Home

Council Decision 2010/576/CFSP of 23 September 2010 on the European Union police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo)

Council Decision 2010/576/CFSP of 23 September 2010 on the European Union police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 28 and 43(2) thereof,

Whereas:

  1. On 12 June 2007, the Council adopted Joint Action 2007/405/CFSP(1) establishing a European Union police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo) (hereinafter referred to as ‘EUPOL RD Congo’ or ‘the Mission’).

  2. On 23 June 2008, the Council adopted Joint Action 2008/485/CFSP(2) amending and extending Joint Action 2007/405/CFSP until 30 June 2009.

  3. On 15 June 2009, the Council adopted Joint Action 2009/466/CFSP(3) amending and extending Joint Action 2007/405/CFSP until 30 June 2010.

  4. On 14 June 2010, the Council adopted Council Decision 2010/329/CFSP(4) amending and extending Joint Action 2007/405/CFSP until 30 September 2010.

  5. EUPOL RD Congo should be continued for a further year until 30 September 2011.

  6. The command and control structure of the Mission should be without prejudice to the contractual responsibility of the Head of Mission towards the Commission for implementing the budget of the Mission.

  7. The Watch-Keeping Capability established within the General Secretariat of the Council should be activated for the Mission.

  8. The Mission will be conducted in the context of a situation which may deteriorate and could harm the objectives of the Common Foreign and Security Policy (CFSP) as set out in Article 21 of the Treaty,

HAS ADOPTED THIS DECISION:

Article 1 The Mission

1.

The European Union police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (hereinafter referred to as ‘EUPOL RD Congo’ or ‘the Mission’), established by Joint Action 2007/405/CFSP, shall be extended for the period from 1 October 2010 to 30 September 2011.

2.

EUPOL RD Congo shall operate in accordance with the Mission statement set out in Article 2 and shall carry out the tasks set out in Article 3. It shall operate without prejudice to DRC ownership of SSR.

Article 2 Mission statement

1.

In order to improve the maturity and sustainability of the reform process of the Congolese National Police (PNC), EUPOL RD Congo shall assist the Congolese authorities in the implementation of the Police Action Plan, covering the priorities of the Police Reform process for the period 2010-2012, and building on the guidelines of the Strategic Framework. EUPOL RD Congo shall focus on concrete activities and projects to underpin its action at the strategic level of the reform process, on capacity building and on enhancement of the interaction between the PNC and the wider criminal justice system with a view to better supporting the fight against sexual violence and impunity. EUPOL RD Congo shall work in close coordination and cooperation with other Union, international and bilateral donors, with a view to avoiding duplication of efforts.

2.

The particular objectives of the Mission shall be:

  1. to support the overall SSR process at the strategic level in the Democratic Republic of the Congo (DRC) with a particular emphasis on the reform of the PNC and its interaction with the judiciary;

  2. to support the implementation of the Police Reform and the improvement of the PNC operational capacity and accountability through mentoring, monitoring and advising (MMA) activities;

  3. to enhance the knowledge and capacity of senior PNC officials, trainers and training systems, including through the provision of strategic training courses;

  4. to support the fight against impunity in the field of human rights and sexual violence.

3.

The Mission shall have a Project Cell for identifying and implementing projects. The Mission shall advise the Member States and third 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 Mission tasks

In order to achieve its objectives, the tasks of EUPOL RD Congo shall be as follows:

  1. to support the overall SSR process at the strategic level in DRC with a particular emphasis on the reform of the PNC and its interaction with the judiciary:

    • by supporting the work and evolution of the Police Reform Monitoring Committee (CSRP) and its Working Groups, including by providing assistance in the preparation of the relevant legal and sub-legal framework of the Police Reform in order to contribute to the finalisation of the conception work,

    • by contributing to and advising on the establishment and development of the bodies to be created for the Police Reform, contributing to their activities by providing specialist expertise in the most relevant domains for the implementation of Police Reform,

    • by contributing to the enhancement of the links between the Ministry of Interior and the Ministry of Justice with a view to increasing levels of cooperation and understanding between the two Ministries,

    • by participating in the activities of the Joint Justice Committee (Comité Mixte de Suivi du Programme Cadre de la Justice) and assisting, as appropriate, in the review of the criminal legal framework, while supporting, as appropriate, the Joint Defence Committee, with a view to supporting coherence and consistency among the different pillars of SSR,

    • by joining wider Union efforts and activities to support inter-ministerial coordination and coherence;

  2. to support the implementation of the Police Reform and the improvement of the PNC operational capacity and accountability through MMA activities:

    • by advising on the design and implementation of an adequate organisational structure for the PNC and supporting data collection activities in order to establish a complete census of police officers,

    • by mentoring, monitoring and advising personnel, including by co-location if appropriate, in the technical directorates within the PNC Inspectorate and at Headquarters (HQ) to advise and assist in the implementation of the reform process and in the integration of all police services within one single institution. This task needs to be closely coordinated with the UN MONUSCO operation, taking into account their deployment across the Congolese territory,

    • by supporting the integration of the crime police (Police Judiciaire des Parquets) into the PNC, in order to help to establish an effective interface between the crime police and the prosecution service. The Mission will work towards this by advising as appropriate key actors in the field of criminal justice, in close coordination with the Commission and partners’ programmes,

    • by supporting the newly created police audit service (Inspection Générale d'Audit) through efforts to strengthen its institutional and operational capacity in order to provide the citizens and authorities with a key instrument of democratic control over the police force,

    • by mentoring and advising the crime police in Kinshasa, especially through the Police de Recherche et d'Intervention, in improving its standards and its capability to effectively prevent and investigate crimes,

    • by supporting the implementation of the Police Action Plan in order to enable the PNC to have at its disposal, to the largest extent possible, the instruments, decision-making processes and means to guarantee a proper keeping of public order, while fully respecting the fundamental freedoms granted in the Constitution as well as the international human rights standards,

    • by helping the PNC to upgrade the coordination, coherence and flexibility of its decision-making process by supporting the reinforcement of the Command and Control Centre as well as the Operations Centre in Kinshasa, in close cooperation with other partners already working in this area,

    • by contributing to the finalisation of a Community Policing (Police de proximité) concept and by participating in the pilot project of the Commissariat de Référence, with the aim of strengthening a confidence between the population and the police and of enhancing security both in objective terms and in the public perception;

  3. to enhance the knowledge and capacity of senior PNC officials, trainers and training systems, including through the provision of strategic training courses:

    • by assisting in the enhancement of training capabilities at the School for Crime Police Officers in Kinshasa,

    • by supporting the establishment and operation of the Police Academy in Kasapa, Lubumbashi, including logistics and equipment,

    • by supporting the professional development of senior PNC officials with a view to improving the leadership and management skills,

    • by undertaking an assessment of current PNC training needs and resources,

    • by contributing to the definition of the regulatory and educational framework for the start-up and operation of the Police Academy,

    • by developing and introducing PNC training manuals for basic and specific training,

    • by contributing to the institutionalisation of the Community Policing (Police de proximité) concept with training,

    • by participating in the selection and training of trainers for police,

    • by providing specialist training in areas that support the achievement of the objectives of the Mission;

  4. to support the fight against impunity in the field of human rights and sexual violence:

    • by assisting the relevant groups of the CSRP and of the implementation bodies of Police Reform,

    • by supporting the development of a coherent policy for the PNC and the Inspection Générale d'Audit against sexual violence,

    • by helping to create, and by monitoring and mentoring specialised units within the police to fight against sexual violence and crimes related to children as well as impunity, and increase their operationalisation through MMA activities,

    • by supporting the organisation of actions aimed at increasing the awareness of police officers of the problem of sexual violence and impunity,

    • by monitoring and following up PNC and judicial activities in this field, advising, as appropriate, relevant representatives of prosecution services, of military courts and of the crime police, in coordination with the other national and international key players;

  5. Other tasks/Project Cell:

    • to support the Commission as required, especially in its projects for an integrated system for human resources management and for the police census,

    • to identify and implement projects through the Project Cell to ensure proper use of designated funds from the CFSP budget for their implementation. The Project Cell personnel may also support Member States and third States at their request, within the Mission's means and capabilities, by providing reinforced coordination and technical assistance for their own projects and under their own responsibility. All activities of the Project Cell are to be carried out within the Mission mandate and to complete the activities carried out by EUPOL RD Congo.

Article 4 Structure of the Mission

1.

EUPOL RD Congo shall be structured as follows:

  1. HQ in Kinshasa. The HQ shall consist of the Office of the Head of Mission and of the HQ Staff, providing all necessary functions of advice at strategic and operational level, command and control, as well as mission and administrative support;

  2. Field Office. A Field Office shall be established in Goma. The nation-wide implications of the Mission mandate may also require in-country actions and possibly temporary presence (also for a longer term) of experts in other locations, still subject to security considerations.

2.

The elements referred to in paragraph 1 shall be subject to further detailed arrangements in the Operation Plan (OPLAN).

Article 5 Civilian Operation Commander

Article 6 Head of Mission

Article 7 Staff

Article 8 Status of the Mission and its staff

Article 9 Chain of command

Article 10 Political control and strategic direction

Article 11 Participation of third States

Article 12 Security

Article 13 Watch-Keeping Capability

Article 14 Financial arrangements

Article 15 Coordination

Article 16 Release of classified information

Article 17 Review of the Mission

Article 18 Entry into force and duration