Documents considered by the Committee on 5 March 2014 - European Scrutiny Committee Contents


16 EU military operation in the Central African Republic (EUFOR RCA)

(35747)

Council Decision on a European Union military operation in the Central African Republic (EUFOR RCA)
Legal baseArticles 42(4) and Article 43(2) TEU; unanimity
DepartmentForeign and Commonwealth Office
Basis of considerationMinister's letter of 21 February 2014
Previous Committee ReportHC 83-xxxi (2013-14), chapter 14 (5 February 2014)
Discussion in Council10 February 2014 Foreign Affairs Council
Committee's assessmentPolitically important
Committee's decisionCleared (decision reported on 5 February); further information provided

Background

16.1 Via Operation Sangaris, some 1,600 French troops have been deployed in the CAR since early December on a mission to stem fighting between predominantly Muslim militants, known as the ex-Seléka, and bands of Christian vigilantes.

16.2 By the beginning of 2014, the humanitarian and security situation in CAR remained extremely concerning.  Although the deployment of French and African Union (AU) forces appeared to have stabilised the security situation in Bangui, the capital city remained tense with sporadic fighting; in the rest of the country, fighting continued in the west and north-west, with most residents still too afraid to return to towns.  The numbers of Internally Displaced Persons was estimated at over 935,000 (out of a population of 4 million) with 512,000 in Bangui alone (population 800,000).  In sum, there was a considerable humanitarian challenge. 

16.3 We most recently reported on the first draft Council Decision on 5 February 2014. We set out in that Report the relevant conclusions of the January Foreign Affairs Council and the background to UN Security Council resolution 2134.

Council Decision 2014/73/CFSP

16.4 The Council Decision (2014/73/CFSP) of 10 February 2014 established a European Union military operation in the Central African Republic (EUFOR RCA). As well as designating Major General Philippe Pontiès as Operation Commander and Larissa as the EU Head Quarters, it also agreed a draft reference amount for the budget of €39.6 million (through the ATHENA mechanism, the UK would expect to pay a 14.82% share of the common costs, which would equate to €5.8 million).

16.5 In our February Report we expressed our gratitude to the Minister for the way in which the scrutiny process had been handled thus far, given the pressures to press ahead as rapidly as possible. No doubt he would be able to provide more detail as the operational planning process was taken forward, particularly with regard to any possible UK contribution and the final reference amount.

16.6 As the Minister knew from previous discussion with him, we have noted the extent to which, in many instances, it is the Status of Mission Agreement (SOMA) that is central to a mission's success — as evidenced by those in, e.g., Niger, Mali and the Horn of Africa, whose effectiveness after launch has been hampered by the time it has taken to complete the negotiations, or other issues that have compromised effectiveness due to the failure of the local authorities to respond appropriately. In this instance, the Minister did not comment about the capacity or inclination of the authorities in the CAR — with a fragile situation in the capital, fighting elsewhere in the country and a dire humanitarian situation — to be an appropriate counter-party. The Minister rightly referred to the importance of a sustainable political process.

16.7 We therefore asked the Minister, when he next submitted an Explanatory Memorandum on this mission, to outline the situation on the ground — who was now in power, with what sort of local support etc. — so that we could, we hoped, be assured that this was not likely to be an obstacle to this Mission's operational effectiveness, and that it could be fully operational from the outset.

16.8 At the same time, we asked the Minister also to deal with the comment attributed to the Permanent Representative of the Russian Federation at the UN on 28 January 2014, after the adoption of UN Security Council resolution 2134 — that he had urged the European Union to agree with the African Union peacekeeping operation on operational aspects, such as the division of labour, before its force began operating.

16.9 In the meantime, cleared the Council Decision.[59]

The Minister's letter of 21 February 2014

16.10 The Minister for Europe (Mr David Lidington) says that, as he was able to submit only an early draft of the Council Decision for scrutiny, he is writing to update the Committee on the final Council Decision following its agreement and address some of the concerns we and our House of Lords counterparts have raised.

16.11 The Minister continues as follows:

    "UK objectives on the Council Decision to establish EUFOR RCA were fully achieved at the RELEX negotiations; we pushed to ensure the final Decision reflected a tightly focused operation with a clear timeframe, mandate and scope. We successfully built the following additions into the Decision:

—  "That EUFOR RCA should deploy as rapidly as possible to Full Operating Capability (FOC) to contribute to the stabilisation of the situation;

—  "That EUFOR RCA should conduct mandated tasks with a view to a handover to AFISM-CAR within four to six months from achieving FOC;

—  "A financial reference amount of €25.9 million for the common costs of EUFOR RCA. An additional €3.7 million of common funding has since been allocated for forces' accommodation; however the total figure is still a significant reduction from the draft Reference Amount of €39.6 million;

—  "A PSC[60] assessment of progress three months after the Operation's launch."

16.12 More immediately, the Minister says:

STATUS OF FORCES AGREEMENT (SOFA)

"The focus in Brussels has now turned to the formal planning process, which will include finalising the detailed Operational Plan and closing the negotiations with CAR authorities on the status of the operation (SOFA), which will necessitate another Council Decision. A draft version of the SOFA was shared with UK officials this week, in advance of discussions at RELEX on Thursday 20 February. I am attaching the current draft to give you an idea of direction of travel.

"We understand that agreeing the SOFA with CAR authorities should progress smoothly. MISCA was launched only two weeks after the UN Security Council Resolution mandating it. On 24 January, President Catherine Samba-Panza wrote to Baroness Ashton stating that the provisions of the EUFOR TCHAD/RCA SOFA from 16 April 2008 should serve as the basis of the new EUFOR RCA SOFA, so as to allow agreement with the shortest delay, and declared unilaterally that CAR would grant the privileges and immunities of EUFOR TCHAD SOFA to EUFOR RCA and its personnel.

FORCE GENERATION

"The formal planning process also includes the start of force generation for EUFOR RCA. I am not in a position to provide much detail as force generation is ongoing, with a Force Generation Conference scheduled for 27 February. However I understand that France, Estonia and Poland have all expressed a firm interest, as has Georgia, and initial indications are that the EU will manage to generate the expected number of forces.

COORDINATION WITH THE AU AND UN

"UK support has been focused on ensuring the international community is co-ordinated and responding as effectively as possible. In parallel, we have worked closely with the AU and UN given that they are leading the international response. We have also committed a substantial humanitarian aid package of £15 million to CAR to support the UN and others to deal with the humanitarian crisis.

"We continue to play our part in ensuring that EUFOR RCA and the African-led International Support Mission to CAR (MISCA) are equipped with the assets they need, and have already supplied £2 million of bilateral support to MISCA, which comes in addition to the EU funding provided through the African Peace Facility (APF). As you are aware, the African Peace Facility (APF), funded through the European Development Fund, was set up to support peace and security on the African continent in the framework of the EU-Africa Partnership. In November 2013, EU Member States endorsed the EU Commission's recommended allocation of €325 million to the APF in 2014. EU Member States agreed to the payment of €50 million on 5 December from the 2013 APF allocation to cover MISCA costs of troop stipends, fuel and provsions until 30 June 2014. The UK contribution to this is 14.92% through EU assessed costs. Because higher than expected force levels were agreed by the AU, the EU is expecting a second request for an additional €25 million of funding for CAR to ensure that the MISCA mission can operate until the end of June. The AU and UN also organised a donors' conference in the margins of the AU Summit in Addis on 1 February to try to ensure sustainable and predictable funding. The conference raised funding pledges totalling $314 million.

UK CONTRIBUTION TO EUFOR RCA

"UK support now includes the provision of a military officer to assist with operational planning in the Headquarters in Larissa, based on a longstanding commitment to provide staff to the Operation Headquarters when a national headquarters is activated for a CSDP operation. The Prime Minister has also offered further bilateral logistical support to France at the UK-France Summit on 31 January, following on from the UK's previous provision of three RAF C-17 flights to help with the rapid deployment of equipment of French forces in support of MISCA in December 2013. The offer of support includes logistical lifts and air to air refuelling and the provision of subject matter expertise on remotely piloted air systems.

POLITICAL DEVELOPMENTS IN THE CAR

"Politically, the election of Catherine Samba-Panza as Head of State of the Transition Government on the 20 January was a positive first step along the path to political stability. Whilst the President's first priority is security, the EU are continually engaging with the transitional government in Bangui to work towards implementing the political process, including the holding of free and fair elections within the agreed timetable. However the main efforts driving political transition are channelled through BINUCA, the UN Peacebuilding Office in CAR. BINUCA has been mandated to focus on the implementation of the transition process, including expediting the re-establishment of constitutional order by identifying, facilitating and coordinating regular communication between stakeholders. BINUCA is also providing strategic advice, technical assistance, and support, to ready the political and security context in the lead up to the elections. We strongly supported efforts to renew BINUCA's mandate, and have recently strengthened BINUCA's political mandate to prepare for elections by February 2015, to promote and protect human rights, and to support the stabilisation of the security situation.

PROCESS ISSUES

"As you are aware, we are still waiting on a Council Decision to launch EUFOR RCA (CD2). We anticipated submitting the first version of CD2 for Scrutiny this week, but have not yet received a draft copy. My officials will submit both CD2 and the Council Decision closing the negotiations on SOFA to you as soon as possible, and ensure the points each Committee raised are addressed in greater detail in the next EM.

"Finally, I would like to thank you and the European Scrutiny Committee for considering the Council Decision to establish EUFOR RCA with such urgency. We will be working to another tight timetable for CD2, on which I would be grateful for your continued understanding."

Conclusion

16.13 We look forward to receiving the further draft Council Decisions in good time for any questions that may continue to arise to be dealt with prior to adoption.

16.14 In the meantime, we thank the Minister for this helpful and comprehensive update, which is reassuring as far as it is possible to be at this juncture. However, we note that, according to the Wall Street Journal, of 25 February:

"The French Parliament voted Tuesday to indefinitely extend the country's military intervention in the Central African Republic despite concerns that France is becoming bogged down in the chaotic conflict between local vigilantes."

16.15 As the Wall Street Journal notes, under France's constitution, the President needs parliamentary backing to extend any military campaign beyond four months; thus, the paper says, he has a freer hand in conducting the military campaign and has already announced plans to boost French forces to 2,000 troops in the coming weeks. Prime Minister Jean-Marc Ayrault is quoted as telling lawmakers moments before the vote "Everyone here knows our work isn't done."[61]

16.16 The danger, of course, is that it never will be, or at least not anytime soon. We therefore look forward to a detailed assessment of the political and military situation in the Minister's next Explanatory Memorandum, and a clear exposition of how EUFOR RCA will then fit into the solution to whatever challenges, present and prospective, are then confronting the CAR authorities and the response thus far of France and the AU.

16.17 In the meantime, we are drawing this letter to the attention of the House because of the level of interest in the situation in the CAR and the EU, the international community and the Government's response to it.[62]


59   See headnote: HC 83-xxxi (2013-14), chapter 14 (5 February 2014). Back

60   The committee of ambassador-level officials from national delegations who, by virtue of article 38 TEU, under the authority of the High Representative for Foreign Affairs and Security Policy (HR) and the Council, monitor the international situation in areas covered by the CFSP and exercise political control and strategic direction of crisis management operations, as set out in article 43 TEU. The chair is nominated by the High Representative. Back

61   See http://online.wsj.com/news/articles/SB10001424052702304834704579405261927493246?mg=reno64-wsj&url=http%3A%2F%2Fonline.wsj.com%2Farticle%2FSB10001424052702304834704579405261927493246.html. Back

62   Now also see (35823) - at chapter 17, and (35829) - at chapter 4 of this Report. Back


 
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