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SOURCEBOOK ON SECURITY SECTOR REFORM Collection of Papers SOURCEBOOK ON SECURITY SECTOR REFORM Collection of Papers Edited by: Philipp Fluri Miroslav Hadžić SOURCEBOOK Publisher: Geneva Centre for the Democratic Control of Armed Forces ON SECURITY SECTOR Centre for Civil-Military Relations, Belgrade Cover design: REFORM Boris Brozović Collection of Papers Type setting: Časlav Bjelica Printed by: Goragraf, Belgrade Edited by: Philipp Fluri Print run: Miroslav Hadžić 1000 ISBN 86-83543-35-8 Belgrade, March 2004 Geneva/Belgrade, March 2004 CONTENTS PREFACE - Philipp Fluri. 7 INTRODUCTION Miroslav Hadžić THE CONCEPT OF SECURITY SECTOR REFORM . 11 Timothy Edmunds SECURITY SECTOR REFORM: CONCEPTS AND IMPLEMENTATION . 45 Part One: DEMOCRATIC CIVILIAN CONTROL OF ARMED FORCES Simon Lunn THE DEMOCRATIC CONTROL OF ARMED FORCES IN PRINCIPLE AND PRACTICE . 63 Ian Leigh NATIONAL LEGAL DIMENSION OF THE DEMOCRATIC CONTROL OF THE SECURITY SECTOR: VALUES AND STANDARDS IN DEVELOPED DEMOCRACIES` . 87 Owen Greene INTERNATIONAL STANDARDS AND OBLIGATIONS: NORMS AND CRITERIA FOR DCAF IN THE EU, OSCE AND OECD AREAS . 105 Part Two: PARLIAMENTARY DIMENSION Hans Born & Philipp Fluri OVERSIGHT AND GUIDANCE: THE RELEVANCE OF PARLIAMENTARY OVERSIGHT FOR THE SECURITY SECTOR AND ITS REFORM . 123 Hans Born LEARNING FROM BEST PRACTICES OF PARLIAMENTARY OVERSIGHT OF THE SECURITY SECTOR . 133 Part Three: DEMOCRATIC ACCOUNTABILITY OF THE SECURITY APPARATUS Gerhard Kümmel CIVILIAN CONTROL OF MULTINATIONAL MISSIONS: RESPONSIBILITY SHARED OR DIFFUSED? . 149 5 Part Four: CIVIL SOCIETY Marina Caparini CIVIL SOCIETY AND DEMOCRATIC OVERSIGHT OF THE SECURITY SECTOR: A PRELIMINARY INVESTIGATION . 171 Johanna Mendelsohn Forman PREFACE PROMOTING CIVIL SOCIETY IN GOOD GOVERNANCE: LESSONS FOR THE SECURITY SECTOR . 193 Michael Pugh One of the most fundamental functions of the state is to pro- CIVIL SOCIETY AND THE SECURITY SECTOR: vide for the security of its citizens. The security sector comprises “SECURITY-SECTOR REFORM IS TOO SERIOUS A BUSINESS TO BE LEFT TO SOLDIERS.” those state institutions and structures whose primary function is to (with apologies to Georges Clemenceau) . 209 protect society and the liberty of its citizens. The term “security sector” expands the scope of security from its traditional focus on Dušan Reljić CIVIL SOCIETY, MASS MEDIA AND DEMOCRACY the military to include “public security”, or the safety of the indi- IN POST-COMMUNIST COUNTRIES . 217 vidual from threats of crime, disorder and violence. Because secu- rity sector reform is focused on the use of public resources to pro- Part Five: vide security for citizens, there is a necessary focus on state (often THE SECURITY SECTOR: INSTITUTIONAL executive) institutions and public policy. These institutions include DEMOCRATIC CONTROL ISSUES military forces, police and law enforcement services, paramilitary I) POLICE forces, border guard, intelligence agencies, the judicial system and Marina Caparini and Otwin Marenin penal institutions, as well as the government departments and min- REFORM AND PROGRESS IN THE POLICING SYSTEMS istries that exist to formulate policy and manage these institutions. OF CENTRAL AND EASTERN EUROPEAN COUNTRIES. 235 Most of the institutions that are part of the security sector are autho- Bogoljub Milosavljevic rised to use or threaten the use of force, if necessary, in order to ful- REFORM OF THE POLICE AND SECURITY SERVICES fil this function. Nevertheless the legitimate use of force against the IN SERBIA AND MONTENEGRO: ATTAINED RESULTS state’s citizens is strictly regulated in a democracy. OR BETRAYED EXPECTATIONS . 249 Of all the sectors of public policy, however, the security sec- II) INTELLIGENCE SERVICES tor has historically proven one of the most resistant to public input. This is in part a function of the fundamental and over-riding impor- Hans Born DEMOCRATIC AND PARLIAMENTARY OVERSIGHT tance of national security to the continued existence of the state, OF THE INTELLIGENCE SERVICES: BEST PRACTICES and the prerogative of the executive arm of government for protec- AND PROCEDURES . 275 tion of national security. The right of states to restrict certain fun- damental human rights for legitimate reasons of national security Peter Gill or public order is recognised, after all, in international law. DEMOCRATIC AND PARLIAMENTARY ACCOUNTABILITY Moreover the requirements of secrecy pose certain constraints on OF INTELLIGENCE SERVICES AFTER SEPTEMBER 11TH . 297 the types and amount of information that is released by security III) BORDER SECURITY sector institutions to the public. Nevertheless, states have also used Alice Hills national security as a justification for withholding information and BORDER CONTROL SERVICES avoiding accountability. Official secrecy, justified on grounds of AND SECURITY SECTOR REFORM . 319 national security, has been used to avoid political embarrassment, Part Six: cover up corruption or gross mismanagement of public affairs. The ANNEXES concept of “securitisation” has been used to describe this process whereby policy-makers apply the label of national security to oth- NOTE ON CONTRIBUTORS . 351 erwise contentious issues of public policy in order to elevate them THE GENEVA CENTRE FOR THE DEMOCRATIC above the level of political debate. The traditional secrecy and CONTROL OF ARMED FORCES . 355 exclusiveness of the security domain has tended to constrain trans- CENTRE FOR CIVIL-MILITARY RELATIONS. 357 parency, accountability and oversight of this most important sector. 6 7 This source book by the Belgrade Centre for Civil-Military Relations and the Geneva Centre for the Democratic Control of Armed Forces (DCAF) seeks to make articles of seminal nature available. It can by no means claim to be comprehensive in a rap- idly growing field of conceptual and operational knowledge. It may, however, be of assistance to teachers and students of defence and security sector reform. I would like to express my thanks to Melissa George and Amélie Baudot who edited and formatted the manuscripts. Philipp H. Fluri, Ph.D. INTRODUCTION DCAF Deputy Director 8 Dr. Miroslav Hadzic THE CONCEPT OF SECURITY SECTOR REFORM As of a few years ago, the syntagma “security sector reform” was introduced into political and scientific communication.1 Then, elaborated by Anglo-Saxon writers, it gradually developed to become a separate theoretical concept. From this concept, under the influence of the EU and NATO, a complete political strategy was derived. The concept is also increasingly used as an instrument in analysing the social and security processes in individual coun- tries or group of countries. In that context, the achievements of security sector reform are often used as an important indicator of the direction, pace and coverage of the overall social reform. Although a widely accepted definition does not exist, this phrase generally denotes the sum of changes in security thinking and practicing within the frameworks of a specific state. Thus, it is a composite syntagma that exceeds, as well as includes, a series of parallel, but relatively separate reforms of all security factors of a particular state. At the same time, it also provides an indirect – and in the course of elaboration also direct - link between the changes in the security sector and the reform of the society concerned. This additionally emphasizes that the numerous changes within the security sector are inter-dependent and determined by the contents, scope and direction of reforms in a specific society.2 This concept, when it first appeared, primarily referred to Central and East-European transition societies. It was also believed that without it a lasting, political and security normalisation of post- conflict societies of the Western Balkans was not possible. In the countries of Central and East Europe this concept drew its political power from the public readiness, manifested by most local citizens and elites after the collapse of socialism, to promptly adopt the val- ues of model West-European societies. That is why security sector 1 Anthony Forster, ‘West Looking East: Civil-Military Relations Policy Transfer in Central and Eastern Europe’, DCAF Working Papers, No. 52, July 2002, http://www.dcaf.ch/publications/Working_Papers/52.pdf 2 Dylan Hendrickson, ‘A Review of Security Sector Reform’, King’s College Working Papers, No. 1, September 1999. 11 reform was, in these countries, mostly understood as a process of tive democratic civil control over the army and other components adjusting their respective societies to modern norms and, within of the armed forces. that context also of simultaneously adapting the inherited armed All these processes were essentially conditioned by the need forces to the needs of the emerging democratic order. It is surpris- of Euro-Atlantic states to redefine their security role in a radically ing, therefore, that the reform of this sector is often understood sim- changing world. That is why the last decade of the past century ply as a process of transferring and applying the Euro-Atlantic may be marked as a period of an all-out search of the U.S.A., the solutions in the security sphere. The model of the offered security EU and NATO for a new – individual and joint – security identity, integration into this community, which, among other things, rests all the more so since the disappearance of the rival bloc redirected on the territorial expansion of NATO, i.e., the preparatory mem- their attention from preparations for a potential world war towards bership in the Partnership for Peace,

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