Documents considered by the Committee on 14 October 2009, including the following recommendations for debate: Security of gas supply, Financial management - European Scrutiny Committee Contents


28  EUROPEAN UNION MILITARY OPERATION IN CHAD AND THE CENTRAL AFRICAN REPUBLIC

(30973)
13528/09
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Council Joint Action repealing Joint Action 2007/677/CFSP on the European Union military operation in the Republic of Chad and in the Central African Republic


Legal baseArticle 14 EU; unanimity
Deposited in Parliament 5 October 2009
DepartmentForeign and Commonwealth Office
Basis of consideration Minister's letter of 28 September 2009 and EM of 6 October 2009
Previous Committee Reports None; but see (29396) —, (29397) —, (29398) —: HC 16-xi (2007-08), chapter 12 (6 February 2008) and HC 16-xxxiv (2007-08), chapter 12 (5 November 2008) also see (28946) —: HC 41-xxxiv (2006-07), chapter 18 (10 October 2007) and HC 16-i (2007-08), chapter 17 (7 November 2007)
Discussed in Council19 October 2009 Agriculture and Fisheries Council
Committee's assessmentPolitically important
Committee's decisionCleared

Background

28.1 UN Security Council Resolution 1769 of 31 July 2007 authorized the deployment of a 26,000-strong joint UN-AU force, in an attempt to quell the violence in Sudan's western Darfur region, where fighting between pro-Government militias and rebel guerrillas had killed more than 250,000 people since 2003. To be known as UNAMID, it was to have up to 19,555 military personnel, including 360 military observers and liaison officers, and a civilian component including up to 3,772 international police and 19 special police units with up to 2,660 officers. An offer of EU supporting action emanated from the July GAERC.

28.2 The Committee cleared the relevant authorising Joint Action on 10 October. In his accompanying EM, the then Minister for Europe explained that, following a UN report on the situation in neighbouring Chad — which indicated that the humanitarian situation had shown no signs of improving since February, with more than 400,000 refugees and internally displaced persons (IDPs) as a result of the fighting and an estimated 700,000 others in host communities also affected — and a UN Security Council Presidential Statement supporting the proposed EU mission, on 25 September UNSCR 1778 authorised deployment of a "multidimensional presence" — This was to be a new UN policing-focused mission in eastern Chad and north-eastern Central African Republic in these two areas, to be known as MINURCAT, and a military force to protect and support the personnel of the UN mission for one year.

28.3 The then Minister said that, although the UK had confirmed publicly its strong support for this operation and although a small number of UK personnel were likely to participate in the mission, "other heavy operational commitments" would rule out deploying ground forces; France was likely to provide the largest single contribution to the mission; other likely contributors included Sweden, Belgium and Poland. Financing arrangements would be standard for ESDP operations, with the UK likely to be paying £10-15 million towards the common costs (i.e., in line with its standard 17.5% contribution). The EU and UN were keen to deploy the missions as soon as possible: once the rainy season had ended, from mid-October onwards. In the circumstances, the Committee considered this sufficient information to clear the Joint Action, which it reported to the House, given the interest in ESDP and the Darfur crisis.[106]

28.4 In a subsequent response to a request by the Committee for clarification, the then Minister said that the EU military planning documents, which continued to be developed, focussed on the key functions of contributing to: protecting civilians in danger; facilitating the delivery of humanitarian aid and the free movement of humanitarian personnel through improved security; protecting UN and associated personnel — all of which were authorised by UNSCR 1778. The EU mission would therefore be multi-tasked, and prepared and resourced to meet this challenge, which potentially required a wider area of operations than would be necessary just to contribute to protecting UN personnel. On size and composition, it would consist of 3-4000 predominantly French troops. On the financial aspects, the current UK contribution would be £9.9 million, but it would also be called upon at some stage to contribute an estimated additional £4-5 million towards the costs of intelligence/surveillance assets. The Committee reported this additional information on 7 November, and asked the Minister to report in a year's time (i.e., when the mission's term ends) with information on its final size, composition and cost, and his assessment of its effectiveness.[107]

28.5 In further correspondence with the then Minister, the Committee also agreed on 12 December 2007 that, with the Christmas recess imminent and given the overall situation in the region, it would not object were the Minister to agree the consequential Council Decisions (which were all standard for such operations, and based on already-cleared templates) ahead of scrutiny. In subsequent EMs, the then Minister explained that, following approval of the operation plan, rules of engagement and the standard Status of Forces Agreements (SOFA) with host countries and countries through which the troops would travel (Cameroon), the Council Decisions were adopted at the 28 January GAERC (the SOFA with the Central African Republic was not yet ready, but the Central African Republic had made a unilateral declaration on status of EU-led forces, to cover the interim); this allowed EUFOR to be launched, with the expectation of reaching Initial Operational Capability (IOC) by mid-March and Full Operational Capability in May 2008.

28.6 Though no questions arose, the Committee considered that a further Report was warranted for two reasons. Firstly, developments at the time in Chad appeared to be casting further doubt over when the mission would actually be launched. Secondly, when we reported the original Joint Action to the House, we asked the then Minister to write again at the end of the mission's one-year term with information on its final size, composition and cost, and his assessment of its effectiveness; however, he now said that the Joint Action gave EUFOR an end-date of 12 months from the point that it reached IOC, with a review after six months to consider UN or other follow up requirements. We therefore asked him, in the first instance, to write at that point, to let us know what that review had concluded and what his views were on those conclusions.[108]

28.7 In her letter of 30 October 2008, the then Minister for Europe at the Foreign and Commonwealth Office (Caroline Flint) said that the mid-mandate review of EUFOR was published on 7 July. The review described the political security and socio-economic situation in both Chad and Central African Republic then as remaining "fragile" and noted that "the attack on N'Djamena in February coincided with the launch of EUFOR and delayed the start of the operation, though deployment recommenced almost immediately."

28.8 She then referred to the highlighting in the review of the signing of the Dakar Agreement between Chad and Sudan as a significant political development during EUFOR's deployment. Signed on 13 March, the Dakar Agreement committed Chad and Sudan to respecting previous peace agreements, normalising relations and putting a definitive end to disputes between the two countries. The resumption of work on the 13 August Accord, an EU facilitated agreement between the Chadian Government and the Chadian political opposition which had been delayed due to the events in February, was also significant progress. The then Minister supported continued efforts by the EU, on behalf of the Member States, to increase political dialogue in Chad in parallel with the ongoing ESDP military mission.

28.9 The Minister then said that the review concluded that governments and international actors, including humanitarian organisations, recognised that EUFOR had delivered improvements to the general security and perception of security of eastern Chad and north eastern Central African Republic. The local population were positive towards EUFOR's presence and had high expectations of what MINURCAT, the UN policing mission in Chad, could deliver in terms of improved human security in camps and surrounding areas. The then Minister had urged continuing close co-operation between EUFOR and MINURCAT to ensure that the operation was a success.

28.10 Finally, the Minister explained that despite sporadic rebel activity, the overall security situation during the period has remained relatively calm. The Secretary General of the Council/High Representative for Common Foreign and Security Policy, Mr Javier Solana, had identified the principal threats to a safe and secure environment as rebel activity, criminality and banditry, which primarily impacted on the civilian population and humanitarian efforts. The then Minister support his assessment of the need for a follow on UN force in Chad to address these threats, to avoid the possibility of a security vacuum when EUFOR leaves, to promote long term security and to address the humanitarian situation. The High Representative had identified that the mid-term evaluation of the EU-UN multidimensional presence in Chad was, at that stage, difficult, given the limited deployment of MINURCAT. The Government, along with the EU, urged the UN to increase the rate of deployment of MINURCAT. President Deby of Chad had now signed a presidential decree authorising the deployment of MINURCAT-trained gendarmes, which the then Minister said should allow the force to deploy. She supported this analysis and the main recommendations in Mr Solana's assessment and was "working closely with our EU partners to take a more disciplined and strategic approach to peacekeeping missions."

28.11 The then Minister concluded by saying that, since the EUFOR mid-mandate review, the UNSC had renewed the mandate for MINURCAT and expressed its intention to mandate a UN operation to replace EUFOR in Chad and Central African Republic. The UK had raised concerns about the feasibility of and need for the UN military presence in Central African Republic and about the UN's ability to generate sufficient forces for the new UN follow-on operation, and continued to work with the UN Department for Peacekeeping Operations and partners on the Security Council to ensure these concerns were addressed.

Our assessment

28.12 We reported this information to the House because of the high level of interest in developments in central Africa and in actual and potential further EU involvement in the region.

28.13 We noted that, because of the limited deployment of MINURCAT thus far, the Secretary General/High Representative had not been able properly to evaluate EUFOR'S impact and effectiveness so far, beyond the generalities set out in paragraph 28.8 above. We also noted the Minister's somewhat Delphic remarks about "working closely with our EU partners to take a more disciplined and strategic approach to peacekeeping missions", which suggested an absence of such an approach thus far, and her further suggestion that the necessary close co-operation between EUFOR and MINURCAT had also been somewhat lacking hitherto.

28.14 We looked to the Minister to expand upon these issues more fully at the end of the EUFOR operation, when reporting on the final evaluation of the mission's cost, effectiveness and lessons to be learned.[109]

The Minister's letter of 28 September 2009

28.15 In her letter, the Minister for Europe at the Foreign and Commonwealth Office (Baroness Kinnock) says that, having been launched on 28 January 2008, EUFOR Chad/ Central African Republic formally concluded its mission on 15 March 2009, one year after announcing initial operating capacity. She continues as follows:

    "EUFOR worked in close coordination with the multi-dimensional UN presence in the East of Chad, MINURCAT. EUFOR undertook duties aimed at facilitating the delivery of humanitarian assistance, increasing security for the civilian population, and creating favourable conditions for reconstruction and development efforts and voluntary return of refugees and internally displaced persons (IDPs). EUFOR also worked to create favourable conditions for the deployment of MINURCAT-trained Chadian police (DIS — Détachment Intégré de Securité), whose role is to establish rule of law in and around refugee and IDP camps. As provided for in UN Security Council Resolution 1861, MINURCAT was then expanded on 15 March 2009 to include a military element, which replaced EUFOR. Throughout its mandate, EUFOR made a tangible contribution towards facilitating the activities of humanitarian workers and protecting civilians in danger, in particular refugees and displaced persons affected by the neighbouring crisis in Darfur."

28.16 The Minister then outlines her views on EUFOR's impact as follows:

    "Ultimately, EUFOR has provided a positive influence on regional security. The instability in Eastern Chad coupled with the absence of State apparatus to provide rule of law created all the necessary conditions for criminality and banditry; it is therefore to EUFOR's credit that its presence in the region directly prevented a serious deterioration of the security situation. The deterrent effect of EUFOR troops and the force's protection of humanitarian organisations also greatly contributed to the stabilisation of the humanitarian situation. The humanitarian situation in Chad is beginning to move from the emergency phase towards early recovery, which is in part due to EUFOR's efforts. Cooperation between military and humanitarian stakeholders has also been a success of the operation. EUFOR's achievements are particularly significant given the serious logistical challenge of operating in such a remote and difficult environment.

    "Nevertheless, there is still work to be done in Chad. Despite returns of a small number of IDPs, it remains to be seen whether those returns are sustainable, or whether returns could take place on a larger scale. Bandits and rebel movements continue to operate in border regions. A lasting political settlement in Chad remains some way off. EUFOR's achievements in creating favourable conditions for development and its contribution to the security and humanitarian situations could be lost if its hard won progress is not cemented."

28.17 The Minister then judges that "coordination between the European Union and the United Nations has been sound", and that "early planning for a follow-on force allowed for a smooth transition from EUFOR to a UN operation, which was crucial in preventing a security vacuum. MINURCAT and EUFOR communicated well on operational issues, force protection, and information sharing during the transfer of authority."

28.18 Looking ahead, the Minister says that it is nevertheless prudent to look at ways to further improve working methods to shape successful future operations:

    "One such suggestion is the need to reach very early in the planning process a common understanding of the problem and expectations of personnel and equipment commitments from respective organisations. The UK will continue to work alongside EU Member States to identify and implement agreed lessons that will benefit future European Security Defence Policy operations."

The draft Council Decision

28.19 The document is a Council Joint Action repealing Joint Action 2007/677/CFSP on the European Union military operation in the Republic of Chad and in the Central African Republic.

The Government's view

28.20 In her Explanatory Memorandum of 6 October 2008, the Minister for Europe explains that on 15 March 2009 a UN military element was added to MINURCAT, which took over from EUFOR, and that the entire mission is now under UN control — the EU mission having always been defined as a "bridging operation" that would hand over to a follow on force 12 months after reaching IOC.

28.21 With regard to the financial aspects, the Minister notes that the original Joint Action set an estimated ceiling of €99.2 million for the entire operation, and that under the standard ATHENA mechanism, where the UK's contribution to the common costs of EUFOR is 17.5%, the cost to the UK was £21 million (c.f the original estimate of c. £15 million).

Conclusion

28.22 We are accordingly grateful to the Minister for her helpful assessment, which we think warrants reporting to the House. With European Security and Defence Policy entering its second decade, it is likely that there will be more such operations, with EU forces operating in hazardous and uncertain circumstances and requiring good cooperation with other international entities. As the Minister suggests, perhaps the most important lesson to be learned is "the need to reach very early in the planning process a common understanding of the problem and expectations of personnel and equipment commitments from respective organisations."

28.23 We now clear the document.



106   See headnote: (28946) -: HC 41-xxxiv (2006-07), chapter 18 (10 October 2007). Back

107   Ditto: HC 16-i (2007-08), chapter 17 (7 November 2007). Back

108   Ditto: HC16-xi (2007-08), chapter 12 (6 February 2008). Back

109   See headnote: (29396) -, (29397) -, (29398) -: HC 16-xxxiv (2007-08), chapter 12 (5 November 2008) Back


 
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