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 Vanhoutte Former MP Belgian Federal Parliament DCAF WORKSHOP ON THE HANDBOOK ON “PARLIAMENTARY OVERSIGHT OF THE SECURITY SECTOR” Podgorica, May 2005

Why Security Reform? n Security Sector: F All state institutions and agencies that have legitimate authority to use force, to threaten force or to order the use of force. F Private security services. F Paramilitary organisations. n Reform: F necessary to increase transparency and accountability

Civil Society NGO's, experts, Think Tanks, Academia Media Public opinion The electorate Judiciary Courts - judges Human rights commissions Ombudsman Legislative Parliament, Committees, (  Elected bodies: local municipal assemblies) Executive Government Ministries: Interior, Justice Supporting Ministries: Minorities, Youth, Health,… Republic of Montenegro Statutory organisations non-statutory organisations Police Paramilitary organisations Fire Brigade organised crime State Security Private Security Services Customs Political Parties Who is controlling who?

Is Reform necessary? n Organization F New doctrine Based on threats/risk analysis Based on international framework n Budget F Enhance transparency F Downsizing n Oversight F Improve quality of democracy F 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 n SCG u Defense F Strategy (doctrine) F Budget (priorities and oversight) n CG u Police, border-police, customs u Non military intelligence and security services u Private security u paramilitary u Budget F Police F customs F State level (defense)

2.Drafting legislation n Small is beautiful! u Contents of a law u Basic provisions F Constitution F International (EU) legislation u Definitions u Body u Refer to by-laws F flexibility u Explanatory body

Legislative procedures

n Parliamentary oversight u Control u Consultation u Transparent policy u Accountability: policy-makers can be held to account (and are willing to account ) for their actions if necessary. 3. Oversight & accountability

Instruments n Questions n Interpellations (motions) n Reports + recommendations u Competent Minister u Committee n Hearings n Visits n Investigative committee n (Legislation)

4. Budget oversight n Need for proper parliamentary debate n need for a proper budget breakdown n need for policy notes n need for internal and external control mechanisms u 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, Switzerland Tel: ; Fax: Website: