© 2005 Geneva Centre for the Democratic Control of Armed Forces (DCAF) 1 Geneva Centre for the Democratic Control of Armed Forces (DCAF) Security Sector

© 2005 Geneva Centre for the Democratic Control of Armed Forces (DCAF)1

Geneva Centre for the Democratic Control of Armed Forces (DCAF)

Security Sector Reform and Good Security Sector Reform and Good Governance of the Security Sector: Governance of the Security Sector:

An OverviewAn Overview

Alan Bryden

Introductory Course on Security Sector Reform and Governance for Security Sector Experts of the Kosovo PISG

Geneva, 29 October – 5 November 2005


DCAF MandateDCAF Mandate

To promote and support democratic governance and reform of the security sector

• Networking knowledge

• Applied research

• Policy advice

• Providing tailor-made assistance


DCAF’s Thematic ProgrammesDCAF’s Thematic Programmes

• Civil management of the security sector

• Parliamentary accountability

• Civil society empowerment

• Defence reform and institution building

• Police reform

• Border security management

• Intelligence oversight

• Global security governance

• Special Programme: Women and children


Security and GovernanceSecurity and Governance

Security, Governance and Security Governance


Bad vs. Good GovernanceBad vs. Good Governance

Ineffective → Effective

Opaque → Transparent

Corrupt → Ruled by law

Unaccountable → Accountable

Bad governance → Good governance


Security SectorSecurity Sector

• Armed Forces

• Paramilitary forces

• Police

• Gendarmerie

• Border guards

• Intelligence agencies

• State security agencies

• Other internal security forces and armsbearers sanctioned under the State monopoly on force


Security SectorSecurity Sector

• Civilian control (executive level)

• Civilian oversight (legislative and judiciary levels)

• Civil society


Security Sector ActorsSecurity Sector Actors

1. Organisations authorised to use force: armed forces, police, paramilitary forces, gendarmeries, intelligence services (military and civilian), secret services, coast guards, border guards, customs authorities, reserve and local security units (civil defence forces, national guards, presidential guards, militias)

2. Civil management and oversight bodies: president and prime minister, national security advisory bodies, legislature and legislative select committees, ministries of defence, internal affairs and foreign affairs, customary and traditional authorities, financial management bodies (finance ministries, budget offices, financial audit and planning units), civil society organisations (civilian review boards, public complaints commissions)

3. Justice and law enforcement institutions: judiciary, justice ministries, prisons, criminal investigation and prosecution services, human rights commissions and ombudspersons, correctional services, customary and traditional justice systems

4. Non-statutory security forces: liberation armies, guerrilla armies, private bodyguard units, private security companies, political party militias

5. Non-statutory civil society groups: professional groups, the media, research organisations, advocacy organisations, religious organisations, non-governmental organisations, community groups

Source. United Nations Human Development Report 2002


A Map of the Security SectorA Map of the Security Sector

Statutory Security Forces:Armed Forces

Paramilitary ForcesGendarmerie

Intelligence ServicesPolice

Secret ServicesBorder Guards

Customs GuardsReserve or Local Security Units

Non-Statutory Security Forces:Liberation ArmiesGuerrilla ArmiesPrivate Militias

Private Military Services Private Military Organizations

Organized CrimeNational Terrorist Movements

Judiciary: Justice Ministries, Prison Regimes, Human Rights Commissions, Ombudspersons, Customary and Traditional Justice Systems

Civil Society: NGOs, (Independent) Media, Think Tanks, public opinion, the electorate…

Legislature: Parliament, Parliamentary Committees and Commissions

Civil Management: Executive, National Security Council, Ministry of Defence

Ministries of Internal Affairs, Ministry of Foreign Affairs, Financial Management Bodies Supporting Ministries: Agriculture, Transport, Health, Immigration…

Political Parties


Principles of Good Governance Principles of Good Governance of the Security Sectorof the Security Sector

•Accountability: Security sector must be accountable to the People

•Transparency: Information freely available to those affected by decisions

•Participation: Both direct and indirect,requiring freedom of expression and an organised civil society


Democratic Governance of the Democratic Governance of the Security SectorSecurity Sector

- General References in International Documents- Norms and standards on democratic governance of the security sector

Organisation Norm/Standard Source

UNHCR ‘Ensuring that the military remains accountable to the democratically elected civilian government’

Resolution2000/47 (2000)

UN General Assembly ‘Ensuring that the military remains accountable to the democratically elected civilian government’

Resolution 55/96 (2000)

UNDP Democratic civil control of the military, police and other security forces (report enumerates priciples of democratic governance in the security sector)

Human Development Report (2002)

OSCE ‘The democratic political control of military, paramilitary and internal security forces as well as of intelligence services and the police’ (specified by a detailed set of provisions)

Code of Conduct on Politico-Military Aspects of Security (1994)

Council of Europe (Parliamentary Assembly)

‘Control of internal security services in Council of Europe member States’ Recommendation 1402 (1999)

NATO Partnership for Peace (PfP)

‘Ensuring democratic control of defence forces’ (one of five objectives, specified in the PfP Programme)

Framework Document (1994)

EU (European Parliament) Specifying the ‘Copenhagen Criteria’ for accession to include: ‘legal accountability of police, military and secret services […] and acceptance of the principle of conscientious objection to military service’

Agenda 2000, §9

Summit of the Americas ‘The constitutional subordination of armed foces and security forces to the legally constituted authorities of our states is fundamental to democracy’

Quebec Plan of Action (2001)

Community of Democracies ‘That civilian, democratic control over the military be established and preserved’ Warsaw Declaration (2000)

Club of Madrid ‘Civilian control over the military and defence polic, and a clear separatiuon of the armed forces from police bodies and functions’

Closing Statement (2001)


Democratic Governance of the Democratic Governance of the Security Sector: Good Practices ISecurity Sector: Good Practices I

•1. A constitutional and legal framework, which constitutes the separation of powers (between government, parliaments and justice courts) and clearly defines the tasks, rights and obligations of the security sector within

institutional checks and balances

•2. Civilian control and management of the security sector by the government (civilian control over the Ministry of Defence, other security-related

Ministries and the military establishment as a whole, with civilian defence and interior ministers and civil servants having key policy and managing roles and with a clear division of professional responsibility between civilians and the military)


Democratic Governance of the Democratic Governance of the Security Sector: Good Practices IISecurity Sector: Good Practices II

3. Parliamentary control and oversight of the security sector (powers such as approval of defence and related budgets, security-related laws, security strategy and planning, security sector restructuring, weapons procurement, deployment of troops for internal emergency situations and abroad, ratification of international agreements on security issues; instruments such as defense committees, hearings, inquiries and investigations, mandating reports, etc.)

4. Judicial control in the sense that the security sector is subject to the civilian justice system, too, and that there are no specialised courts (e.g. military justice courts) outside the civil courts

5. A kind of ‘public control’ of the security sector through the existence of a security community representing civil society (political parties, NGOs,

independent media, specialised think tanks and university institutions, etc.) and nurturing an informed national debate on security issues


Why reform? : SS pathologiesWhy reform? : SS pathologies

SS Pathologies Possible Consequences Impact

Overconsumption of resources by SS

→ Diversion of resources for growth & development

Underinvestment of resources into SS

→ Risk of subjugation & loss of sovereignty

Enhanced likelihood of:

Overemphasis on hard security instruments

→ Insufficient scope for peaceful settlement of disputes

underdevelopment

Overemphasis on soft security instruments

→ Inability to participate in relevant operations

conflict

Too little democratic control of SS

→ Inappropriate security sector influence on policy

dedemocratization

No democratic control of SS

→ Capture of state by security sector interests


SSR ObjectivesSSR Objectives

• Developing affordable security bodies capable of providing security (operational effectiveness and efficiency aspect)

• Developing effective oversight mechanisms consistent with democratic norms and standards (democratic governance aspect)


Categories of SSR activitiesCategories of SSR activities

1. The strengthening of democratic control over security institutions by the state and civil society (e.g. enhancing the oversight capacity of legislators through training and provision of knowledgeable and independent experts in security issues; managing public sector reviews of military expenditures; capacity-building of civil society groups addressing security sector issues, etc.).

2. The professionalisation of the security forces (e.g. assistance programmes designed to train soldiers and policemen on democratic accountability, human rights, international humanitarian law, ethnic sensitivity, gender issues; promoting community policing; upgrading of military or police equipment; drawing up professional codes of military, police and intelligence conduct, etc.).


Categories of SSR activities Categories of SSR activities (continued…)(continued…)

3. Demilitarisation and peacebuilding (e.g. programmes on disarmament: reduction in the availability of small arms and light weapons on post-conflict societies; demobilisation; disbanding of armed groups and promotion of reconciliation; re-integration; reinsertion of armed combatants into civilian activities; strengthening regional security measures).

4. Strengthening the rule of law (in order to establish a strong independent legal framework that provides critical civil-democratic oversight through law reform programmes, capacity-building for the judiciary, establishing an independent judiciary, etc.).


The SSR communityThe SSR communityMain Focus of the Organization How it relates to SSR Concrete areas of activity

UNDP

Development

Demogratic governance

Poverty reduction

There is a key linkage between human development, and justice and security sector reform. JSSR is a fundamental part of conflict prevention and peacebuilding

Concept / Norm Development

Norm Dissemination

Operational SSR activities in developing countries only

OECD

Economic growth

Poverty reduction

Sustainable development

Public sector reform

A dysfunctional security sector can divert key resources. Uncoordinated donor activity may compound security problems.

Development of Norms and best practices for donors & participants

SSR only in developing partner counties

OSCE

Comprehensive security

Human rights

The Code of Conduct on Politico-Military Aspects of Security (1994) establishes basic norms on ‘the democratic political control of military, paramilitary and internal security forces as well as intelligence services and the police’ with which member and its partners (voluntarily) are to conform with.

Norm Development for members and partner countries

SSR activities in transition countries

NATO

Collective defence and security

Partnership programs focus of defence reform and SSR to prepare counties for eventual membership and PSO participation

Defence reform for members and partners.

SSR in some individual partnership programs for transition countries

EU

Establishment of ‘ever closer Europe’

International peace and development

Copenhagen Criteria’ for accession include: ‘legal accountability of police, military and secret services […]”. EU recognises importance of SSR in both member and partner countries for peace, growth, and development

SSR norms for members and would be members

Operational activities are restricted to certain sectors in transition and developing countries

Council of Europe

Human and minority rights

Democratic security

‘Control of internal secuirity services in Council of Europe member States’ Recommendation 1402 (1999)

CoE establishes legal norms and standards for members and aspirant countries


ConclusionConclusion

• aim for both good governance & efficient provision of security

• ensure local ownership in programming

• take the longer-term perspective

• maximise transnational effort

• press for greater national, regional & international coordination

• develop national, regional & international oversight & control functions


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