Rhetoric and Practice of the Local Ownership Principle in EU-Supported SSR Filip Ejdus, SPAIS, University of Bristol Paper prepared for the 41st BISA Annual Conference, Edinburgh, 15-17 June 2016. Please don't cite without permission. Introduction The end of the Cold War removed from the international security agenda bipolar rivalry and put front and centre issues of development, democracy and governance. As a result of this, the concept of Security Sector Reform (SSR) emerged in the late 1990s linking democratic governance, human rights, development and security into a single agenda (Brzoska 2003). The very term SSR was pioneered by the UK government in 1999 before being endorsed by a number of European countries, OECD and other international organisations and NGOs involved in peace, security and development issues. While majority of national and international development donors accepted the rhetoric of SSR, practical operationalisation and adaptation to local contexts proved much harder to achieve (Chanaa 2002, Sedra 2013). One of the key lessons learned from the first generation of SSR, which focused on building institutional and legislative frameworks, was that externally imposed reforms are unsustainable because they are not supported by a genuine commitment of local stakeholders (Cottey, Edmunds, and Forster 2002). In order to successfully accomplish the second generation, which concerns the consolidation of new practices and the establishment of effective institutions of democratic security governance, reforms needed to “be driven from within the local context” (Edmunds 2002, 23). In order to respond to this challenge, the development donor community translated the concept of local ownership from the field of development into a guiding principle of SSR. According to the OECD-DAC guidelines which has been a key influence for vast majority of SSR practitioners “(e)xperience shows that reform processes will not succeed in the absence of commitment and ownership on the part of those undertaking reforms” (OECD 2005, 13). The rhetoric of local ownership was also endorsed by regional organizations, major aid agencies, countless NGOs and research institutes the world over. The local ownership became “the gold standard of successful peace and statebuilding” (Dursun-Ozkanca and Crossley-Frolick 2012, 251). 1 Since the late 1990s, the EU has been at the forefront of international support for SSR.1 In addition to the bilateral assistance provided by its member states, the EU has been supporting reforms in the security sectors of non-member states across all three pillars (Hänggi and Tanner 2005, 29).2 In 1998, the EU launched the European Security and Defence Policy (ESDP) as part of its Common Foreign and Security Policy (CFSP). From the very outset, the policy has had a strong SSR component, which is also reflected in the European Security Strategy from 2003 (EU 2003c).3 That same year, the EU launched its first ESDP operation EUPM Bosnia, tasked to reform the Bosnian police. Since then, the EU has launched altogether 35 operations out of which 27 with a mandate to support SSR. In fifteen out of eighteen currently deployed CSDP operations across Europe, Africa and Asia, the EU has been assisting local authorities to reform their police, military or judiciary to provide more effectively human and national security within the framework of democratic governance.4 In addition to this, the European Commission has been supporting reforms in the field of law enforcement, border management, justice reform, disarmament, demobilisation and reintegration (DDR), civil management and civil oversight through enlargement, development, neighbourhood and justice and home affairs policies in more than 100 countries in Europe, Asia, Africa and Latin America. Over the period 2001-2009 the European Commission donated €1bn for SSR in 105 partner countries. This figure excludes the EC support to SSR-related activities in the countries covered by Enlargement Policy (Particip 2011, 7). If we add to this number thirteen countries that joined the EU since then and seven current candidate or potential candidate states we come to a number of 125 countries in which the Commission has supported SSR. When combined with the number of countries that received support through CSDP, it turns out that the EU has been transforming security sectors in more than 2/3 of UN member states. According to EU policy documents, one of the core principles underpinning all EU actions in support for SSR is local ownership. In fact, the EU policy discourse is replete with references to this principle. While the issue of ownership in wider peacebuilding activities has attracted some scholarly attention in recent years, so far no single study has ventured into 1 In fact, the very concept of SSR was borne out of the post-Cold War reorganization of the European security The three pillars of the European Union, introduced by the Treaty of Maastricht in 1991 were the European Communities, Common Foreign and Security Policy and Justice and Home Affairs. The pillars-structure was abolished by the Treaty of Lisbon which entered into force in 2009. 3 The Lisbon Treaty (2009) renamed the policy into Common Security and Defence Policy (CSDP) 4 For an update overview of completed and on-going CSDP operations please visit: http://www.eeas.europa.eu/csdp/missions-and-operations/ 2 2 the way it has been conceived and practiced in the context of the EU. In this paper, I aim to fill this gap by investigating how the EU narrates the local ownership principle in its support for SSR across different policy and geographic areas and how it has operationalised the principle in practice. To this end I rely on policy documents, internal evaluations as well as independent scholarly literature and make two inter-related arguments. First, I show that local ownership has been conceived in the EU discourse as a government-centric gradual transfer of responsibility for liberal security governance whose scope and pace should depend on the context. Second, I demonstrate that in practice the EU has faced significant obstacles in living up to the principle not only in CSDP missions and operations but also in EC-supported reforms. In the conclusion, I discuss some reasons behind this implementation gap. The structure of the paper is as following. In the first section the existing academic literature on local ownership in EU-supported SSR is reviewed. The second section analyses how local ownership has been narrated in EU policy discourse on SSR. In the final section I scrutinise whether the EU has lived up to its own hype on ownership in practice. 1. Local ownership in SSR activities of the EU: a literature review In the most general sense, local ownership is a principle based on the assumption that international involvement in domestic processes is only viable if it relies on local capacities and leadership. The language of ownership was introduced into the development jargon in the OECD document which stated: “For development to succeed, the people of the countries concerned must be the ‘owners’ of their development policies and programmes” (OECD 1995, 2). In the following years, as the fields of development and security increasingly merged (Duffield 2001, Duffield 2007) the local ownership principle was translated into an idiom of peacebuilding (Brahimi 2000, UN 2001, ICISS 2001, OECD 2007a, b, 2005, UN 2008a, UN 2008b, UNDP 2015). For the UN, local ownership “is not something that is merely desirable or politically correct; it is an imperative, an absolute essential, if peacebuilding is to take root” (UN 2010, 5). The issue of local ownership in peacebuilding in general and SSR in particular has been a subject of growing scholarly interest (Scheye and Peake 2005, Donais 2009, 2008, Chesterman 2007, Brinkerhoff 2007, Nathan 2008, 2007, Wilén 2009, Narten 2008, Bøås and Stig 2010, Oosterveld and Galand 2012, Hellmüller 2012, 2014, Richmond 2012, Gordon 2014, Grøner Krogstad 2014, Lee and Özerdem 2015). In contrast to the enthusiasm about 3 the local ownership principle expressed in policy statements, the academic literature has been much more cautious. Simon Chesterman, for example, has depicted local ownership as a “motherhood statement” that is “used to imply varying degrees of local control that are typically not realized” (Chesterman 2007, 20). While it is beyond the scope of this article to make a thorough review of this fast growing and diverse body of knowledge I will focus in this section on three important debates that clearly stand out.5 The first debate is about to the very concept of local ownership and three distinct perspectives have crystallised over the years. From the liberal point of view, local ownership should be an end-goal of SSR. In order to achieve it, international actors need to gradually transfer responsibility to local authorities by ensuring their buy-in for predefined international standards of liberal security governance. This is, for example, how Boughton and Mourmouras see the local ownership principle: “For a government to own a set of policies does not require that officials think up the policies by themselves, nor that the policies be independent of conditionality. What it does require is for the owner to appreciate the benefits of the policies and to accept responsibility for them” (Boughton and Mourmouras 2002, 3). While this approach has been widespread among policy makers, it has often been criticised by scholars. Such an understanding of local ownership, as Astri Suhrke has pointed out, “accentuates the external origin of the programs; local ownership clearly means ‘their ownership of ‘our ideas”, rather than the other way round” (Suhrke 2007, 1292). From an alternative, communitarian perspective, local ownership should be seen not as an end but as a means of SSR. The communitarian approach construes ownership not as an end but as a means of establishing bottom-up, participatory, legitimate and domestically legitimate peace. Ownership is not a mere buy in, but an authorship of peacebuilding (Donais 2012, 32). In order to achieve it, local actors need to have an authorship over SSR in all of its phases, from design until implementation (Nathan 2008, De Carvalho, De Coning, and Connolly 2014). Several authors have advocated the middle ground between liberalism and communitarianism (Scheye and Peake 2005, Donais 2012). Timothy Donais, for instance, has criticized both approaches as “incomplete strategies for building stable sustainable peace” (Donais 2012, 13). In his view, durable settlements require resources of both outsiders and insiders as well as a process of consensus building between locals and internationals but also among the locals that will lead to a “negotiated hybridity” (Donais 2012, 37). 5 For a thorough review see Bendix and Stanley (2008), Donais (2012). 4 The second debate in the literature has revolved around the question of who the local owners of SSR ought to be, and positions fall along the minimalist-maximalist continuum (Donais 2008, 9). The minimalist approach narrows down ownership to governmental elites and possibly other state actors such as parliaments or judiciary (Killick, Gunatilaka, and Marr 1998, 87). The exclusive focus on elites in the government, a preferred modus operandi of most international donors, has been fiercely critiqued by scholars (Africa 2008, Thiessen 2015, Richmond 2012, Donais 2015, 2012). Such a narrow approach, in the words of Eleanor Gordon, has “negative consequences for capability, responsiveness, legitimacy and accountability of the security sector and undermines the principle of democratic governance that underpins SSR” (Gordon 2014, 129). As an alternative to that, the maximalists advocate the inclusion of civil-society actors (Ismail 2008), grassroots organizations (Nilsson 2015) and even the entire citizenry (Martin and Wilson 2008). Only if the wider group of stakeholders partake in the design, implementation and monitoring of reforms and remain committed to them, i.e. only if there is a genuine societal ownership of reforms, can they be fully legitimate and sustainable. The third debate in the literature has revolved around the implementation of local ownership in SSR. A vast majority of empirical studies have identified serious obstacles in this respect.6 In fact, operationalizing local ownership in practice has been, as Mark Downes and Rory Keane have put it, “one the most complex challenges” facing international assistance to peace and security (Keane and Downes 2012, 2). In order to provide an account why this is so, majority of studies have focused on the features of (post) conflict contexts where SSR is taking place such as divisions among the locals (Donais 2015, 39, Thiessen 2015), activities of paramilitary forces and informal decision makers (Scheye and Peake 2005), lack of local capacity (Chesterman 2007, Hansen 2008, Joseph 2007, Khan and Sharma 2003), political will (Gordon 2014, 128) and responsible leadership (Mackenzie-Smith 2015) necessary for a genuine ownership. Other studies have found the root cause of the rhetoric-practice gap in local ownership at the international side of the equation, including donor’s domestic constraints (Oosterveld and Galand 2012, 201), their underlying assumptions (Sending 2009, De Coning 6 Implementation problems in local ownership were identified in Afghanistan (Sedra 2006, Giustozzi 2008, Jackson 2011, Oosterveld and Galand 2012, Sky 2007, Thiessen 2015), Belize (Scheye and Peake 2005), Bosnia (Knaus and Martin 2003, Merlingen 2013, Perdan 2008, Perry and Keil 2013, Kappler and Lemay-Hébert 2015), Cambodia (Lee and Park 2015), East Timor (Oosterveld and Galand 2012, Lemay‐Hebert 2011), Haiti (Gauthier and Moita 2011), Kosovo (Blease and Qehaja 2013, Kappler and Lemay-Hébert 2015, KFOS 2015, Lemay‐Hebert 2011), Liberia (Bendix and Stanley 2008, Bøås and Stig 2010, Ebo 2007, Pietz and von Carlowitz 2011), Palestine (Friedrich and Luethold 2008), Sierra Leone (Jackson 2011), Somalia (De Coning 2013a), Sri Lanka (Mohamed 2015), South Sudan (Mackenzie-Smith 2015) and Sudan (Shinoda 2015). 5 2013b), poor mutual coordination (Sky 2007), preoccupation with stability (Billerbeck 2015, Blease and Qehaja 2013, Brinkerhoff 2007, Hansen and Wiharta 2007) and high-politics (Leonardsson and Rudd 2015, Mac Ginty and Richmond 2013, Roberts 2011). In recent years, a special niche of interest for EU support for SSR has grown within a wider field of EU foreign policy studies (Perdan 2008, Altwicker and Wieczorek 2015, DursunOzkanca and Vandemoortele 2012, Faleg 2012, Larivé 2012, Simons 2012, Tholens 2012, Freire and Simão 2013, Dursun-Ozkanca and Crossley-Frolick 2012, Bossong and Benner 2010, Bloching and Gya 2011, Moore 2014, Ioannides and Collantes-Celador 2011, CollantesCelador et al. 2011). This literature is replete with examples of poor implementation of the local ownership principle, some of which will be discussed below. However, while these studies have offered valuable insights into the challenges within particular CSDP operations or in particular EC-supported programs, they have stopped short of providing a comprehensive analysis. How is local ownership in SSR narrated across different policies of the EU? Is there any difference in the way this principle has been construed by different EU institutions? Has there been a gap between EU rhetoric of local ownership and its practice of SSR? What are the key challenges in the practical implementation of this principle? These questions have so far been mostly overlooked in the extant literature and it is to them that I turn in the remainder of this paper. 2. The Rhetoric of the Local Ownership Principle in EU’s Support for SSR Since the late 1990s, the language of local ownership has permeated policy discourses of the EU. To begin with, it has been declared as one of the key principles of the EU development policy. According to the European Consensus on Development, local ownership means that “Developing countries have the primary responsibility for creating an enabling domestic environment for mobilising their own resources, including conducting coherent and effective policies” while together with the EU they “share responsibility and accountability for their joint efforts in partnership” (EU 2006d, 14). The local ownership principle has also been adopted as the core principle of EU’s approach to conflict prevention. Thus for example, the EC states in 2001 that “it is now well recognised that ownership is a condition for success, allowing for consideration of countries’ own situation, history and culture” (EU 6 2001, 10). Consequently, the EU has integrated the principle of ownership into its regional approaches. For example, in Africa the EU has promoted the concept of “African ownership” but also in the Western Balkans where it has strongly encouraged countries to take over responsibility for regional cooperation (Warleigh-Lack, Robinson, and Rosamond 2011). The principle of local ownership has also shaped the EU policy rhetoric on SSR. The EU has codified its approach to SSR in a number of documents. The two most important ones in that respect are: “EU Concept for ESDP Support to SSR” (EU 2005) and “A Concept for European Community Support for Security Sector Reform” (EU 2006a). The approaches spelled out in those two documents, one by Council and the other by the Commission, were integrated into a single framework in “Draft Council Conclusions on a Policy Framework for Security” (EU 2006b). In addition to these three documents, the EU has adopted numerous other documents that have further articulated EU’s approach to SSR.7 All these documents draw on the OECD-DAC Guidelines and construe SSR as a process that should be driven by liberal norms such as human rights, rule of law, transparency and democracy (OECD 2005). Moreover, these documents have also adopted a holistic understanding of the security sector composed of the core security sector actors, security management and oversight bodies, justice and law enforcement agencies and non-statutory actors (EU 2005, 5, 2006a, 5). For both bodies, SSR is seen as a tool of conflict prevention, post-conflict reconstruction and sustainable development (EU 2006a, 3, 2005, 5-8, 2008, 8). For the Council, whose concept of SSR is tailored for the purpose of crisis management, the focus is on capacity building: “Security sector reform seeks to increase the ability of a state to meet the range of both internal and external security needs in a manner consistent with democratic norms and sound principles of good governance, human rights, transparency and the rule of law” (EU 2005, 9). In contrast to this, the lion share of the Commission’s support to SSR is meant to take place in stabilizing and stable contexts. Consequently, in its understanding of SSR the Commission has emphasised transformation: Security system reform means transforming the security system, which includes all these 7 Official documents: Operational Guidelines for Monitoring, Mentoring and Advising in Civilian CSDP missions (EU 2014); EU Concept for support to Disarmament, Demobilisation and Reintegration (EU 2006c) Basic Guidelines for Crisis Management Missions in the Field of Civilian Administration (EU 2002); Handbook for Police Officers deploying to EU Police Missions (EU 2003b); Security Sector Reform – draft document on deployable European expert teams (EU 2009); Joint Communication to the European Parliament and the Council: Elements for an EU-wide Strategic Framework for Supporting Security Sector Reform (SSR) (EU 2015). Guidelines for identification and implementation of lessons learned and best practices in civilian ESDP missions (EU 2008); EU Comprehensive Concept for Strengthening of Local Police Missions (EU 2003a); Training Requirements relevant to ESDP - Review 2007 (EU 2007). 7 actors, their roles, responsibilities and actions, working together to manage and operate the system in a manner that is consistent with democratic norms and sound principles of good governance (EU 2006a, 6). Across the EU documents, SSR has been construed as a long-term process (EU 2006a, 3, 2005, 9). However, for the council, SSR is primarily an “instrument to prevent conflict in fragile states. It is also a core task in countries emerging from conflict” but can also be used as “a central element of the broader institution-building and reform efforts in countries in a more stable environment” (EU 2005, 8). CSDP missions are conceived as instruments that can foster this linear process of stabilisation. They too are foreseen to progress in phases such as activation; development and consolidation in case of the rule of law missions (EU 2003a, 12-13) or initial, stabilisation and final phase in police missions with a mandate to substitute local authorities (EU 2003b, 7). In contrast to this, the Commission has tailored its concept for reforms “in relatively stable environments” and “in countries undergoing transition and long-term democratisation processes” but also “in countries in immediate post-conflict and in longer-term postconflict peace building and reconstruction processes” (EU 2006a, 6). One of the mainstays of EU’s support to SSR, upon which most of these documents have insisted, is that reforms need to be locally owned. One document has described local ownership as a principle “inherent to European approach to international relations” (2008: 3). Nevertheless, the principle of local ownership is rarely elaborated. The most detailed discussion on ownership (half a page) is contained in the Council’s 2005 document. It has defined ownership as a hybrid process that is negotiated between internationals and locals. For the Council, local ownership is: the appropriation by the local authorities of the commonly agreed objectives and principles. This includes the commitment of the local authorities to actions on the ground, including their active support of the implementation of the SSR mission’s mandate; implementation and sustainability of SSR are their responsibility” (EU 2005: 11). On a closer reading of this and other EU documents, a slightly more complex narrative emerges. In fact, the understanding of ownership that permeates EU documents depends on the context in which SSR is to be undertaken. In the conflict or immediate conflict scenario (EU 2005, 12), but also in the activation phase of crisis management operations (EU 2003a, 4) and other “exceptional situations”, the EU is expected to “assume the role of local authority” (EU 2006c, 20) and “pave the way for long-term country owned SSR reforms 8 based on a participatory and democratic process” (EU 2005, 4). As the situation stabilizes and/or the mission on the ground consolidates, local stakeholders are expected to assume a greater degree of ownership. In a stable scenario (EU 2005, 13), or in a consolidation phase of an EU operation, the aim is to achieve a “full local ownership” which “should be the aim and a basis for the exit strategy of the mission […]”(EU 2003a, 4). In the final stage of police missions with an executive mandate, a new-born local police is expected to assume full responsibilities (EU 2003b, 8). Several EU documents have acknowledged a potential tension between the liberal norms underpinning SSR, labelled as the European norms” (EU 2014) on the one hand and the principle of local ownership on the other. The EU narrative alleviates the tension in two moves. First, by explicitly stating that insistence on these norms by the EU does not contravene ownership because: “Inviting the EU to assist in these efforts implies acceptance of the above mentioned values and the will of the local authorities to enforce them” (EU 2014, 11). Second, even if local stakeholders don't have the capacity or the will to comply with the “European norms” now, they are expected to gradually buy into them. The Council, for example, states: “Although these standards might not be fully applied by the partner state concerned at the time when the EU is considering to bring support a commitment to fully apply them should be sought by the EU” (EU 2005, 10). With respect to the question “who the local owners are”, the EU documents have advocated a holistic but flexible approach. It is holistic because it includes various sectors of governance but also flexible as it calls for adjustment “to circumstances on the ground” (EU 2006a, 10). This, among other things, means that the EU doesn’t work only with statutory bodies and civil-society but also with non-statutory defence and police forces (EU 2005, 1314). The choice of partners, at least when the policy discourse is concerned, needs to be adapted to the context as well. In a conflict or immediate post-conflict scenario the EU documents have mostly recognized local authorities as those with whom the EU should negotiate and agree the future course of reforms. Thus, for example, the Council document which deals with SSR within CSDP operations only mentions local and national authorities (EU 2005, 7). In contrast to this, the Commission has identified a much broader set of actors who should buy-into the process that should encompasses different “national and regional stakeholders” and in particular “civil society and other non-state structures of governance” (EU 2006a, 7). Finally, across the EU documents, the agency of identifying stakeholders in any particular context implicitly seems to remain the sole purview of the EU. “Identifying all relevant and legitimate national, regional and local partners” according to the Council “is a 9 delicate but important requirement” (EU 2014, 11). In various documents, the EU has stressed the importance of getting the local context right. Before launching rule of law missions, for example, the EU foresees dispatching of fact finding missions (EU 2002, 8). Their goal is to accurately assess local situation, legal system and practices as well as lessons learned in previous international assistance (8-9). The composition of these missions is another tell-tale aspect of EU’s approach to SSR. According to these guidelines for civilian missions, fact-finding mission require “a wide variety of rule of law expertise, including judges, prosecutors, correctional officers and defence lawyers” while “Experience from participation in previous missions will be an advantage” (p. 9). The document doesn’t mention area study experts. This clearly suggests that the EU makes its context assessment through functionalist lenses and benchmarks that are relevant from the European but not necessarily from the local vintage point. The privileging of the sectoral and functionalist knowledge over the contextual one, is present in other documents too (EU 2005, 18, 2007).8 According to a comprehensive list of training requirements for EU crisis management operations, EU decision-makers, both civilians and military, are to receive mission specific knowledge such as cultural awareness, terrorist threats, human rights and language, only at the tactical level. Nevertheless, strategic and operational levels of training don’t require context-specific knowledge. Instead, training at these levels relies exclusively on the knowledge about the EU itself such as CFSP, CSDP, EU instruments, capabilities and financial aspects or about different aspects of liberal security sector governance (EU 2007, 20). In sum, the EU documents have construed SSR as a long-term, linear and phasic process of security sector transformation driven by liberal norms that is meant to foster democracy, support development, prevent conflict and help in post-conflict reconstruction. According to the EU policy jargon, local ownership should be one of the key principles of SSR. In conflict affected or unstable environments, local ownership is portrayed as a gradual transfer of responsibility for SSR from external actors to local authorities. In stable contexts, when locals fully accept the normative bedrock of SSR and have the minimum of necessary capacities to comply, ownership is construed as locally driven and inclusive process while the EU continues to pay and monitor further consolidation of reforms. 3. The Practice of the Local Ownership Principle in EU’s Support for SSR 8 This has been one of the prevalent features of peacebuilding practices more widely (Sending 2009). 10 In this section I analyze practical implementation of the local ownership principle in EU supported SSR. In particular, I investigate how the principle has been operationalized in different policy contexts and various geographical areas. Unsurprisingly, in its official statements, the EU has often taken pride that its support to SSR has been fully in line with the local ownership principle. CSDP mission factsheets, internet presentations and reports are full of words of self-praise how the EU actions have been “based on democratic participation and local ownership” (ICO 2012, 40). In contrast to this, independent assessments have identified serious implementation problems. Some CSDP operations have indeed managed to respect local ownership rather successfully such as AMM Aceh (Tholens 2012). Others like EULEX have raised high-hopes in terms overcoming imposition that had characterised the mission that preceded it (UNMIK) but failed to fully meet the expectations (Ioannides and Collantes-Celador 2011). The reverse seems to have been the case in EUPOL COPPS, where local ownership over the process has significantly increased over time (Schroeder, Chappuis, and Kocak 2013, 386). A few operations, like those in Congo for example, have utterly failed to achieve local ownership (Rayroux and Wilén 2014, Grevi, Helly, and Keohane 2009, EU 2011). As a result, the EU’s rhetorical insistence on local ownership has been criticized as a mere cover for what is a practice of imposition. At best, the EU’s approach to local ownership has been described as a mere buy-in where Brussels decides the goals and the parameters of reforms while the locals take the responsibility for implementation. Instead of a genuine ownership over reforms (in Bosnia) the EU approach, according to Vandermoortele, “was to initiate the reform and to define its parameters and then to delegate the implementation process” (Vandemoortele 2012, 207). At worst, the EU rhetoric of local ownership has been described as a cover for imperial ambitions. For David Chandler, “it is clear that the promotion of ownership is being pushed by the EU itself and does not involve any real equality of input over policy guidelines” (Chandler 2006, 104, Merlingen 2007, Merlingen and Ostrauskaite 2005b, a). The implementation record of the local ownership principle is undoubtedly underwhelming and six problems stand out. First, the EU has had particular challenges in achieving local ownership in volatile and unstable environments. In contrast to stable situations where the EU was able to afford time and resources to focus on democracy and development, in unstable contexts it has prioritized stability and its own public image. With 11 an average duration of 3.6 years, CSDP operations that have a mandate to support SSR often don’t have sufficient time to build comprehensive partnerships with the widest range of local stakeholders.9 The EU Rule of Law Mission in Kosovo (EULEX) is an example of a mission where concerns about stability and a fear from being seen as a failure have hampered a greater degree of local ownership. As Keukeleire, Kalaja and Çollaku have written, the reluctance of EULEX to give a larger role to the Kosovan actors and consequently to implement the ownership principle is inspired by what we can call the “success paradigm” and “stability paradigm” (Keukeleire, Kalaja, and Çollaku 2011, 195). It has indeed gradually ceded control to local authorities, but the entire process was designed, steered and imposed from the outside while the wider society was excluded from the process (Bossong and Benner 2010, Blease and Qehaja 2013, KFOS 2015). Second, an important impediment to the local ownership principle in CSDP interventions has been the executive mandate in certain operations.10 As Ginsberg and Penksa have rightly observed, “crisis management operations with an executive mandate are carried out with a ‘power over’ approach rather than through collaborative partnerships” (Ginsberg and Penksa 2012, 112). It is unsurprising that EULEX, which is the only civilian mission with an executive mandate and also the biggest CSDP intervention ever, has often been criticized for imposition and poor local ownership (Kappler and Lemay-Hébert 2015, KFOS 2015, Collantes-Celador et al. 2011, Bossong and Benner 2010).11 While the mission proudly boasts on its website that all of its activities are “fully in line with the principle of local ownership” independent assessments have shown that the reality is starkly different. In addition to the executive mandate that EULEX still has in the North, the EU wields enormous influence over domestic affairs, sometimes directly undermining the ownership principle 9 The average duration was calculated based on 11 missions with a mandate to support SSR that were completed as of June 2016: EUPM Bosnia, EUPAT Macedonia, AMM Aceh, EUAVSEC South Sudan, EUJUST Lex Iraq, EUJUST Themis Georgia, EU AMIS Sudan, EUPOL RD Congo, EUPOL Proxima, EUPOL Kinshasa and EUSSR Guinea Bissau. 10 All CSDP interventions can either have an executive or non-executive mandate. While an executive mandate implies actions in replacement of the host nation, in a non-executive mandate, the EU is supporting the host nation in an advisory role. All civilian CSDP interventions are called missions, regardless of their mandate. Military interventions can either have an executive mandate, and in this case they are called operations, or nonexecutive mandate when they are called missions. So far there have been eight military operations (EUFOR Althea, EUNAVFOR Sophia, EUNAVFOR Atalanta, EUFOR Tchad, EUFOR RD Congo, EUFOR RCA, Artemis Congo, Concordia FYROM) and one civilian mission with an executive mandate (EULEX). In common parlance, all CSDP interventions are sometimes called “operations”. 11 EULEX was launched in 2008. Up until 2012, in addition to its role to Monitor, Mentor, and Advise (MMA) the Kosovan police, judiciary and custom EULEX also had executive mandate in the field of organized crime and war crimes. Since 2012, EULEX has significantly reduced its executive mandate which is confined to the North and has focused solely on MMA activities. The new mandate due to start in June 2016 is expected to further reduce or abolish executive functions of EULEX. 12 (Blease and Qehaja 2013). Third, across CSDP missions and operations, the EU has invested efforts into ensuring a buy-in of the top brass of the executive power while stopping short of including wider circle of state and non-state actors. For starters, CSDP police missions have been following the topdown approach in which senior EU police officials have been co-located with their opposite numbers in national institutions. The failure to ensure trust and buy-in of lower levels of police authority has been one of the reasons behind persistent implementation problems in civilian CSDP missions (Moore 2014). Moreover, it has been demonstrated that CSDP have failed to engage wider civil-society. In Bosnia, for instance, the EUPM hasn’t reached out to civil-society. This mistake was partially alleviated in EULEX Kosovo although the mission has only been consulting civil society on an ad hoc basis (Ginsberg and Penksa 2012). The evidence on the degree of local ownership in other CSDP missions and operations is scant. However, it is safe to assume that if societal ownership of SSR is in short supply in Bosnia and Kosovo, two countries where the EU has the longest and the most comprehensive presence, the situation in Africa or Middle East may only be worse. As Ginsberg and Penksa conclude: “CSDP personnel need to find appropriate entry points with domestic authorities, parliaments, and civil society […] (Ginsberg and Penksa 2012, 116). The weak societal ownership has been one of the major shortcomings of SSR programs supported by the EC as well. According to an impact assessment study that covered the entire support to SSR in 2001-2009,12 the EC has aligned its programs with “partner governments’ priorities though these were not necessarily responsive to the preferences and needs of citizens and other interest groups” (Particip 2011, ii). Moreover, the EC sought input by partner state bodies in all phases of project cycle “but involvement of civil society representatives remained limited.” (27). Finally, the lion share of EC support to SSR has been invested in state institution-building while a meagre 3% of total support has addressed civilian oversight of the security sector (37). The low participation of civil-society in EUsupported SSR has been attributed to the weakness of civil society as was the case in some sub-Saharan countries or reluctance of governments to include non-state actors as was the case in Nicaragua, Syria or Tunisia (30). Fourth, the EU support to SSR has often been unadjusted to local contexts both in CSDP and EC-supported actions. This is particularly emphasized in CSDP missions and operations 12 Excluding the action supported by DG Enlargement 13 in which there is often a problem of understaffing (Bloching and Gya 2011, 16) and high rate of staff turnover (EU 2011, 22).13 Seconded civil servants spend a little time in the field, sometimes as short as six months, which is clearly not enough to be properly familiarized with the local political context, let alone with its culture and society. In case of Somalia, the EU has been operating for years from Uganda and Kenya without a proper presence in the country. “This means” one report concludes “that local knowledge, and expertise on local and country settings, is scarce or absent” (EU 2013, 19). Reforms of the security sector supported by the European Commission too have suffered from the lack of local input and overreliance on external consultants (Particip 2011, 41). These programs have often been overly focused on capacity building while neglecting the needs of the local population. According to an internal review of EC support to justice and the rule of law, “this has also sometimes encouraged transplants of foreign legal frameworks and institutional setups, which might not be appropriate in all contexts” (EU 2012, 7). Fifth, centralization of decision-making in Brussels has hampered autonomy of the mission on the ground. When all decisions are made in Brussels, the mission has less leeway to adapt to the fast changing context on the ground (Dursun-Ozkanca and Vandemoortele 2012, 148). Slow decision making in Brussels, and no feedback-loop, curb operational autonomy, as it has been illustrated well in the case of EUPOL Afghanistan (Larivé 2012, 194). The Commission-backed SSR programs haven’t been spared from this problem either. Slow and inflexible decision-making in the EC have negatively impacted service delivery of various SSR programs. As one internal assessment concluded: The very long and bureaucratic Commission project formulation and approval process often worked against national ownership […] When eventually a Decision was made the situation on the ground had often changed and it was difficult to adapt projects and in this way secure buy-in by local actors (Particip 2011, 28). It should be noted, however, that the degree of domestic involvement and responsibility has proved to be higher in countries where the European Commission used the modality of sector budget support. In contrast to project budget support, where donors wield significant control over the project design, management and implementation, in sector budget support objectives and performance indicators of the reforms are jointly agreed and implementation is fully a 13 This problem has been noted in EULEX (KFOS 2015, 15), EUJUST Themis (Simons 2012, 282), EUPOL Proxima and EUPAT (Grevi, Helly, and Keohane 2009, 194), EUPOL Afghanistan (Bloching and Gya 2011, 194). 14 responsibility of local authorities (Particip 2011, 29). Incoherence in the EU has also hindered the implementation of the local ownership principle. This first and foremost concerns the institutional coherence between the Council and the Commission. In Bosnia, for example, as Merlingen has put it, “bad blood between the Althea and EUPM leadership, with the latter complaining that the ‘executive’ approach of the military undermined its capacity-building approach based on local ownership” (Grevi, Helly, and Keohane 2009, 164). The rivalry between the Council and the Commission led to an incoherence between interventionism and local ownership as a persistent feature of the EU approach in Bosnia (Tolksdorf 2014). But vertical incoherence, between member states and the EU, has in some cases hampered local ownership too. This was the case, for example, in Kosovo which has been recognized as an independent state by 25 out 28 EU member states. However, because five of them haven’t recognized Kosovo and because Serbia has been fiercely objecting the move, EULEX mission has from the very start been committed, rhetorically at least, to neutral policy. Consequently, the transfer of authority to local institutions have been politically complicated and slowed down (KFOS 2015, 19). Finally, in some cases it is local actors who simply resisted cooperating or taking ownership. Rayroux and Wilen have argued that this was the case in DRC, where EU SSR efforts have been hampered by the ability of local actors to resist reforms (Rayroux and Wilén 2014). A similar problem has been observed in EUPOL Afghanistan. As former Head of Mission Nigel Thomas has put it: Afghans were ”quite happy to sit in the background and let everything be pushed for them rather than grasping it and pushing it forward themselves and taking ownership for a lot of the issues” (HoL 2011: 15). The objectives set for SSR by the EU have often not been the priority of political elites in Kosovo and Bosnia either. Faced with domestic resistance to reforms, the EU had to use heavy hand and impose solutions either through conditionality policy or simply by decree (Collantes-Celador et al. 2011, 149). Conclusion In the past two decades or so, the EU has supported SSR in two thirds of the UN member states. In doing so, the EU has been the main engine behind post-cold war efforts to democratise security governance in conflict affected and developing countries. Working on 15 the assumption that the SSR is a useful tool of conflict prevention and peace building, the EU has been investing considerable efforts to change national security “software” in fragile and developing countries on the global scale. One of the key principles of its support to SSR has been that reforms need to be locally owned. In the EU policy jargon, the principle entails am elite buy-into the liberal reforms of the security sector and in case of conflict affected countries a gradual transfer of responsibility for these reforms, from the EU to local authorities. In reality, however, the local ownership principle has proven to be the most challenging aspect of EU supported SSR. Expectedly, the degree of control that domestic political actors have wielded over EU-supported reforms has been greater, albeit far from desirable, in stable environments than amidst conflict or in its immediate aftermath. Consequently, local ownership has been considerably more difficult to achieve within CSDP missions, which by default operate in conflict-affected countries and have far less time or local capacities at the disposal. The challenge of establishing local ownership in CSDP missions is further compounded if they have an executive mandate that is by default antithetical to ownership. Why this has been the case? One reason behind the disappointing results might be unrealistic expectations. The academic culture of criticism had indeed made “autopsying failure”, as Scheye and Peake have noted, “sexier than diagnosing success” (Scheye and Peake 2005, 255). However, this is not the whole story and an important factor behind the implementation gap in EU support to SSR has to do with flaws in the EU policy. Brusselisation of decision-making and lack of horizontal and vertical coherence have undoubtedly hampered the EU to live up to its own standards and ambitions in the past. The long awaited EU-wide strategic framework for Security Sector Reform which is due in mid2016 may remove some of the flaws in EU SSR policy but will note make them all disappear. Some of those flaws stem from the very nature of the EU as a supranational organisation and will hardly be overcome with a mere policy adjustment. Finally, the implementation gap is certainly also the result of “a fundamental tension between the idea of local ownership and shared values underlying SSR” (Jackson 2011, 1809). 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