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WORKSHOP
ON THE HANDBOOK ON “PARLIAMENTARY OVERSIGHT OF THE SECURITY SECTOR”
Podgorica, Montenegro
26 – 27 May, 2005
Geneva Centre for the Democratic Control of Armed Forces (DCAF)
The Parliament’s Role in the Reform of
the Security Sector
Peter VanhoutteFormer MPBelgian Federal Parliament
DCAF WORKSHOP ON THE HANDBOOK ON
“PARLIAMENTARY OVERSIGHT OF THE SECURITY SECTOR”
Podgorica, 26-27 May 2005
Why Security Reform? Security Sector:
All state institutions and agencies that have legitimate authority to use force, to threaten force or to order the use of force.
Private security services. Paramilitary organisations.
Reform: necessary to increase
transparency and accountability
Civil SocietyNGO's, experts, Think Tanks, AcademiaMediaPublic opinionThe electorate
JudiciaryCourts - judgesHuman rights commissionsOmbudsman
LegislativeParliament, Committees,( Elected bodies: local municipal assemblies)
Executive GovernmentMinistries: Interior, JusticeSupporting Ministries: Minorities, Youth, Health,…
Republic of Montenegro
Statutory organisations non-statutory organisations
Police Paramilitary organisationsFire Brigade organised crimeState SecurityPrivate Security ServicesCustoms
Political Parties
Who
is c
ontr
ollin
g w
ho?
PARLIAMENT
Elect the MP’sO
vers
ight
GOVERNMENT
THE PEOPLE
Complaints
Med
iatio
nOMBUDSMANco
ntro
l
Ministries,administration,
agencies
Judiciarycontrol post factum
MediaWatchdog of democracy
Is Reform necessary?
Organization New doctrine
• Based on threats/risk analysis
• Based on international framework
Budget Enhance transparency Downsizing
Oversight Improve quality of democracy Parliament: highest democratic institution
Security reform & the role of parliament
1. Defining competencies
2. Drafting legislation
3. Oversight & accountability
4. Budget oversight
1. Defining competences SCG
Defense Strategy (doctrine) Budget (priorities and oversight)
CG Police, border-police, customs Non military intelligence and security services Private security paramilitary Budget
Police customs State level (defense)
2. Drafting legislation
Small is beautiful! Contents of a law Basic provisions
Constitution International (EU) legislation
Definitions Body Refer to by-laws
flexibility Explanatory body
Competent Committee(amendments + vote)
Experts
Civil society
Exch
ange
exch
ange
Ministry
Compliance
Constitution
Existinglegislation
EU-standardsbudget
OfficialGazette
App
rove
d dr
aft l
awDraft Law
Government
Draft
Law
PARLIAMENT
Approved law
Legislative procedures
Parliamentary oversight Control Consultation Transparent policy Accountability: policy-makers can be
held to account (and are willing to account ) for their actions if necessary.
3. Oversight & accountability
Instruments Questions Interpellations (motions) Reports + recommendations
Competent Minister Committee
Hearings Visits Investigative committee (Legislation)
4. Budget oversight
Need for proper parliamentary debate
need for a proper budget breakdown
need for policy notes need for internal and external
control mechanisms supreme audit institution
Established in 2000 on the initiative of the Swiss government, the Geneva Centre for the Democratic Control of Armed Forces (DCAF), encourages and supports States and non-State governed institutions in their efforts to strengthen democratic and civilian control of armed and security forces, and promotes international cooperation within this field, initially targeting the Euro-Atlantic regions. The Centre collects information, undertakes research and engages in networking activities in order to identify problems, to establish lessons learned and to propose the best practices in the field of democratic control of armed forces and civil-military relations. The Centre provides its expertise and support to all interested parties, in particular governments, parliaments, military authorities, international organisations, non-governmental organisations, academic circles.Geneva Centre for the Democratic Control of Armed Forces (DCAF):rue de Chantepoulet 11, P.O.Box 1360, CH-1211 Geneva 1, SwitzerlandTel: ++41 22 741 77 00; Fax: ++41 22 741 77 05 E-mail: [email protected]: http://www.dcaf.ch
