almanac on security sector oversight in the Western Balkans

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Kosovo 286 PARLIAMENTARY CONTROL AND OVERSIGHT grade: 2 Executive Summary The principles of parliamentary control and oversight are introduced by the Constitution and have been followed up by the primary laws and secondary legislations. The constitutional provisions guarantee a prominent role for the Assembly in overseeing the budget and policies of the security institutions as provided by law. The consolidation of parliamentary oversight developed at the same time as the security sector meaning that in the pre-independence period (before 2008) the Assembly of Kosovo had limited practice in overseeing the aspects such as: budgetary expenditures, implementation of human rights and implementation of government security policies of the state actors. There are a limited number of professional staffers supporting the relevant parliamentary committees. The gradual reduction of external funds to fund those staffers and secretariat policies, which cannot guarantee that non-political staffers are selected, further threaten that parliament receives sufficient expert support. This research found out that parliament is constrained by constitutional provisions and the Ahtisaari package in scrutinizing the performance of the international military and civil presence in Kosovo. Overall, the legislation for the parliamentary oversight of the security sector is in place. The constitution explicitly refers to parliamentary oversight and also primary laws on security actors include principles of democratic control. The practice showed limited track record of the assembly in reviewing the budget. There is also limited practice in discussing human rights issues though a specific parliamentary committee has been established for this purpose. Research could show that discussions on the implementation of some laws and amendments (such as Law on Police) have taken place; however, there is no evidence of discussions on the security policies. Recommendations: To the secretariat of the assembly: • Design generic policies for recruiting and envisaging the budget line for additional local staffers to support the security related committees to make up for the reduction of the foreign support; To the parliamentary committees: • The relevant parliamentary committees on security as well as the budgetary committee needs to periodically review the budget for security institutions; • The Committee on Internal Affairs, Security and Kosovo Security Force should also oversee the protection of the human rights of security sector employees. This applies also to the violation of human rights in private security industry; • The security related committees should also start discussing security policies and invite civil society representatives to these discussions.
Kosovo Grades GENERAL TRANSPARENCY grade: 1.5 Executive Summary: Transparency of public institutions in Kosovo is limited and is far from being in line with best European practices. Several reports of internationally and locally based organizations repeatedly criticize the conservative approach of the government in refusing to disclose certain official documents. The tendency to refer to a document as being ‘classified’ runs contrary to the Law on Classified Information having in mind that this law has not started to be applied, yet. Concerning the security sector, the findings showed that the police were more efficient in responding to requests for access to the official documents, whereas there are no substantial records for the situation with either the Kosovo Security Force (KSF) or the Kosovo Intelligence Agency (KIA), as these institutions are in the process of consolidation. There are limited capacities among the public institutions and, overall, the current Law on Access to Official Documents is only partially implemented. The Constitution guarantees the right of citizens to access official documents; it also highlights the right of data privacy protection, and considers the need for classifying information requiring regulation by specific legislation. The Law on Data Privacy Protection was approved in April 2010 and its implementation is still in its infancy. There is lack of awareness amongst citizens on the right to privacy protection. Recommendations: Access on Official Documents: • The public administration in general and the security institutions in particular need to immediately start implementing the new Law on Access to Official Documents (2010); • Security institutions shall refrain from refusing access to official documents under the excuse of ‘national and public security” unless the document is classified. FINANCIAL TRANSPARENCY grade: 2 Executive Summary: Transparency of public institutions is embedded in the legal framework of Kosovo - in the security related legislation, procurement and public financial management laws. The legal framework on the financial management and procurement is in place, though the procurement has been widely criticized for not being compatible with some European directives. The Law on Public Financial Management and Accountability clearly set up the procedures of budgetary proposal and reporting including deadlines. Procedures related to budgetary circulars remain transparent and the external actors (such as non-governmental groups, journalists, citizens) can have access to the budget. The administrative capacity in the budgetary departments and procurement raises an issue of concern. In particular, research showed a low level of professionalism amongst the budgetary departments as well as internal control mechanisms. 287 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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significantly improved since 2008,
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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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Page 241 and 242: 1 . Introduction SSR Index - Measur
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Page 265 and 266: Annex I: Grading System for SSR GRA
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Page 273 and 274: Grades Grades for Parliamentary Con
Page 275 and 276: Albania Grades Table: Measuring Thr
Page 277 and 278: Albania Bosnia and Herzegovina tran
Page 279 and 280: Bosnia and Herzegovina reveals defi
Page 281 and 282: Bosnia and Herzegovina Croatia esta
Page 283 and 284: Croatia Grades GENERAL TRANSPARENCY
Page 285: Croatia contribute to the planning
Page 289 and 290: Kosovo Macedonia Procurement transp
Page 291 and 292: Macedonia Grades GENERAL TRANSPAREN
Page 293 and 294: Macedonia The state budget is based
Page 295 and 296: Montenegro Recommendations: • The
Page 297 and 298: Montenegro of Public Procurement, t
Page 299 and 300: Serbia ties of the DSC’s work, cl
Page 301 and 302: Serbia of the actors’ organizatio
Page 303 and 304: Research Consortium Partners ANALYT
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