police
mission to Afghanistan (EUPOL Afghanistan), who would "work
towards an Afghan police force in local ownership that respects
human rights and operates within the framework of the rule of
law"; it should "build on current efforts and in doing
so it should address issues of police reform at central, regional
and provincial level". This decision was subsequently endorsed
in March 2007 in United Nations Security Council Resolution 1746
(2007), which welcomed the decision by the European Union "to
establish a mission in the field of policing with linkages to
the wider rule of law and counter-narcotics, to assist and enhance
current efforts in the area of police reform at central and provincial
levels".
3.4 The mission's detailed terms of reference and
modus operandi were also set out in Joint Action 2007/369/CFSP,
which we cleared on 25 April 2007.[6]
In short, EUPOL Afghanistan was established on 30 May 2007 with
a three-year mandate; its role is to increase the capacity of
the Government of Afghanistan in the rule of law sector, including
working closely with European Commission and US efforts in Afghanistan
in the field of policing with linkages to the wider rule of law.
The operational phase of EUPOL Afghanistan started on 15 June
2007. Its main tasks are to:
— develop
police reform strategy, including work towards a joint overall
strategy of the international community;
— support
the Government of Afghanistan in coherently implementing strategy;
— improve cohesion and co-ordination among
international efforts;
— address linkages to the wider rule of
law.
3.5 Although the Mission was launched with a three-year
mandate, decisions on financing are taken annually. The further
Joint Action that we cleared on 12 March 2008 extended the financing
beyond 29 March 2008. In his accompanying Explanatory Memorandum
of 6 March 2008, the then Minister for Europe explained that:
— funding
for Common Costs (HQ, in-country transport, office equipment etc)
is met from the Common Foreign and Security Policy budget, to
which the UK currently contributes approximately 17%;
— the Mission did not yet require additional
funding beyond the €43.6m allocated in 2007, of which the
UK contributed approximately £5.7m;
— the Joint Action therefore allowed the
Mission to continue to draw from that allocation.
3.6 The then Minister went on to say that the quality
of policing in Afghanistan was crucial for the success of security
and development efforts, and essential for efforts to reduce narcotics
trafficking — "a key focus for the UK and an area with
serious implications on our own streets, where 90% of heroin is
sourced from Afghanistan". He described EUPOL Afghanistan
as "an essential complement to the large US investment in
police reform ($2billion)", in that "it provides civilian
policing expertise to focus on the strategic and institutional
issues that will determine the success of police reform in the
long term", with EUPOL Afghanistan "concentrated at
the strategic level whereas the US programme is currently focussed
on district by district training", and "working with
the Afghan Border Police to support them in gaining control over
Afghanistan's large and porous border."
3.7 EUPOL Afghanistan also "brings coherence
to the efforts of non-US police reform donors and works closely
with the US programme through the International Police Co-ordination
Board (IPCB), for which it provides a Secretariat", which
body he described as "a crucial mechanism for driving forward
work on a shared Afghan/international vision for the police in
Afghanistan which will be essential to ensure that police reform
gains the momentum it needs to make real progress." He supported
EUPOL Afghanistan as:
"… a fundamental element of the UK's strategy
for engagement in police reform in Afghanistan, which also encompasses
work with the US on its policing programme and additional ground-level
support in Helmand. These complementary approaches can be clearly
seen in Helmand province, where UK secondees within EUPOL work
alongside tactical mentors in the field, and are also working
to support the US Focussed District Development programme as it
rolls out into the province."
3.8 In clearing the Joint Action we said that our
understanding was that, although the EUPOL Afghanistan mandate
was for three years, the financial timeline was set until March
2008 in order to avoid over-commitments on the 2008 budget at
that early stage in the budget cycle; that, so far, only €9
million of the €43.6 million allocated in 2007 had been spent;
but that a large bill was expected in April, and the spend rate
was expected to increase as deployment and procurement speeded
up.
3.9 We also recalled that, when we cleared the initial
Joint Action, we had noted that it called for a six monthly review
process in order to adjust mission size and scope as necessary
(as well as a full review of the mission by March 2010), and asked
the Minister to write to us on the occasion of the second such
six monthly review, with details of the final budget, any proposed
changes to the mission size and scope, the next year's budget,
and his assessment of the mission's achievements thus far. We
looked forward to receiving this, and asked for this assessment
to include his views on the commitment of the national and regional
political leadership to the objectives outlined in paragraphs
3.1-3.3 above — "an Afghan police force in local ownership
that respects human rights and operates within the framework of
the rule of law" — and thus to EUPOL Afghanistan's
success.
3.10 The then Minister wrote to the Committee on
23 May about the likely commitment by the 26-27 May GAERC to increase
significantly the number of experts in EUPOL Afghanistan, which
now consisted of seconded personnel from 20 different Member States.
In addition to reinforcing the points he had made earlier, he
said that deploying additional personnel in the provinces and
in "niche areas such as criminal investigation" would
significantly increase the mission's impact. He said that the
operating environment continued to be "challenging";
the Government would therefore ensure that EU Partners and the
Council Secretariat remained focused on the importance of ensuring
that the mission's logistical and security arrangements could
support the deployment of additional officers (the strength then
being 132 personnel deployed against the original target size
of 232 personnel; the UK contribution then being the third largest,
with eleven secondees deployed in Kabul and Helmand, including
the Deputy Head of Mission (Operations), and more secondees in
pre-deployment training; the Government intended to increase its
contingent to 20 officers).
3.11 The then Minister wrote again on 16 July, to
advise us that a Joint Action to extend mission financing would
be adopted by written procedure on or before 1 August, so that
all the financial procedures could be completed for the arrival
of a new Head of Mission in September, which he followed up with
a 4 August Explanatory Memorandum.
3.12 The then Minister again underlined support for
the Mission as a fundamental element of the UK's strategy for
engagement in police reform in Afghanistan, which also encompassed
work with the US on its policing programme and with counter-narcotics
policing. A "fair and effective police force in Afghanistan"
was crucial for the success of security and development efforts,
and essential for efforts to reduce narcotics trafficking. It
was "an essential complement" to the large US-funded
programme of paramilitary district-by-district training, providing
civilian policing expertise to focus on the strategic and institutional
issues that will determine the success of police reform in the
long term. The EU Mission was also working with the Afghan Border
Police to support them in gaining control over Afghanistan's large
and porous border. The International Police Co-ordination Board
(c.f. paragraph 3.7 above) was making progress in taking forward
work on "a shared Afghan/international vision for the form
and function of the police in Afghanistan, which will be essential
to ensure that all international work with the Afghan police is
working towards the same objectives". The majority of UK
policing resources were focused on providing ground-level support
to the police in Helmand, but their long term effectiveness was
dependent on the existence of functioning policing institutions
with links to the wider rule of law sector.
3.13 Finally, the then Minister noted that the Mission
had now reached 170 international personnel, with 40% deployed
outside Kabul in 14 provinces; that overall manpower requirements
continued to stand at 232 international personnel; and that more
personnel would be deployed during the summer.
3.14 The Committee cleared this further Joint Action
on 10 September without a Report to the House, in anticipation
of a further Joint Action and the opportunity it would give the
Minister to provide his assessment of the mission's achievements
thus far and respond to the Committee's interest in the commitment
of the national and regional political leadership to the Mission
(c.f. paragraph 3.9 above).
3.15 On 21 November 2008 the Committee considered
this further draft Joint Action, enabling the Council to adopt
a financial reference amount to cover the expenses of EUPOL Afghanistan
for the period from 1 December 2008 until 30 November 2009.
3.16 In her Explanatory Memorandum of 6 November
2008, the then Minister for Europe at the Foreign and Commonwealth
Office (Caroline Flint) says that this would provide the funding
to support the EU's commitment to doubling the size of the mission.
3.17 Reiterating many of the same points as her predecessor,
the Minister said that reducing narcotics trafficking was "a
key focus for the UK as Partner Nation for Counter Narcotics."
The Mission had now reached full operational capability, "including
a significant proportion deployed outside Kabul in 14 provinces";
this had been possible "only through significant expansion
of the logistical base of the mission…. Planning for this
increase is now underway, and staffing for it should arrive in
2009." Expanding the mission would "enhance its visibility
and enable it to deliver a greater impact." As well as an
increase in personnel and activity at central level, there would
also be increased presence at the regional and provincial levels.
The mission would "increase its focus on mentoring criminal
investigation skills to the Afghan police as well as mentoring
to officials in the Ministry of Interior, including on anti-corruption
efforts." There would also be "greater engagement with
the Afghan National Police, as well as on border management issues."
Training activities would also be increased in order to "better
complement the US Focussed District Development Programme."
3.18 Turning to the Resource Implications,
the Minister said that:
— the
new financial reference amount was €65 million for the next
12 months (then approximately £51.5 million), which meant
that, in line with the funding formula for Common Costs, the UK
contribution approximately would be approximately 17%, i.e., approximately
€11 million (then c.£8.7 million);
— the UK contributed 11 personnel to the
Mission, funding for which positions came from a combination of
the Whitehall Peacekeeping Budget (a call on the Treasury's central
contingency reserve) and the FCO-MoD-DFID Stabilisation Aid Fund.
Our assessment
3.19 The Committee noted that although the Government
continued to make a convincing case for the action proposed, it
also continued not to respond effectively to our request for informed
comment on achievements so far, failings (if appropriate) and
lessons so far learned.
3.20 We also noted that EUPOL Afghanistan had now
been operational for nearly 18 months. The continuing debate over
the security situation and the threats posed to the "development
community", of which EUPOL Afghanistan was a part, inevitably
raised questions over its capacity to provide the assistance with
which it had been tasked. So, too, did the oft-expressed concerns
over the reliability of the police and officials whom it had been
sent to advise — hence our requests for information to the
then Minister's predecessor. There were also questions over the
commitment of other Member States and the quality of some of the
officers provided by them. The cost would now be over €100
million. We were not seeking to challenge the Government's position.
But we nonetheless felt that the House deserved to hear from the
then Minister about the aspects that we had raised — her
assessment of the mission's achievements thus far and of the commitment
of the national and regional political leadership to what her
predecessor called a "fair and effective police force in
Afghanistan", which was (as the Council put it) "in
local ownership that respects human rights and operates within
the framework of the rule of law", as well as the other concerns
noted above.[7]
The then Minister for Europe's letter of 13 March
2009
3.21 Our attention has now been drawn to a letter
from the then Minister for Europe of 13 March 2009, which we have
yet to receive, but which provides the then Minister's assessment
of EUPOL Afghanistan's achievements to date and of the commitment
of the Afghan political leadership to police reform in Afghanistan:
"In the last six months, the mission has seen
a new energy with the appointment of the Danish Head of Mission,
Kai Vittrup. EUPOL Afghanistan has now deployed personnel to almost
all regions and provinces in Afghanistan to support and train
local police. The mission has also succeeded in building relations
between EUPOL, key international partners, including the US, and
those in government. These constructive links have placed EUPOL
in a primary position to deliver on key Afghan priorities. For
example, the new Interior Minister Atmar recently instructed the
Head of Kabul City Police to work very closely with EUPOL, clearly
placing a great deal of trust in EUPOL policing expertise.
UK personnel are a major contributing factor to EUPOL's achievements.
In Kabul, we second the mentor to the deputy Minister of Interior
and are heading up the Kabul City security project. In Helmand,
the UK EUPOL contingent has been at the centre in building the
Provincial Police Headquarters and the development of the recently
established "crimestoppers" line.
3.22 The then Minister then notes that the March
2009 GAERC "reiterated the need to urgently improve its engagement
in Afghanistan so that EUPOL becomes 'an essential contribution
to the establishment of a competent and legitimate Afghan National
Police Force'"; that the mission was supported by 16 European
Member States; that the size of the mission was "steadily
increasing to its current 216 personnel"; and that there
was also "considerable bilateral funding for projects which
complement EUPOL" (Sweden leading a seminar to train Senior
Afghan officials from across the legal spectrum; Germany having
provided significant funding for an anti-corruption unit in Kabul;
the UK providing £15.4million in funding for Rule of Law
activities in Afghanistan).
3.23 Turning then to Afghan politicians and officials,
the then Minister said that they :
"… increasingly recognise the importance
of EUPOL and the need to reform the Afghan National Police.
Minister of Interior Atmar sees EUPOL as central to efforts
to build up Rule of Law in Afghanistan and has personally contributed
to progress by removing some corrupt elements of the senior police
force. The provincial political leadership are also actively engaged
with the mission. In Helmand Province, Governor Gulab Mangal has
initiated the formation of an independent standards unit led by
a British EUPOL mentor and comprising Afghan police and military
to identify and act on police corruption. Through all of its work,
EUPOL aims for Afghan ownership of policing and rule of law reform
and this is starting to bear fruit. The drafting of the Afghan
National Policing Plan is currently being led by the Ministry
of Interior with EUPOL support and is due to be finalised in the
next few weeks."
3.24 The then Minister concluded by noting that:
"There is clearly still much further to go if
Afghanistan is to establish a "fair and effective police
force", but EUPOL is step by step making some significant
contributions to this effort. The UK has argued strongly that,
in the short term, the mission needs to focus firmly on a small
number of key priorities and then to build out towards working
across the full scope of its mandate. To do this, the mission
needs to be fully staffed and we are urging EU partners who contribute
less in military terms in Afghanistan to put more resources into
the civilian effort. The Czech Presidency is currently taking
forward detailed work to consider wider force generation issues
in EUPOL Afghanistan to push towards the commitment for 400 personnel
in the mission."
The then Minister for Europe's letter of 15 July
2009
3.25 Then, on 15 July 2009, the Committee received
a further letter from her successor, the then Minister for Europe
at the Foreign and Commonwealth Office (Baroness Kinnock of Holyhead),
who likewise begins by referring to the appointment of the Danish
Head of Mission in October 2008:
"With his leadership and drive, EUPOL has gained
in confidence and credibility, and is now established as the main
provider of civilian policing expertise to the Ministry of Interior
and international community. EUPOL Afghanistan has now deployed
personnel to almost all regions and provinces in Afghanistan to
mentor and develop local police. The mission has also succeeded
in building relations at the highest levels with key international
partners, including the US, and with Afghan authorities, which
is crucial for its ability to carry out strategic level mentoring
and influencing in line with the mission's mandate.
3.26 The then Minister said that UK Personnel "are
a major contributing factor to EUPOL's recent success and continue
to receive high praise for their efforts in EUPOL", noting
that in Kabul, the mentor to the deputy Minister of Interior is
a UK secondee and has "led the successful Kabul City Police
Project."
3.27 In Helmand, the then Minister said:
"… the UK EUPOL contingent has sought to
impact upon the lives of ordinary Afghans by supervising the design
and construction of the Provincial Police Headquarters and developing
an innovative 'crimestoppers' line. This hotline now receives
over 100 calls per day from the local community reporting crimes
which are then investigated. It has been a key tool in building
the credibility of Afghan community policing, and is now being
taken into the regions."
3.28 The then Minister noted that:
— staffing
levels had increased from 180 in December 2008 to 240, "with
further increases expected later in the year", which, she
said, "follows considerable focus on this issue, including
UK-led discussions to increase daily allowances for personnel
serving in Afghanistan";
— the mission was now being supported by
19 Member States and also by contingents from Canada, New Zealand,
Norway and Croatia, "supporting the UK priority for sharing
the burden in Afghanistan, while helping to increase the capacity
and diversity of skills in the mission."
3.29 However, "despite recent successes",
the then Minister felt that there was "clearly further to
go if Afghanistan is to establish a "fair and effective police
force"." As a step towards this, she said, the UK had
"pressed successfully for the mission to focus on a set of
key priorities within its current mandate, to ensure that it can
make quick progress" and to help the mission "consolidate
its lead on civilian policing, making best use of its niche expertise."
This had led in June to Member States agreeing in the Political
and Security Committee six strategic priorities proposed by the
Head of Mission which would set the direction for activities over
the next six months:
— anti-corruption;
— intelligence-led policing;
— police command, control and communications;
— CID work;
— linking police and prosecutors; and
— building gender and human rights into
the Afghan National Police.
3.30 Finally, the then Minister observed that:
"Afghan politicians and officials increasingly
recognise the importance of EUPOL and the need to reform the Afghan
National Police. Minister of Interior Atmar sees EUPOL as central
to efforts to build up Rule of Law in Afghanistan and has personally
contributed to progress by removing some corrupt elements of the
senior police force. The provincial political leadership are also
actively engaged with the mission. In Helmand Province, Governor
Gulab Mangal has initiated the formation of an independent standards
unit led by a British EUPOL mentor and is supporting Afghan police
and military to identify and act on police corruption. Through
all of its work, EUPOL aims for Afghan ownership of policing and
rule of law reform. This is starting to bear fruit."
The draft amending Joint Action
3.31 This Joint Action extends the financing for
the European Union Police Mission in Afghanistan (EUPOL Afghanistan)
beyond 30 November 2009 until the end of its current mandate in
May 2010.
3.32 The Joint Action also provides for the establishment
of a project cell which will enable the mission to identify and
implement small scale projects that support its overall mandate.
The Government's view
3.33 In his Explanatory Memorandum of 2 November
2009 the Minister for Europe (Chris Bryant) says that:
"… EUPOL Afghanistan has turned a corner
and is now regarded by other international players in country
as providing a unique set of civilian policing expertise to help
develop the Afghan National Police (ANP)."
3.34 The Minister reports that there "has been
progress against all priorities and the Minister of Interior has
expressed his satisfaction with EUPOL's work". As well as
continuing to mentor, train and advise Afghan counterparts, the
Minister says that "notable recent successes" include:
- "Since July the 'crimestoppers'
hotline in Helmand, which enables the local community to report
crimes anonymously, has led to the arrest of four officers on
corruption charges. This initiative has proved helpful in promoting
community engagement with the police and is being replicated through
EUPOL's work in other provinces.
- "The first Basic Criminal Investigation
Course for Anti-Corruption Officers commenced as part of EUPOL's
efforts to create an effective anti-corruption capacity within
the ANP.
- "EUPOL played an important role in preparing
for the secure conduct of the national elections on 20 August.
The mission trained 350 police officers in Kabul, Mazar-i-shariff,
Herat, and Kandahar who then conducted training for 35,000 police
officers in advance of the elections. During the elections the
police behaved better than expected.
3.35 The Minister then turns to logistics and staffing,
noting that:
"The extension of financing will enable the
mission to continue its important work to help reform the ANP.
In Brussels, Member States are currently discussing the logistics
and staffing requirements for the mission to strengthen its presence
in the provinces. This is a welcome move involving cooperation
between national-led Provincial Reconstruction Teams, including
the UK's in Helmand, and will enable the mission to better deliver
on the six priorities throughout the country.
"The mission is still short of the 400 target,
but numbers are increasing; there are now 262 international staff
in mission, up from 176 in January. The UK believes it is crucial
that the mission reaches its mandated strength if it is to be
successful and is increasing the size of its contingent. The Government
is also encouraging other Member States to prioritise secondments
to EUPOL, and the UK is supportive of increased flexibility in
EU recruitment rules to allow EUPOL to contract more staff directly.
The costs of five additional contracted positions funded by the
Common Foreign and Security Policy budget have been factored in
to the mission's new budget."
3.36 The Minister then turns to the establishment
a project cell in the mission at the cost of €150,000. He
supports the creation of project cells in some ESPD missions "to
provide limited programme funds to purchase assets in support
of their mentoring and training roles", noting that such
project cells are already established in the EU Security Sector
Reform missions in the Democratic Republic of Congo (EUSEC DRC
and EUPOL DRC).
3.37 In the case of EUPOL Afghanistan:
"… the sorts of projects envisaged are
to provide video and audio recorders to support courses on interviewing
and investigation techniques, the production and distribution
of training materials, such as training booklets on Afghan laws,
simulation voting slips and diplomatic car plates. We also hope
it will allow EUPOL to support the building and equipping of police
training centres. The intention is that the project cell will
also help to coordinate other international projects and investments
as they touch on the mission's own objectives."
3.38 Finally, with regard to the Financial Implications,
the Minister says:
— this
Joint Action provides €17.4 million for the period until
30 May 2010 when the current EUPOL mandate will expire, which
is in addition to the €64 million already committed from
1 December 2008 to 30 November 2009, taking the total financing
for the period until 30 May 2010 to €81.4 million;
— the UK contribution to the additional
financing will be approximately €3 million euros (around
£2.7 million).
— the UK currently has funding for 15 personnel
in the Mission provided through the cross-government Conflict
Prevention Pool;
— at the October 2009 GAERC, he announced
an uplift in UK numbers to 19 personnel from January 2010.
Conclusion
3.39 There are welcome signs of progress in leadership,
in the local response and, after much difficulty it would seem,
in focussing on specific priorities. But they have been a very
long time coming. And while the UK is pulling its weight, both
with regard to EUPOL and bilaterally, it is plain that not all
Member States have yet responded sufficiently to enable the mission
to fulfil the tasks that the Council laid upon it. The Minister
talks about EUPOL having "turned a corner": but only
in May 2010, when the present Joint Action expires, will we know
if this is so. In the meantime, from the beginning of this year,
a further €81.4 million will have been spent by then, taking
the total to over €200 million. Notwithstanding what the
Minister says about recent progress, it is hard to see what has
been achieved in relation to the expenditure thus far.
3.40 Moreover, the context in which this latest
extension will take place has, of course, been, and continues
to be, of intense domestic and international concern (more so
since the tragic events of 4 November, when three soldiers from
the Grenadier Guards and two from the Royal Military Police, who
had been mentoring and living with the Afghan police in a compound
in Helmand province, were murdered by one of those police officers).
The Conclusions adopted by the 27 October GAERC, along with the
EU Action Plan for Afghanistan and Pakistan, thus assume a particular
significance.[8]
As the Action Plan notes:
"The situation in Afghanistan is deteriorating.
We are not only faced with a critical security situation. Progress
on political reform, governance and state-building is too slow,
and in some parts of the country almost non-existent. In the absence
of good governance, access to basic services, adequate justice
and rule of law, the combined international and Afghan security
efforts will not produce the necessary political stability needed
for a secure and prosperous development.
"Afghanistan is now entering a decisive period.
Much is at stake. The formation of a new Government in Kabul provides
an opportunity to frame a new agenda and a contract with the Afghan
people. That agenda should be supported by a renewed compact between
the Government of Afghanistan and the international community.
This requires above all strong Afghan leadership, as well as enhanced
and better coordinated and concerted international support. Political
and civilian efforts must go hand in hand with security measures
and developments on the ground."
3.41 All in all, though the Joint Action proposes
only a relatively modest increase in the overall cost of EUPOL
Afghanistan's budget, this wider background warrants it being
debated in the European Committee.
3.42 We so recommend.
6 See headnote. Back
7
See headnote: see (30100)-: HC 16-xxxv (2007-08), chapter 14 (12
November 2008). Back
8
See http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/gena/110789.pdf
for the full text of the Council Conclusions and the Action Plan. Back
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