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Strengthening the Role of Parliaments In Strengthening the Role of Parliaments in SSG – Challenges and Opportunities from Selected Case Studies This project was led by DCAF’s Policy and Research Division (PRDiv) in partnership with DCAF’s Operations Department (OPD). Project Lead PRDiv: Hans Born Project Lead OPD: Abigail Robinson Lead Author: Daniel Reimers Case Study Authors: Tunisia: Maxime Poulin, Hamza Mighri The Gambia: Jean Conte North Macedonia: Teodora Fuior, Vlado Gjerdovski Colombia: Mónica Pachón Buitrago Copy Editor: Kimberly Storr Design and Layout: Rodrigo Amorim First published in Switzerland in 2021 by DCAF – Geneva Centre for Security Sector Governance (DCAF Geneva, P.O. Box 1360, CH-1211 Geneva 1, Switzerland) DCAF encourages the use, translation, and dissemination of this publication, excluding for commercial purposes. We do, however, ask that you acknowledge and cite materials and do not alter the content. ISBN: 978-92-9222-610-7 This comparative study was made possible due to a grant from the Ministry of Foreign Affairs of the Netherlands, in the context of a partnership with the NL MFA as part of the DCAF-NL MFA Multiyear agreement. The views expressed in this study do not necessarily represent the position of the Ministry of Foreign Affairs of the Netherlands. STRENGTHENING THE ROLE OF PARLIAMENTS IN SSG: CHALLENGES AND REMEDIES FROM SELECTED CASE STUDIES Contents Strengthening the Role of Parliaments in SSG: Challenges and Remedies from Selected Case Studies 7 Executive Summary 7 The Role of Parliaments in SSG 8 Introduction 8 Reaffirming and Strengthening Democratic Governance through Effective Parliamentary Oversight 9 Background and Objectives 10 SSG and SSR 10 Analytical Framework 10 Scope of Analysis 11 Methodology 12 The Cases, in Brief 13 Comparative Analysis: Challenges and Remedies 14 Recommendations 20 The Role of Parliaments in SSG: The Case of Colombia 22 Introduction 22 The means by which Congress exercises control over the defence and security sectors 23 The structure and authority of congressional committees 23 Legislative functions of congressional committees 25 Budgetary functions of Congress 27 Elective functions: promotions as a form of control over the armed forces 27 Oversight functions: how Congress keeps tabs on the security sector 29 Challenges and limitations to the role of Congress in security sector governance 32 International assistance: thinking strategically about security sector cooperation 33 Additional challenges and limitations to security sector governance in the COVID-19 era 34 Conclusions and Recommendations 36 Annex 1. Amendments made by legislators when debating the Defence Budget 38 3 STRENGTHENING THE ROLE OF PARLIAMENTS IN SSG: CHALLENGES AND REMEDIES FROM SELECTED CASE STUDIES The Role of Parliaments in SSG: The case of The Gambia 39 Introduction 39 Challenges inherited from the authoritarian period 40 A lack of independence weakens the authority of the National Assembly 40 A lack of resources undermines the ability of the National Assembly to engage in oversight 41 A lack of established practices makes it hard to shape attitudes in the National Assembly 42 Emerging challenges related to COVID-19 43 The impact of the COVID-19 pandemic on civil liberties and security 43 The impact of the COVID-19 pandemic on the functioning of the National Assembly 43 Potential remedies to the National Assembly’s limitations 44 Reaffirming the authority of the National Assembly through the legislative framework 44 Strengthening the authority of the National Assembly through renewed practices 46 International community support to the National Assembly 47 Efforts by the international community to build capacity and strengthen oversight 47 The contribution of DCAF to strengthening parliamentary capacity in The Gambia 48 Conclusions and Recommendations 49 The Role of Parliaments in SSG: The Case of North Macedonia 51 Introduction 51 Challenges to comprehensive security sector reform 52 A complex parliamentary oversight system 52 Limits to legal authority 53 Limits to capacity 55 The challenges of changing culture 56 North Macedonian successes in security and intelligence reform oversight 56 Legislative successes 57 Improving oversight 58 Improving budgetary functions 59 Improving representative functions 59 The North Macedonian Parliament & COVID-19 60 Support for the Parliament in SSR/G 61 Conclusions and Recommendations 63 4 STRENGTHENING THE ROLE OF PARLIAMENTS IN SSG: CHALLENGES AND REMEDIES FROM SELECTED CASE STUDIES The Role of Parliaments in SSG: The case of Tunisia 66 Introduction 66 Background context 66 Authority of the ARP vis-á-vis the security sector 67 Capacity of the ARP to fulfil its mandate vis-à-vis the security sector 68 Commitment of the ARP to the democratic process 71 The ARP and the COVID-19 crisis 73 International and domestic support programmes for SSR 74 Conclusions and Recommendations 75 5 STRENGTHENING THE ROLE OF PARLIAMENTS IN SSG: CHALLENGES AND REMEDIES FROM SELECTED CASE STUDIES List of ABBREVIATIONS: List of Tables and Figures: 1. AEC Agency for Electronic Communications 1. The Role of Parliaments in SSG – Comparative Analysis 2. ANC National Constitutional Assembly a. Table 1. The “Triple A” Framework 3. ARP Assembly of the Representatives of the People b. Table 2. The Five Main Parliamentary Functions in the Context of SSG 4. ASL Alliance Sécurité et Libertés c. Figure 1. Framework for Analysis of Case Studies 5. CCISC Council for Coordination of the Security- Intelligence Community 2. The Role of Parliaments – The Case of Colombia 6. CCS Council for Civilian Supervision a. Table 1: Permanent committees, jurisdictions, and average preferential votes and terms 7. COAAFA Standing Committee on Administrative Organization and the Affairs of the Armed Forces b. Table 2: Bills related to intelligence and counterintelligence, 2003–2021 8. CPA Commonwealth Parliamentary Association c. Table 3: Examples of votes in committee and on the 9. CSD Special Committee on Security and Defence floor for military promotions 10. CSO Civil Society Organization d. Table 4: Scheduled security-related hearings by 11. EU European Union committee, 2014–2018 12. FESCOL Friedrich-Ebert-Stiftung Colombia e. Table 5: Themes addressed in security-related hearings scheduled and convened, 2014–2018 13. GDPR General Data Protection Regulations f. Figure 1: Comparison of homicide rates in Colombia, 14. IA Foreign Intelligence Service South America, and the World, 1990-2018 15. IHL International Humanitarian Law 3. The Role of Parliaments – The Case of The Gambia 16. IPU Inter-Parliamentary Union a. Figure 1. The educational background of National 17. IRI International Republican Institute Assembly Members 18. MP Member of Parliament 4. The Role of Parliaments – The Case of North 19. NSA National Security Agency Macedonia 20. OATP La Oficina de Asistencia Técnica Presupuestal a. Table 1. Frequency of meetings of parliamentary security and intelligence oversight committees, 2018– 21. OTA Operational Technical Agency 2019 22. SCDS Standing Committee on Defence and Security b. Table 2. Oversight activities of intelligence oversight 23. SSG Security Sector Governance committees, 2018–2020 24. SSG/R Security Sector Governance and Reform c. Table 3. The activity and transparency of security sector oversight committees 25. SSR Security Sector Reform d. Figure 1. DCAF support to intelligence oversight in 26. UBK Bureau for Security and Counterintelligence North Macedonia 27. UGTT Tunisian General Labour Union e. Figure 2. How DCAF programming is building capacity 28. UN-CTS United Nations Crime Trends Survey 5. The Role of Parliaments – The Case of Tunisia 29. UNDP United Nations Development Programme 30. WFD Westminster Foundation for Democracy 6 STRENGTHENING THE ROLE OF PARLIAMENTS IN SSG: CHALLENGES AND REMEDIES FROM SELECTED CASE STUDIES Strengthening the Role of Parliaments in SSG: Challenges and Remedies from Selected Case Studies Daniel Reimers Executive Summary Parliaments play an indispensable role towards good SSG. Special attention was also in good security sector governance. As given to the specific challenges and limitations democratically elected representatives, experienced by parliaments in their oversight parliamentarians ensure that individual and role during the COVID-19 pandemic, as well collective security is provided in accordance as the impact of international and domestic with the will of the people. This also requires parliamentary assistance programmes on that security sector institutions subject how parliaments fulfil this role. The resulting themselves to parliamentary oversight, which recommendations are clustered around three is one of the primary means of verifying that core themes, identified across all case studies: security actors respect the mandate they are institutional and legislative architecture, given. Recent developments in our global technical expertise, and a culture of oversight. security environment, including a shrinking These recommendations, summarized here, are democratic space – recently compounded by explained in more detail later in the text. the COVID-19 pandemic – as well as a growing First, to strengthen the institutional and number of states affected by fragility, conflict, legislative architecture of parliaments, the and violence, only increase the need for greater legislative framework governing parliamentary security sector accountability. However, this conduct and activities should be expanded and challenging and complex security landscape developed into lower
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