Documents considered by the Committee on 3 December 2014 - European Scrutiny Committee Contents


7 EU Action to support Afghan civilian policing and Rule of Law post-2014

Committee's assessment Politically important
Committee's decisionCleared from scrutiny (decision reported on 5 November 2014); further information provided; drawn to the attention of the Foreign Affairs Committee
Document detailsCommission Staff Working Document on EU support in strengthening civilian policing and Rule of Law post-2014
Legal base
DepartmentForeign and Commonwealth Office
Document numbers(35190), 11109/13, SWD(13) 220

Summary and Committee's conclusions

7.1 EUPOL Afghanistan was established on 30 May 2007. Its job is to:

—  assist the Government of Afghanistan in implementing coherently its own strategy towards sustainable and effective civilian policing arrangements;

—  work towards a joint international community police reform strategy by enhancing cooperation with key partners in police reform and training, including the US, the NATO-led mission ISAF and other contributors; and

—  support linkages between the police and the wider rule of law.

7.2 In the first period, it suffered from poor leadership: but it was always backed by Member States as being an essential complement to the recruit-level training being led by the US.

7.3 The most recent Council Decision (which the Committee cleared on 21 May 2013) extended EUPOL Afghanistan's mandate and set a new €108 million budget covering the period from 1 June 2013 until 31 December 2014.

7.4 With the wider withdrawal of ISAF forces in 2014 in mind, Member States commissioned a European External Action Service (EEAS) strategic review (SR). We hoped that, finally, it would provide some evidence of effectiveness, rather than activity analysis — especially as, by the end of 2014, the mission would have cost over €220 million. Analysis of another similar, lengthy and costly mission, EULEX Kosovo, had found that it had been effective only in a limited part of its mandate: the message was clear — notwithstanding the political considerations that tended towards the quickest possible establishment of each new mission, they needed to be: given clear, measurable objectives and a time limit; benchmarked; rigorously assessed along the way; and wound up if those objectives were, for whatever reason, not being met effectively and the mission was not providing value for money.

7.5 Thanks in no small measure to the stamina and persistence of UK Ministers and officials, EUPOL Afghanistan had finally been brought to the point where, at least in theory, it was to be subjected to at least some of these key elements. If not now, then certainly by mid-2014, we needed to see detailed evidence of its effectiveness, so that the lessons could be identified and then applied to other such CSDP missions in similarly challenging circumstances (see our most recent Report for full details).[32]

7.6 In our most recent Report, with the prospective extension of EUPOL Afghanistan's mandate until the end of 2016 in mind, we posed a number of questions concerning the outcome of the SR; what sustainable outcomes the SR and the CIVCOM[33] concluded the mission had achieved thus far; what sort of budget was in mind for the next two years; what clear, measurable and deliverable objectives and timelines would be set down; and whether and how the next mandate would be benchmarked and assessed along the way. And, with the overall EU Strategy on Afghanistan 2014-16 in mind, how the next EUPOL mandate would relate to other relevant work, bilateral or multi-lateral, in the area of "good governance" and human rights.

7.7 We are grateful to the Minister for his speedy response, which addresses our queries comprehensively (see paragraph 7.17 below for details). They play into the Council Decision on the final two years of this mission's mandate, which we consider elsewhere in this Report.

7.8 We are drawing both these developments and the chapter of our Report on that Council Decision to the attention of the Foreign Affairs Committee.[34]

Full details of the document: Commission Staff Working Document: Comprehensive EU Action to support Afghan efforts in strengthening civilian policing and Rule of Law post-2014: (35190), 11109/13, SWD(13) 220.

Background

7.9 Discussion in January this year with the Minister for Europe (Mr David Lidington) revealed that this Commission Staff Working Document was likely to be replaced with the findings and recommendations that emerged from the Strategic Review of EUPOL Afghanistan. The Council would also be seeking to define the EU's wider strategic engagement with Afghanistan post-2014. In the meantime, little progress had been made in reaching agreement with the Government of Afghanistan on the proposed Co-operation Agreement on Partnership and Development (CAPD) between the EU and Afghanistan. The Committee therefore asked for a further update later in the year, and retained this Commission Staff Working Document under scrutiny.

7.10 In May, the Minister explained that, at the 20 January 2014 FAC discussion on Afghanistan, the Foreign Secretary took the opportunity to remind the Council about the importance of the EU continuing to engage in Afghanistan post 2014 and the need to have clear priorities and realistic deliverables for any future strategy. The Council invited the High Representative and the Commission to present a proposal for a strategy by the end of 2016, to encompass a comprehensive approach, the commitments identified in the Tokyo Mutual Accountability Framework,[35] and the CAPD (as currently drafted). The Council agreed that the strategy should be ready for endorsement later this year.

7.11 In relation to the CAPD, Afghanistan had recently held elections and a political transition was now underway; any final agreement on the CAPD would need to be finalised with a new Government, hopefully towards the end of year; he would deposit the draft Council Decisions to sign and conclude the CAPD for parliamentary scrutiny in the normal way, when drafts became available.

7.12 With regard to the Strategic Review into EUPOL Afghanistan, the Minister said that the draft was approved by the PSC in March. It concluded that progress had been made by Afghan authorities in those areas where EUPOL provides support, but recognised that the Mission's six strategic objectives will not have been fully achieved by the end of 2014; that it would be premature to assess that there would be sufficient local Afghan capacity to continue self-sustaining progress towards building and maintaining a civilian police service at the end of 2014; that the desired end state of the mission will not have been met; and therefore that EUPOL Afghanistan should continue to support Afghan authorities in the further development of effective civilian policing and rule of law arrangements beyond 2014, in order to ensure further progress and to safeguard progress already made. Operational planning in all three operational pillars — advancing institutional reform in the Ministry of Interior, professionalisation of Afghan National Police and connecting the police to the justice sector — should continue until the end of 2015. The Mission, in its final year, should also focus on supporting institutional reform of the Ministry of Interior and on professionalisation of the ANP.

7.13 The Minister also said that further work on transition was now underway, with a view to presenting to EU Member States which activity was working and should be continued, which could be transitioned and which should cease later in the year. UK officials would continue to evaluate the impact of EUPOL to ensure that the mandate remained flexible and appropriate for the operating environment, whilst maintaining value for money; they would also assess the spend of the budget allocated to the mission when each six-monthly report on mission performance is issued, as well as undertaking a more detailed examination specifically on the budget at the 12 month point.

7.14 We held back on considering the Minister's May letter, pending the outcome of the Afghan presidential elections and further information on the wider EU strategy on Afghanistan 2014-16 (which we dealt with in a recent Report).[36]

7.15 In welcoming the outcome of those elections and the formation of a Government of National Unity on 29 September, the October 2014 Foreign Affairs Council also restated "its commitment to the extension of the EU police mission in Afghanistan (EUPOL) until the end of 2016". We were expecting a further Council Decision and Explanatory Memorandum before the end of the year.

7.16 But we first asked the Minister to clarify the situation around the outcome of the SR, what sustainable outcomes the mission had achieved thus far; what sort of budget was in mind for the next two years; what clear, measurable and deliverable objectives and timelines would be set down; whether and how the next mandate would be benchmarked and assessed along the way; and, with the overall EU Strategy on Afghanistan 2014-16 in mind, how the next EUPOL mandate would relate to other relevant work, bilateral or multi-lateral, in the area of "good governance" and human rights.

7.17 In the meantime, there no longer being any point in retaining the Commission Staff Working Document under scrutiny, since it had been overtaken by events, we cleared it from scrutiny.[37]

The Minister's letter of 21 November 2014

7.18 The Minister responds as follows:

THE OUTCOME OF THE SR INTO EUPOL AFGHANISTAN

    "The SR assessed that progress had been made in all areas of EUPOL Afghanistan's mandate, but recognised that the Mission's six strategic objectives would not be fully achieved by the end of 2014. In addition, it was acknowledged that Afghan capacity would not be sufficient to continue self-sustaining progress towards a capable and functioning police service by December 2014 and assessed non-EU actors, such as NATO and the UN, would not take on EUPOL Afghanistan activity. Member States agreed that EUPOL Afghanistan should therefore extend its mandate to support Afghan authorities in the further development of an effective civilian police force. We assess that EUPOL provides an effective means of delivering engagement on policing post-2014, augmenting our own efforts to build sustainable rule of law institutions that the Afghans can lead in the long term.

    "Member States agreed that a two year mandate extension was a sufficient period to support Afghan authorities in areas where progress was lacking, allowing the mission to transition activity to the Afghans in a timely and practicable manner.

    "Based on the evidence presented in the SR, Member States agreed that the mandate extension should continue EUPOL Afghanistan's current structure of three broad lines of activity (advancing institutional reform in the Ministry of Interior, professionalisation of Afghan National Police (ANP) and connecting the police to the justice sector), within which support could be prioritised as necessary. Member States agreed on the continuation of all three strands of activity for the first year, with the third pillar (connecting the police to the justice sector) discontinued at the end of 2015. In its final year the mission will continue to support Ministry of Interior (MOI) reform and police professionalisation, with all activity transitioned to the Afghans or other multilateral actors by the mission end date of 31 December 2016.

    "The focus of the new mandate will be narrowed in terms of size and scope. Mentoring will take place only at the highest strategic level, activity will be prioritised, and the geographical layout of the mission reduced, resulting in reductions in staffing and a reduced mission budget.

    "The SR identified a number of sustainable outcomes in most areas of mission activity. Under the first operational pillar, advancing institutional reform in the Ministry of Interior, the SR highlights the improved institutional capacity of the MoI, largely due to the delivery of substantial leadership and management training, including in the Police Staff College. Specific reference is made to progress in professionalism, leadership and management skills, as well as embedding of command and control mechanisms. Improvements in the Ministries' capacity to draft operational policies and strategies are acknowledged, as evidenced by the development of a number of Afghan operational policies, such as the ANP Code of Conduct and the 10 Year Vision for the ANP.

    "Under the second operational pillar, professionalisation of ANP, sustainable outcomes focus on the construction and development of ANP training infrastructure and the Afghans increased capacity to deliver training. The Police Staff College (PSC) and the Crime Management College (CMC) were established by EUPOL Afghanistan, with Afghan officers trained to take over the running of both training facilities. The Colleges were successfully transferred to Afghan ownership in February and March 2014. In addition, the SR references the establishment of a number of EUPOL Afghanistan trained and mentored Community Policing Units in Kabul and seven provinces, demonstrating progress in the MOI's commitment to community policing.

    "Under the third operational pillar, connecting the police to the justice sector, the SR outlines the increased capacity of the Ministry of Justice (MoJ) and the Attorney General's Office (AGO). MoJ and AGO are increasingly able to draft policies and strategies, as demonstrated by the drafting of the five year strategies for the MoJ and the AGO.

    "The budget for the period 1 January 2015 to 31 December 2016 is still being negotiated in Brussels. Proposed expenditure is €58,000,000. This would represent a reduction of approximately 39% on the current budget covering the period 1 June 2013 to 31 December 2014. I will include a detailed analysis of the budget in my forthcoming explanatory memorandum on the mandate renewal, which I hope to issue within the next two weeks.

BENCHMARKING AND MEASURING PROGRESS

    "EUPOL Afghanistan will apply a structured process to report and inform on the mission's performance and progress in implementing the mandate. The next mandate will be benchmarked against the objectives, timeframes and measurable indicators identified within the OPLAN. This contains a clear outline of the phases and timescales for activities in the run-up to the end of 2016, assessing progress of the three lines of operation and the transition of the mission's activity.

    "Benchmarking will help measure progress and outcomes by comparing the situation (an initial baseline) for a range of activities, against their evolution at given points using pre-defined indicators and means of verification. Information on progress will then be used to facilitate tactical, operational and strategic policy adjustments, as required.

    "The UK will continue to have the opportunity to evaluate the impact of EUPOL through the six-monthly reports issued by the Head of Mission which evaluate the mission against its specific objectives. These six month reports are discussed in Civilian Aspects of Crisis Management Committee and the Political & Security Committee and provide all Member States with the opportunity to critique the mission at regular intervals and inform budget and mandate discussions, ensuring that the mission is delivering value for money."

HOW EUPOL'S WORK IN THE AREAS OF "GOOD GOVERNANCE" AND HUMAN RIGHTS WILL RELATE TO THE OVERALL EU STRATEGY ON AFGHANISTAN 2014-2016

    "The EU is pursuing a comprehensive approach in its support to Afghanistan, with the respective mandates of the EU instruments aligned to achieve this overarching EU Strategy. The extended mandate will deliver human rights and anti-corruption activity through a combination of both mainstreaming and specific measures. A dedicated human rights and gender advisory capacity at the level of the Head of Mission will provide strategic advice on mainstreaming gender throughout the mission's activities. In addition, the mission will address anti-corruption, gender and human rights in each of its three lines of operations, with work at the operational and tactical level. It is intended that EUPOL Afghanistan's niche activity in this area will be aligned and will reinforce the overall EU approach as outlined in the EU Strategy on Afghanistan 2014-2016; advancement of human rights, linking the components of the justice sector, tackling human rights abuses and strengthening freedom of expression."

7.19 The Minister concludes by noting that he will:

—  shortly deposit the Council Decision extending EUPOL Afghanistan's mandate and budget, and provide further detail in the related Explanatory Memorandum; and

—  write in due course to update the Committee following the London Conference and the National Security Council's consideration of the UK's specific post-2014 military commitment, as requested in the Committee's latest report on the EU Strategy in Afghanistan 2014-16.[38]

Previous Committee Reports

Eighteenth Report HC 219-xvii (2014-15), chapter 8 (5 November 2014), Thirtieth Report HC 83-xxvii (2013-14), chapter 4 (15 January 2014) and Seventeenth Report HC 83-xvi (2013-14), chapter 9 (9 October 2013); also see (34908), —: Third Report HC 83-iii (2013-14), chapter 26 (21 May 2013); and (34057), —: Twentieth Report HC 86-xx (2012-13), chapter 19 (21 November 2012) and Eighth Report HC 86-viii (2012-13), chapter 16 (11 July 2012).


32   Eighteenth Report HC 219-xvii (2014-15), chapter 8 (5 November 2014). Back

33   The Political and Security Committee (PSC) meets at the ambassadorial level as a preparatory body for the Council of the EU. Its main functions are keeping track of the international situation, and helping to define policies within the Common Foreign and Security Policy (CFSP) including the CSDP. It prepares a coherent EU response to a crisis and exercises its political control and strategic direction. The PSC is chaired by a representative of the High Representative. In parallel with the European Union Military Committee (EUMC: the highest military body set up within the Council, which provides the PSC with advice and recommendations on all military matters within the EU), the PSC is advised by a Committee for Civilian Aspects of Crisis Management (CIVCOM). This committee provides information, drafts recommendations, and gives its opinion to the PSC on civilian aspects of crisis management. Back

34   See (36514) - at chapter 10 of this Report. Back

35   The 2011 Bonn Conference outlined a long-term partnership between Afghanistan and the International Community to help Afghanistan attain sustainable economic growth and development and fiscal self-reliance from Transition through the Transformation Decade. Afghanistan and the International Community accordingly established the Tokyo Mutual Accountability Framework (a.k.a. the 'Tokyo Framework'), which underpinned their partnership for the Transformation Decade.The Tokyo Mutual Accountability Framework (TMAF) agreed in May 2012, establishes the mutual commitments of the Government of Afghanistan and the international community to help Afghanistan achieve its development and governance goals. Back

36   See Joint Communication Elements for an EU Strategy in Afghanistan 2014-16: (35996), 9467/14 at Eighteenth Report HC 219-xvii (2014-15), chapter 8 (5 November 2014). Back

37   Eighteenth Report HC 219-xvii (2014-15), chapter 8 (5 November 2014). Back

38   See (35996), 9467/14 at Eighteenth Report HC 219-xvii (2014-15), chapter 5 (5 November 2014). Back


 
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Prepared 17 December 2014