Democratic control over armed forces facilitates rule of law and human rights in the military sector, say participants at OSCE conference in Berlin

BERLIN, 2 June 2016 - Strengthening parliamentary control and oversight of the security sector through raising awareness of the OSCE Code of Conduct on Politico-Military Aspects is vital to building trust among OSCE participating States and to prevent conflicts, said participants at the start of a two-day conference in Berlin today.

The event emphasized the important role that parliaments and democratic institutions play in the oversight of armed and security forces, particularly in the context of emerging security challenges. It brought together over 100 participants, including parliamentarians from OSCE participating States and Partners for Co-operation, senior government officials, representatives of OSCE institutions, its field operations as well as civil society.

In his opening address Special Representative of the Federal Government of Germany for the 2016 OSCE Chairmanship and Member of the German Bundestag Gernot Erler stated: “Crises and conflicts seem increasingly complex in our days, not least because the domestic and the international level become more and more intertwined.” Against this backdrop, Erler stressed the growing significance of the Code of Conduct, calling it an important document of reference for such challenges.

“The stronger and more comprehensive parliamentary control over security forces is implemented and the more we, parliamentarians, feel responsible for maintaining international security and stability, the more we are able to avoid crises or solve conflicts, before military clashes or threatening situations evolve,” said Erler.

Ambassador Adam Bugajski of Poland, who currently chairs the Forum for Security Co-operation, noted the need to establish an effective and transparent relationship between parliaments, other institutions of the democratic state, and civil society.

“Parliamentarian control over armed forces constitutes the best guarantee that the rule of law, human rights and fundamental freedoms will be respected both within armed forces and by armed forces while performing their operations,” said Bugajski. He added that a mechanism for this includes approval and control of the military budget, and direct or indirect supervision over decisions undertaken by military.

Ambassador Marcel Peško, Director of the Conflict Prevention Centre said that emerging security challenges demand new ways for the use of the services of the armed and security forces and therefore raise new questions when it comes to their oversight and governance. He emphasized that the commitments enshrined in the Code of Conduct are still valuable and important today, but “new and innovative approaches to implement these commitments have to be found by each participating State in its specific situation.”

Also speaking at the opening session the Vice-President of the OSCE Parliamentary Assembly, Alain Neri noted that at the core of the Code of Conduct is a recognition of the importance of democratic civilian control of the armed and security forces, which means that elected parliaments must have ultimate authority over the activities of the security sector. “It is up to parliamentarians,” he said, “to ensure that fundamental human rights are respected by all security and intelligence services, both public and private. He regretted however that “the norms and principles outlined by the Code of Conduct are being breached with a discouraging frequency."

The participants also discussed the need for participating States to share lessons learned from new and innovative approaches to implement the Code of Conduct’s commitments.

The conference was jointly organized by Germany’s 2016 OSCE Chairmanship and the OSCE Conflict Prevention Centre. Together with the Geneva Centre for the Democratic Control of Armed Forces, the OSCE Parliamentary Assembly functioned as a key partner in this event and has published additional information on its contribution.

The OSCE Code of Conduct, adopted in 1994 in Budapest, represents a landmark in security sector governance, by obliging participating States that their armed forces are democratically controlled, remain politically neutral and to guarantee that the human rights of security personnel are respected. States report back on national practices annually, helping to build confidence and security in the OSCE region.