Documents Considered by the Committee on 22 October 2014 - European Scrutiny Committee Contents


10 Integrated Border Management Assistance Mission in Libya (EUBAM Libya)

Committee's assessment Politically important
Committee's decisionCleared from scrutiny (decision reported on 14 May 2014); further information provided and requested
Document detailsCouncil Decision setting budget for second year of two-year mandate
Legal baseArticles 28, 42(4) and 43(2) TEU; unanimity
DepartmentForeign and Commonwealth Office
Document numbers(35995), —

Summary and Committee's conclusions

10.1 The European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) was established in May 2013, with a two-year mandate and a budget that (after this May's further Council Decision) amounts to €56.5 million. The aim is to support the Libyan authorities to develop capacity for enhancing the security of their borders in the short term and a broader Integrated Border Management (IBM) strategy in the longer term. Given the deterioration in the security situation and the collapse of effective national governance, it was decided in August to withdraw staff from Libya: the mission's core staff to Tunis and a small number co-located with the European External Action Service (EEAS) in Brussels.

10.2 The Minister for Europe (Mr David Lidington) now reports that, earlier this month, he agreed to support an EEAS proposal to downsize EUBAM Libya as soon as possible from a full Mission to a core team of 17-20 staff, working from Tunis, pending a second Strategic Review of EUBAM Libya:

    "This Review should assess all possible options, including closure, for the future of the mission and is due to take place before the end of the year. The core team will carry out very limited operational activities, including preparatory work for training courses and maintaining the contacts they had built with Libyan counterparts. According to the EEAS, running EUBAM Libya at this reduced state will save approximately €1m per month.

    "This initial decision to downsize reduces the immediate cost of the Mission, and initiates the formal Strategic Review process without any further delay. It also ensures that if the security situation in Libya improves in the short to medium term, EUBAM is sufficiently staffed and operationally ready to return quickly. Border Security remains a critical issue for Libyan and regional security engagement — and we should aim to continue to work on it where possible."

10.3 The Minister also notes that, up until their evacuation, EUBAM had made progress in several areas including work on a cross-agency Border Management Working Group, a strategy for Libyan customs, training Libyan border and search/rescue officials, the design for an integrated borders control network and on the regional aspect of its mandate.

10.4 Such work, the Minister says:

    "is all the more urgent given the wider concerns about IS and extremism in the surrounding region and Sahel."

10.5 However, little progress has been able to be made on the southern borders, including the proposal to provide alternative income opportunities for communities that had relied on smuggling, given the deterioration in the security situation.

10.6 With regard to the handling of the EEAS Review , the Minister says:

    "My officials will be involved in the Review from the early stages to ensure there is a thorough consideration of all the options, including cooperation with regional partners and, unusually, a meeting in London with the team preparing the Review. I have instructed officials to obtain an early sight of the strategic review which will consider the longer term future of the mission along with a robust FCO analysis and will of course write again in due course with the findings of this review."

10.7 As the Minister is aware, the Committee has been pressing for news of the first EEAS Review, to which he referred when submitting this Council Decision for scrutiny in mid-May, but about which he was then able to say nothing. At that time, the Committee observed that, in view of the security situation and the collapse of effective national governance, and thus the limited prospect of any sustainability for the mission, the question must arise as to whether the EU should cut its losses unless there was a dramatic change over the next 12 months. The latest EEAS proposal has overtaken what the Minister now reports was its original recommendation — that the mission be extended beyond next May for a further two years.

10.8 As of last weekend, the situation in Libya remains dire — the governments of France, Italy, Germany, the United Kingdom and the United States strongly condemning the ongoing violence, calling for an immediate cessation of hostilities, condemning the crimes of Ansar al-Sharia[37] entities, and the ongoing violence in communities across Libya, including Tripoli and its environs; noting that Libya's security challenges and the fight against terrorist organizations can only be sustainably addressed by regular armed forces under the control of a central authority which is accountable to a democratic and inclusive parliament; and strongly encouraging all partners to refrain from actions which might exacerbate current divisions in order to let Libyans address the current crisis within the framework of UN-facilitated talks.[38]

10.9 Though we must of course hope that the situation improves, it is hard to see it doing so dramatically between now and the year's end. It is thus more than ever appropriate that all options for the mission, including closure, are on the table, especially given the EU's experience with EUBAM Rafah (a similar EU mission on the border between Egypt and the Gaza Strip, which was likewise down-sized and has been on "standby" since 2007 because of the security situation).

10.10 We ask the Minister to update the Committee no later than Thursday 11 December.

10.11 In the meantime, we are drawing this further information to the attention of the House because of the level of interest in the situation in Libya and the efforts of the EU and the wider international community to help to restore order and good governance.

Full details of the documents: Draft Council Decision amending Council Decision 2013/233/CFSP on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya): 35995, —.

Background

10.12 Council Decision 2013/233/CFSP of May 2013 established this civilian CSDP Mission, the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya). The mission's mandate is for 24 months. It would consist of up to 165 people (at full operational capability). The aim is to support the Libyan authorities to develop capacity for enhancing the security of their borders in the short term and a broader Integrated Border Management (IBM) strategy in the longer term. The mission would: support Libyan authorities, through training and mentoring, in strengthening the border services in accordance with international standards and best practices; advise the Libyan authorities on the development of a Libyan national IBM strategy; and support the Libyan authorities in strengthening their institutional operational capabilities.

10.13 The budget for the first year of the mission was €30,300,000. This Council Decision set out a budget of €26,200,000 covering the period 22 May 2014 to 21 May 2015, i.e., the second year of EUBAM Libya's two-year mandate.

10.14 When the Committee considered the draft Council Decision on 14 May 2014, it noted that the latest Commons Library Standard Note on Libya of 11 April 2014 said that, since the end of the 2011 civil war, Libya had been awash with militia and state sponsored armed groups who: had originally helped overthrow Muammar Gaddafi; were now reluctant to disarm; and were intent on grabbing a share of power and the country's immense oil wealth. In the face of a weak and disparate government, these groups had taken the place of an effective army and police force, and also dispensed aid and humanitarian assistance to a beleaguered population. Six months earlier, the Cyrenaica region, in eastern Libya, had announced a new federalist government, citing central government's inability to control the huge levels of violence and claims of corruption; and in March 2014 the General National Congress (GNC: the Libyan parliament), critical of the worsening crisis in the country — caused by rebel militias and other armed gangs who had established control over much of the east of Libya, including the oil and gas facilities and exporting ports — voted to remove the Prime Minister, Ali Zeidan, from office and to hold new elections in July 2014.[39]

10.15 The wider background underlined the importance of an EEAS Strategic Review of the Mission, about which the Minister said he was unable to provide any information because, despite pressing it to do so, the EEAS had yet to release it.

10.16 We concluded that, given that the mission was already to cost over €50 million, with little prospect of any sustainability, the question must arise as to whether the EU should cut its losses unless there was a dramatic change over the next 12 months. We found it especially galling that, not for the first time, the EEAS appeared to believe that this process belonged to itself, and not the Member States who pay for it. The Minister said that he would write about the Strategic Review as soon as possible. At that time, the Committee asked to hear about progress, if any, on the related "development" issues cited by the Minister a year ago (c.f. our previous Report), i.e., projects that offered economic development to the communities on Libya's borders; and discussions then underway with international partners (including the UN and US) on plans, and funding, for development work to provide alternative income sources for those individuals and communities that had traditionally relied upon the revenue from smuggling routes.[40]

The Minister's letter of 28 August 2014

10.17 The Minister reported that EUBAM Libya had decided on 4 August to withdraw staff from Libya due to the security situation: the core staff had temporarily relocated to Tunis and a small number were temporarily co-located with the European External Action Service (EEAS) in Brussels. This, he said, was against a background in which fighting had escalated over the past few months, particularly in Tripoli and Benghazi, which had closed the main international airport in Tripoli and led to the majority of the diplomatic community, including the UK, closing their Embassies and withdrawing staff. The political situation remained equally uncertain: after "relatively peaceful elections" on 25 June, a new House of Representatives had been sitting in Tobruk, due to the security situation in Tripoli: but not all members had taken up their seats, and some members of the expired General National Congress had convened sessions in Tripoli, declaring it as the sole legislative authority.

10.18 In its response, the Committee reminded the Minister of the outstanding request in its previous Report.

The Minister's letter of 3 October 2014

10.19 The Minister says that the Strategic Review came out at the end of May, and had recommended that the mission be extended for two years, to continue the successful work the mission had been doing on maritime borders and airport security, while strengthening activities on the land borders:

    "The new mandate was to have a good mix of strategic and operational activity, providing advice to Ministries on reforms and operational training activities. Agreement of the Strategic review was held up in Brussels by a Member State proposal to increase work on the Tunisian border with Libya from the Tunisian side where security conditions are easier. However, discussions on this proposal were then overtaken by events in Libya."

10.20 The Minister then recalls his earlier letter about the deterioration of the political and security situation in Libya forced EUBAM to evacuate temporarily from Tripoli, and continues as follows:

    "Although there has been some improvement in the general situation, in particular the holding of UN sponsored peace talks on 29th September, it seems possible that EUBAM may be unable to return to Libya in the immediate future. I therefore agreed earlier this month that we should support an EEAS proposal in Brussels to downsize EUBAM Libya as soon as possible from a full Mission to a core team of 17-20 staff, working from Tunis, pending a second Strategic Review of EUBAM Libya. This Review should assess all possible options, including closure, for the future of the mission and is due to take place before the end of the year. The core team will carry out very limited operational activities, including preparatory work for training courses and maintaining the contacts they had built with Libyan counterparts. According to the EEAS, running EUBAM Libya at this reduced state will save approximately €1m per month.

    "This initial decision to downsize reduces the immediate cost of the Mission, and initiates the formal Strategic Review process without any further delay. It also ensures that if the security situation in Libya improves in the short to medium term, EUBAM is sufficiently staffed and operationally ready to return quickly. Border Security remains a critical issue for Libyan and regional security engagement — and we should aim to continue to work on it where possible."

10.21 With regard to the mission's work prior to their evacuation from Libya, and proposed projects on the southern border to provide alternatives to smuggling, the Minister says:

    "Up until their evacuation from Libya, EUBAM had made progress in a several areas including work on a cross-agency Border Management Working Group, a strategy for Libyan customs, training Libyan border and search/rescue officials, and the design for an integrated borders control network (BISON). The mission also made progress on the regional aspect of its mandate, shaping Libyan policy on regional issues at the Rabat Conference on regional border security in November 2013 and was developing ideas, within its mandate, on involving neighbouring countries by offering participation in workshops and seminars. Such work is all the more urgent given the wider concerns about IS and extremism in the surrounding region and Sahel. However, little progress was able to be made on the southern borders, including the proposal to provide alternative income opportunities for communities that had relied on smuggling, given the deterioration in the security situation."

10.22 Finally, looking ahead to the handling of this further review, the Minister says:

    "My officials will be involved in the Review from the early stages to ensure there is a thorough consideration of all the options, including cooperation with regional partners and, unusually, a meeting in London with the team preparing the Review. I have instructed officials to obtain an early sight of the strategic review which will consider the longer term future of the mission along with a robust FCO analysis and will of course write again in due course with the findings of this review."

Previous Committee Reports:

Fiftieth Report HC 83-xlv (2013-14), chapter 14 (14 May 2014); also see (34875), —: Third Report HC 83-iii (2013-14), chapter 25 (21 May 2013) and First Report HC 83-i (2013-14), chapter 10 (8 May 2013).


37   An Islamist militia group that advocates the implementation of strict Sharia law across Libya: it came into being during the Libyan Civil War; is led by its "Emir", Mohamed al-Zahawi; has deliberately targeted both Libyan and American civilians; and has been designated by the US Department of State as a terrorist organisation. Back

38   See the Annex to this chapter of our Report for the full text of the Joint Statement of 18 October 2014 on Libya by the Governments of France, Italy, Germany, the United Kingdom, and the United States. Back

39   The Commons Library Standard Note on Libya of 11 April 2014 is available at http://www.parliament.uk/briefing-papers/SN06864/libya. Back

40   See Fiftieth Report HC 83-xlv (2013-14), chapter 14 (14 May 2014). For the full background to, and the Committee's consideration of, the establishment of this mission, see (34875), -: Third Report HC 83-iii (2013-14), chapter 25 (21 May 2013) and First Report HC 83-i (2013-14), chapter 10 (8 May 2013). Back


 
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Prepared 3 November 2014