17 European Union Police Mission in Bosnia
and Herzegovina
| (32208)
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| Council Decision amending Council Decision 2009/906/CFSP on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)
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| Legal base | Article 28 and 43(2) TEU; unanimity
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 18 November 2010
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| Previous Committee Report | None; but see (31122) —: HC 5-v (2009-10), chapter 12 (6 January 2010) and HC 5-i (2009-10), chapter 15 (19 November 2009)
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| Discussed in Council | 6-12 December 2010
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| Committee's assessment | Politically important
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| Committee's decision | Cleared; further information requested
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Background
17.1 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 coordinate the activities of the civilian
organisations operating in BiH.
17.2 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,[80]
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.
17.3 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).
17.4 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.
17.5 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 remained 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.
17.6 Four years ago the then 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.
17.7 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.
17.8 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.
17.9 Then, two years ago, on 20 November 2008, the
then Committee considered a further Council Decision which provided
€12.5 million funding for EUPM BOSNIA for 2009.
17.10 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."
17.11 On the Resource Implications, the then Minister
also noted that:
— of
the confirmed 2009 budget of €12.5 million, the UK would
contribute an estimated €2.13 million (then £1.68 million)
in line with its share of the CFSP budget;
— the UK had 12 secondees in the mission,
funded from the Whitehall Peacekeeping budget.
17.12 A year ago, the then Committee considered a
further extension of EUPM Bosnia's mandate for a further two years,
until 31 December 2011, and providing funding until 31 December
2010.
17.13 In his Explanatory Memorandum of 11 November
2009, the then Minister for Europe (Chris Bryant) said that, over
the current mandate until 30 December 2009, the mission had 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 had led to improved public relations and trust in the police
force. This third extension would focus the mandate on the fight
against organised crime: it aimed to improve law enforcement co-operation
and co-ordination through promoting links between the police,
judicial and penal sectors, whilst ensuring local ownership, and
would have six 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.
17.14 To achieve these tasks, the mission would 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 was setting benchmarks
for each of these processes, to be agreed with State and entity
level Ministers of Interior. The mission would 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. EUPM would also work
closely with the Commission to enable the transition of mission
elements to Community Instruments.
17.15 The then Minister also discussed the Mission's
performance under its present mandate. He noted 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
remained to be done; even with international assistance, 2009
had 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 would be essential if Bosnia
and Herzegovina was to reach accepted European standards.
The previous Committee's assessment
17.16 The previous Committee noted[81]
that it had been envisaged two years earlier that the mandate
then coming to an end would be the last one. While having no wish
to take issue with this further extension per se, it said
that it would have expected him to have said a good deal more
about the wider context, other than that police agencies in BiH
remained capable and confident "despite political challenges".
17.17 The previous Committee noted that the Commission's
recent Communication on its 2010 enlargement strategy had noted
a year of limited progress in BiH on the reform agenda and the
urgent need to speed this up; that 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 had 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 had urged BiH political leaders
to make progress on this. The previous Committee asked the Minister
for his assessment of the present position and the prospects for
the wider process of moving BiH forward. In addition, they also
asked:
— if
EUPOL BOSNIA had succeeded in "take the politics out of policing";
— what the present position was on the
Five Objectives and Two Conditions for closure of the OHR;
— what the present position was on a revised
mandate for the EUSR;
— what his view was on the role of the
PIC at this juncture (against a background of 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, was 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, was a response to the fragility and fears referred to
in contemporary media reports.
17.18 In the meantime, they cleared the document.[82]
It was adopted in due course as Council Decision 2009/906/CFSP.
The then Minister's letter of 23 December 2009
17.19 The then Minister responded as follows:
WHETHER THE EU POLICE MISSION (EUPM) IN BIH HAS SUCCEEDED
IN TAKING THE POLITICS OUT OF POLICING
"One of the main problems facing the mission
is that only some (mainly Bosniak) political parties are
fully supportive of state-level institutions in BiH, whilst others
(mainly Republika Srpska political parties) often block measures
perceived to strengthen state-level agencies. This situation means
that politics and policing are closely intertwined in BiH, and
explains the difficulties facing EUPM in its attempts to separate
the two. In spite of these difficulties, the mission has been
successful in supporting several reforms aimed at protecting policing
from political interference.
"First, when EUPM took up its mandate in 2003,
it inherited from the existing UN mission the task of implementing
mechanisms designed to avoid political interference in the BiH
police. Among these, the most important was the establishment
of Directors of Police and Police Commissioners, positions which
were made explicitly separate from the politically appointed Ministers
of Interior and Security, who were left with responsibility for
the security situation, but without room to interfere in operational
police matters. Alongside this, Independent Selection and Review
Boards were established to select and appoint those Directors
of Police and Police Commissioners in a non-political manner.
EUPM mentored the establishment and functioning of these boards,
aimed at reducing political interference at the initial recruitment
stage, and assisted in supporting the position of the Directors
and Commissioners vis a vis their political counterparts (the
Ministers of Interior and Minister of Security).
"Second, EUPM was the driving force in the drafting
of the first Law on Police Officials (LoPO) in BiH, applicable
to police officials working for the newly established state-level
agencies SIPA (State Information and Protection Agency) and BP
(Border Police). The LoPO established a proper ranking system,
which allowed for a meritocratic system, leaving less room for
political interference in the process of recruitment and promotion
of police officials, even in the lower ranks—an innovation
essential for accountability and for avoiding future political
intrusion in the work of those police officials."
THE POSSIBLE TRANSITION OF SOME MISSION ACTIVITIES
AND PROJECTS TO COMMUNITY INSTRUMENTS
The then Minister explained that the Instrument in
question is the Instrument for Pre-Accession Assistance or IPA,
and continued as follows:
"In line with wider UK policy, the Government
aims to ensure that the EU uses the most appropriate tools at
its disposal to achieve its objectives in any given situation.
In BiH we consider that the efforts to tackle Organised Crime
and Corruption require the continued presence of the sort of hands-on
expertise that can be provided through a Common Security and Defence
Policy (CSDP) mission. However, given the work of EUPM to date,
further support in some areas can be provided equally—or
more effectively—through a smaller in-country footprint
via financial support and expertise from the EU's funding instruments
coordinated through the European Union Delegation in country.
The Mission Implementation Plan for 2010/11 is currently being
drafted by the mission, in collaboration with local Bosnian police
and criminal justice agencies, and the local EU delegation, and
will, accordingly, include planning for any transition."
THE ESTABLISHMENT OF A TEMPORARY WAREHOUSE WITHIN
EUPM BIH
"The establishment of this warehouse is not
in response to the fragility of the country, nor for fear that
a new conflict could erupt as reported by some media. The purpose
of the temporary warehouse is to enable the EU to more effectively
and rapidly provide equipment to launch a new civilian CSDP mission
or to meet the urgent needs of an existing mission. One of the
main lessons from recent CSDP deployments, including during the
establishment of the EU Monitoring Mission in Georgia, was that
the EU needed to improve its capability to provide equipment rapidly
for the deployment of missions during a crisis. This temporary
warehouse is a response to that need. For legal reasons it was
not possible to establish a stand-alone facility and, following
a cost and feasibility analysis carried out by the Council Secretariat
and endorsed by Member States, it was decided that EUPM Bosnia
represented the best location, not least because its downsizing
will release equipment to form the core stock in the warehouse.
The Commission is currently undertaking a feasibility study into
the establishment of a more permanent warehouse solution for civilian
CSDP mission."
THE CURRENT POLITICAL
SITUATION IN BOSNIA AND HERZEGOVINA
"The Committee is right to note that there has
been disappointing progress over the past year. Ethnic nationalist
rhetoric remains, and the political stalemate this engenders continues
to hold back reform. The UK Government remains deeply concerned
about this lack of reform progress and has been encouraging Bosnian
politicians to work together in a spirit of compromise and flexibility.
"More positively, all the main parties in BiH
are in favour of moving towards European Union and NATO membership,
and it is to be hoped that this common aim will galvanise local
politicians to work together to achieve the necessary reforms."
THE OFFICE OF THE HIGH REPRESENTATIVE (OHR)
"The UK Government remains in favour of transition
from the Office of the High Representative (OHR) to an EU-led
international presence (EU Special Representative, EUSR) in BiH,
but has consistently maintained that this can only happen when
the '5 objectives and 2 conditions' set by the Peace Implementation
Council Steering Board have been completed. We remain hopeful
that Bosnian politicians will seize the opportunity offered by
the current EU/US initiative, begun in October this year, to reach
agreement on the necessary reforms for completing the '5+2' objectives
and conditions.
REVISED MANDATE FOR THE EUSR
"The introduction of a revised mandate for the
EUSR is dependent on completion of the 5+2 and subsequent closure
of the OHR. The nature of the revised mandate is therefore not
yet finalised."
THE PEACE IMPLEMENTATION COUNCIL (PIC)
"The Peace Implementation Council (PIC) was
established at the Peace Implementation Conference in London in
December 1995 to manage peace implementation and to give the High
Representative political guidance. It continues to fulfil this
important role in BiH. The most recent PIC Steering Board meeting
took place in Sarajevo on 18/19 November and a copy of its unanimously
agreed communiqué is attached to this letter."[83]
17.20 The previous Committee thanked the Minister
for this further information, which it reported to the House because
of the level of interest in developments in Bosnia and Herzegovina
and the wider region.[84]
The draft Council Decision
17.21 This Council Decision provides €17.6m
funding for the EUPM BiH for the second twelve month period of
its current two year mandate.
17.22 In his Explanatory Memorandum of 18 November
2010, the Minister for Europe (David Lidington) reiterates the
international community's long-term aim as transition from the
Office of the High Representative, with its executive authority
in BiH, "to a strengthened but non-executive EU-led presence,
in line with the formation of the European External Action Service."
After also reiterating strong support for the mission and to say
that it " has made significant progress under its current
mandate", the Minister explains the main components of this
funding as follows:
- "Personnel Costs (71.3%
of the budget), including daily allowances for international seconded
staff, all staff costs for international contracted and locally
engaged staff;
- "Running Expenditure (20.8%), including
transportation, IT and office rent and service costs;
- "Closure costs (4.8%)—the constituent
costs are set out below.
17.23 The Minister then says that the reasons for
the increase compared with the 2010 budget of €14.1 million
are as follows:
- "Closure costs (67% of
the funding increase)—ring-fenced provision for costs incurred
should the mission close at the end of its current mandate on
31 December 2011. These funds include staff severance pay for
locally engaged staff and a detailed assessment of the costs involved
in closing down EUPM, drawing on the experience of the costs incurred
in the closure of other missions. A decision on the future of
the mission will be made after a strategic review of mission activity
in late spring 2011.
- "Increase in personnel costs (11% of the
funding increase) due to a significant increase in daily allowances
for international staff as a result of exchange rate fluctuations
between the euro and the dollar, and following an uplift in the
UN allowance in Sarajevo against which the EU pegs its rates.
- "Increases in the cost of security (6%)
following the suspension of a service by the BiH government to
provide security guards for mission property."
17.24 Noting that the UK's contribution to the 2011
EU budget (which includes the Common Foreign and Security Policy
(CFSP) budget) is currently estimated as 13.8%, the Minister says
that "if we take 13.8% as roughly indicative of the UK's
contribution to this budget of €17.6 million, the cost to
the UK would be around €2.4 million (€2.1 million)."
The Government's view
17.25 The Minister says that the budget and the
proposed increases are required for on-going operations, and to
comment as follows:
"In order to offset some of the increases, the
mission has made a number of savings compared to previous years,
including a reduction in IT costs of €124,000, international
staff insurance cuts of €37,500, transportation reductions
of €17,000 and reductions in the contingency fund of €66,500.
During negotiations over the new budget the UK secured an additional
€300,000 reduction against the mission's original budget
proposal. The government also extracted an explicit guarantee
that the costs associated with mission closure would be ring-fenced.
EUPM has also demonstrated effective budget management to date
with its 2010 budget on track for 100% spend."
17.26 More broadly, Minister says that he continues
to support the work of the mission:
"Tackling organised crime and corruption is
a key priority for police progress in BiH given growing criminal
activity and the fact that BiH is a major transit country for
illegal narcotics into Western Europe. The current EUPM mandate
from January 2010 was refocused to tackle more explicitly organised
crime and corruption. The mission is providing support for BiH
law enforcement agencies covering the police and the judiciary
in order to encourage more coherent working in the fight against
OCC.
"EUPM has focussed on supporting the local authorities
in the planning and conduct of police operations through monitoring,
mentoring and advising police operations targeting large criminal
networks in the country. Tackling the movement of drugs, international
criminal groups and associated crimes such as corruption and money
laundering in BiH is central to improving its stability. Successful
operations in 2010 have included the significant seizure of drugs
as part of a nationwide operation and arrests of people suspected
of trafficking weapons between Bosnia and Serbia. These activities
are in the UK national interest as OCC in Bosnia and the region
has an impact throughout the EU.
"EUPM also provides effective support to the
Bosnian authorities through the implementation of police reform.
The mission has provided crucial support to the establishment
of the Directorate for Police Coordination and is providing sustained
and detailed expert assistance to the Directorate leadership.
The Directorate is a key component for improving police coordination
and cooperation in BiH where 15 distinctive police authorities
operate independently due to the country's political and ethic
context."
17.27 In conclusion, the Minister says: "The
British Government supports BiH's European integration because
we believe it will help entrench long term stability in the region."
17.28 He expects this Council Decision to be agreed
at Council in the week beginning 6 December 2010.
Conclusion
17.29 Although the Minister's comments include
some encouraging elements, we note that there is no reference
as to how the Mission has performed in relation to the six tasks
that form a key part of the current mandate (c.f. paragraph 0.13
above). Nor does the Minister have anything to say about the broader
context, as outlined above, and in particular what the current
prospects are for achieving the international community's long-term
aim of transition from the Office of the High Representative,
with its executive authority, "to a strengthened but non-executive
EU-led presence, in line with the formation of the European External
Action Service."
17.30 In other circumstances, we would have asked
the Minister to flesh out his Explanatory Memorandum by providing
this information. But we note that a decision on the future of
the mission will be made after a strategic review of mission activity
in late spring 2011. We therefore ask that the Minister writes
to us after that review has been promulgated, with a summary of
its findings, his views thereon, and what his expectations then
are for achieving the international community's long-term aim.
17.31 In the meantime, we clear the Council Decision.
80 The EU's military operation in BiH - Operation EUFOR
ALTHEA - deployed in December 2004, following the decision by
NATO to conclude its SFOR mission. Originally 7,000 troops, following
a Council decision in December 2006, EUFOR was reconfigured during
2007, and now numbers some 2,500 troops on the ground, backed
up by over-the-horizon reserves. EUFOR continues to act in accordance
with its peace enforcement mandate under Chapter VII of the UN
Charter, as specified in UN Security Council Resolutions 1575
(2004), 1639 (2005), 1722 (2006), which was renewed by the Security
Council on 21 November 2007 (Security Council Resolution 1785).
See http://www.consilium.europa.eu/uedocs/cmsUpload/080929%20Althea%20update%2011_EN.pdf
for full information. Back
81
(31122):seeHC5-v(2009-10),chapter12(6January2010). Back
82
See headnote: HC 5-i (2009-10), chapter 15. Back
83
Which was reproduced at Annex 1 to the previous Committee's most
recent Report; see headnote (31122) -: HC 5-v (2009-10), chapter
12 (6 January 2010). Back
84
See headnote: (31122) -: HC 5-v (2009-10), chapter 12 (6 January
2010). Back
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