The European Union (EU) is conducting a mission to provide advice and assistance for security sector reform (SSR) in the Democratic Republic of the Congo (DRC), hereinafter referred to as ‘EUSEC RD Congo’ or ‘the mission’, with the aim of assisting the Congolese authorities in setting up a defence apparatus capable of guaranteeing the security of the Congolese people, while respecting democratic standards, human rights and the rule of law, as well as the principles of good governance and transparency.
Council Decision 2010/565/CFSP of 21 September 2010 on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo)
Council Decision 2010/565/CFSP of 21 September 2010 on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 28 and Article 43 thereof,
Whereas:
On the basis of Joint Action 2005/355/CFSP(1), the European Union (EU) has been conducting, since 2 May 2005, a mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (DRC) (EUSEC RD Congo). The current mandate of the mission is set out in Joint Action 2009/709/CFSP(2) and expires on 30 September 2010.
The Secretary-General/High Representative for Common Foreign and Security Policy sent a letter to the President of the DRC dated 27 July 2009 stating the EU's renewed commitment. Following that letter, the mission statement was adapted as from 1 October 2009. The Congolese authorities transposed that letter into an action programme which was signed, on 21 January 2010, by the Minister for Defence and War Veterans and the Head of the EUSEC RD Congo mission.
Following the ratification in 2005 of the Constitution of the Third Republic of the Congo, the elections held in the DRC in 2006 marked the end of the transition process and enabled a government to be formed in 2007, which has adopted a programme providing in particular for comprehensive reform of the security sector, the drawing up of a national plan, and priority reforms in the police, armed forces and judicial sectors. The Congolese authorities have demonstrated their interest in implementing the security sector reform (SSR) process in the DRC at operational level by developing a plan to reform the Armed Forces of the Democratic Republic of the Congo (FARDC) in three stages between 2009 and 2025, a plan which was approved by the President of the Republic at the end of May 2009 and presented to the representatives of the international community on 26 January 2010, and by taking over the role of coordinator of the work of the various actors supporting SSR in the DRC.
The United Nations has reaffirmed its support for the transition process and SSR by means of several Security Council resolutions, and is conducting the United Nations Organisation Stabilisation Mission in the Democratic Republic of the Congo (MONUSCO), which is focusing on peacekeeping in the east of the country and on peace consolidation throughout the country. On 28 May 2010, the United Nations Security Council adopted Resolution 1925 (2010) extending MONUC's mandate until 30 June 2010 and renaming it the United Nations Organisation Stabilisation Mission in the DRC (MONUSCO) as from 1 July 2010 and allowing it to support, in close cooperation with other international partners, the efforts of the Congolese authorities to strengthen and reform security and judicial institutions.
The EU has consistently supported SSR in the DRC, as one of the elements of a more general EU commitment to supporting development and democracy in the African Great Lakes Region, while taking care to promote policies compatible with human rights and international humanitarian law, democratic standards and the principles of good governance, transparency and respect for the rule of law.
On 14 June 2010, the Council adopted Decision 2010/329/CFSP amending and extending for an additional period of three months Joint Action 2007/405/CFSP on the European Union police mission undertaken in the framework of SSR and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo)(3).
In order to increase the coordination, consistency and complementarity of the EU's activities in the DRC, making maximum use of the new European institutional framework, there should be enhanced coordination of EU action between the two missions, between the European players in the DRC and between Brussels and Kinshasa.
On 11 August 2010, the Council adopted Decision 2010/440/CFSP(4) extending the mandate of Mr Roeland VAN DE GEER as the EU Special Representative (EUSR) for the African Great Lakes Region.
On 29 July 2010, the Council approved the crisis management concept for the commitment of common security and defence policy missions in support of security sector reform in the DRC.
Third States should participate in the project in accordance with the general guidelines defined by the European Council.
The current security situation in the DRC may deteriorate, with potentially serious repercussions for the process of strengthening democracy, the rule of law and international and regional security. A continued commitment of EU political effort and resources will help to embed stability in the region,
HAS ADOPTED THIS DECISION:
Article 1 Mission
1.
2.
The mission shall operate in accordance with the mission statement set out in Article 2.
Article 2 Mission statement
1.
The mission shall aim, in close cooperation and coordination with the other actors in the international community, in particular the United Nations and MONUSCO, and in pursuit of the objectives laid down in Article 1, to provide practical support in the field of SSR, creating conditions to facilitate the implementation in the short and medium term of activities and projects based on the guidelines adopted by the Congolese authorities in the plan for reform of the FARDC as set out in the mission action programme, including:
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maintaining support at strategic level;
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supporting the consolidation of the administration and the introduction of a human resources management system based on the work in progress;
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supporting the modernisation of logistics;
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supporting a relaunch of the training system, particularly for executive staff, mainly through support for the School of Administration and Military Academy project in Kananga and for studies for the School of Logistics in Kinshasa;
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pursuing activities relating to the campaign against impunity in the areas of respect for human rights, including sexual violence.
2.
The mission shall advise the Member States and shall coordinate and facilitate, under their responsibility, the implementation of their projects in fields which are of interest to the mission and in furtherance of its objectives.
Article 3 Structure of the mission and deployment zone
1.
The mission shall have headquarters in Kinshasa consisting of:
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a leadership;
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an administrative support and logistics department;
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a department of defence experts responsible for assisting and supporting the Congolese in carrying out specific actions in the areas of administration, human resources, logistics and training;
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an advice and assistance department, including advisers deployed in the east of the DRC and responsible for contributing to work on SSR carried out by the Congolese administration; and
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a planning cell.
2.
The main deployment zone shall be Kinshasa. Seconded advisers might also be deployed in the military regions in the east of the DRC. Movements of experts and their temporary presence in the military regions might also prove necessary, on the instructions of the Head of Mission.
Article 4 Planning
The Head of Mission shall draw up an implementation plan (OPLAN) for the mission, to be submitted for approval by the Council. He shall be assisted in this task by the departments under the authority of the High Representative of the Union for Foreign Affairs and Security Policy (HR).