PARLIAMENTARY OVERSIGHT OF THE SECURITY SECTOR:

THE BELGIAN SYSTEM

Structure and Legal Framework

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

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

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, seehttp://www.comitep.be/NL/Wet-Loi.pdf

Autonomous institutions for supervision of the security sector

•Permanent Committee for Control of the Police Services = Committee P

• Permanent Committee for Control of the Intelligence Services = Committee I

• Committee for the Protection of Privacy• Federal Ombudsman• Inspector-General of the Police

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

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

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

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 …

LEGISLATIVE INSTITUTIONSFEDERAL PARLIAMENT

SENAT

• Committee on Foreign Affairs and Defence Follow-up Committee on the Committee I

HOUSE of REPRESENTATIVES

• Permanent Committees: Defence – Justice – Internal Affairs• Subcommittees:

Follow-up Committee on the Committee P Subcommittee on Military Procurement

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

QUESTIONS AND ANSWERS

Debate

Thank YouDank U – Merci

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