almanac on security sector oversight in the Western Balkans

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Abbreviations and acronyms CoM Albanian Government Council of Ministers CLIPAHR Albanian Committee on Legal Issues, Public Administration and Human Rights CEF Albanian Committee on Economy and Finances CNS Albanian Committee of National Security MIS Albanian Military Intelligence Service NATO North Atlantic Treaty Organization NSC Albanian National Security Council PA Procurement Advocate PsA People’s Advocate (Avokati i Popullit) SSAI Albanian State Supreme Audit Institution SIS Albanian State Intelligence Service SICMI Albanian Service of Internal Control 16
1 . Introduction Albania This chapter analyses the accountability system over the security sector in Albania. The analysis focuses on accountability of the democratically elected institutions that form the mechanism of checks and balances, and accountability of security sector institutions to these democratically elected institutions. The institutions analysed are the executive, parliament, judiciary, the Albanian Armed Forces, law enforcement agencies and the intelligence services. Since the fall of communism and the transition to democracy, reform of the security sector has been an ongoing process and an important part of Albania’s transformation. As a result of the reforms of the last twenty years Albania has been transformed from a Stalinist regime, where the security institutions were used to instil fear in the people, to a democratic system where the security institutions are based on the rule of law and respect for human rights principles. The Armed Forces have been placed under civilian control and participate in international peace operations and other military cooperation, while the police and intelligence services also have achieved standards comparable to other European democracies. The most evident achievement of these reforms is Albania’s integration into NATO in 2009. Improvement of the accountability system of the Albanian security sector, however, has lagged behind one of the main priorities: NATO integration. The conditionality policy of NATO integration did not include security sector reform. With the adoption of a new constitution in 1998 and the adoption of relevant legal framework that provided for the basis of the accountability system, reforms in this area lost momentum. As a result, in some areas the legislation is not in place while in many other areas there are laws, but they are outdated or have so many omissions that implementation is impractical. As a consequence, there has been inadequate development of administrative capacities. Together, this has formed the basis of poor practice and a rather ineffective control and oversight system. Against this backdrop, this chapter aims to examine the current state of affairs of the accountability system of the Albanian security sector and to develop recommendations for an improved accountability system and more effective control and oversight of security institutions. Research was conducted by reviewing legislation, official documents such as reports, parliamentary debates, statements, as well as information received by security and oversight institutions, media reports, reports of international organisations, interviews and focus groups. The next section describes the constitutional and political setting and institutions involved in control and oversight of the security sector as well as their mandates. Following that are three sections dedicated to the control and oversight of the Armed Forces, police and intelligence services by the executive, the legislature, independent oversight bodies, the judiciary and the public. The last section draws some conclusions and recommendations for improving accountability. 17 Almanac on Security Sector Oversight in the Western Balkans
Page 1 and 2: Serbia Almanac on Security Sector O
Page 4 and 5: Publishers: the Belgrade Centre for
Page 6 and 7: Acknowledgements This alman
Page 8 and 9: Introduction While official coopera
Page 10 and 11: the purpose of this study, accounta
Page 12 and 13: Different authors chose to present
Page 15: Chapter 1 - Albania Authors: Arjan
Page 19 and 20: Albania cotts them. Opposition ofte
Page 21 and 22: Table 2: Permanent committees with
Page 23 and 24: Albania The president is also the h
Page 25 and 26: Albania trust the expertise of the
Page 27 and 28: Box 1: The Gerdec case Albania The
Page 29 and 30: Albania Executive financial control
Page 31 and 32: Albania resources of the People´s
Page 33 and 34: Albania become a common trend (Free
Page 35 and 36: Albania intelligence, while the Nat
Page 37 and 38: Albania these units are not always
Page 39 and 40: Albania Trust has increased in the
Page 41 and 42: Albania • The executive and parli
Page 43 and 44: Albania 26. Minutes from the discus
Page 45: Albania 11. OECD. SIGMA, Support fo
Page 48 and 49: Abbreviations and acronyms BiH Bosn
Page 50 and 51: that with its assistance, in the fo
Page 52 and 53: fourteen police agencies in Bosnia
Page 54 and 55: An institution that best exemplifie
Page 56 and 57: Several different agencies share co
Page 58 and 59: this research, these departments ad
Page 60 and 61: the respect for human rights in the
Page 62 and 63: significantly improved since 2008,
Page 64 and 65: 2006, Bosnia and Herzegovina signed
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5 . Recommendations The proposed la
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Bibliography 68 Primary sources 1.
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8. www.sipa.gov.ba - state Investig
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Abbreviations and acronyms BiH Bosn
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1 . Introduction This chapter will
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new dynamics to both, internal and
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social groups and institutions as a
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Figure 1 International organization
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higher standards of operations of s
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There are numerous ways in which pa
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norms result from overzealous attem
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esources is a fact of life in all t
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5.1.2. Lessons learned from impleme
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Social Democratic government marked
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Reform deteriorated in the next per
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Bibliography 53 1. Anderson, Peter
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38. Zakon o prekršajima, Narodne n
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Abbreviations and acronyms ACA Koso
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1 . Introduction The security secto
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The international military presence
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Figure 1: Organisation of the Secur
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Figure 2: Mapping of the Security S
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According to the new Law on the Pol
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Hearings for budgetary proposals ar
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Court decisions for criminal cases
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human rights by the Kosovo Assembly
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Both the OAG and the ACA submit the
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context, therefore, is a crucial in
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Bibliography 126 Legislation 1. Con
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Chapter 5 - Macedonia Author: Andre
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1 . Introduction Macedonia Macedoni
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Macedonia through assistance to and
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Macedonia Oversight institutions ha
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Macedonia Thirdly, the Committee on
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Macedonia Even though the SAO issue
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4.1. Parliament Macedonia The polic
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Macedonia SICPS is unprofessional a
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4.5. Constitutional Court Macedonia
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Macedonia Members of the Committee
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Macedonia person under surveillance
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Macedonia should be expanded by con
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Macedonia 14. Закон за ра
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Macedonia 32. State Audit Office (2
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Chapter 6 - Montenegro Authors: Raj
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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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