20 EU Assistance to the Palestinian Territories
| (32230)
—
—
| Council Decision amending Joint Action 2005/797/CFSP on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)
|
| Legal base | Articles 28 and 43(2) EU; unanimity
|
| Department | Foreign and Commonwealth Office
|
| Basis of consideration | EM of 24 November 2010
|
| Previous Committee Report | None; but see (31173) —: HC 5-iii (2009-10), chapter 18 (9 December 2009); also see (30098) —: HC 16-xxxv (2007-08), chapter 13 (12 November 2008); (29731) —: HC 16-xxiv (2007-08), chapter 13 (18 June 2008); (29404) —: HC 16-xi (2007-08), chapter 10 (6 February 2008); (29307) 16426/07: HC 16-viii (2007-08), chapter 23 (16 January 2008); and (26957) —: HC 34-viii (2005-06), chapter 16 (2 November 2005)
|
| To be discussed in Council | 9 December 2010 Foreign Affairs Council
|
| Committee's assessment | Politically important
|
| Committee's decision | Cleared
|
Background
20.1 An EU Co-ordinating Office for Palestinian Police Support
(EU COPPS) was established in January 2005 within the office of
the EU Special Representative (EUSR) to the Middle East Peace
Process.[94] It then
consisted of four police advisers seconded and funded by Sweden,
Denmark, the United Kingdom and Spain, and a local office manager
based in the PNA Ministry of Interior in Ramallah, a liaison office
in Jerusalem and a forward office in the Palestinian Police HQ
in Gaza. Non-personnel related start-up and running costs for
EU COPPS were funded by the UK Department for International Development
until 31 December 2005.
20.2 On 2 November 2005, the then Committee cleared
Joint Action 2005/797/CFSP, which, reflecting preparatory work
by the Council Secretariat, including an earlier fact-finding
mission under the guidance of the Political and Security Committee
(PSC),[95] authorised
an ESDP mission that built on the then EU-COPPS police support
mission by increasing staff to 33. The mission, which continued
to be known as EU-COPPS, was launched on 1 January 2006, with
a three-year mandate.
20.3 Against the background of the Israeli withdrawal
from Gaza and some parts of the West Bank, the aim was to find
a way to build on the work of the EU-COPPS and help the Palestine
Authority to fulfil its "security" and "institution-building"
obligations under the so-called Road Map. Although the three year
mandate was longer than normal, it was considered necessary if
the EU was to support the Palestinian National Authority's comprehensive
Police Development Programme, which included both institutional
change and capacity-building, together with "Rule of Law
elements", with the purpose of creating an effective Palestine
police force.
20.4 Although launched with a three year mandate,
decisions on financing are taken annually. When first launched,
the then Minister for Europe said that funding for Common Costs
(HQ, in-country transport, office equipment etc) for 2006 was
expected to be in the region of €6.1 million (then equivalent
to £4.16 million), which would be met in the normal way from
the CFSP budget, to which the UK contributed approximately 17%
(€1.04 million, £0.707 million); and that the cost of
any UK policing expertise contributed to the mission would come
from the Whitehall Peacekeeping Budget (which is a call on the
Treasury's central contingency reserve).
20.5 On 6 February 2008, the then Committee cleared
a Council Decision covering the costs for the remainder of the
EUPOL COPPS Mission's mandate, until 31 December 2008. In his
accompanying Explanatory Memorandum of 4 February 2008, the then
Minister for Europe said that the budget for the rest of 2008
was projected to be €7 million, of which the UK would contribute
approximately €1.12 million (£840,000). He noted that,
as well as contributing three personnel to the Mission, the Government
had also pledged £1.2 million to support the Mission's practical
work in November 2007.
20.6 On 18 June 2008, the then Committee cleared
a further Council Decision increasing the financial reference
amount from 1 March 2008 to 31 December 2008 by an additional
€1 million. In his accompanying 10 June Explanatory Memorandum,
the then Minister for Europe explained that this would enable
the Mission to engage more effectively in police-related criminal
justice matters by funding 26 more personnel, most of whom would
work in the Rule of Law and Police Advisory sections, specifically
in the judiciary and penitentiary spheres. He went on to explain
that this reflected a desire on the part of the EU "to increase
its engagement in the Occupied Palestinian Territories",
in the light of what he saw as the renewed momentum given to the
Middle East Peace Process by the Annapolis Peace Conference in
November 2007. The then Minister expressed strong support for
the mission: he saw Palestinian capability in law and order as
a key condition for progress in the Middle East Peace Process,
and said that this expansion of its activities would increase
the Mission's effectiveness in addressing the linkages between
the police force and the broader rule of law.
20.7 In its Report of 6 February 2008 the then Committee
noted that this would be the last year of the EUPOL COPPS mandate
and that there were moves under way to introduce a formal review
mechanism for all civilian ESDP missions. Even though this latest
Council Decision itself also raised no political or legal questions,
the then Committee again reported it to the House in the light
of its earlier request that, at the end of the mandate, the Minister
ensured that a formal report on its cost (which in that year alone
would now be €8 million), activities and outcomes was produced
and deposited along with an EM containing his views on its effectiveness.
That request stemmed from what they had earlier noted, when considering
the Portuguese Presidency report (on its stewardship of European
Security and Defence Policy, and outlining the incoming Presidency's
mandate), as timely moves under way to introduce a formal review
mechanism for such ESDP missions — or, as the document in
question put it, "to establish an architecture for evaluation,
lessons learned and best practices of civilian ESDP operations."
20.8 Then, two years ago, the then Committee considered
a fresh Joint Action, to extend the EUPOL COPPS mandate for a
further two years, and increase the financial reference amount
to cover the expenditure related to the mission for the period
from 1 January 2009 until 31 December 2009. It also amended the
mission's structure to reflect its reinforced activities in the
area of the Rule of Law.
20.9 In her accompanying Explanatory Memorandum of
5 November 2008, the then Minister for Europe (Caroline Flint)
said that this would enable it to continue to progress both police
reform and reform of police-related criminal justice matters.
Like her predecessor, the Minister referred to the impetus of
the Annapolis Peace Conference and the consequent EUPOL COPPS
expansion of its activities in the judiciary and penitentiary
spheres, expressed the Government's continuing strong support
for the Mission and emphasised the development of Palestinian
capability in law and order as a key condition for progress in
the Middle East Peace Process. The extension of its mandate would,
she said, enable it to continue to improve Palestinian capability
in this area. It was, she said, particularly necessary as the
Mission effectively lost 18 months of its original mandate due
to being unable to engage with the Hamas-led Ministry of the Interior
between February 2006 and July 2007 (the formation of the Fayyad
government). The extension would "compensate for this lost
time, and ensure that the Mission is able to complete all the
activities currently underway."
20.10 Turning to the Resource Implications,
the then Minister said that:
— the
new financial reference for 2009 was €7 million (then approximately
£5.6 million); the UK contribution, at approximately 17%,
would therefore be approximately €1.2 million (then approximately
£960,000);
— the UK would also continue to contribute
three personnel to the Mission, funded from the Whitehall Peacekeeping
Budget.
The then Committee's assessment
20.11 While not taking issue with the then
Minister's views on the importance of developing Palestinian capability
in this area, the previous Committee did, however, note that the
cost of the mission would now amount to over €20 million.
So far, the only evaluation of its achievements was the Minister's
comment that that Mission's expansion into the wider rule of law
area had "enabled it to address more effectively the linkages
between the police force and the broader rule of law." The
previous Committee presumed that the then Minister had not produced
the proper assessment for which they had called because this was
not the end of the mandate, but a further extension — in
this case, for another two years.
20.12 The previous Committee also noted the need
for further Council action to cover financing in 2010. On that
occasion, it asked the then Minister to provide a full assessment
of the Mission's cost, achievements and, if appropriate, failings,
and the lessons of particular and general application that had
by then emerged.
20.13 In the meantime, it cleared the document.[96]
The most recent Council Decision
20.14 That Council Decision amended the 2005/797/CFSP
Joint Action in three ways. It:
— set
out new funding for the period of 1 January to 31 December 2010;
— clarified the way in which the mission
can recruit its staff;
— set out language standardising the mission's
"Project Cell", which would manage project activity.
20.15 In his Explanatory Memorandum of 27 November
2009, the then Minister for Europe (Chris Bryant) reiterated the
Government's strong support for the Mission, which he said remained
"a high profile mission of increasing importance at the cornerstone
of efforts by the EU to support efforts to achieve a comprehensive
peace agreement to the Israeli-Palestinian conflict." He
noted that in 2009, under the leadership of the British Head of
Mission:
"EUPOL COPPS has made progress in all areas
of its mandate, ensuring Palestinian ownership for reforms. The
mission has made particular progress in coordinating Member States'
bilateral contributions, developing a Civilian Policing Model
based on a 'serving-the-public' approach, and in starting implementation
of an ambitious Criminal Justice Action Plan. The advisory section
maintained its regular visits to the Palestinian Civil Police
(PCP) Districts, supporting and advising PCP Officers, particularly
District Commanders. Management training has also been developed
and delivered to assist the commanders."
20.16 He also noted that "one of the greatest
challenges faced by EUPOL COPPS in 2009 has been the under resourcing
by member states of international staff position [and] …
therefore welcomes using contracted staff to allow the mission
to fully implement its mandate at this crucial time."
20.17 The then Minister also noted that the draft
Council Decision included standardised language on a project cell
for identifying and implementing projects:
"This provides limited programme funds to
support projects that will increase the effectiveness of the mission.
Such projects include: support on drugs awareness, community police
training, support to intelligence led policing and support in
the delivery of specialized investigation training courses, premises
and equipment. The UK supports the mission's project work, enabling
the mission to better fulfil its role as a key actor in the Occupied
Palestinian Territories. Project cells are also established in
EUSEC DRC, EUPOL DRC and EUPOL Afghanistan."
20.18 With regard to the Financial Implications,
the Minister said that the financial reference amount intended
to cover the expenditure related to EUPOL COPPS for the period
1 January to 31 December 2010 would be €6.65 million. (The
Minister did not follow the normal practice of also denoting the
cost in £s, or the cost to the UK, which was presumably the
customary c.17%. He also made no mention of the separate UK contribution,
which the previous Committee likewise presumed would continue
for a further year.)
The previous Committee's assessment
20.19 The previous Committee noted that the Mission
had clearly come a long way from its modest beginnings four years
earlier, particularly given the difficult circumstances in which
it had been operating, which were far removed from the hopes surrounding
the creation of the "road map" that defined its purpose.
20.20 It also noted that the UK contribution, and
not just to the common costs, appeared to have been significant
in its achievements thus far — which it felt was plainly
more than could be said of some other Member States (c.f. paragraph
20.16 above).
20.21 With still a year to go of this mandate, it
accepted that the Minister would have been unable to provide a
full assessment of its achievements. However, in a year's time
— whether the mandate was coming to an end, or a further
extension is then proposed — it said that a much fuller
assessment should be provided, i.e., one that gave meaning to
the new "architecture for evaluation, lessons learned and
best practices of civilian ESDP operations" that was promised
at the end of the Portuguese Presidency two years earlier (c.f.
paragraph 0.7 above).
20.22 The previous Committee then cleared the document.[97]
The draft Council Decision
20.23 The draft Decision continues the mandate of
EUPOL COPPS from 1 January 2011 for an additional period of 12
months until 31 December 2011 and extends its financing for a
further year until 31 December 2011.
20.24 It now describes EUPOL COPPS mission as:
"to contribute to the establishment of sustainable
and effective policing arrangements under Palestinian ownership
in accordance with best international standards, in cooperation
with the Community's institution building programmes as well as
other international efforts in the wider context of Security Sector
including Criminal Justice Reform."
20.25 In his Explanatory Memorandum of 24 November
2010, the Minister for Europe (Mr David Lidington) says that funding
for the next year will amount to €8.25 million (£7.17
million); that the UK contributes 13.8% to the overall EU budget
in 2010, of which the CFSP budget is a constituent part; and if
13.8% is taken as indicative of the UK's share of the CFSP budget,
the cost to the UK of this further extension will be around €1.14
million (£0.99 million).
20.26 Noting that the 2010 budget is €6.9 million,
the Minister says that the increase is accounted for by:
— Personnel:
an increase in per diems, the daily fee paid to all mission
staff, which is calculated by reference to UN per diem
rates, and where the depreciation of the euro against the dollar
has led to increased costs. The EU also increased the risk rate
for Jerusalem from medium to high in June 2010 resulting in an
increase in the daily risk allowance. Finally, the mission plans
to employ three additional local staff in order to better support
two large projects and to reflect changes in how the Palestinians
organise their engagement with the mission;
— Capital: replacement of old IT equipment
and the purchase of a replacement armoured car. A number of essential
security measures are also required following an assessment by
the Council Security Office, which were put off in 2010 pending
a move to new premises;
— Running expenditure, missions and representation
as a result of the mission being more fully staffed, slightly
higher rents for mission premises, the leasing of generators to
provide an alternative source of power for mission buildings,
the need for more travel to Amman because of a police project
being explored there, and increased use of mobile phones as the
mission is more fully staffed and coverage improves in the West
Bank;
— Contingency: an increase to bring the
contingency budget in line with the standard Commission allocation.
20.27 The Minister adds that:
"In discussing the proposed budget, the
UK made clear that we expect all CSDP missions to prioritise funding
and to live within their existing budget envelopes rather than
to seek increases.
"However, our judgement on this occasion
is that the budget for EUPOL COPPS is relatively lean, as evidenced
by the mission's requirement this year for additional funds. Despite
this, the UK led efforts did lead the Commission to revisit the
mission's proposed budget and cut out €150,000 based on better
cost projections."
20.28 Finally, the Minister says that the UK currently
provides funding from the Middle East and North Africa Conflict
Prevention Pool for four personnel in the Mission, including the
Head of the Rule of Law.
The Government's view
20.29 The Minister reiterates continuing strong support
for the work of EUPOL COPPS, which he says plays an important
role in the international community's efforts to increase the
effectiveness of the Palestinian Authority's police and wider
rule of law institutions.
"This is central to improving security in
the West Bank and demonstrating the responsibility and viability
of a Palestinian state. Prime Minister Fayyad has stated that
establishing an effective justice system is one of his priorities.
As such it is a key element of the Palestinian obligations under
the Roadmap, a concern for Israel and a necessary condition for
building trust in the negotiating process."
20.30 The Minister describes the Mission's present
work thus:
"The mission provides strategic advice and
expertise to the entire criminal justice chain (Palestinian Civil
Police, Ministry of Justice, Attorney General, High Judicial Council,
courts, Bar Association and prison system) based on the Palestinian
Authority's criminal justice action plan. EUPOL COPPS, in partnership
with the Ministry of Interior and the Palestinian Civil Police,
is implementing a comprehensive three year Palestinian Civil Police
Development Programme, which involves the delivery of substantial
quantities of vehicles, public order and communications equipment.
The mission continues to play a valuable role in helping to coordinate
Member States' bilateral contributions to Palestinian policing
efforts. Both the Palestinian Authority and the Israelis recognise
the importance of the mission's work. The co-location of a mission
expert in the Ministry of Justice has contributed to the strategic
management, planning and oversight of activity in the Ministry,
such as the indicators to measure progress in the 2010 to 2013
Justice Sector Strategy."
20.31 With regard to its effectiveness, the Minister
says:
"The mission has recently conducted some
important project work. As part of the project to improve cooperation
between the Palestinian Civil Police and Public Prosecution, the
mission facilitated the signing of a Memorandum of Understanding
between the two. This is an important step towards constructing
an end to end rule of law strategy, from arrest to rehabilitation,
which helps to bring together coherently different Palestinian
actors. In order to improve project prioritisation and coordination,
and closely monitor progress towards the Palestinian Civil Police
objectives, a Palestinian Civil Police Programme Steering Committee
has been constituted, which two EUPOL COPPS experts advise.
"Despite the progress being made, the UK
continues to push for a stronger sense of strategic direction
in the mission, as well as more concrete indicators of progress.
The Head of Mission has taken forward this aspect of work, including
by refreshing the mission's high level objectives and implementation
of a programme based approach in the mission for planning work
and projects. However, there is further to go and the UK has gained
agreement at 27 that these two aspects will be addressed under
the next mandate. In addition, subject to wider EU discussions
on engagement in the Palestinian Territories, we are likely to
push to increase the size of the mission in the near future. This
would be a small increase of 15 to 20 staff to increase activities
in existing areas of work. In principle we support this move which
will provide the mission with the additional expertise that is
required to better implement its broad mandate. I will write with
a subsequent Memorandum if an increase of staff is proposed."
Conclusion
20.32 Perhaps the uncertain environment in which
EUPOL COPPS has been forced to operate has militated against the
sort of assessment that our predecessors had in mind, and which
was trumpeted by the Council three years ago (c.f. paragraphs
0.07 and 0.21 above). It is nonetheless difficult, notwithstanding
what the Minister says about progress, to get a sense of its achievements.
The mission has now been operating for nearly six years, and by
the time this mandate ends, will have cost some €35 million.
The Minister talks of still having to "push for a stronger
sense of strategic direction in the mission, as well as more concrete
indicators of progress", and of the Head of Mission implementing
a programme based approach in the mission for planning work and
projects — considerations that are fundamental to any operation,
regardless of the local environment, and which ought surely to
have been well-entrenched by now. Even so, there is a clear assumption
that, come the end of 2011, there will be a further mandate extension,
and a staff increase in the meantime. Either then, or when the
presumed mandate extension is proposed, we urge the Minister to
provide something more substantial than hitherto to illustrate
what €35 million
of European taxpayers' money has achieved, beyond a sense of involvement.
At that point, we would also like to know what Member States other
than the UK are engaged in the Mission's work (c.f. paragraphs
20.16 and 20.20 above.
20.33 In the meantime, we clear the document.
94 EU Special Representatives (EUSR) are appointed
to represent Common Foreign and Security Policy where the Council
agrees that an additional EU presence on the ground is needed
to deliver the political objectives of the Union. The aim of the
EUSRs is to represent the EU in troubled regions and countries
and to play an active part in promoting the interests and the
policies of the EU. There are currently seven EUSRs in different
regions of the world. Back
95
The committee of senior officials from national delegations who,
under article 25 of the EU Treaty, monitor the international situation
in areas covered by the CFSP and, under the general responsibility
of the Council, exercise political control and strategic direction
of crisis management operations. Back
96
See headnote: (30098) -: HC 16-xxxv (2007-08), chapter 13 (12
November 2008). Back
97
See headnote: (31173) -: HC 5-iii (2009-10), chapter 18 (9 December
2010). Back
|
