Study Centre for Human Rights and
Democracy (CEDHD)
Foundation for the Future
(FFF)
Geneva Centre for the
Democratic Control of Armed
Forces (DCAF)
Security Sector Reform: The Legal Framework
and the Role of Civil Society in its Reform
Rabat, 3-4 May 2010
Summary Report
Prepared by DCAF
Introduction
On 3 and 4 May 2010, the Study Centre for Human Rights and Democracy (CEDHD),
the Foundation for the Future (FFF) and the Geneva Centre for the Democratic Control
of Armed Forces (DCAF) organised a regional conference in Rabat on “Security Sector
Reform: The Legal Framework and the Role of Civil Society in its Reform”. The event
brought together more than 60 participants from the Arab region, representing civil
society organisations and the Moroccan Ministries of Interior and Justice as well as
Morocco’s various security forces. Experts from Indonesia, Mali, Palestine, Tunisia and
Turkey shared their experiences on civil society’s contribution to the reform of security
sector legislation in their countries.
The event was a follow-up to the regional conference entitled “Security Sector
Governance in the Arab Region - What Role for Civil Society?”, which Birzeit
University’s Institute of Law (IoL), the Foundation for the Future (FFF) and the Geneva
Centre for the Democratic Control of Armed Forces (DCAF) had organised in Amman
in June 2009. That conference showed that the lack of public oversight in the security
sector is a potential threat to human security. The conference also highlighted the need
to strengthen the rule of law and good governance in Arab countries. It called for an
improved service delivery in the areas of security and justice in the Arab world. The
conference underlined that the security sector needs a clear legal framework in order to
be governed in accordance with democratic standards.
The Rabat conference continued the process started in Amman by focusing specifically
on how civil society organisations can participate in the reform of security sector
legislation. Participants addressed the following topics:
How can civil society initiate the reform of security sector legislation?
How can civil society assist in the drafting of security sector legislation?
How can civil society assist in the implementation of security sector legislation?
Opening session
In his opening remarks, Mr. Al Habib Belkouch, President of the Study Centre for
Human Rights and Democracy (CEDHD), noted that citizens want security services
that respect the rule of law and deliver services that meet their needs. When reforming
its security sector, each country needs to develop its own solutions taking into account
its own specific cultural, political and historical context, he added.
In his opening address, Mr. Arnold Luethold, Head of the Africa and Middle East
Division of the Geneva Centre for the Democratic Control of Armed Forces (DCAF),
distinguished two different approaches to security sector reform. The first one focuses
on a technical modernisation of the security sector, for instance through the acquisition
of new equipment. This narrow approach mainly concerns the security forces. The
second approach, he said, understands justice and security as a service delivered to
citizens – like education or health care. In his view, this approach has also been
chosen by the Equity and Reconciliation Commission (ERC) in its recommendations.
According to Mr. Luethold, the benefits of security sector reform are an increased
legitimacy for the government and the security forces, economic development, and
enhanced international recognition. In his view, by bringing forward the implementation
of the recommendations of the ERC, Morocco has chosen the way to modernity and
prosperity.
Mr. Lassaad Messaadi, Monitoring and Evaluation Officer at the Foundation for the
Future (FFF), presented the mission and activities of his organisation. He also
reiterated the Foundation’s interest in providing support to a wide range of Moroccan
civil society organisations.
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The Swiss Ambassador to Morocco, Mr. Louis Betrand, closed the opening session by
referring to Morocco as a unique example of democratic transition in the region.
Why security sector reform is important
This session introduced the concept of security sector reform by looking at the
experiences of Mali, Turkey and Palestine. It highlighted that security sector reform can
only be successful if a number of questions are raised. For instance:
Why is reform necessary?
What do citizens expect?
Who are the drivers of change?
What are the most important deficiencies of the security sector?
Why is reform necessary?
According to Dr. Zeini Moulaye, National Coordinator of the United Nations
Development Programme (UNDP) for Shared Governance of Security and Peace in
Mali, the Malian authorities see security sector reform as an important element in the
democratisation process. In order to ensure an inclusive reform process, the
government of Mali has organised a wide consultation process that includes villages.
During this process, the Malian people demanded reforms that improve their human
security, Dr Moulaye said. Dr. Firas Milhem, Professor at Birzeit University (Palestine),
explained that since the establishment of the security services in Palestine in 1994,
security sector reform has focused on accountability of the security forces. Mr. Koray
Ozdil, Security Sector Reform Officer at the Turkish Economic and Social Studies
Foundation, argued that the most urgent reason for reforming the security sector in
Turkey is insufficient civilian oversight over the armed forces.
What are the population’s expectations?
In the Dr. Moulaye’s view, civil society expects security sector reform to improve
human security, to reinforce democracy and to lead the security forces to contribute to
the country’s development. Likewise, Dr. Milhem explained that Palestinians expect the
security forces to be at their service. Mr. Ozdil pointed out that most Turkish citizens
expect an improvement in human security, want accountable security forces, and
demand that the army be prevented from intervening in politics.
Who are the drivers of change?
The panellists believe that security sector reform is a highly political process. In their
view, reforming the security sector often implies a redistribution of power within the
security forces as well as between the security forces and the oversight and
management institutions. In their view, building political will is a precondition for reform.
They thus stressed the importance of carefully identifying the drivers of change within
the security forces, the government and parliament, as their support is crucial for
advancing security sector reform.
What are the deficiencies of the security sector?
Identifying the deficiencies of the security sector is an important step for engaging in
reform. The panellists highlighted a number of deficiencies in their respective countries’
legal frameworks. Mr. Ozdil noted that current Turkish legislation allows the army to
intervene in matters where municipal authorities should be competent when national
security interests are at stake. The risk of military interference in democratic processes
increases if there is no common definition of national security. Dr. Moulaye underlined
the lack of a clear legal framework authorising civil society and the media to work on
security related questions in Mali. In his view, the mandates of the different services
should be clearly defined by law, as the mandates of the police, the gendarmerie and
the army still overlap in his country.
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Why documenting security sector legislation is important
According to the Moroccan university professor Dr. Driss Belmahi, three main
arguments speak in favour of documenting Morocco’s security sector legislation.
Firstly, it allows for the identification of gaps, overlaps and weaknesses in the legal
framework. This then provides reform-oriented political actors with convincing
arguments in favour of security sector reform. Secondly, Morocco’s Equity and
Reconciliation Commission (ERC) recommended publishing the legal framework
governing the security sector. This recommendation has not been implemented yet.
Thirdly, it would set the ground for informed discussions between all stakeholders in
the security sector. A new understanding of the concept of security can emerge
through debates. Dr. Firas Milhem, Professor at Bir Zeit University (Palestine), and
Maître Hatem Ben Hatem Ben Hassen, lawyer at Tunisia’s Court of Cassation, believe
the population should have access to legislation, including provisions related to the
security sector.
The speakers underlined some of the challenges to collecting and publishing security
sector legislation. To be complete, the collection of security sector legislation has to
cover the organisation, status and attributions of the security forces, formal oversight
and management institutions, as well as those of informal oversight institutions, such
as civil society and the media. Furthermore, the collection must include legislation on
specific topics such as special provisions on state of emergency, terrorism or access to
information. According to the speakers, one of the main challenges is to access
circulars, directives and written orders, since they are often treated as confidential
documents.
In light of these challenges, they recommended the collection of security sector
legislation to include consultations with the ministries concerned and with the security
forces.
How can civil society initiate the reform of security sector legislation?
This session explored possible entry points for civil society organisations to initiate
legal reforms in the security sector. Dr. Mufti Makaarim Al-Ahlaq, Executive Director of
the Institute for Defence, Security and Peace Studies (Indonesia), presented legal and
political arguments for civil society organisations participate in of the reform of security
sector legislation. He explained that in a democratic state, security must be considered
as a service of the state to its citizens. Taxpayers should thus make sure that they
receive the services they have paid for. Dr. Al-Ahlaq underlined civil society’s
responsibility in holding the government accountable for its actions. In his view, the
inclusion of civil society organisations in security sector reform provides legitimacy to
reforms.
Dr. Al-Ahlaq presented concrete ways for civil society to engage in the reform of
security sector legislation. Civil society organisations could for instance lobby
parliament, carry out fact-finding missions and collect case studies. Civil society can
also review draft laws or propose alternative laws. Dr. Al-Ahlaq made
recommendations on ways to convince government and parliament to reform security
sector legislation. In this regard, a continuous dialogue between civil society and the
authorities is crucial to establish mutual trust, he said. To be taken seriously by the
government, civil society organisations also need to develop their knowledge, in
particular their conceptual and operational skills. They also need to adapt to the
authorities’ language, methods and schedule. Last but not least, Dr. Al-Ahlaq
recommended to clearly define the roles of think tanks and pressure groups and to
encourage coordination among civil society organisations in order to enhance their
impact.
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Mr. Al Habib Belkouch, of the Study Centre for Human Rights and Democracy
(CEDHD), advocated for civil society organisations should work in partnership with the
government. In his view, states have now understood the importance of civil society’s
contribution to their mission. In Morocco, civil society organisations have been
consulted regarding draft laws on associations, family, press and the penal code.
However, Mr. Belkouch also noted a number of weaknesses in the cooperation
between civil society organisations and the authorities. For example, he regretted civil
society organisations’ lack of lobbying skills, particularly with regard to parliament. This
is particularly problematic because proposed law amendments must be professionally
presented. He recommended that civil society organisations use international expertise
and support to further enhance their capacity.
How can civil society organisations contribute to the review and drafting of
security sector legislation?
According to Colonel Ahmed Boulahbach, member of the Auxiliary Forces in Morocco
and PhD candidate at the Institute for Political Studies in Toulouse (France), the
security sector used to be a source of fear for the population in many countries. But
security is now increasingly perceived as a service provided by the state to its citizens.
Colonel Boulahbach believes that universities can make an important contribution to
security sector reform by promoting research on security and defence related issues
and by disseminating this knowledge. Because only a few Arab universities offer
courses on security and defence, he suggested that Moroccan universities start
offering specific Master’s programmes on these issues.
Dr. Mufti Makaarim Al-Ahlaq, Executive Director of the Institute for Defence, Security
and Peace Studies (Indonesia), presented his institute’s strategy for initiating the
review and drafting of security sector legislation. When the Indonesian government
introduced a state secrecy bill, Dr Al-Ahlaq’s institute mobilised public opinion against
it. The institute formed a coalition with like-minded civil society organisations, interested
academic institutions and concerned private sector companies. The network launched
a media campaign that highlighted the negative consequences of the state secrecy bill.
Consequently, the government decided to withdraw the bill. In other cases, the institute
also developed alternative bills addressing the shortcomings of government bills. For
example, when the government introduced a bill regulating the intelligence services, a
coalition of civil society organisations successfully advocated for an amendment that
included regulations on external oversight of intelligence services. According to Dr. AlAhlaq, alternative strategies may include the organisation of public seminars on
legislation, active participation in public hearings on draft bills or the secondment of civil
society organisations’ expert staff to government and parliament.
Dr. Firas Milhem, Professor at the Institute of Law at Birzeit University (Palestine),
explained that civil society contributes to the development of security sector legislation
in Palestine. This involvement is based on a presidential decision, which states that,
until the Palestinian Legislative Council (PLC) resumes its work1, every draft law must
be presented to a range of civil society organisations. Only then can it be issued as a
presidential decree.
Experiences of cooperation between civil society organisations and the security
forces
This session focused on how civil society organisations and security forces can
cooperate to enhance the delivery of security to citizens. Ms. Saadia Ouadah, Vice1
Due to Israel’s arrest and imprisonment of a significant number of members of the
Palestinian Legislative Council (PLC), and the ongoing conflict between Hamas and Fatah,
the PLC has not been able to assume its political functions since 2007.
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President of the Moroccan Association for Combating Violence against Women,
explained how her organisation and the Moroccan police set up care centres for
women victims of violence. These centres provide psychological assistance to victims
of violence and accompany them to court. The centres also provide the security forces
with specialised training on ways to investigate cases of violence against women. Ms.
Ouadah believes the main challenge in cooperating with the security forces is to
institutionalise cooperation. Cooperation must be institutionalised in order to be
maintained when personnel changes, she argued. In Ms. Ouadah’s view, the
replacement of judges is one of the biggest challenges in combating violence against
women. She believes that new judges rarely have sufficient experience to take into
account the specific needs of women victims of violence.
Ms. Karima Mkika, President of the Association Al Karama for the Protection of
Children (Morocco), presented a similar initiative, which established two care centres
for juvenile delinquents. Both centres closely and successfully cooperate with the youth
brigades of the police. However, the fact that the youth brigade of the police remains
integrated into the ordinary police force constitutes a major challenge, Ms Mkika said.
Indeed, the ordinary police force lack infrastructure and competences to effectively
ensure the protection of youth.
Conclusion & Recommendations
Conference participants from North Africa and the Middle East believe that security
sector reform is an important element of democratic transition. Despite persisting
challenges, participants agreed that Arab civil society organisations can make
important contributions to security sector governance in the region. Contributing to the
reform of security sector legislation is an entry point to promote good governance of the
security sector. To this end, participants made a series of practical recommendations:
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Develop partnerships between civil society and the state: To be successful,
security sector reform needs to acknowledge the needs of all of society.
Promote a coordinated approach to security sector reform: Security sector
reform is a complex process that involves many actors. To avoid duplication
and to ensure coherent outcomes, the different initiatives should be
coordinated. Civil society organisations should strive to establish networks and
develop coordinated strategies.
Ensure access to information: In order to strengthen security sector
governance, civil society organisations need to have the right to access
information hold by the government. This principle should be reflected in
freedom of information legislation that clearly outlines the procedures for
requesting access to information as well as for restricting access to certain
documents.
Gain an in-depth understanding of the topic: If civil society is to make a
meaningful contribution to security sector reform, it must acquire an in-depth
understanding of the topic, equivalent to that of its counterparts in government,
parliament and the security forces. In this regard, international standards, as
developed and promoted by international institutions, constitute useful tools.