Geneva Centre for the Democratic Control of Armed Forces (DCAF) Dr. Hans Born Senior Fellow, 1 November 2005, Geneva 1. SSG: Civilian Control and Parliamentary Oversight 2. Security Sector Reform and Human Rights

2 Legal framework Security Sector Executive Parliament Social values Civil Society The Security Sector

3 Conditions for Effective Oversight: AAA Authority –Legal powers Ability –Committee, resources, expertise, staff Attitude –Willingness to hold government to account

4 Strong versus Weak Parliaments Strong parliaments: 1. The power to transform government policy Weak parliaments: 2.The Arena Parliament 3.The Rubberstamp Parliament

5 Parliamentary Tools of Oversight Legislation Getting the right information Oversight of budget Oversight of personnel Oversight of policy and operations (Oversight of procurement of equipment, weapons etc.)

6 Parliamentary Tools of Oversight: Legislation Initiate or change legislation on any security issue or institution; Law on state secrets, law on freedom of information; Law on independent bodies.

7 Parliamentary Tools of Oversight : Getting the Right Information To question relevant minister(s) and officials Involving civil society by organising public hearings Parliamentary inquiry in scandals Access to classified information Parliamentary visits Parliamentary staff

8 Parliamentary Tools of Oversight : The Power of the Purse Right to approve or reject budget proposals Right to amend budget proposals Access to classified budget documents Comprehensive control (no “black” budgets) Right to approve or reject the account of expenditures of the security services (investigated by independent budget audit office)

9 Parliamentary Tools of Oversight : Personnel Adoption of laws on the status, duties and rights of security services personnel Giving consent (or withholding) to directors of security services Approving maximum number of personnel employed by each security service Legislating for an ombudsman to monitoring the human rights within services and in relation to citizens

10 Parliamentary Tools of Oversight: Policy and Operations Setting general rules by law: –mandate of intelligence service, police etc.; –rules for the use of force; –rules for respect of human rights –states of emergency Authorising national security plan, civil emergency plan; overseeing its implementation; Operational independence of the security services: no parliamentary involvement in individual cases or operations; Setting up parliamentary inquiry in case of failed or inappropriate operations.

11 Emergency/Crisis Management: The Role of Parliament Ensure passage of laws upholding democratic values including those allowing for states of emergency declaration (see Backgrounder); Prior or ex-post approval of state of emergency; Hold government accountable for its actions; Post-hoc accountability: to conduct investigations on the execution of special emergency powers.

12 Restricting Constitutional and Human Rights Non-Derogable Human Rights According to Article 4 para. 2 of the ICCPR, no derogation is permitted from the following rights: To life (Article 6); Not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment (Article 7); Not to be held in slavery or servitude (Article 8); Not to be imprisoned for failure to perform a contractual obligation (Article 11); Not to be subject to retroactive penal measures (Article 15); To recognition as a person before the law (Article 16); To freedom of thought, conscience and religion (Article 18). Source: International Covenant on Civil and Political Rights (entered into force in 1976).

13 Emergency Management Principles to be respected during emergency rule (see backgrounder): –Temporality, proportionality, legality, declaration, etc. Emergency powers: –Restriction of free press and prohibition of public meetings, confiscation of private property etc. Which human rights can be limited: –NOT the so-called non-derogable human rights. Limitations of human rights are justified if: –Limitations are regulated by law; –Necessary in a democratic society; –Effective remedy (complaints mechanism) available.

14 Case study on: The role of parliament in protecting human rights THE CASE: –Law enforcement officials and the excessive use of force against demonstrators in the city of Suzuki in the land of Sinon; YOU: –Are a member of parliament and have to address the disastrous performance of police and internal security forces; TASK: –What is your position and your recommendations?