Documents considered by the Committee on 21 July 2015 - European Scrutiny Contents


26 Enabling partners to prevent and manage crises

Committee's assessment Politically important
Committee's decisionNot cleared; further information awaited
Document detailsJoint Communication on capacity building in support of security and development
Legal base
DepartmentForeign and Commonwealth Office
Document numbers(36825), 8504/15, JOIN(15) 17

Summary and Committee's conclusions

26.1 The starting point of this Commission/EEAS[ 244] Joint Communication is that violent conflict and poor governance — fuelled by new threats such as terrorism and organised crime — are continuing, crucial developmental challenges. Coordinated external action that makes use of the EU's diplomatic, security, development and humanitarian tools is thus essential to restore confidence and ensure that partner countries' institutions are equipped to meet the challenges.

26.2 The link between security and development is a key underlying principle of the EU's "Comprehensive Approach" to external conflicts and crises, and complementary to the internal security policies, maritime security and others.[ 245] However, the EU's "Comprehensive Approach" needs to be strengthened to cover gaps in the current EU response.

26.3 The objectives of EU capacity building in security and development (previously known as "Train and Equip") are two-fold:

—  to build the capacity of third countries to prevent crises starting; and

—  to develop their capability to manage crises once they have occurred.

26.4 The Joint Communication reviews existing EU policies currently contributing to security and development work and the challenges, including in pilot test cases conducted in Africa; identifies shortcomings and remedies — improving information-sharing and other forms of cooperation between the relevant Commission and EEAS services, and with international partners; new mechanisms such as an EU-wide strategic framework for Security Sector Reform — and proposes a review of the effectiveness of current financial instruments and consideration of a new, dedicated financial instrument (see "Background" below for full details).

26.5 This Joint Communication has been developed in response to a "tasking" from the December 2013 European Council to find ways to support partner countries in improving their ability to manage crises.

26.6 The initiative will create a formal mechanism for the EU to assess third country security and development needs, to provide necessary training, and donate appropriate (i.e., non-lethal) equipment to meet capability gaps.

26.7 The Joint Communication is not subject to formal adoption by the European Council. However, the 18 May Foreign Affairs Council agreed Conclusions that "invite the EEAS and the Commission services to carry out further work in view of the Foreign Affairs Council in October/November", and the 25-26 June "Defence" European Council is thus expected to task the EEAS, Commission and Member States to develop the initiative further.

26.8 The Minister for Europe (Mr David Lidington) says that he:

—  regards this initiative as a tangible means for implementing the EU's "Comprehensive Approach" principles of early planning; efficiency through working with partners; and aspiring to ensure long-term sustainability following EU crisis intervention, and as meeting the capacity building objectives identified in HMG's Building Stability Overseas Strategy;[ 246]

—  has made clear that the Government would not accept any new permanent structures or head count;

—  successfully opposed any notion concerning the donation of lethal equipment under this new initiative; this must remain a bilateral responsibility;

—  on financing, accepts exploration of adapting the African Peace Facility (APF)[ 247] in the short term but on the condition that this is without detriment to existing EU supported peace-keeping operations, but also supports the "Instrument contributing to Stability and Peace" (IcSP[ 248]) being considered as part of the broader exploration of financing options and, over the longer term, further work to explore the creation of a new dedicated instrument, whilst making clear that contributions from Member States should be on a voluntary basis;

—  has made it clear that the UK will not accept the expansion of Common Funding[ 249] to fund EU capacity building, and that the EEAS and Commission need to assign appropriate existing resources to implement this initiative;

—  supports a flexible geographical focus for EU capacity building but prefers it to focus on existing CSDP activity e.g. in Somalia, and UK priority areas going forward;

—  wants this initiative, when fully implemented, to ensure that the skills and expertise transferred to third countries are not used in a way that adversely affects UK or EU human rights priorities;

—  would like to adopt a tool for assessing the human rights risks of the EU overseas security and justice assistance work and identifying measures to mitigate such risks;

—  in terms of long term sustainability, will ensure the concept delivers genuine capacity development across different third state sectors, which goes beyond training and equipping foreign security forces;

—  will also ensure that any proposed actions following the June European Council relating to implementation, maximise efficiencies and take full account of existing resources.

26.9 This initiative seems to be well-conceived thus far. The Minister has outlined some proper resource constraints (no new institutions, no net additional head count, non-use of Common Funding, no support for lethal weapons, maximising efficiencies and taking full account of existing resources), which we endorse.

26.10 There is, though, clearly much more work to be done. We look forward to hearing more from the Minister in the light of the June "Defence" European Council on the details of this further "tasking".

26.11 We would be also grateful if he would now outline what he envisages in the prospective EU-wide strategic framework for Security Sector Reform (especially given the interest that previous Committees have taken in the programmes/missions/operations in Bosnia and Herzegovina, the Democratic Republic of Congo and Afghanistan that are apparently to be used for "lessons learned" purposes) and clarify whether or not this is to be in a form that will be subject to normal parliamentary scrutiny.

26.12 In the meantime, we shall retain the Joint Communication under scrutiny.

Full details of the documents: (36825), 8505/15, JOIN(15) 17: Joint Communication: Capacity building in support of security and development — Enabling partners to prevent and manage crises.

Background

26.13 In what it styles "The security-development nexus in EU policies", the Joint Communication describes the EU's external action objectives, as stated in the Treaties, as inter alia, "to preserve peace, prevent conflicts and strengthen international security […]" and also "to foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty".[ 250]

26.14 Though the primary objective is "the reduction and, in the long term, the eradication of poverty",[ 251] the EU's development policy also addresses sustainable development, inequalities, social injustice and human rights violations.

26.15 The EU's Common Foreign and Security Policy (CFSP), including the Common Foreign and Security and Defence Policy (CSDP), provides the EU with operational implementation capacities. The EU may use CSDP assets on missions outside its territory for peacekeeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter. The need for mutually reinforcing interventions in the areas of security and development is clear. The EU has consistently underlined that "security is a precondition for development" and that "without development and poverty eradication there will be no sustainable peace". Creating and fostering the political, social and economic conditions for stability is essential for a country's security and a prerequisite for its development. This security-development nexus "is central to maximising the effectiveness of the EU's external action".

26.16 Events in Africa, in Europe's neighbourhood and beyond point to a dramatic and deteriorating global security situation, with more than 1.5 billion people living in fragile and conflict affected regions worldwide. Countries in fragile situations have not reached the Millennium Development Goals (MDGs), making violent conflict and poor governance continuing crucial developmental challenges. Fragility and violence have also been fuelled by new threats such as terrorism and organised crime.

26.17 Coordinated external action that makes use of the EU's diplomatic, security, development and humanitarian tools is thus essential to restore confidence and ensure that partner countries' institutions are equipped to meet the challenges. The link between security and development is a key underlying principle of the EU's "Comprehensive Approach" to external conflicts and crises,[ 252] and complementary to the internal security policies, maritime security and others. However, the EU's "Comprehensive Approach" needs to be strengthened to cover gaps in the current EU response. A number of significant political frameworks are relevant to both security and development, some of which are under review: the European Neighbourhood Policy, the post-MDG development framework, the Strategic Review on Foreign Policy, the EU Maritime Security Strategy and the European Agenda on Security.

26.18 On the basis of the December 2013 European Council conclusions[ 253] and the April 2014 EU-African Union (AU) Summit Declaration,[ 254] this Joint Communication identifies shortcomings and proposes remedial measures. While it addresses the issue of equipment to support partner countries' security capacity building, it does not address the provision of lethal weapons: "The EU will not provide such equipment".

The Joint Communication

26.19 Reviewing the current situation, the Commission/EEAS notes that several of the 34 CSDP missions and operations conducted so far have already been engaged in civilian and military capacity-building, e.g., the EU military advisory mission in the Central African Republic (EUMAM RCA), which is assisting the national military to move towards the goal of becoming modernised, effective and accountable armed forces; and the EU's civilian CSDP mission in Mali (EUCAP Sahel Mali), which supports the restructuring of the Malian domestic security forces (i.e. the police, the gendarmerie, and the garde nationale).

26.20 As well as sharing the common costs among Member States,[ 255] such peace and security actions are currently financed by:

—  the IcSP and its precursor, the Instrument for Stability;

—  the European Development Fund (EDF), which has channelled €1.2 billion since 2003 to the APF, covering, inter alia, operational costs for African peacekeeping operations (excluding salaries), training and exercises, command, control and communication systems, or fact-finding missions and, since 2007, around €800 million to the AU Mission in Somalia (AMISOM).

26.21 Two pilot cases are examined:

—  the EU Training Mission in Mali (EUTM Mali), which was established to help to train Malian soldiers, enabling them to form an effective and democratically accountable national armed force that can help stabilise the country;

—  EUTM Somalia, which was launched in April 2010 to support and develop the Somali security sector by strengthening the Somalia Armed Forces through the provision of targeted military training

26.22 Initial findings indicate training and equipment needs as well as a requirement for improved coordination, both at operational and strategic level.

26.23 The Commission/EEAS then examine ways of improving the delivery of capacity-building in support of security and development. The constraints on existing financial instruments are outlined, and the conclusion reached that, while financing security capacity building, including that of the military, is possible under the APF, it is subject to a number of other limitations that may prevent its effective in addressing all situations with which the EU is confronted. Nonetheless, more could be achieved within the existing framework through the application of a more coherent and a more coordinated approach.

26.24 EU support to security sector capacity building needs to be underpinned by EU external action principles. These include:

—  ownership by the partner country and alignment to the partner's long-term development strategies;

—  respect for human rights and adherence to international humanitarian law; and

—  coherence with other EU actions as part of a broader EU comprehensive approach to external conflict and crises..

26.25 In addition, the Commission/EEAS say that it is "important to use context analysis to prevent offer-driven capacity building support, develop a risk management methodology and ensure broad support from the international community and coordination with other actors on the ground". A number of practical measures are suggested:

—  enhance information-sharing of ongoing and planned capacity building support activities in the broader crisis prevention management areas (including support to justice and security sectors) conducted through the bilateral cooperation of Member States, the EU development and technical cooperation instruments and CSDP activities;

—  extend information-sharing to the EU's multilateral partners (including the UN, NATO and OSCE) and other third countries and strategic partners;

—  draw on the introduction of the Political Framework for Crisis Approach process[ 256] to intensify the ties between services handling development cooperation and security policy matters; make better use of development cooperation expertise, and vice-versa, including between the work of the instrument-specific management committees and the work of the CSDP Council working parties;

—   organise more regular and systematic interaction between EU delegations and the CSDP mission and/or operations at partner country level.

26.26 To support and implement these commitments, the Commission and EEAS propose that they should further develop the following initiatives:

—  an EU-wide strategic framework for Security Sector Reform, shared by CSDP and development cooperation policy and drawing on lessons learnt in programmes/missions/operations in Bosnia and Herzegovina, the Democratic Republic of Congo and Afghanistan in terms of the transition from CSDP to other instruments;

—  a shared evaluation, monitoring and results framework, irrespective of the policy framework under which they are conducted;

—  a dedicated risk management methodology.

26.27 Summing up, the Commission and the High Representative say that they:

"are committed to implementing the measures on coordination and coherence of existing instruments outlined in this Joint Communication. Under the comprehensive approach to external conflicts and crises, this will be fully effective only if matched by corresponding efforts with and among Member States on their own instruments at strategic and operational levels. A "unity of effort" is required so as to ensure the EU's collective ability to engage at the right time and with the appropriate mechanisms and resources for a specific context in a partner country or with a regional organisation".

26.28 Against this background, the Commission and HR propose that the practical feasibility of the three following actions should be considered:

—  adapting the African Peace Facility to address its limitations;

—  establishing a facility linking peace, security and development in the framework of one or more existing instruments;

—  a dedicated financial instrument;

—  extending the Athena mechanism to include capacity building in partner countries.

The Government's view

26.29 In his Explanatory Memorandum of 5 June 2015, the Minister for Europe (Mr David Lidington) comments as follows:

"We assess that this initiative could potentially increase the effectiveness of EU crisis intervention. It also provides a tangible means for implementing the EU's 'Comprehensive Approach' principles of early planning; efficiency through working with partners; and aspiring to ensure long-term sustainability following EU crisis intervention. More broadly the initiative also meets the capacity building objectives identified in HMG's Building Stability Overseas Strategy.

"Whilst we have broadly supported the initiative, we have robustly safeguarded our usual caveats on Common Security and Defence Policy (CSDP). We have made clear that we would not accept any new permanent structures or head count within the institutions to make this initiative work. We have also made clear that we do not support the donation of lethal equipment under this new initiative and we successfully argued that such donations must remain a bilateral responsibility.

"The FAC conclusions invite the EEAS and Commission to explore: financing options including an adaptation of the current African Peace Facility (APF); the establishment of a facility linking peace, security and development under an existing instrument; and the creation of a dedicated instrument. We accept exploration of an adaptation to the APF as a means to fund 'Train and Equip' in the short term but on the condition that this is without detriment to existing EU supported peace keeping operations. The 'Instrument contributing to Stability and Peace' (IcSP) has also been suggested as an option but it is not explicitly stated in FAC Conclusions or the Joint Communication 'Way Forward'. We support the IcSP being considered as part of the broader exploration of financing options work.

"As the concept is further operationalised, we will lobby the EEAS to ensure that practical feasibility of this initiative includes a clear understanding and implementation of the Official Development Assistance rules and includes an impact assessment which considers the potential political, reputational and budgetary consequences. Long-term the EEAS and Commission want to use the mid-term review of the multiannual financial framework 2014-2020 to create a financial instrument for EU capacity building. We have supported work to explore further the creation of such a new dedicated instrument whilst making clear that contributions from Member States should be on a voluntary basis.

"We have made clear that the UK will not accept the expansion of Common Funding to fund EU capacity building. The guiding principle of funding for CSDP operations is that 'costs lie where they fall'. Member States pay for the majority of costs they incur. However some costs that cannot be directly attributed to a Member State are regarded as "common costs" and shared out amongst Member States. The ATHENA mechanism manages the administration of common costs and is established through a Council Decision that is reviewed every three years, the last concluding in April 2015. We made clear in negotiations that the UK could support ATHENA's use in managing funds provided from elsewhere, be it through another instrument, Member State or third nation, but we could not support use of Common Funding for capacity building equipment donations.

"We support the creation of a new facility to improve coordination on EU capacity building across EU institutions, but without additional headcount or permanent structures. The EEAS and Commission need to assign appropriate existing resources to implement this initiative. In terms of scope and methodology we support a flexible geographical focus for EU capacity building but we would prefer it to focus on existing CSDP activity e.g. in Somalia. Pilot studies were conducted in Mali and Somalia and we should push for continued focus in UK priority areas going forward. When fully implemented we want to ensure that the skills and expertise transferred to third countries are not used in a way that adversely affects UK or EU human rights priorities. We would like the EU to adopt a tool for assessing the human rights risks of the EU overseas security and justice assistance work and identifying measures to mitigate such risks. In terms of long term sustainability we want to ensure the concept delivers genuine capacity development across different third state sectors, which goes beyond training and equipping foreign security forces.

26.30 With regard to the Financial Implications, the Minister says:

"There will be financial implications for the EEAS, European Commission and Member States once proposals for finance mature. We will ensure that any proposed actions following the June European Council relating to implementation maximise efficiencies and takes full account of existing resources".

Previous Committee Reports

None, but see Joint Communication: The EU's comprehensive approach to external conflict and crises: (35696), 17859/13, JOIN(13) 30; Twenty-ninth Report HC 219-xxviii (2014-15), chapter 12 (14 January 2015) and the earlier Reports referred to therein.


244   European External Action Service. Back

245   For a full discussion of the EU's approach, see Nicoletta Palozzi, The EU's Comprehensive Approach to Crisis Management. Back

246   Published in 2011. See Building stability overseas strategy. Back

247   The APF was created to strengthen the financial capacity of the African institutions to foster peace and security on the continent in response to a request made by the African Union Summit in Maputo in July 2003. Back

248   The IcSP provides for:

o urgent short-term actions in response to situations of crisis or emerging crisis, often complementing EU humanitarian assistance; and

o longer-term capacity building of organisations engaged in crisis response and peace-building.

On the ground, the implementation of IcSP actions is typically devolved to EU Delegations located in the third countries concerned. Back

249   The guiding principle of funding for CSDP operations is that "costs lie where they fall". Member States pay for the majority of costs they incur. However some costs that cannot be directly attributed to a Member State are regarded as "common costs" and shared out amongst Member States. The ATHENA mechanism manages the administration of common costs and is established through a Council Decision that is reviewed every three years, the last concluding in April 2015. Back

250   Article 21(2) TEU. Back

251   Article 208 TEU. Back

252   Joint Communication: The EU's comprehensive approach to external conflict and crises: JOIN(13) 30. Back

253   See Council Conclusions. Back

254   See EU-Africa Summit Declaration. Back

255   Athena is the mechanism that handles the financing of common costs relating to EU military operations under the EU's common security and defence policy (CSDP). It operates on behalf of the 27 EU member states who contribute to the financing of EU military operations (Denmark has opted out of CSDP on military matters). Athena was set up by the Council of the European Union on 1 March 2004. Five active EU military operations currently benefit from Athena financing: EUFOR ALTHEA (Kosovo); EUNAVFOR ATALANTA (anti-piracy); EUTM SOMALIA; EUTM MALI; and EUFOR RCA. Athena manages the financing of common costs for these operations, such as transport, infrastructure and medical services, as well as the nation borne costs, which include lodging, fuel, and similar costs linked to national contingents. Athena is managed by an administrator and under the authority of a Special Committee made up of representatives from the member states contributing to the financing of each operation. Back

256   An EU-wide document, articulating what the crisis is, and what could be the potential EU levers of power to address its root causes (as opposed to its symptoms), namely the Political Framework for Crisis Approach (PFCA). This PFCA would enact the Comprehensive Approach of the EU, as all EU stakeholders are entitled to contribute to it under the coordinating role of the EEAS. Presented to the Political and Security Committee for information purposes, this PFCA would support an orientation debate on the political willingness to utilize the CSDP lever of power, across the wider range of EU levers of power. This political willingness would be materialised by the Crisis Management Concept (CMC), which would depict a CSDP political-strategic option, in concrete terms an ad-hoc combination - or recipe, as opposed to a simple juxtaposition - of the CSDP military and the CSDP civilian instruments. See Turning Political Words into Military Deeds. Back


 
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