15 European Union Police Mission in Bosnia
and Herzegovina
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| Council Decision amending Joint Action 2007/749/CFSP on the European Union Police Mission in Bosnia and Herzegovina
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| Legal base | Article 14 and 25 TEU; unanimity
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 11 November 2009
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| Previous Committee Report | None; but see (30095) HC 16-xxxv (2007-08), chapter 12 (12 November 2008)
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| To be discussed in Council | 1 December 2009 Justice and Home Affairs Council
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| Committee's assessment | Politically important
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| Committee's decision | Cleared, but further information requested
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Background
15.1 The Dayton Peace Agreement ended the 1992-1995 war in Bosnia
and Herzegovina (BiH); established BiH as a state comprising two
Entities, each with a high degree of autonomy — the Republika
Srpska (RS) and the Federation (FBiH) — and designated the
Office of the High Representative (OHR) to oversee the implementation
of the civilian aspects of the Peace Agreement on behalf of the
international community and to coordinate the activities of the
civilian organisations operating in BiH.
15.2 The Peace Implementation Council (PIC) —
55 countries and international organisations that sponsor and
direct the peace implementation process — and a PIC Steering
Board (SB) oversees all this. On a day to day basis, a Board of
Principals, chaired by the HR, serves as the main coordinating
body. Its permanent members are the OHR, EUFOR,[56]
NATO HQ Sarajevo, OSCE, UNHCR, EUPM and the Commission. International
financial institutions such as the World Bank, the IMF and the
UNDP are also regular participants.
15.3 The longstanding goal has always been for BiH
to work its way towards European accession. The most recent step
was the signing in June 2008 of BiH's Stabilisation and Association
Agreement. Then, according to plan, the OHR would be wound up
and there would then be only the EUSR. But things have not gone
according to plan. Prior to transition, the BiH authorities need
to deliver Five Objectives (well established, approved by the
PIC SB and all previously recognized by BiH authorities as obligations)
revolving around creating a sustainable, multi-ethnic, democratic,
law-based State, and to fulfil Two Conditions — signing
of the SAA (achieved), and a positive assessment of the situation
in BiH by the PIC SB based on full compliance with the Dayton
Agreement (so far not achieved).
15.4 In March 2002, the then Committee cleared two
draft Joint Actions and one draft Council Decision that, between
them, established an EU Police Mission in Bosnia and Herzegovina
(BiH) and appointed its Head of Mission/Police Commissioner, as
well as the EU Special Representative (EUSR), to whom he was to
report. The Special Representative was to report to the Secretary
General/High Representative, Javier Solana. Lord Ashdown was expected
to be (and duly became) the new UN High Representative in BiH.
The General Affairs Council agreed that he should also be appointed
EU Special Representative and the draft Joint Action on this appointment
noted that the two were expected to be one and the same person.
The EU Police Mission ( which took over from the UN's International
Police Task Force) was expected to improve high-level management,
develop the rule of law and, to quote the then Minister, "take
the politics out of policing" in Bosnia. EU Foreign Ministers
agreed the Joint Action taking the decision to launch the EU Police
Mission in Bosnia and Herzegovina (EUPM BOSNIA ) at the General
Affairs and External Relations Council on 11 March 2002. It was
the first European Security and Defence Policy mission.
15.5 Since 2002, progress in developing sustainable
policing arrangements and raising policy standards under BiH ownership
and significant BiH improvement in its cooperation with the International
Criminal Tribunal for the former Yugoslavia (ICTY) paved the way
for the opening of Stabilisation and Association Agreement (SAA)
negotiations, which brought BiH into line with the other countries
of the region and marked a milestone on its path to EU integration.
But specific challenges remain to be addressed, including tackling
organised crime and implementing police restructuring. Bosnia's
state-level law enforcement agencies were not yet functioning
adequately and EU troops still remained to maintain a safe and
secure environment.
15.6 Three years ago the Committee cleared a revised
mandate, which extended the mission for a further two years with
reduced staffing levels and a refocused mandate, concentrating
on building capacity within the senior ranks of the state-level
agencies and taking a leading role in assisting the fight against
organised crime. The then Minister for Europe reported that the
mission had made considerable progress in developing sustainable
policing arrangements by:
— advising
on the planning and conduct of major and organised crime investigations
and operations, with concrete results;
— strengthening the operational capacity
of the State Investigation and Protection Agency and the Border
Police;
— strongly contributing to the work of
the Directorate for the Implementation of Police Restructuring
whose final report constituted the basis for political negotiations,
so far unsuccessful, for an agreement on police restructuring.
The mission is also playing an important advisory role in this
process;
— facilitating police co-ordination and
information exchange between entities, the state and the international
community;
— transforming police-prosecution relations,
turning previously confrontational attitudes into practical arrangements
to improve the quality of investigations.
15.7 Despite this "solid progress", the
then Minister said that the mission needed to continue its work,
especially enhancing local capacity to fight organised crime and
supporting the police restructuring process, which was vital,
despite the recent failure of the political parties to reach an
agreement on restructuring, in order to facilitate implementation
of a future agreement.
15.8 Two years later, the Committee cleared a further
Joint Action to extend the mission for a further and final two
years until 31 December 2009. During this mandate, a joint co-ordination
mechanism was to be established to facilitate the transition to
Community assistance to meet remaining police and rule of law
development needs.
15.9 The then Minister noted that police reform was
the key remaining condition for Bosnia and Herzegovina to initial
and sign its Stabilisation and Association Agreement (SAA) with
the EU, and thus to move further along its accession path, and
the Government's full support for "the EU membership aspirations
of the Western Balkans countries", which the mission supported
through its focus on reforming Bosnia's police structures.
15.10 On the Resource Implications, the then
Minister:
— recalled
that funding for Common Costs (HQ, in-country transport, office
equipment etc) is met from the CFSP budget, of which the UK contributes
approximately 17%: the budget for 2008-09 had not yet been agreed
but the mission was, he said, likely to cost approximately €12
million, of which the UK would contribute an estimated €2
million (£1.4 million at that time);
— noted that the UK aims to contribute
between 11 and 14 personnel to the mission, which will be funded
from the Whitehall Peacekeeping Budget "which is a call on
the Treasury's central contingency reserve".
15.11 A year ago, on 20 November 2008, the Committee
considered a further Council Decision which provided €12.5
million funding for EUPM BOSNIA for 2009.
15.12 The then Minister for Europe (Caroline Flint)
noted that BiH had signed its SAA with the EU on 16 June 2008;
the continued presence of EUPM in 2009 would " support further
reform of Bosnian police structures to uphold the rule of law
in line with European standards."
15.13 On the Resource Implications, the Minister
also noted that:
— of
this confirmed 2009 budget of €12.5 million, the UK would
contribute an estimated €2.13 million (then £1.68 million);
— the UK had 12 secondees in the mission.
Our assessment
15.14 We recalled that we had noted that, in clearing
the original proposals, our predecessors had said that "it
was important for this mission to succeed", presumably not
just because of its purpose and the post-Dayton-and-Paris Agreement
context, but also because it was the first ESDP mission.
15.15 We also noted that this was the third EU police
mission, each of which very different from the other, that we
considered at this meeting — the others being the missions
in the Occupied Territories (EUPOL COPPS) and Afghanistan (EUPOL
Afghanistan). We asked that the Minister ensure that when this
mission comes to an end, a proper assessment is carried out in
line with the welcome determination by the Council to, as the
document in question put it, "establish an architecture for
evaluation, lessons learned and best practices of civilian ESDP
operations", and that this be deposited along with an Explanatory
Memorandum outlining its findings and the government's views thereon.
15.16 In the meantime, we cleared the document.[57]
The draft Joint Action
15.17 This Joint Action extends the mandate for EUPM
Bosnia for two years until 31 December 2011. The Joint Action
also provides funding for the mission until December 2010.
The Government's view
15.18 In his Explanatory Memorandum of 11 November
2009, the Minister for Europe at the Foreign and Commonwealth
Office (Chris Bryant) says that, over the current mandate until
30 December 2009, the mission has made progress against the objectives
agreed by Member States, EUPM BOSNIA and BiH police managers and
Ministers of Interior at state and entity level, and that the
work of the mission and the BiH police has led to improved public
relations and trust in the police force.
15.19 He explains that this Joint Action, for the
third extension of EUPM BOSNIA from January 2010, focuses the
mandate on the fight against organised crime:
"The mission aims to improve law enforcement
co-operation and co-ordination through promoting links between
the police, judicial and penal sectors, whilst ensuring local
ownership. The mission has 6 key tasks:
- "To
strengthen the operational capacity and joint capability of Law
Enforcement Agencies engaged in the fight against organised crime
and corruption;
- "To
assist and support in the planning and conduct of investigations
in the fight against organised crime and corruption in a systematic
approach;
- "To
assist and promote development of criminal investigative capacities
of BiH;
- "To
enhance police-prosecution cooperation;
- "To
strengthen police-penitentiary system cooperation;
- "To
contribute to ensure a suitable level of accountability."
15.20 The Minister then explains that, to achieve
these tasks, the mission will have strategic advisers working
closely with BiH personnel at State and entity level, as well
as advisers and experts working with local counterparts along
the full length of organised crime and corruption investigations,
from the initial intelligence development through prosecution
to prison. The mission is "setting benchmarks for each of
these processes, to be agreed with State and entity level Ministers
of Interior."
15.21 The mission will also
— liaise
closely with the EUSR and "provide him with information and
strategic advice on law enforcement and the rule of law, as well
as actively seeking his local political guidance and support";
— work closely with the Commission "to
enable the transition of mission elements to Community Instruments."
15.22 The Minister then turns to the Mission's performance
under its present mandate:
- "the mission has been
working on police reform and accountability, and increasing the
operational capacity of State and entity level institutions
to establish in BiH a sustainable,
professional and multi-ethnic police service operating in accordance
with European and international standards. Achievements over the
current mandate include:
- "EUPM has supported the development of BiH
State level institutions (State Investigation and Protection Agency,
Border Police, Ministry of Security). The Ministry of Security,
advised by EUPM, is planning to further enhance the institutional
legal framework and the organisational and management structure
of the State Investigation and Protection Agency.
- "EUPM has worked to increase cooperation
between BiH Law Enforcement Agencies and their peers elsewhere
in Europe. There have been several high-profile arrests and trials
of individuals and their accomplices from BiH and neighbouring
countries, previously perceived as "untouchables". These
operations and trials have sent a message to the public that law
enforcement agencies and the judiciary are committed and prepared
to address crime and corruption.
- "Despite political challenges, police agencies
in BiH remained capable and confident to uphold public peace and
order. Commemorations in Srebrenica and Eastern Bosnia during
July, monitored by EUPM, passed peacefully and were noted for
the professional conduct of the police."
15.23 Looking ahead, the Minister says that from
1 January 2010 the Mission will:
— focus
on "supporting the local authorities to reach operational
success in the fight against organised crime and corruption through
monitoring, mentoring and advising";
— be streamlined with fewer staff;
— be located in the headquarters in Sarajevo,
four regional offices and also co-located with BiH counterparts
in State level institutions;
— use its established partnerships with
the BiH police and prosecution authorities to strengthen relationships
with other Law Enforcement Agencies in both the judicial and penal
sectors.
15.24 Over this mandate, the Minister says:
"it is important that EUPM work closely with
the European Commission and EUSR to ensure a co-ordinated EU approach.
This is especially true for the transition of police reform and
accountability, and potentially other mission elements, to Community
Instruments."
15.25 The Minister says that:
"despite some headline developments, such as
the adoption of a new strategy for fighting corruption 2009-2014
and the implementation of elements of the UN convention on transnational
organised crime, much still remains to be done. Even with international
assistance, 2009 has been a year of only limited progress for
the Bosnians in their fight against organised crime and corruption.
During the next mandate period, the support of EUPM will be essential
if Bosnia and Herzegovina is to reach accepted European standards."
15.26 The Minister then adds that the Head of Mission
will also be responsible for managing a warehouse established
to store and reuse equipment from existing ESDP missions:
"EUPM was chosen as the warehouse site after
legal and financial analysis. Initially the warehouse will house
equipment mainly from the restructuring and downsizing of EUPM.
The equipment will be maintained to provide rapid equipment deployment
to existing and any new ESDP missions. This will improve the EU's
ability to respond to crises, and should reduce the need to buy
new equipment from EU budgets."
15.27 Finally, the Minister says that:
— the
budget will be €14.1 million for 2010 (17% of which is
an estimated €2.39 million, £2.14 million);
— the UK has two secondees in the mission
funded through the tri-departmental (FCO, MOD and DfID) Conflict
Prevention Pool;
— the Joint Action will be submitted for
agreement to the Justice and Home Affairs Council on 1 December
2009.
Conclusion
15.28 As the Minister notes, his predecessor informed
the Committee in July (in a "round up" letter about
all the ongoing ESDP missions) of the likelihood of this proposal,
noting in particular that organised crime is of paramount concern
in the country. However, it was envisaged two years ago that the
mandate now coming to an end would be the last one. While we have
no wish to take issue with this further extension per se,
we would have expected him to have said a good deal more about
the wider context, other than police agencies in BiH remaining
capable and confident "despite political challenges".
15.29 At our most recent meeting, we considered
the Commission's Communication on its 2010 enlargement strategy,
along with the individual Country Progress Reports. In the case
of BiH, the strategy noted a year of limited progress on the reform
agenda and the urgent need to speed this up. There were also concerns
about the ongoing ethnic nationalist rhetoric and challenges to
state institutions and a marked deterioration in the political
climate. With regard to the further development of BiH's
European perspective, the Commission referred to the crucial role
of the five Objectives and two Conditions for closure of the OHR
being met, and of the need for constitutional reform, and urged
BiH political leaders to make progress on this. The most recent
response by those political leaders would not appear to be at
all encouraging: on 21 October, some three weeks before the Minister's
Explanatory Memorandum, the BBC reported that what it called "crisis
talks aiming to end years of political stalemate among leaders
of Bosnia's divided communities", which were called by the
EU and US in a bid to bring in constitutional reform, had ended
with no tangible results, and that BiH had been left "more
fragile than ever" amidst " fears that a new conflict
could erupt."[58]
15.30 We should therefore be grateful if the Minister
would write to us with his assessment of the present position
and the prospects for the wider process of moving BiH forward.
In addition, we should be interested to know:
— if
EUPOL BOSNIA has succeeded in "take the politics out of policing";
— what the present position is on the
Five Objectives and Two Conditions for closure of the OHR;
— what the present position is on a
revised mandate for the EUSR;
— what his view is on the role of the
PIC at this juncture (there being suggestions of differences of
view among PIC members about its immediate future, with Russia
said to be arguing for its disbandment);
— what, in present circumstances, is
meant by "enable the transition of mission elements to Community
Instruments";
— if the establishment of a warehouse
to store and reuse equipment from existing ESDP missions, so as
to improve the EU's
ability to respond to crises and
provide rapid equipment deployment to existing and any new ESDP
missions, is not a response to the fragility and fears referred
to above.
15.31 In the meantime, we clear the document.
56 The EU's a military operation in BiH - Operation
EUFOR ALTHEA - deployed in December 2004, following the decision
by NATO to conclude its SFOR mission; presently 6,300 troops with
"a Chapter VII mission to ensure continued compliance with
the Dayton/Paris Agreement and to contribute to a safe and secure
environment in BiH". See http://www.euforbih.org/eufor/index.php?option=com_frontpage&Itemid=27
for further information. Back
57
See headnote: (30095) HC 16-xxxv (2007-08), chapter 12 (12 November
2008). Back
58
See http://news.bbc.co.uk/1/hi/world/europe/8316773.stm for the
full report. Back
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