almanac on security sector oversight in the Western Balkans

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Figure 2: Mapping of the Security Sector in Kosovo - DCAF SCHEME Armed non-statutory security forces • Private Security Companies • Parallel Illegal formations • Religious radical formations (Wahhabist and Car Lazar movements) Justice institutions • Constitutional Court • Kosova Judicial Council • Prosecution and Courts • Prosecutorial Council 112 Independent Agencies • Ombudsperson • General Audit Office • Anti-Corruption Agency • State Agency for Protection of Personal Data EXECUTIVE JUDICIARY Legislative bodies • Assembly of Kosovo • Parl. Comm. on Internal Affairs and Security • Parl. Comm. on Justice, Legislation and the Constitution • Parl. Comm. on Foreign Affairs • Parl. Comm. on Integration • Parl. Comm. on Budget and Finance • Parl. Comm on Communities and Return • Parl. Comm. on Human Rights • Comm. on the KIA • Comm. on public accounts LEGISLATURE CIVIL SOCIETY External actors • International Civilian Representative • NATO • EU • Embassies and International Liaison Officers • International NGOs • Multinational corporations • Foreign Intelligence Services • ToC • International Media Statutory security forces and law enforcement • KP • KSF • KIA • Customs • Civil Aviation Authority KFOR EULEX Civil society organisations • Local media • Universities • Local NGOs and Think Tank’s
Kosovo 3 . Analysis of democratic governance & oversight of security sector The legal framework sets out two types of oversight for the security sector in Kosovo: internal control mechanisms and external oversight actors. The internal control of Kosovo’s security sector consists of a complex structure involving the internal chain of control, vertical hierarchy and horizontal oversight. This includes inspectorates, internal investigation units, internal audit offices and procurement offices. To fully understand the security sector it is also important to analyse the role of external oversight mechanisms. External oversight refers to the control and oversight of the security sector on the horizontal level. Amongst these institutions are: parliament, independent state institutions, the judiciary and civil society. In order to have a clearer overview of how governance in the Kosovo security sector is functioning, in the following part the role of internal control mechanisms will be elaborated and then there will be a specific part on the oversight mechanisms. 3.1. Internal control of the security sector in Kosovo 3.1.1. The structure of internal control Internal control and supervision is performed either by security institutions themselves or by the internal control mechanisms of the ministries and agencies under which they operate. These might include mechanisms such as: internal investigation units, internal auditing units, procurement offices and inspectorates. Apart from these mechanisms, in some branches such as supervision of the budget, internal control is exercised by other ministries or governmental bodies, most notably by the Ministry of Finance. The existing legal framework provides that the internal control of the security sector on the institutional and ministerial level is carried out by both civilian and uniformed structures (Constitution, 2008). Despite being clearly outlined in the legal framework, in practice, internal control of the security sector in Kosovo is still developing. As explained, this can be justified by the fact that some of the security institutions in Kosovo are still in their infancy particularly the Kosovo Security Force and Kosovo Intelligence Agency. The oldest security institution, the Kosovo Police (KP) has made measurable progress in exercising internal control. This control is carried out by mechanisms such as: the Professional Standards Unit (PSU), the Internal Audit Unit (IAU) and the Police Inspectorate of Kosovo (PIK). The PSU is a police unit which is responsible for investigating minor cases of alleged misconduct by KP personnel, while the IAU is a unit responsible for auditing the expenditures and procurements made by the police. The PIK is a mechanism which operates under MoIA independently from the KP with power to investigate allegations of serious disciplinary and financial problems in the police. 113 Almanac on Security Sector Oversight in the Western Balkans
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Serbia Almanac on Security Sector O
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Publishers: the Belgrade Centre for
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Acknowledgements This alman
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Introduction While official coopera
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the purpose of this study, accounta
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Different authors chose to present
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Chapter 1 - Albania Authors: Arjan
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1 . Introduction Albania This chapt
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Albania cotts them. Opposition ofte
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Table 2: Permanent committees with
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Albania The president is also the h
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Albania trust the expertise of the
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Box 1: The Gerdec case Albania The
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Albania Executive financial control
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Albania resources of the People´s
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Albania become a common trend (Free
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Albania intelligence, while the Nat
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Albania these units are not always
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Albania Trust has increased in the
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Albania • The executive and parli
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Albania 26. Minutes from the discus
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Albania 11. OECD. SIGMA, Support fo
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Abbreviations and acronyms BiH Bosn
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that with its assistance, in the fo
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fourteen police agencies in Bosnia
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An institution that best exemplifie
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Several different agencies share co
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this research, these departments ad
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the respect for human rights in the
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Page 64 and 65: 2006, Bosnia and Herzegovina signed
Page 66 and 67: 5 . Recommendations The proposed la
Page 68 and 69: Bibliography 68 Primary sources 1.
Page 70: 8. www.sipa.gov.ba - state Investig
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Page 82 and 83: Figure 1 International organization
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Page 92 and 93: 5.1.2. Lessons learned from impleme
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Page 98 and 99: Bibliography 53 1. Anderson, Peter
Page 100: 38. Zakon o prekršajima, Narodne n
Page 104 and 105: Abbreviations and acronyms ACA Koso
Page 106 and 107: 1 . Introduction The security secto
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Page 114 and 115: According to the new Law on the Pol
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Page 126 and 127: Bibliography 126 Legislation 1. Con
Page 129 and 130: Chapter 5 - Macedonia Author: Andre
Page 131 and 132: 1 . Introduction Macedonia Macedoni
Page 133 and 134: Macedonia through assistance to and
Page 135 and 136: Macedonia Oversight institutions ha
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Page 139 and 140: Macedonia Even though the SAO issue
Page 141 and 142: 4.1. Parliament Macedonia The polic
Page 143 and 144: Macedonia SICPS is unprofessional a
Page 145 and 146: 4.5. Constitutional Court Macedonia
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Page 153 and 154: Macedonia 14. Закон за ра
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Page 159 and 160: Chapter 6 - Montenegro Authors: Raj
Page 161 and 162: 1 . Introduction Montenegro The aim
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Montenegro The process of security
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Montenegro Finally, the National Se
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Montenegro CSD only needs the agree
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Montenegro bers representing differ
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Montenegro only after the Agency fo
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3.5. Financial oversight and contro
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Montenegro make additional efforts
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Bibliography Legislation Montenegro
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Montenegro 13. Ministry of Internal
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Abbreviations and acronyms CCD Code
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herent. The reason for this was a l
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ance and respect for human rights a
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security institutions during one wo
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meetings, regular exchange of infor
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maltreatment in custody it is impos
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expressed in relation to the role o
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have acted as intermediaries of the
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and the third, budgetary inspection
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obliged to send quarterly reports o
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The aforementioned problems could b
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6.1.3. Judiciary • Courts should
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Bibliography 206 Primary sources 1.
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208 Secondary sources 1. Belgrade C
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210
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Abbreviations and acronyms ARS Army
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ise data from previous analyses 186
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states and in the region (Hadžić,
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The formative phase was crucial for
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similarities between the processes
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adical SSR, but also the main threa
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The emergence of new actors permane
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control and oversee the work of exe
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MPs in the work of several committe
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Table 3: New legal framework Laws A
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Table 4 - part 2: Political and Str
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Table 7: Independent State Institut
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14. Miroslav Hadžić, Milorad Timo
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SSR Index - Measuring to Advance De
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1 . Introduction SSR Index - Measur
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Box 1: Where is this framework appl
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• Frequency: frequent/occasional/
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Annex I: Grading System for SSR GRA
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GRADE 5 Focus is on adopted values
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Grades Grades for Parliamentary Con
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Albania Grades Table: Measuring Thr
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Albania Bosnia and Herzegovina tran
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Bosnia and Herzegovina reveals defi
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Bosnia and Herzegovina Croatia esta
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Croatia Grades GENERAL TRANSPARENCY
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Croatia contribute to the planning
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Kosovo Grades GENERAL TRANSPARENCY
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Kosovo Macedonia Procurement transp
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Macedonia Grades GENERAL TRANSPAREN
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Macedonia The state budget is based
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Montenegro Recommendations: • The
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Montenegro of Public Procurement, t
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Serbia ties of the DSC’s work, cl
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Serbia of the actors’ organizatio
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Research Consortium Partners ANALYT
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