60 EU police, rule of law and civilian
administration mission to Iraq
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| Council Decision on the European Union Integrated Rule of Law mission for Iraq EUJUST LEX — IRAQ
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| Legal base | Articles 28 and 43(2) EU; unanimity
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 11 June 2010
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| Previous Committee Report | None; but see (30633) —: HC 19 xviii (2008-09), chapter 18 (3 June 2009) and HC 19-xvii (2008-09), chapter 3 (13 May 2009); also see (26356) — : HC 38-ix (2004-05), chapter 9 (23 February 2005) and (27480) —: HC 34-xxix (2005-06) chapter 9 (17 May 2006)
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| To be discussed in Council | 14 June 2010 Foreign 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
60.1 EUJUST LEX was launched in July 2005 with the aim of increasing
capacity and co-ordination in the Iraqi criminal justice system
and promoting human rights and respect for the rule of law. During
its initial mandate, the mission delivered courses within EU Member
States focused on management and crime investigation for senior
Iraqi criminal justice officials. For security reasons, all the
preparation and the courses were held outside Iraq. But a small
liaison office, headed by a Briton, was set up inside the British
Embassy in Baghdad. Its costs, and other common costs, have been
funded by the CFSP budget; training provided by Member States,
including the UK, is funded by them. The full background to and
nature of the mission is set out in detail in the previous Committee's
Report of 13 May 2009.[254]
60.2 In June 2006, the Council of Ministers agreed to extend the
mission's mandate for a further 18 months. This mandate authorised
the provision of more specialised courses as well as secondments
in EU Member States for senior Iraqi police officers and prison
governors. Both these actions were reported to the House.[255]
At the time at which the draft Joint Action was submitted for
scrutiny, the additional cost had yet to be worked out; the financial
reference amount was subsequently increased by € 11.2 million.
60.3 Then, in November 2007, the Council decided
on a further extension, until 30 April 2008. The UK was to continue
to contribute by providing specialised courses and offering a
work-experience prisons secondment for a senior Iraqi official,
as well as continuing to support the Baghdad Liaison Office with
office and living accommodation. This further extension would
be at no additional cost. Looking ahead, the then Minister for
Europe (Mr Jim Murphy) said that, with the arrival of an EC Delegation
in Baghdad, there was potential for the eventual development of
Community-supported institution-building and rule of law programmes
to carry forward EU JUST LEX 's work, which was expected to end
in 2009.
60.4 In April 2008 the then Minister for Europe submitted
the draft of a further Council Joint Action, which extended the
mandate, at no additional cost, until 30 June 2008. He supported
the continuation of the mission, which had facilitated training
for over 1400 Iraqis from the police force, the judiciary and
the penitentiary system; as of January 2008, the Mission had received
commitments for over 40 training interventions by Member States
until June 2009 and would therefore be able to maintain its level
of activities.
60.5 Finally, a further "no cost" extension
was submitted for scrutiny by the then Minister on 12 June 2008,
which we cleared on 18 June 2008. This authorised continuation
of the mission until June 2009.
60.6 The previous Committee judged that none of these
straightforward, "no cost", extensions warranted a substantive
Report to the House, and were cleared accordingly.
The most recent Joint Action
60.7 This Joint Action, which the previous Committee
considered on 13 May, extended the current mandate for a further
12 months until 30th June 2010. In brief, the mission had provided
88 training courses and 17 work experience secondments for over
1,900 Iraqis since summer 2005; the UK had provided 17 courses
and 3 secondments; the mission's success was recognised in 2008
when the Head of Mission won the prestigious Webber-Seavey Award
for "excellence in law enforcement and leadership".
In addition to continuing the mission's current activity, the
then Minister for Europe
(Caroline Flint) explained
in her 9 May 2009 Explanatory Memorandum
that EUJUST LEX would carry
out a pilot phase of activities in Iraq, in which up to 18 activities
would be undertaken in Baghdad, Sulamanayah and Talil regions;
these activities would include further training courses, providing
strategic advice on the ground and follow up mentoring sessions
for previous course participants; planning for these activities
was ongoing but "by engaging in country EU Just Lex will
be able to be more visible, proactive and better placed to aid
the Iraqi authorities when needed."
60.8 The then Minister also noted that the UK had:
— judged
that the EU's original strategic objectives for an ESDP mission
for Iraq remained valid;
— been
a strong advocate of EU JUST LEX moving in country, which she
said would allow the mission to further assist the Iraqi government
in strengthening the rule law through the provision of follow
up programmes with past course participants and "increase
the impact of the EU's intervention by building on the mission's
activities so far, improving evaluation of the mission's activities,
and improving local ownership, including through increased contact
and participation.";
and that:
— other EU Member States continued "to
demonstrate an increased willingness to engage in Iraq",
with the Mission having received in January 2008 commitments for
over 40 training interventions by Member States until June 2009;
— the Government of Iraq also remained
"highly supportive of the mission with the Iraqi Chief Justice
and Acting Minister of Justice both visiting EUJUST LEX courses
in Europe in the last few months."
60.9 On the financial aspects, the Minister said
that the mission was operating within budget and continued to
deliver a full training schedule; had cost €28.4 million
since 2005; and would require a further €11.5 million to
cover the period from 1 July 2009 to 30 June 2010.
60.10 The previous Committee noted that the then
Minister's predecessor had envisaged that the Mission was likely
to end in 2009, and that the Commission would thereafter be left
to pursue union-supported institution-building and rule of law
programmes. Neither from her Explanatory Memorandum nor the draft
Joint Action was it clear why this had not happened; nor why,
as she asserted, "an EU contribution to the emergence of
a stable, secure and democratic Iraq through addressing the needs
of the Iraqi criminal justice system is still required".
60.11 Nor were the previous Committee entirely clear
as to what she meant when she said that, though the courses are
currently run and hosted by Member States, "this may change
when the mission begins undertaking activities in country".
60.12 The draft Joint Action also referred to a review
in 2010 and a further decision on the mission's future, suggesting
at least the possibility of a further extension.
60.13 In summary, the previous Committee asked the
Minister to explain more fully what the rationale was for continuing
with the Mission for a further year when, last April, her predecessor
said that he expected it to end in 2009, and the basis of her
thinking about its longer-term future.
60.14 The previous Committee were also now able to
see that, when what became Council Joint Action 2008/190/CFSP
was adopted on 23 June 2008, it contained a provision authorising
a new financial reference amount to cover the period 1 July 2008
to 30 June 2009; and that, from the draft text, this amounted
to a further €7.2 million — notwithstanding having
been told by the then Minister's predecessor that this was to
be a "no cost" extension — and asked the Minister
to explain this discrepancy.
60.15 In addition to the UK share of the overall
CFSP expenditure, the previous Committee also asked what the cost
was of the UK's direct and indirect contributions to EUJUST LEX
so far.
60.16 In the meantime, the document was retained
under scrutiny.[256]
The Minister's letter of 22 May 2009
60.17 With regard to why the mission was being extended
after the previous Minister for Europe stated that it would end
in 2009, the then Minister said that her understanding was that
the mission was never due to end in 2009:
"It has always been the intention that EUJUST
LEX would, depending on developments in-country, continue into
2010 with a view to conducting training activities in Iraq. However,
the current mandate is due to come to an end in June 2009 and
it may be that this was taken at the time to mean that the mission
would cease on that date, which as I have said, I do not believe
to be the case."
60.18 With regard to the remark in her Explanatory
Memorandum that though courses are currently run and hosted by
Member States, "this may change when the mission begins undertaking
activities in country", the then Minister said that, as more
training courses were hosted in Iraq, the number hosted in Member
States would decrease, "though the Mission and national secondees
will remain as the lead in running the courses." She also
said that "the initial pilot phase of the move in country
should include activities such as providing strategic advice,
follow-up mentoring of EUJUST LEX alumni and conducting up to
18 thematic seminars or workshops (as and where security and resource
conditions allow)".
60.19 The then Minister also said that the rationale
for continuing the mission was that "there is a lot of work
still to be done in Iraq." She further said that in its four
years EUJUST LEX "has achieved a great deal but the improved
security situation presents an excellent opportunity to move training
activities in country where they will have a greater effect and
increase the levels of Iraqi ownership." The then Minister
supported this move "because the in-country activities will
allow the development of a more strategic approach to rule of
law in Iraq, targeting a wider range of participants for follow
up, and ensuring the sustainability of the mission's work".
60.20 Turning to the 2010 review, the then Minister
said that it would "evaluate all aspects of the move of activities
in country … take into account Iraqi capabilities as well
as activities of other international actors [and] inform the decision
as to whether EUJUST LEX should continue beyond June 2010 and,
if so, in what capacity." The review would "be the point
at which we and other Member States consider again the long term
future and direction of the mission".
60.21 The then Minister then turned to the financial
aspects. She recalled that her predecessor's Explanatory Memorandum
of 9th June 2008 said that the last mandate extension until June
2009 (then under consideration) would be a "no cost"
extension. She explained that this was, unfortunately, incorrect:
that Explanatory Memorandum had been prepared from a draft version
of the Joint Action text which, at the time, did not include the
financial reference amount of €7.2 million, and when this
was agreed upon in a separate document (the mission's financial
statement) it had not been included in the Explanatory Memorandum
sent to the previous Committee. Having apologised for the misunderstanding
that this caused, the then Minister said that she would endeavour
to keep the Committee better informed in the future and provided
a note with more detail on the direct and indirect costs to the
UK of supporting EUJUST LEX .
The previous Committee's assessment
60.22 The previous Committee thanked the Minister
for this further information, and accepted her explanation, apology
and assurances.
60.23 It also looked forward to hearing from her
in due course about the outcome of the 2010 review and her views
on it, ahead of any fresh Joint Action to extend the mission mandate.
In the meantime, it cleared the extension.
The proposed Council Decision
60.24 This Council Decision alters the mandate of
EUJUST LEX-IRAQ in three ways;
— The
mission's mandate will be extended for two years until 30 June
2012.
— The
mission's focus will further shift towards in-country training
activities (although courses held in EU member states will continue).
— The
mission's permanent presence within Iraq will increase in line
with the increased focus on in-country activities:
- Baghdad: The mission's current
Baghdad Liaison Office will be expanded by 5 members of staff;
- Erbil: A new liaison office will be opened in
the northern city of Erbil with 15 members of staff who will assist
with the co-ordination and planning of the proposed increase of
in-country training; and
- Basra: 4 mission personnel will be deployed in
Basra to assist with southern based training activities, operating
under the Baghdad office. They will also look into the possibility
of the mission opening a full scale liaison office in Basra in
the future should security conditions allow.
The Government's view
60.25 In his Explanatory Memorandum of 11 June 2010,
the Minister for Europe at the Foreign and Commonwealth Office
(Mr David Lidington) says "establishing effective rule of
law is central to the future stability of Iraq." He continues
as follows:
"Through support to the Iraqi criminal justice
system, EUJUST LEX-IRAQ has made an important contribution to
building the institutional knowledge necessary to develop the
rule of law. EUJUST LEX-IRAQ courses are helping the Iraqi system
to work towards meeting international best practice by providing
senior Iraqi officials with the skills and techniques to take
forward criminal investigations and manage cases more effectively.
Since it was deployed in 2005, EUJUST LEX-IRAQ has facilitated
116 EU Member State courses and 22 work experience secondments.
It has also conducted three regional thematic seminars, three
preliminary in-country events and successfully completed 14 pilot
in-country activities with more than 3100 Iraqis participating.
The in-country activities have provided training on key issues
such as Effective Crime Scene Management, Domestic Violence (a
significant problem in Iraq), and Management of Vulnerable Prisoners.
The mission is also working to move the criminal justice system
towards evidence rather than confession based forms of investigation
which can be open to human rights abuses. As a result, the mission
is highly visible with senior officials and Iraqi politicians
many of whom are supporters of the mission's work."
60.26 The Minister supports a new two year mandate
for the mission:
"because of the impact the mission has made
and because it is a key way of bringing EU engagement together
on a UK foreign policy priority which has previously divided the
EU. As the US prepares to drawdown its large scale presence in
the autumn, EU support will become increasingly important. In
addition, there has been a modest but positive improvement in
security in Iraq since 2008. Despite a relapse in politically
motivated violence in the run up to the March 2010 elections the
civilian death toll in Iraq decreased by half between 2008 and
2009 and inter-sectarian violence (a major problem in 2006 and
2007) has also decreased. With the completion of elections and
the improving security situation the timing is right for EUJUST
LEX-IRAQ to increase its presence in-country."
60.27 The Minister goes on to say that the UK has
consistently called for improvements in the way the mission assesses
the impact of its work:
"As a result, an impact assessment will be produced
in October in order to target the mission's future training activities.
Increasing EUJUST LEX-IRAQ's focus on in-country activities should
facilitate better assessment. It should also enable the mission
to conduct more effective follow up sessions with course participants
to check whether learning has been implemented. This will be supplemented
with some mentoring of Iraqi officials. Finally, the Iraq based
activity will facilitate more effective liaison with the Iraqi
authorities so that EUJUST LEX-IRAQ activities can be better planned
to support the Iraqi national training programme."
60.28 The Minister then says that the UK has also
argued that the mission should establish a more permanent footprint
outside of Baghdad to facilitate training and mentoring activities
throughout the country:
"In the northern Kurdistan Region, Erbil was
selected as the location for the proposed new office due to the
city's favourable security conditions. It has also been the location
for the majority of completed in-country activities with training
venues and facilities already established. In order to tackle
any suggestion of ethnic bias towards Kurds, the activities run
out of Erbil will cover the Iraqi population beyond the Kurdish
region.
"The proposed smaller presence in Basra is due
to the security conditions there with a number of Member States
reluctant to see an expansion to the south before testing whether
projects could be effectively delivered. The staff placed in Basra
under the new mandate will evaluate the ability for the mission
to have an impact."
60.29 Finally, the Minister says that:
— the
estimated total budget for the two year extension is €17,500,000
which will be funded from the EU's Common Foreign and Security
Policy budget;
— the
UK contributes 13.6% to the overall EU budget in 2010;
— as
the EU budget funds the CFSP budget, the cost to the UK for the
two year extension will be €2,380,000 (£2,019,000);
and
— this
Council Decision is due to be agreed at the Foreign Affairs Council
on 14 June 2010.[257]
Conclusion
60.30 Although no questions arise from the Council
Decision itself, we are again reporting this extension to the
House because of the widespread interest in developments in Iraq,
and especially in the area of rule of law.
60.31 We now clear the document. In so doing,
we recognise that the general election and its aftermath militated
against the Minister withholding agreement to this Decision until
it had been scrutinised by the Committee, and do not object, on
this occasion and in these circumstances, to the action that he
took in agreeing to its adoption prior to scrutiny.
254 See headnote: HC 19-xvii (2008-09), chapter 3 (13
May 2009). Back
255
See headnote: HC 38-ix (2004-05), chapter 9 (23 February 2005)
and (27480) -: HC 34-xxix (2005-06) chapter 9 (17 May 2006). Back
256
See headnote: HC 19-xvii (2008-09), chapter 3 (13 May 2009). Back
257
And was indeed adopted by the FAC on that day. Back
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