Documents considered by the Committee on 9 April 2014 - European Scrutiny Committee Contents


13 The EU and the Sahel: EUCAP Sahel Niger

(35390)

Council Decision amending Decision 2012/392/CFSP on the European Union CSDP Mission in Niger (EUCAP Sahel Niger)
Legal base Articles28, 42(4) and 43(2) TEU; unanimity
Department Foreign and Commonwealth Office
Basis of consideration Minister's letter of 28 March 2014
Previous Committee Reports HC 83-xviii (2013-14), chapter 16 (23 October 2013); also see (35170) —: HC 83-xii (2013-14), chapter 22 (17 July 2013); also see (35108) —: HC 83-viii (2013-14), chapter 21 (3 July 2013) and (34063) —: HC 86-viii (2012-13), chapter 18 (11 July 2012); and (35009) —: HC 83-viii (2013-14), chapter 18 (3 July 2013)
Discussion in Council Before 31 October 2013
Committee's assessment Politically important
Committee's decision Cleared; further information requested (decision reported on 23 October 2013); further information provided

Background

13.1 Council Decision 2012/392/CFSP established an EU civilian Common Security and Defence (CSDP) Mission for Niger to build the capacity of Nigerien security forces to fight terrorism and organised crime. EUCAP Sahel Niger was launched in July 2012, and is mandated for two years until July 2014. The budget for the first year of the mission was set at €8,700,000. The background and full details are set out in our 2012 Report under reference.[44] It has five main tasks:

—  advise and assist in the implementation of the security dimension of the Nigerien Strategy for Security and Development at national level (assessing gaps in capability and capacity and designing a training strategy to address them; working to develop and upgrade the interoperability and coordination mechanism within the "Service Central de luttecontre le terrorisme" (SCLCT) to fight terrorism by providing equipment and training;

—  support the development of regional and international coordination in the fight against terrorism and organised crime, in particular by working with the "CollègeSahélien de Sécurité" and other related organisations;

—  develop and implement adequate criminal investigation training programmes utilising a "train the trainer" approach in subjects such as forensics, interview techniques, evidence handling, police tactics, human rights and the rule of law;

—  support the development of Nigerien Security Forces resilience by developing a Human Resources strategy and providing training in management issues; and

—  contribute to the identification, planning and implementation of projects in the security field.

13.2 The budget for the first year of the mission was set at €8,700,000. That was extended in July 2013 until the end of October, because EUCAP Sahel Niger had underperformed.[45]At that time, the Minister for Europe (Mr David Lidington) said that, once the Status of Mission Agreement (SOMA)[46] was in place, local buy-in could be expected to improve, together with the ability of the Mission to carry out its tasks.

13.3 This present Council Decision set out a new budget of €6.5 million to cover the remainder of the mandate, from 1 November 2013 to July 2014.

13.4 The Minister said that, since his earlier Explanatory Memoranda, events in the Sahel region, particularly in Mali, had moved forward positively; and that in Niger, too, the EUCAP-Sahel mission was at last starting to deliver. This welcome development was due to a number of factors. The SOMA had now been signed, the Mission was now starting to reap the benefits of clearly defined roles and responsibilities, and local buy-in was starting to improve. The Mission was now focussing its efforts on the provision of equipment, and on training in the conduct of operations and criminal investigation capacities as well as supporting the development of mechanisms for interoperability between actors involved in the fight against terrorism and organised crime. Operationally, the mission was now starting to deliver (see our previous Report for full details).

13.5 The Minister then turned to what he described as the Committee's "interest in issues around benchmarking and progression/achievements of the mission", as follows:

    "The Operational Plan (OPlan) for the mission sets out the objectives and tasks for the mission and the benchmarks by which the mission will be evaluated. For each task, the OPlan sets out the current position, the "Objectively Verifiable Indicator" or the position the EU would like to attain by the end of the mission and how it will measure the progress made.

    "For example, one of the tasks of the mission, set out under the OPlan, is to support the Nigerien Authorities to put in place a national intelligence model for criminal investigations, which can be rolled out to all intelligence functions in due course. Currently, the intelligence bureaux operate very separately and there is little confidence between the agencies. There is no centralised organisation or model for criminal intelligence. The technology to manage intelligence and the training capacity is very limited. The mission has identified the development and adoption of interservice accords for the exchange of criminal intelligence as the principal way the mission can contribute to this task. The mission will monitor progress in this area through regular evaluation and analysis of the exchange of intelligence and the initiatives in operational cooperation."

13.6 The Minister also agreed with the thrust of the Committee's comments in its report of 3 July: "the Niger mission was not meeting our legitimate expectations. It had been slow to establish itself, slow to begin delivering activity and slow to engage with its hosts in Niamey".

13.7 The Minister then continues as follows:

    "We took action to address this unsatisfactory situation. We told the External Action Service and key partners plainly that we were unhappy with the mission. In part as a result of that intervention, changes to the direction of the mission have been made. These changes have fed rapidly through to a more activist and organised approach on the ground.

    "We have also helped the EEAS to revise the mission's budget. The UK's rigorous analysis identified savings of around 10% in operational budgets. We also queried the project budget, as we feel the mission will need to perform exceedingly well to deliver all the projects it has set out. However, the new leadership has said that it wishes to work to challenging objectives, which is all to the good as we do want to see energetic delivery. To maintain oversight of the project work we have insisted on a review of spending in four months."

13.8 With regard to "the bigger picture", the Minister then said:

    "My overall assessment is that the changes which needed to be made in Niamey have been made and the mission is now on track to deliver against clear goals. Delivery in Niger is strong and the mission's emerging thinking about regional approaches to the continuing instability in the Sahel is pragmatic. That does not of course excuse the fact that time was wasted and resources mismanaged in the first six or nine months of the mission's operation.

    "A key lesson to be learned from the Niger process is that rushed planning leads to poor mission performance. The EEAS believed that the conflation of conceptual and operational planning could be managed; that assessment proved to be over-optimistic. Since it has become plain that accelerated planning in Niger was counter-productive, I have acted to prevent recurrences. I applied the brakes to the EUBAM mission in Libya and instructed officials to ensure that the launch of a civilian mission in Mali — which was envisaged by an EEAS options paper published before the summer — was delayed until proper planning was complete. The EEAS has not yet reverted with a new options paper. I am expecting the options paper to set out plans to develop civilian Malian security capabilities, in parallel with the military enhancement being delivered by EUTM.

    "On a separate matter, you may be interested to hear that a complete review of the process of selection of all civilian CSDP Heads of Mission is underway. The review usefully allows us to raise a number of our own concerns about the skills which CSDP leaders need. We are pressing to ensure that selection is competence-based: that Heads are appointed only when they have project and human resource management expertise, as well as geographical experience."

13.9 Looking ahead, the Minister said that work over the next three months on the "probable future track of CSDP work in the Sahel" was likely to include a decision on whether to renew the mandate of EUCAP Sahel Niger (and also whether to grant a second mandate to EUTM Mali and whether to agree to the launch of another civilian mission in Mali).

Our assessment

13.10 The Minister's very helpful Explanatory Memorandum and accompanying letter demonstrated, not for the first time, the leading, sometimes solitary and commendable role he and his officials have had in driving down the cost of CSDP missions.

13.11 Despite the welcome indications of progress, it had nonetheless taken a year to reach this point. Moreover, as the Minister noted, the mission was still seriously under-staffed. Also, his comments about funding for equipment not being sufficiently tapped, that both the mission and the EEAS could be working more closely with other actors, and that there was soon to be a change, suggested that the mission had suffered from inadequate leadership — this being borne out by the news that there was to be a complete review of the process of selection of all civilian CSDP Heads of Mission. We agreed with the Minister that project and human resource management expertise, as well as geographical experience, should be pre-conditions for selection, and expected to see that those "boxes" had been "ticked" when proposals for future missions were put forward.

13.12 We agreed with the Minister that rushed planning led to poor mission performance. However, both the Niger process and elsewhere had also shown that, in the absence of the clearly defined roles and responsibilities, and clear local buy in, time was wasted and resources were also mismanaged.

13.13 Though appreciative of the Minister's offer to discuss future work with his officials, we reminded him that we can only operate on the basis of public documents. We therefore asked to him to keep us informed in writing as these processes took shape, and to ensure that any proposals for a new mission and/or for mandate extensions were submitted for scrutiny in time for any questions arising to be pursued with him and, if necessary, debated, before any Council Decisions were adopted.

13.14 In the meantime, we cleared the Council Decision.[47]

The Minister's letter of 28 March 2014

13.15 In the latest of a series of helpful letters, the Minister now writes to update the Committee on future plans for EUCAP Sahel Niger, following release of the Strategic Review, which he says was issued at the beginning of March.

13.16 The Minister says that in recent months there have been signs of improvement, and continues as follows:

    "The mission is now delivering againstits mandate. The President's support for a Comité de Pilotage (Steering Board) has been instrumental in directing how different ministries and services work with EUCAP to implement reforms. Training activities are currently working well. EUCAP has trained over 2,500 members of the security forces, armed forces, civil service and judiciary. The mission's work on improving the services' human resource and forensic capabilities has been particularly successful.

    "EUCAP has been praised by third countries, including the US, for its work in co-ordinating wider international action in Niger, and uncovering duplication of requests for support; this particular work has been led by a UK-funded secondee. And the mission is seeking to build sustainability into its activity by creating a training cycle within the services, including a pool of mission-trained Nigerien personnel guaranteed to stay in post as trainers for a period of years. The project cell has also carried out refurbishment of training centres of the gendarmerie and military logistics school to increase the efficiency of training activity.

    "However, there is more to do. Niger remains a fragile democracy in an increasingly volatile region. It is prone to the criminal smuggling of weapons, drugs and weapons. Problems in Mali have spilled over into Niger; attacks in Agadez and Arlit have brought home to the Nigerien authorities that they too are now under threat. In Nigeria to the south, Boko Haram's campaign of violence continues, with large numbers of people being killed in often unreported incidents. Boko Haram is known to use the border region between Nigeria and Niger as a safe haven to rest and regroup. Meanwhile to the north, Libya remains volatile and its border with Niger porous. Nigerien elections are due in 2015-2016, and a visible EU presence at least until then would increase the chances of a smooth poll."

13.17 The Minister notes that he is providing the Strategic Review for information only:

    "It is being provided to the Committee under the Government's authority and arrangements agreed between the Government and the Committee for the sharing of EU documents carrying a limité marking.  It cannot be published, nor can it be reported on in any way which would bring detail contained in the document into the public domain."

13.18 He then says:

    "The Review sees the need to continue to support Niger in the development of its capability to deal with national and regional security challenges and recommends extending the mandate for a further two years from 17 July. The mission will remain roughly the same size, will retain its current structure and will cost a similar amount to now. However it recommends some small changes to the tasks to be carried out by the mission:

a)  "Reducing focus on the original top-down approach to reform, but working further on inter-operability and on training programmes: Despite the difficulties persuading the heads of the three security forces to develop a National Security strategy, joint central bodies and national action plans, the EEAS has concluded that these should remain the Mission's overarching ambitions, albeit tempered to suit the reality on the ground. They therefore propose a political campaign to lobby for implementation of this strategy, but that the mission itself should pursue inter-operability and sustainability at the operational level through joint training, including train-the-trainer work. A particular success of the mission is the training support it gives to the PC Mixtes, joint operational teams composed of members of the different services. The mission also would continue to pursue more limited reforms through the Comité de Pilotage, principally around human resources management.

b)  "Continued regional focus, but curtailing the Liaison Officer slots in Mali and Mauritania: The Strategic Review notes the Nigerien proposal to establish a regional CT training centre in Niamey, and proposes that EUCAP should facilitate the co-ordination of regional projects to help Niger tackle terrorism and organised crime. But the EEAS believes that with plans moving ahead for a new civilian Mission in Mali, and the lack of a need for CSDP in Mauritania, the Liaison Officer posts in Bamako and Nouakchott should be curtailed. Instead, it is proposed that security expertise be based in the EU Delegations in Bamako and Nouakchott, and outside the realm of CSDP.

c)  "Borders: Given Niger's location, the porous nature of its borders, and the importance that some EU Member States place on border concerns, the Strategic Review concludes that the mission should increase its expertise on border security. EUCAP currently is mandated to employ one expert in this field, a slot which has only recently been filled. Niger's northern frontier with Libya is largely unpatrolled and passes through ungoverned territory. The Nigerien authorities are engaging with Libyan authorities and the Heads of Mission of EUCAP and the CSDP Mission in Libya (EUBAM), are considering how they might best collaborate on border work."

Conclusion

13.19 We are grateful to the Minister for this further informative update. It contrasts strongly with the one on EUCAP Nestor, which is prompted by the promulgation of a similar EEAS Review. There, the Minister provides nothing like the same degree of insight into the Review's approach.

13.20 Here, by contrast, the Minister has plainly addressed, and continues to address, the Committee's concerns, especially about ensuring local buy-in before the mission begins; our "interest in issues around benchmarking and progression/achievements of the mission"; and our support for the process of ensuring that Mission leaders are properly qualified for the job.

13.21 Nor does he demonstrate that, during the EUCAP Nestor review process, anyone gripped the key issues, which include all the factors that blighted EUCAP Sahel Niger until they were properly tackled, in the way that they were gripped here, viz:

    "We told the External Action Service and key partners plainly that we were unhappy with the mission. In part as a result of that intervention, changes to the direction of the mission have been made."

13.22 That is why, in that instance, we have asked him to provide a better update on EUCAP Nestor, which draws on the way the EUCAP Sahel Niger process has been handled.

13.23 We also look forward to hearing further from the Minister about EUCAP Sahel Niger in due course. In the meantime, we draw this further information to the attention of the House because of its interest in threats to stability in West Africa and the EU's endeavours to tackle them.


44   See headnote: (34063) -: HC 86-viii (2012-13), chapter 18 (11 July 2012). Back

45   See headnote: (35170) -: HC 83-xii (2013-14), chapter 22 (17 July 2013). Back

46   Status of forces agreements (SOFAs) and status of mission agreements (SOMAs) are bilateral or multilateral treaties that define the legal position of military forces and civilian personnel deployed by one or more states or by an international organization in the territory of another state with the latter's consent. Back

47   See headnote: HC 83-xviii (2013-14), chapter 16 (23 October 2013). Back


 
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Prepared 25 April 2014