Parliamentary Oversight of the Security Sector: The BELGIAN System

1. Parliamentary Oversight of the Security Sector:The BELGIAN System Structure and Legal Framework

2. Who Am I? Lodewijk VANOOST Belgian citizen, born 1953 Agricultural Sciences (1976) Political Sciences/International Institutions (1993) Member of the Belgian Federal Parliament (1995-2003) and Deputy Speaker (1999-2003) Member of the Parliamentary Assembly of the Council of Europe (1999-2003) International Consultant (since 2005) UN, UNDP, OSCE, USAID, DFID, BTTC … in Kosovo, Serbia, Congo DRC, Benin, Burundi, Niger, Armenia, East Timor Capacity building of parliamentary institutions advice, ideas, good practices, bad practices, suggestions, answer questions … I advice, YOU decide

3. What is NOT Parliamentary Oversight • The Parliament = NOT a Court of Justice; its aim is: • to develop policy choices, • to define priorities, • to improve performance of the security services, • to avoid future problems  Lessons Learned and Recommendations are key conclusions that a parliament can contribute tot the security sector • MPs are NO generals, NO police inspectors; they can NOT take over the authority of the security services • MPs are NOT the government- it is • the Minister DECIDES (and maintains political responsibility), • the parliament OVERSEES

4. Legal Framework Law of 18 July 1991 for the regulation of oversight of Police and Intelligence Services and for the Coordination Institute for Threat Analysis (as amended and reorganized on 1 April 2011)  full dutch / french text of the law, see http://www.comitep.be/NL/Wet-Loi.pdf

5. Autonomousinstitutionsforsupervision of the security sector • Permanent Committee forControl of the Police Services = Committee P • Permanent Committee forControl of the IntelligenceServices = Committee I • Committee for the Protectionof Privacy • Federal Ombudsman • Inspector-General of the Police

6. Article 1. • Establisment of two permanent autonomous control institutions wıtın the polıce and the ıntellıgence servıces • Guarantee respect for constitutional rights of persons (both civilians AND members of the security services) • Provision of Investigative Services atached to these institutions

7. Articles 4 to 27Mandate of Committee P • Five members + one secretary • Belgian citizen • Full possession of all civil rights • 35 years of age • Reside in Belgium • Relevant experience of 7 years minimum • Security clearance • Six year term, renewable • No other mandates

8. Articles 27 to 52Mandate of Committee I • Same composition as Committee P • They can not be a member of the other Committee • Experience relevant to Intelligence Services

9. Articles 56 to 66Procedures • Such as : methodology of handling sensitive/secret material/data … • Procedures for protection of confidentiality of testimonies, affidavits, declarations, … • Procedures for reporting to Parliament: yearly report/participation to hearings/information/answers to specific questions …

10. Legislative InstitutionsFederal Parliament SENAT • Committee on Foreign Affairs and Defence • Follow-up Committee on the Committee I HOUSE of REPRESENTATIVES • Permanent Committees: Defence – Justice – InternalAffairs • Subcommittees: • Follow-up Committee on theCommittee P • Subcommittee on Military Procurement

11. Characteristics of the Belgian System • Double layered control system: • Specific autonomous institutions control, investigate, report, instigate prosecution of malfeasance in the security sector services • Defence is not included in this system • The parliament oversees these institutions, not the security services themselves and • Each separate parliament (senate/house) controls one of these two institutions separately

12. Questions and Answers Debate Thank You Dank U – Merci Teşekkür Ederim