almanac on security sector oversight in the Western Balkans

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An institution that best exemplifies the role of civilian democratic control is the Parliamentary Assembly of Bosnia and Herzegovina and its competent committees. Provisions of the Dayton Peace Agreement allocated all competences for parliamentary control over the security sector to entity parliaments. With the reform processes and establishment of state-level security institutions it became necessary to establish parliamentary bodies for oversight over the work of security institutions at the state level. As mentioned previously, two committees were established within the Parliamentary Assembly of Bosnia and Herzegovina: the Joint Committee for Defence and Security and the Joint Security and Intelligence Committee on Supervision of the Work of the Intelligence and Security Agency (OSA). The Joint Committee for Defence and Security, established in 2003, was assigned, among other tasks, to monitor implementation of the security and defence policy of Bosnia and Herzegovina. 37 The Joint Committee for Supervision of the Work of the OSA was established in April 2004, assigned to, inter alia, oversee the legality of the work of the OSA, give opinions on appointment of directors, scrutinise reports of the Chair of the Council of Ministers on his oversight competences, etc. 38 Both committees are very active in asserting democratic control. 39 Along with these two state-level committees, there are still entity level committees dealing with oversight and control over the work of entity police forces. In Republika Srpska, there is the Safety Board of the People’s Assembly, while in the parliament of the Federation of Bosnia and Herzegovina there is the Committee for Security. The Committee for Security and Oversight over the Police Forces at the Assembly of Brčko District is in charge of democratic oversight over the Police of Brčko District. In addition, a special law on parliamentary control is currently being drafted, aimed at organising this domain in a more comprehensive manner. 40 2 . Internal oversight in security sector bodies & governing ministries 54 2.1. Executive Executive control over the security sector is regulated by laws and regulation, which establish control over the functioning of institutions, respect for human rights, and control of budgetary expenditures. Apart from these bodies within the security institutions, each ministry has inspectorates or departments in charge of monitoring the work of these institutions. The executive has set up a number of internal oversight mechanisms that work alongside the different security sectors. These internal control bodies are usually called 37 http://parlament.ba/komisija/1/0/32.html, accessed on 7 May 2010. 38 http://parlament.ba/komisija/1/0/33.html , accessed on 7 May 2010. 39 For more information please see http://www.parlament.ba/sadrzaj/komisije/zajednicke_komisije/ odbrana/izvjestaji_o_radu/Default.aspx?id=30426&langTag=bs-BA , accessed on 4 June 2011. 40 For more details on proposition of the law see http://www.parlament.ba/sadrzaj/zakonodavstvo/u_ proceduri/default.aspx?id=27028&langTag=bs-BA accessed on 5 June 2011.
Bosnia and Herzegovina inspectorates or internal control and they are responsible for ensuring that security actors follow the law and respect human rights. In addition, finance sections and departments operating within the ministries are in charge of overseeing and controlling budgetary expenditures. 2.2. Judiciary The judiciary and security institutions are connected through several mechanisms of control. Pursuant to the Criminal Procedure Code and the Criminal Code, courts are competent to authorise law enforcement bodies to launch special enquiries. Given the potential impact that the work of intelligence agencies can have in violating the human rights of the people it investigates, the Law on the Intelligence and Security Agency specifies that the Court of Bosnia and Herzegovina has the primary role in authorising enquires by the intelligence agencies and overseeing that these enquiries are in line with the relevant legislation. Courts play a major role in assessing legality of the use of force by police and situations of abuse of the rights of detainees. 2.3. Independent state bodies With the aim of achieving adequate protection of human rights for citizens and employees in the security sector, several state level and entity level institutions have been established. Primarily, there are independent oversight bodies such as the Human Rights Ombudsman of Bosnia and Herzegovina, dealing with the protection of human rights of citizens. Additionally, the Parliamentary – Military Commissioner was established with the purpose of strengthening the rule of law and protecting the human rights and freedoms of soldiers and cadets in the Armed Forces of Bosnia and Herzegovina and other employees of the Ministry of Defence. The Law on the Parliamentary Military Commissioner (Official Gazette of BiH, 49/09) stipulates that the commissioner cooperate with the Ministry of Defence of Bosnia and Herzegovina, the General Inspectorate within MoD Bosnia and Herzegovina, the Armed Forces, Bosnia and Herzegovina and the Human Rights Ombudsman of Bosnia and Herzegovina. The Military Commissioner is legally responsible for the investigation of specific issues as instructed by the Parliamentary Assembly of Bosnia and Herzegovina and the Joint Committee for Defence and Security. In order to control the work of state level police, the Parliamentary Assembly has established two independent bodies: the Independent Board of the Parliamentary Assembly of Bosnia and Herzegovina and the Public Complaint Board. Apart from these two state-level police boards, there are also the entity-level Independent Police Board of the Federation of Bosnia and Herzegovina and the Independent Police Board of Republika Srpska, as well as the Independent Police Board of Brčko District. The Parliamentary Assembly of Bosnia and Herzegovina has established the Personal Data Protection Agency, while the Anti-corruption Agency was established to fight corruption. Even though a law on the Anti-corruption Agency was adopted in late 2009, the agency’s director was not appointed until mid-2011 (Official Gazette of BiH, 62/11). Despite this setback, it is expected that the agency will be operational in the near future. 55 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 52 and 53: fourteen police agencies in Bosnia
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
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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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Page 245 and 246:
Page 247 and 248:
Page 249 and 250:
Box 1: Where is this framework appl
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• Frequency: frequent/occasional/
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Page 259 and 260:
Page 261 and 262:
Page 263 and 264:
Page 265 and 266:
Annex I: Grading System for SSR GRA
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Page 269 and 270:
GRADE 5 Focus is on adopted values
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Page 273 and 274:
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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