CSS Analyses in Security Policy CSS ETH Zurich N0. 196, October 2016, Editor: Matthias Bieri

Swiss Border Guard and Police: Trained for an “Emergency”? The “refugee crisis” in Germany has shown that when refugee immigration increases significantly, border guard forces need support. Under such a scenario in Switzerland, the Swiss Border Guard (SBG) corps would be supported by the (military) police, who, with their training, have a number of relevant capabilities. However, their de­ ployability is limited.

By Lisa Wildi

In autumn of 2015, the German Federal Police (“Bundespolizei”, the former Feder- al Border Guard or “Bundesgrenzschutz”) reached its limits. They were no longer ca- pable of controlling, transporting and reg- istering the arriving asylum-seekers on their own. In the course of the crisis, there were recurring debates over which govern- ment authority was to take on which tasks. In Switzerland, too, parliament has repeat- edly discussed since last autumn which forces should support the SBG in the case of an acute crisis. Under the “Asylum Con- tingency Plan” approved by the Federal Administration, cantons, cities, and com- munities in April 2016, the SBG corps would be supplemented by cantonal police forces and, should these not suffice, by sol- diers. However, the usual areas of responsi- If the border guard corps reaches its limits, it will receive support from the police in the first instance. The bility are to be preserved as far as possible tasks the police forces were to take on would be determined by their level of training. D. Balibous / REU in the case of a “refugee contingency”.

Should the SBG require support, the Fed- eral Department of Finance (FDF), of SBG would be supplemented with profes- sion. In the case of a crisis involving refu- which the SBG is a part, would request po- sional soldiers from the military police gees, moreover, the DDPS would also sup- lice reinforcements – initially from the can- force. Their job would be to protect the port the SBG and the State Secretariat for ton in which assistance is required. Should border guards or to assist them at border Migration (SEM) with troops and material this measure prove insufficient, the FDF checkpoints. If this support is insufficient, in the areas of medical services, construc- and the Federal Department of Defence, militia forces would be deployed, for in- tion, logistics, and transportation. The army Civil Protection and Sport (DDPS) would stance for monitoring and blocking indi- would continue to assist the SEM in iden- submit an application to the Federal Coun- vidual sections of the border. If the auxil- tifying and providing shelter for asylum cil for support by military forces. The Fed- iary deployment of the armed forces lasts seekers. eral Council would then decide on the de- more than three weeks or requires more ployment of soldiers and assign troops to than 2000 troops, parliament would have Regarding the reinforcement of the SBG the SBG. Initially, it is anticipated, the to approve the deployment at its next ses- corps, a number of critics have warned that

© 2016 Center for Security Studies (CSS), ETH Zurich 1 CSS Analyses in Security Policy No. 196, October 2016

Comparison of Personnel Resources initial accommodation. Another aspect of viduals and certain installations which are everyday work was to identify and arrest in need of special safeguard, for managing those who assisted the refugees in entering disasters, and for the fulfillment of other the country. tasks of national significance. Support is given in accordance with the subsidiary Due to the large number of refugees arriv- principle, i.e., only if the civilian authorities ing, the Federal Police were temporarily are no longer able to handle the tasks en- overstretched in some of the German trusted to their responsibility. states. Officers put in countless hours of overtime and reached their limits of endur- Until a few years ago, the professional unit ance. First, Federal Police officers were of the military police had carried out a sub- called in from neighboring federal states to sidiary protection mission for the SBG assist them. Armed law-enforcement corps. This subsidiary support mission, agents of the German customs authority codenamed LITHOS, was due to the secu- were also deployed. State police supported rity situation and the SBG’s lack of own them, for instance by organizing transpor- assets. It lasted from 1997 to 2012. For 16 tation for the refugees, registering refugees, years, a daily average of 84 military police or finding accommodation. Furthermore, officers served on behalf of the SBG. -Un they provided protection for the refugees in der the “Ordinance on troop deployments the arrival centers. in support of the border police” (Verord- nung über den Truppeneinsatz für den Several state governments offered extensive Grenzpolizeidienst, VGD), military forces, support to the federal government. For in- including military police, may carry out stance, the Bavarian government offered three types of tasks at the frontier: moni- the assistance of Bavarian police officers to toring the border, protecting border guards the Federal Police along the border. How- and police officers at border checkpoints ever, due to jurisdictional rules, this offer and in the open country, and similar com- was turned down. For the same reason, no parable tasks. The ordinance also stipulates Bundeswehr soldiers or military police that military forces may only be deployed were involved in policing the border cross- to the frontier for the kinds of tasks for ings or in domestic security measures. which they are trained. These tasks are the prerogative of the fed- the police and the military police can only eral and state police forces. However, sol- Cooperation between the SBG corps and support but not replace border guards, diers did assist with construction of refugee the cantonal police forces has also been in- since their training does not correspond to housing and registering asylum-seekers. tense in recent years. It has been governed that of the border guard. However, their re- by cooperation agreements, spective training programs are very similar. The respective training which were prompted by the The question arises, therefore, what kind of expansion and transformation border policing tasks would even be re- programs are very similar. of the SBG’s tasks in recent quired during an “asylum contingency” and years due to Switzerland’s ac- to which extent (military) police and bor- The civil protection services, which include cession to the Schengen/Dublin Agree- der guards are trained to handle these tasks, the fire brigade, the Technisches Hilfswerk ment in 2008. Ever since, the border guards including the cooperation this would re- (Federal Agency for Technical Relief), the have been active not just at the immediate quire. In the following, we will look at the Red Cross, and other relief organizations, border, but also in the rear areas further in- so-called “refugee crisis” that Germany ex- took responsibility for preliminary medical land, necessitating arrangements and coor- perienced in 2015 to establish which tasks services, and provided food and clothing. A dination with local police forces. In every- were carried out by the Federal Police, the great number of volunteers supported the day life, cooperation between police officers state police forces, and the Bundeswehr relief efforts. and border guards has become a matter of (armed forces). The subsequent section will routine. The SBG frequently supports the focus on training and cooperation of Swiss Switzerland: Existing Cooperation cantonal police forces in border regions. (military) police and border guards. In Switzerland, although the SBG and the Today, border guards carry out traffic con- military police (Militärische Sicherheit, Mil- trols and administer breathalyzer tests, The “Refugee Crisis” in Germany Sich) and the SBG and the police cooper- check compliance with work and rest peri- In Germany, the Federal Police are respon- ate during everyday work, collaboration is od regulations, and secure crime or acci- sible for border protection and controlling not part of their basic training. Under the dent scenes in cases of burglary, domestic arrivals. During the so-called “refugee cri- Federal Constitution, the armed forces violence, or car crash. Moreover, the pro- sis” of autumn 2015, their main tasks were: may give support to the civilian authorities fessional military police units also extend screening arrivals at the border crossings, in warding off significant threats to inter- sporadic support to the SBG and the can- organizing the crowd upon arrival, ensur- nal security and managing other exception- tonal police corps for traffic control or ing order and safety, recording personal al situations. Under the Military Act, the identity checks. Under a new draft of the data and fingerprints, cross-checking data army can extend support if requested by military law, they would be permitted to with databases, issuing temporary docu- the civilian authorities. Inter alia, soldiers give ad-hoc assistance to civilian police and ments, and transporting asylum-seekers to may be deployed for the protection of indi- the SBG corps.

© 2016 Center for Security Studies (CSS), ETH Zurich 2 CSS Analyses in Security Policy No. 196, October 2016

The intense cooperation between police rest people, or how to apply joint opera- Comparison of Curricula and border guards and the similarities in tional tactics. their everyday work are also illustrated by the latest research, soon to be published in Trainees are also taught how to react ap- the “2016 Bulletin on Swiss Security Poli- propriately in crisis or conflict situations, cy”. Cantonal police officers and border how to communicate in a manner that is guards already cooperate quite closely appropriate for the situation, or how to compared to other official state institutions deal with stress. Ethics and human rights in the field of security policy; the threats are also on the curriculum for both forces, they combat are largely identical. Petty often to the point of identical instruction crime, violence against life and limb, traffic material for subjects related to policing and violations, and migration-related problems psychosocial interventions. However, the are of equal concern to the police and the duration of training for the various subject border guards. However, in addition to areas varies to some extent (cf. illustration, these challenges, border guards also deal p. 3). For example, a police officer receives with terrorism, human trafficking, arms more extensive training in psychology than trade, and money laundering. For the can- a border guard because police officers will tonal police forces, hooliganism poses an be confronted more frequently with human additional challenge. drama and interpersonal conflicts in their everyday work. In matters of community Training of Police and Border Guards policing (CP), which emphasizes social A comparison of professional trainings can and communication skills, border guard be restricted to training of the police and training is similarly lacking depth. Any po- border guard, since those members of the lice officer, on the other hand, will have had military police who handle traditional po- extensive training in CP theory and stud- lice tasks within the military – i.e., the ied concrete measures for winning the trust members of the Territorial Military Police of the public and thus preventing crime (TerMP) – have undergone the same civil- and accidents together. ian police training course since 2010. Moreover, TerMP members who were Administrative work, such as registering trained pre-2010 have since also passed people or issuing official documents, is a their professional examination as police of- routine matter for police and border guards. ficers. This allows them to transfer to a -ci Among other topics, their training includes vilian police force. Members of the Mobile reporting, where they learn how to register Military Police (MobMP) force, who are personal data and write up incident reports. trained as security specialists within the Even in the entrance examinations, lan- armed forces, will not be taken into consid- guage skills in the native tongue are rated eration in the following. The SDBR and very highly. These skills are further fostered SDMP militia units, which would be acti- in police academies. However, foreign lan- vated in case of war, consist mainly of civil- guages that would be of great help in deal- ian police officers willing to serve in the ing with refugees are not taught – neither military in this format, even though they at the police academies nor at the SBG are not subject to conscription as members training center. One exception is English mental Protection Act. Meanwhile, border of the police. Conversely, Military Police teaching at the Zurich Police School. For guards trainees deal with matters pertain- Battalions 1 and 2 include only few civilian border guards, on the other hand, it is cus- ing to customs and excise legislation, such police officers (cf. illustration, p. 2). tomary to learn a foreign language after as assessment procedure, customs ordi- their basic training, through in-house lan- nances, or transport levies. Other matters Basic training is very similar for the police guage courses and exchange programs. of specific relevance to the border guards force and the border guards, both in terms are inspection of documents, international of substance and structurally, and both im- Other concerns shared by police and bor- search and arrest warrants, and general cus- part skills that would be applicable in case der guard training alike are in the area of toms-related studies such as the Schengen/ of an “asylum contingency”. For instance, legal instruction. Both the police cadets Dublin Agreement, the procedure of asy- in both cases, trainees are taught how to and the trainees of the SBG attend lectures lum cases, and the granting of residence carry out identity checks, how to demand on criminal law, the code of criminal proce- permits. A border guard will therefore be papers, how to search people for dangerous dure, traffic law, and laws on firearms or familiar with entry requirements, readmis- items, or how to control large crowds. Fur- foreign nationals. However, border guards sion agreements, or policing treaties with thermore, police officers and border guards receive more comprehensive instruction in neighboring countries. Unlike a police of- learn about self-defense and the use of the latter. Police and border guards also ac- ficer, a border guard will be able to assess force in case of need. Their respective train- quire legal expertise that is specific to their whether a given person is authorized to en- ings for policing, self-defense, and weapons respective areas of work. Police cadets, for ter the country or not. handling are nearly identical. Police offi- example, study the requirements for the use cers and border guards trainees alike learn of coercive measures by the police, as well Structurally, basic training lasts one year to handle firearms and batons, how to ar- as alcohol legislation or the Swiss Environ- for both groups, concluded by a federal di-

© 2016 Center for Security Studies (CSS), ETH Zurich 3 CSS Analyses in Security Policy No. 196, October 2016

ploma examination. The curricula include about how security is (re-)established and would soon run out of sufficient personnel not only lifelike training units and theo- maintained. However, due to the many dif- to take on all the duties described or to ex- retical instruction, but also trainee place- ferences between their respective man- tend long-term support to the SBG. Offi- ment with the duty forces. For the border dates, they have different conceptions cers cooperating with the SBG along the guard, basic training is followed by two about their tasks. Border guards regard frontier will be absent elsewhere. More- years of mandatory further education in themselves as “hunters” seeking out persons over, (military) police officers lack the cus- who have violated customs or toms-specific knowledge about entry per- Many jurisdictional matters and immigration law. Police officers, mits and asylum processes and would on the other hand, will rather require further training in these areas. Also, tasks are set in legislation. regard themselves as “problem in Switzerland as in Germany, many juris- solvers” who are notified about dictional matters and tasks are set in legis- matters related to customs, document in- violations of laws and emergencies or come lation. For instance, the armed forces are spection, criminology, operational tactics, across them on patrols, and whose job it is subject to an ordinance setting out the providing security, and search and rescue to register or to sanction such incidents or tasks that military forces, including the operations. During these first two years af- to help those afflicted. military police, may carry out at the border. ter completing their basic training, border This means that a police officer or member guards work in two of three future work Possibilities and Limitations of the TerMP, due to legal restrictions and environments (mobile forces, rail, airport). Both police and border guards are trained lack of border-specific training, would in- In police forces, too, it is customary for for the challenges of a “refugee crisis” and deed not be able to take on all the duties of novices to be sent to different stations for have the necessary experience in coopera- a border guard, and vice versa. However, introductory programs or trainee place- tion. Theoretically, with the training they due to the existing similarities in their ments. Similarly, military police officers are have received, police officers and members training and their frequent collaboration in familiarized with the organization, rules, of the TerMP would even be capable of many areas, (military) police officers would and regulations as well as the equipment of supporting the SBG in more areas than be able to support the SBG corps in an their corps over several months of training. currently anticipated; for instance, in up- emergency situation. However, police officers do not receive holding public order, registration, or initial three years of training like their colleagues psychological assistance to asylum-seekers. in the SBG. The common denominators of security provision, conflict and crisis management, Beyond the similarities and subtle differ- the legal foundations, and the shared un- Lisa Wildi is a researcher at the Center for Security ences regarding the content and structure derstanding of how security is established Studies (CSS) at ETH Zurich. Among other of basic training, it is remarkable how both and maintained provide opportunities for publications, she is the co-author of Vom police and border guard officers share a close cooperation. In practice, the cantonal Landjäger zum modernen Ordnungshüter: Die similar esprit de corps as well as similar ideas police forces and especially the TerMP Polizeiausbildung in der Schweiz (forthcoming).

CSS Analyses is edited by the Center for Security Studies (CSS) at Most recent issues: ETH Zurich. Each month, two analyses are published in German, French, One Belt, One Road: China’s Vision of “Connectivity” No. 195 and English. The CSS is a center of competence for Swiss and international Why Security Sector Reform has to be Negotiated No. 194 security policy. Libya – in the Eye of the Storm No. 193 Editors: Christian Nünlist and Matthias Bieri Transatlantic Energy Security: On Different Pathways? No. 192 Layout and graphics: Miriam Dahinden-Ganzoni Peace and Violence in Colombia No. 191 ISSN: 2296-0244 Bosnia: Standstill despite New Strategic Significance No. 190 Feedback and comments: [email protected] More issues and free online subscription: www.css.ethz.ch/en/publications/css-analyses-in-security-policy © 2016 Center for Security Studies (CSS), ETH Zurich 4