DIRECTORATE-GENERAL FOR EXTERNAL POLICIES OF THE UNION DIRECTORATE B - POLICY DEPARTMENT - NOTE On NOTE: on ESDP Mission "EUFOR R.D. Congo": in support of UN Mission (MONUC) in the Democratic Republic of the Congo (DRC) during the elections expected in July 2006.1 Abstract: On 27 April 2006 the EU adopted a much anticipated Joint Action which establishes a legal basis for an EU ESDP Operation, to be known as EUFOR R.D. Congo, in support of the UN’s MONUC during the election period in the DRC. EUFOR R.D. Congo will be an autonomous ESDP operation with Germany acting as “Framework Nation”, providing the Operational Headquarters from Potsdam, as well as its Operations Commander. The mission is expected to include a forward presence of about 400-450 troops (including 38 additional police officers assigned to the existing EU Police Mission “EUPOL Kinshasa”) based in Kinshasa and supported by an “over the horizon force” most likely situated in Gabon and including a substantial French role. The operation was widely anticipated after the UN (Under Secretary General for Peacekeeping Operations) invited the European Union on December 27th 2005 to consider providing support to strengthen the United Nations Peace keeping Operation in the DRC (MONUC) during the 2006 elections. The elections now expected on 30th July will be the first elections to be held in DRC for 40 years. This article sets out the context for an operation specific to the DRC as well as outlining the key stages over last four months that led to the development of the ESDP Mission “EUFOR R.D. Congo”. Finally the article discusses some implications for the role of the European Parliament (EP). Any opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. 1 At the time of writing Press reports indicated that the elections would now be postponed to late (30th) July rather than the earlier dates of June 18th and July 6th. DGExPo/B/PolDep/Note/2006_ [N°] [02/05/2006] [PE N°] EN This paper is published in the following languages: English Author: Dr Gerrard QUILLE Manuscript completed in 05/2006. Copies can be obtained through: E-mail: [email protected] Brussels, European Parliament, 04/06/2006. 2 Table of Contents 1. Introduction ..................................................................................................................... 4 2. Background...................................................................................................................... 5 2.1. DRC in transition ....................................................................................................... 5 2.2. EU in the DRC: supporting transition......................................................................... 6 3. An ESDP Military Operation in the DRC?..................................................................... 7 3.1. Background................................................................................................................ 7 3.2. EU Military Options for supporting MONUC during the elections in the DR Congo. 8 4. Legal Basis and Next Steps towards a European Council Decision to launch the Operation ........................................................................................................................... 10 4.1. Preparing the Ground: European Council and German Government and Parliament . 10 4.2. Crisis Management Concept..................................................................................... 11 4.3. UNSC Resolution 1671............................................................................................ 11 4.4. EU Joint Action ....................................................................................................... 12 4.5. Financial Aspects ..................................................................................................... 12 5. Perspectives from European Parliament ...................................................................... 13 5.1. The European Parliament’s Sub-Committee on Security and Defence (SEDE)......... 13 5.2. Election Observation Mission in the DRC ................................................................ 14 6. Final Observations and Analysis................................................................................... 15 6.1. Evolving ESDP........................................................................................................ 15 6.2. The Constitutional Treaty......................................................................................... 16 6.3. The reflection period................................................................................................ 17 6.4. The EP and ESDP: Balancing Political and Budgetary Authority?............................ 17 3 DIRECTORATE-GENERAL FOR EXTERNAL POLICIES OF THE UNION Policy Department NOTE: on ESDP Mission "EUFOR R.D. Congo": in support of UN Mission (MONUC) in the Democratic Republic of the Congo (DRC) during the elections expected in July 2006.1 1. Introduction On 27 April 2006 the EU adopted a much anticipated Joint Action which establishes a legal basis for an EU ESDP Operation, to be known as EUFOR R.D. Congo, in support of the UN’s MONUC during the election period in the DRC. EUFOR R.D. Congo will be an autonomous ESDP operation with Germany acting as “Framework Nation”, providing the Operational Headquarters from Potsdam, as well as its Operations Commander. The mission is expected to include a forward presence of about 400-450 troops (including 38 additional police officers assigned to the existing EU Police Mission “EUPOL Kinshasa”) based in Kinshasa and supported by an “over the horizon force” most likely situated in Gabon and including a substantial French role. The operation was widely anticipated after the UN (Under Secretary General for Peacekeeping Operations) invited the European Union on December 27th 2005 to consider providing support to strengthen the United Nations Peace keeping Operation in the DRC (MONUC) during the 2006 elections. The elections now expected on 30th July will be the first elections to be held in DRC for 40 years. This article sets out the context for an operation specific to the DRC as well as outlining the key stages over last four months that led to the development of the ESDP Mission “EUFOR R.D. Congo”. Finally the article discusses some implications for the role of the European Parliament (EP). This Note has been written to support discussions in the EP (in particular its Sub-Committee on Security and Defence (SEDE) at its meeting on 4 May 2006) and is written in six main sections: • the first provides some brief background information on the Democratic Republic of the Congo (DRC) and examines the current security environment leading up to the elections currently expected in early July 2006; • the second highlights the existing role of the EU in the DRC; • the third outlines the political developments towards a decision to send an ESDP Mission “EUFOR R.D. Congo”; • the fourth section details the elements set out in the UN Security Council Mandate and EU Joint Action for EUFOR R.D. Congo; • section five puts such developments in the context of the evolving ESDP and the implications for the role of the European Parliament; and • the final section extrapolates some conclusions on the challenges posed by the evolving ESDP to the “scrutinising” role of the European Parliamentary. 1 At the time of writing Press reports indicated that the elections would now be postponed to late (30th) July rather than the earlier dates of June 18th and July 6th. 4 Further information on the DRC, the financing of ESDP operations, and on the role of national Parliaments in CFSP/ESDP can be found in other Policy Department Notes.1 2. Background 2.1. DRC in transition2 The DRC has been in a state of civil war since 1998. The war started in August 1998 when Laurent Kabila issued a decree expelling Rwandan troops from the country. In the civil war that followed, elements of the armed forces of Burundi, Rwanda, and Uganda operated inside the DRC in support of the rebels, whereas elements of the armed forces of Angola, Chad, Namibia and Zimbabwe supported the Government of the DRC. More than 3 million people are estimated to have died in the Congo's complex four-year civil war, which has involved eight foreign armies and numerous rebel groups often fighting among themselves. In an effort to end the war, the heads of six governments involved (Angola, DRC, Namibia, Rwanda, Uganda, and Zimbabwe) signed a cease-fire agreement on 10 July 1999 (known as the 'Lusaka Peace Agreement'). However, implementation of the accord was delayed, due in part to inflexibility on the part of Kabila’s government. The signing of two peace agreements with Rwanda in August 2002 and Uganda in September 2002 gave the Lusaka Peace Agreement a new momentum. In March 2003 the DRC was prepared to allow an international force into the capital and other major towns until a new army was established. The implementation of the accord has had significant set backs along the way. On 30 July 2002 Rwanda and the DRC signed the so-called Pretoria Accord. Under this agreement, Rwanda was to withdraw its troops, consisting of approximately 30,000 to 40,000 soldiers, within 90 days. The DRC government, on the other hand, committed itself to dealing with Rwanda's main security concern by co-operating with the UN in disarming the Rwandan Hutu rebels, the Interahamwe, responsible for the 1994