almanac on security sector oversight in the Western Balkans

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fourteen police agencies in Bosnia and Herzegovina. Legal reforms of the security sector were shaped by political conflicts among the three major ethnic groups and their political elite, who have conflicting opinions on national security principles and the scope of reforms. As a result, the current security system is not based on a coherent system of democratic values. Due to political disagreements, the law fails to attribute competences and jurisdiction over security actors clearly. Recurrent discussions over the need for and the scope of reforms also threaten the efficiency of the security sector. For example, these political disagreements have led to cuts in resources allocated for reform, a particularly troubling tactic amidst the potential economic crisis that Bosnia and Herzegovina is facing. Security sector reform in Bosnia and Herzegovina is a complex process. The existence of multiple interrelated factors complicates attempts to provide clear insight into all achievements and progress. The methodology used for this research, 36 developed in coo peration with our regional partners, is aimed at offering answers based on empirical inquiry, to present an all inclusive approach to oversight, monitoring and measurability of the security sector in Bosnia and Herzegovina. By using primary and secondary sources and by applying new evaluation criteria, we will give insight to the degree to which security sector reform in Bosnia and Herzegovina has been achieved. An idea that both characterises the difficulty of this research and represents an approach the authors have used in an attempt to overcome these difficulties is best reflected in the statement the “security sector reform is the art of possible” (Nathan, 2006). The attitudes of certain security actors towards monitoring by civil society created problems during the research. These problems were compounded by objective circumstances, such as inadequate data on court cases, as well as by subjective circumstances, such as an unwillingness of the Intelligence-Security Agency of Bosnia and Herzegovina to cooperate. Despite these limitations, this chapter represents a pioneering attempt at research in Bosnia and Herzegovina on security sector governance. Its purpose is to provide readers a critical analysis and to inspire other academics and professionals to expand research in this domain. 52 1.2. Patterns of democratic accountability of the security sector Democratic oversight of the security sector and accountability of these institutions represents a condition of democracy. With the intention of meeting this condition in Bosnia and Herzegovina, all significant measures of control – including parliamentary control, executive control, judicial control and control by independent state bodies such as the ombudsmen or state audit office – have been established and are functioning. The following chart summarises the major security sector actors and overlapping mechanisms for oversight: 36 See the chapter by Sonja Stojanovic ‘SSR Index – Measuring to Advance Democratisation’ in this Almanah for more details on the methodology.
Table 1: Mapping the security sector State actors authorised to use force Bosnia and Herzegovina State level Entity/cantonal level • Armed forces Bosnia and Herzegovina • State Investigation and Protection Agency – SIPA Bosnia and Herzegovina • Border police Bosnia and Herzegovina • Intelligence – Security Agency Bosnia and Herzegovina • Directorate for Coordination of Police Bodies Bosnia and Herzegovina • Service for Foreigners’ Affairs Bosnia and Herzegovina • Court police Executive power • Presidency of Bosnia and Herzegovina • Council of Ministers Bosnia and Herzegovina • Ministry of Defence Bosnia and Herzegovina • Ministry of Security Bosnia and Herzegovina Parliamentary oversight Independent bodies for oversight • Joint Committee for Defence and Security • Joint Committee for Oversight over the Work of Intelligence – Security Agency of Bosnia and Herzegovina See Table 2 Judiciary • Court of Bosnia and Herzegovina • Prosecutor Office of Bosnia and Herzegovina • High Judicial and Prosecutorial Council of Bosnia and Herzegovina Civil society • Non-governmental organisations • Media Non-state actors authorised to use force International Community • Competences over PSC are on the entity • Office of the High Representative (OHR) • NATO, EU (EUFOR, EUPM), OSCE, UN • Police of Republika Srpska • Police of the Federation of Bosnia and Herzegovina • Cantonal police departments • Brčko District Police • Court police of entity/cantons/Brčko District • Presidents of Entities • Entity/cantonal governments • Ministries of internal affairs of Entities/cantons • Security Committee of the Parliament of Federation of Bosnia and Herzegovina • Security Committee of National Assembly Republika Srpska • Cantonal/District Courts • Brčko District Court • Non-governmental organisations • Media • Private Security Companies 53 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 and 16: Chapter 1 - Albania Authors: Arjan
Page 17 and 18: 1 . Introduction Albania This chapt
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 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
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
Page 74 and 75: Abbreviations and acronyms BiH Bosn
Page 76 and 77: 1 . Introduction This chapter will
Page 78 and 79: new dynamics to both, internal and
Page 80 and 81: social groups and institutions as a
Page 82 and 83: Figure 1 International organization
Page 84 and 85: higher standards of operations of s
Page 86 and 87: There are numerous ways in which pa
Page 88 and 89: norms result from overzealous attem
Page 90 and 91: esources is a fact of life in all t
Page 92 and 93: 5.1.2. Lessons learned from impleme
Page 94 and 95: Social Democratic government marked
Page 96 and 97: Reform deteriorated in the next per
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
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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
Page 212 and 213:
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
Page 241 and 242:
1 . Introduction SSR Index - Measur
Page 243 and 244:
Page 245 and 246:
Page 247 and 248:
Page 249 and 250:
Box 1: Where is this framework appl
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Page 253 and 254:
Page 255 and 256:
• Frequency: frequent/occasional/
Page 257 and 258:
Page 259 and 260:
Page 261 and 262:
Page 263 and 264:
Page 265 and 266:
Annex I: Grading System for SSR GRA
Page 267 and 268:
Page 269 and 270:
GRADE 5 Focus is on adopted values
Page 271 and 272:
Page 273 and 274:
Grades Grades for Parliamentary Con
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Albania Grades Table: Measuring Thr
Page 277 and 278:
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
Page 301 and 302:
Serbia of the actors’ organizatio
Page 303 and 304:
Research Consortium Partners ANALYT
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