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SECURITY SECTOR REFORM

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					U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT
U.S. DEPARTMENT OF DEFENSE
U.S. DEPARTMENT OF STATE




SECURITY SECTOR
REFORM
PREFACE
This paper provides Department of State, Department             • Improvement of civilian management, leadership,
of Defense (DoD), and United States Agency for                  oversight, planning, and budgeting capacities,
International Development (USAID) practitioners                 • Enhancement of coordination and cooperation
with guidelines for planning and implementing Security          among security-related and civil institutions; and,
Sector Reform (SSR) programs with foreign partner               • Management of the legacies and sources of past or
nations. SSR refers to reform efforts directed at the           present conflict or insecurity.
institutions, processes, and forces that provide security
and promote the rule of law. Over the past decade,              Experience suggests that integrating these different
the U.S. Government (USG), along with like-minded               lines of operation into a comprehensive package–in
bilateral and multilateral donors, has begun to develop         support of U.S. and partner nation priorities–
a more comprehensive approach to SSR by better                  ultimately proves more successful and sustainable.
integrating its defense, development, and diplomatic            Where we have pursued more holistic approaches–
tools and resources. The objective of this new                  for example, in supporting the democratization of
approach is to assist partner governments to provide            countries such as Poland, Hungary, or Czech Republic;
effective, legitimate, and accountable security for their       through U.S. security and development assistance
citizens. In so doing, SSR assists these governments to         in support of Plan Colombia; or in post-conflict
respond appropriately to threats within and outside             reconstruction efforts such as in El Salvador–we have
their borders.                                                  helped partners to transform their security sectors in
                                                                ways that have had a direct, positive, and sustainable
This paper is designed to guide practitioners at                impact.
the Department of State, DoD, and USAID in
their implementation of current foreign assistance              The guidance contained in this document draws on a
approaches to security and development. Forces                  range of diplomatic, defense, and development assets
enhanced through traditional security assistance                to support SSR in partner governments and reflects
comprised of equipment and training can better                  international best practices. Although this paper
carry out their responsibilities if the institutional and       applies to the Department of State, DoD, and USAID,
governance frameworks necessary to sustain them are             SSR is a whole-of-government effort and requires the
equally well-developed. Development assistance also             full support of all Federal departments and agencies
benefits from being fully coordinated with security-             with an SSR role. This document complements related
related assistance, as development is at risk without           efforts such as implementation of NSPD-44 and
basic security. The increasingly complex threats facing         Transformational Diplomacy by clarifying guidance
our partners and our own nation urgently require that           for the reform, restructuring, and re-establishment
we address the linkages among security, governance,             of partner security and justice institutions. The most
development, and conflict in more comprehensive and              successful outcomes will result only if the activities
sustainable ways.                                               of other USG departments and agencies are fully
                                                                integrated in a comprehensive approach to support
In addition to building professional security forces, SSR       SSR. The complex and enduring characteristics of SSR
programs support the:                                           demand an approach that capitalizes on the strengths
                                                                of collective expertise in the USG. This document is
• Establishment of relevant legal and policy                    a first step toward ensuring the success of our SSR
frameworks,                                                     efforts as well as the success of our partners.


                                                            1
SECURITY SECTOR REFORM (SSR)
                                                                              services; community security; and
                                                                              disarmament, demobilization, and
   PURPOSE                                                                    reintegration (DDR). Program
                                                                              design–including sequencing and
                                                                              prioritization–should be undertaken
   This document provides Department of State,
                                                                              with full consideration of country
   DoD, and USAID practitioners with guidelines                               context and circumstance.
   for coordinating, planning, and implementing SSR
   programs with foreign partner nations. The objective                       The USG is not alone in its
   of this paper is to provide guidance on how best to                        pursuit of comprehensive
                                                                              approaches to SSR. The United
   design, develop, and deliver foreign assistance such
                                                                              Nations (UN) is integrating SSR
   that it promotes effective, legitimate, transparent, and                   across different UN offices and
   accountable security sector development in partner                         agencies, including the United
   states.                                                                    Nations Development Program
                                                                              (UNDP) and the United Nations
                                                                              Department of Peacekeeping
                                                                              Operations (UNDPKO).2 The
                                       assistance providers to respond        North Atlantic Treaty Organization
INTRODUCTION                           to national strategic guidance         (NATO), the European Union (EU),
                                       and transform our approaches           the Organization for Economic
SSR emerged as a discipline over
                                       towards cooperation, partnership       Cooperation and Development
the last decade in recognition of
                                       capacity building, stabilization and   (OECD), and major bilateral
the changing international security
                                       reconstruction, and engagement.        donors have advanced a more
environment and the limitations
                                       Accordingly, the principles            holistic SSR concept through
of existing donor approaches. SSR
                                       contained in this paper guide          combined funding mechanisms and
builds on the USG’s longstanding
                                       relevant actors to conduct security-   enhanced collaboration among
tradition of working in partnership
                                       related engagement in more             defense and development agencies.
with foreign governments               holistic, integrated ways.
and organizations to support                                                  In April 2004, USAID endorsed the
peace, security, and democratic                                               OECD/Development Assistance
                                       The U.S. foreign assistance
governance globally.                                                          Committee’s publication, Security
                                       framework1 identifies SSR as a
                                                                              System Reform and Governance: Policy
                                       key program area in support of
The 2006 U.S. National Security        the Peace and Security foreign         and Good Practice on behalf of the
Strategy stated that the goal of       policy objective and security          U.S. Government.3
U.S. statecraft is “to help create a   sector governance as a program
world of democratic, well-governed     element in support of the
states that can meet the needs         Governing Justly and Democratically
                                                                              OBJECTIVE
of their citizens and conduct          foreign policy objective. SSR is
themselves responsibly in the                                                 The Department of State, DoD, and
                                       an ongoing process and may be
international system.” SSR can help                                           USAID should pursue integrated
                                       an appropriate engagement for
achieve that objective, reinforce      countries in each of the foreign       SSR strategies and programs. The
U.S. diplomatic, development, and      assistance country categories. SSR     objective is to design, develop, and
defense priorities, and reduce long-   may include activities in support      deliver foreign assistance such that
term threats to U.S. security by       of security force and intelligence     it promotes effective, legitimate,
helping to build stable, prosperous,   reform; justice sector reform;         transparent, and accountable
and peaceful societies beyond our      civilian oversight and management      security and development in
borders. SSR enables U.S. foreign      of military and intelligence           partner states.


                                                        2
ROLES AND                               agencies in Washington, D.C. as           and armed forces reform; civilian
                                        well as through country teams             management and oversight; justice;
RESPONSIBILITIES                        consistent with Chief of Mission          police; corrections; intelligence
                                        authority.                                reform; national security planning
The Department of State                                                           and strategy support; border
leads U.S. interagency policy           While the Department of State             management; disarmament,
initiatives and oversees policy and     has lead responsibility, it, along with
                                                                                  demobilization and reintegration
programmatic support to SSR             DoD and USAID, offer different
                                                                                  (DDR); and/or reduction of armed
through its bureaus, offices, and        competencies, capabilities, and
overseas missions as directed by                                                  violence.
                                        approaches. Although there may be
NSPD-1, and leads integrated USG        scenarios in which these respective
reconstruction and stabilization        competencies may overlap–                 The security sector includes both
efforts as directed by NSPD-            particularly in non-permissive            military and civilian organizations,
44. The Department of State’s           environments–SSR programs                 and personnel operating at the
responsibilities also include           benefit most from full cooperation         international, regional, national,
oversight of other USG foreign          between institutions and should           and/or sub-national level. Security
policy and programming that may         be designed to capitalize on the          actors may include the following:
have an impact on the security          comparative advantages of each.
sector.                                                                             • State Security Providers.
                                        Equally important, each department          Military forces; civilian police;
DoD’s primary role in SSR               or agency’s engagement is                   specialized police units; formed
is supporting the reform,               undertaken consistent with U.S.             police units; presidential guards;
restructuring, or re-establishment      laws, regulations, and funding              intelligence services; coast
of the armed forces and the             mechanisms, within the funding              guards; border guards; customs
defense sector across the               resources available to each                 authorities; highway police;
operational spectrum.                   agency for such purposes.5                  reserve or local security units;
                                        SSR planners should routinely               civil defense units; national
USAID’s primary SSR role                consult their general counsel               guards and government militias,
is to support governance,               and budget resource managers                and corrections officers, among
conflict mitigation and response,        prior to and during SSR program             others.
reintegration and reconciliation,
                                        implementation.
and rule of law programs aimed at
building civilian capacity to manage,                                               • Governmental Security
                                                                                    Management and Oversight
oversee, and provide security and       DEFINITIONS                                 Bodies. The office of the
justice.
                                        AND TERMS                                   Executive (e.g., President, Prime
Effective SSR programs should                                                       Minister); national security
draw on the capabilities existent       Security Sector Reform6 is                  advisory bodies; ministries of
across the USG, where appropriate.      the set of policies, plans, programs,       defense, public administration,
In addition to the Department           and activities that a government            interior, justice, and foreign
of State, DoD, and USAID, other         undertakes to improve the way               affairs; the judiciary; financial
USG departments and agencies            it provides safety, security, and           management bodies (e.g.,
provide important capabilities in       justice. The overall objective is to        finance ministries, budget offices,
the conduct of SSR programs. In         provide these services in a way             comptrollers general, and financial
particular, the Departments of          that promotes an effective and              audit and planning units); the
Justice (DoJ), Homeland Security,       legitimate public service that is           legislature; local government
Energy, and Treasury may play           transparent, accountable to civilian        authorities (e.g., governors and
substantial or leading roles in the     authority, and responsive to the            municipal councils); institutional
development and execution of SSR        needs of the public. From a donor           professional standards authorities,
and rule of law programs.4 These        perspective, SSR is an umbrella             auditing bodies, and official public
programs should be coordinated          term that might include integrated          complaints commissions; among
among the departments and               activities in support of: defense           others.


                                                           3
 • Civil Society. Professional
 organizations; civilian review
 boards; policy analysis
 organizations (e.g., think tanks
 and universities); advocacy                   GUIDING PRINCIPLES
 organizations; human rights
 commissions and ombudsmen;                    » Support Host Nation Ownership
 non-governmental organizations
 (NGOs); media; and other                      » Incorporate Principles of Good
 actors. In addition to monitoring               Governance and Respect for
 security actor performance,                     Human Rights
 civil society actors articulate
 the public demand for safety
 and security. In some cases,
                                               » Balance Operational Support with
 particularly where a national
                                                 Institutional Reform
 government’s capacity may be
 limited, civil society and other              » Link Security and Justice
 non-state actors may also
 serve functions that provide                  » Foster Transparency
 some degree of security and
 justice to local communities or               » Do No Harm
 constituents.

 • Non-State Providers of
 Justice and Security. This
 category encompasses a broad
 range of actors with varying
 degrees of legal status and         effective, equitable, responsive,         GUIDING
 legitimacy. Unaccountable non-      transparent, and accountable
 state actors or illicit power       management of public affairs and          PRINCIPLES
 structures may engender human       resources – and the rule of law are
 rights abuses and facilitate        essential to an effective security        Effective U.S. SSR programs
 inappropriate links between         sector. Democratic and effective          with foreign partner nations
 the private and public security                                               require unity of effort and vision
                                     security sector governance expands
 sector and political parties,                                                 across all agencies, organizations,
                                     the concept of civilian “control” to
 state agencies, paramilitary                                                  institutions, and forces contributing
                                     include administration, management,
 organizations, and organized                                                  to the reform process. SSR is
 crime. Local actors, such as
                                     fiscal responsibility, policy
                                                                               a cooperative activity, which is
 informal and/or traditional         formulation, and service delivery.
                                                                               conducted with agencies of the
 justice systems or community                                                  USG, international organizations
 watch groups, may conversely        Rule of Law is a principle under
                                                                               (IOs), non-governmental
 offer a stabilizing effect in       which all persons, institutions, and
                                                                               organizations (NGOs), multinational
 conflict and post-conflict            entities, public and private, including   partners, and the host nation.
 settings.                           the state itself, are accountable to      Holistic programs that consider the
                                     laws that are publicly promulgated,       contributions of all actors and the
Security Sector Governance           equally enforced, and independently       connections among organizations,
is the transparent, accountable,     adjudicated, and which are                sectors, and actors can increase the
and legitimate management and        consistent with international human       chances of success, minimize the
oversight of security policy and     rights law.7 The desired outcome          impact of unforeseen developments,
practice. Fundamental to all SSR     of SSR programs is an effective and       and ensure the most effective use
engagement is the recognition        legitimate security sector that is        of scarce U.S. resources for these
that good governance – the           firmly rooted within the rule of law.      purposes. The following principles


                                                       4
should assist practitioners to design   confidence.Vetting is routinely          should operate as an integral part
and coordinate effective, holistic      done prior to giving provisional        of the justice system and directly
SSR programs.                           assistance or training to security      support other parts of the justice
                                        forces. Likewise, SSR programs          sector, including the courts and
Support Host Nation                     must incorporate an explicit focus      corrections institutions. Assistance
Ownership. The principles,              on security sector governance.          to the police and other state
policies, laws, and structures that     Strengthening the overall legal,        security providers may need to be
form an SSR program must be             policy, and budgetary frameworks        complemented with other efforts
informed by the host nation’s           should be an important component        to strengthen these institutions, to
history, culture, legal framework,      of any country’s SSR agenda.            avoid unintended consequences
and institutions. As a result, the                                              and to ensure that the security
needs, priorities, and circumstances    Balance Operational Support
                                                                                forces operate according to the
driving SSR will differ substantially   with Institutional Reform.
                                                                                law. Experience demonstrates, for
from one country to another.            Incentives, processes, resources,
                                                                                example, that police assistance
Accounting for the basic security       and structures must be put in
                                                                                undertaken absent efforts to
concerns of the host nation             place so that externally supported
                                        reforms, resources, and capacities      strengthen other parts of the
population is essential for attaining
buy-in and is essential to the          are sustained after assistance          justice system can lead to increased
success of SSR programs. To ensure      ends. Equal emphasis should be          arrests without the necessary
the sustainability of reforms,          placed on how the forces and            means to adjudicate cases, or
assistance should be designed           actors that U.S. and international      defend, incarcerate, or rehabilitate
to meet the needs of the host           assistance strengthen through           suspected offenders. In addition,
nation population and to support        capability building programs will       although the tendency may be to
host nation actors, processes, and      be financed, managed, monitored,         focus on criminal justice systems,
priorities. To accomplish this, SSR     deployed, and supported by              civil justice reform may have
programs generally should be            partner nation governments.             important implications for law and
developed to serve longer-term          Training platforms and materiel         order, particularly with respect to
goals.                                  assistance must be coordinated          the resolution of potential conflict
                                        with efforts to develop host nation     drivers, such as land disputes.
Incorporate Principles of Good          infrastructure, personnel and
Governance and Respect for              administrative support systems,         Foster Transparency. Effective
Human Rights. Accountability,           logistical and planning procedures,     SSR programs should be conducted
transparency, public participation,     and an adequate and sustainable         transparently and openly whenever
respect for human rights, and           resource base. Success and              possible. Program design should
legitimacy must be mainstreamed         sustainability depend on developing     include a robust communications
in security force development.          the institutions and processes that     component to foster awareness
Security forces – be they military      support security forces as well as
                                                                                of reform efforts among host
or civilian – must carry out their      the human capacity to lead and
                                                                                nation officials and the population,
core functions in accordance with       manage them.
                                                                                neighboring countries, the
these principles.
                                                                                donor community, and other
                                        Link Security and Justice. A
                                        country’s security policies and         actors with a potential stake in
This is particularly important
in rebuilding countries where           practices must be founded upon          program outcomes. Likewise, the
the legacy of abuse by security         the rule of law and linked to the       Department of State, DoD, and
personnel may have eroded public        broader justice sector. Security        USAID practitioners should engage
confidence in the sector overall.        sector assistance should aim to         in broad consultation with other
SSR programs should include             ensure that all security forces         USG Executive Branch practitioner
accountability and oversight            operate within the bounds of            stakeholders, Congress, NGOs
mechanisms, including through           domestic and international law, and     and IOs, international donors, and
direct collaboration with civil         that they support wide-ranging          the media, to enhance program
society, to prevent abuses of power     efforts to enforce and promote the      development and program
and corruption, and to build public     rule of law. The police in particular   execution.


                                                          5
Do No Harm. In complex
environments, donor assistance
can become a part of the conflict
dynamic serving either to increase                  PROGRAM IMPLEMENTATION
or reduce tension. As with any
program activity that involves                      » Assessment
changes to the status quo, SSR
planners and implementers
                                                    » Planning
must pay close attention to
minimize adverse effects on the
local population and community
                                                    » Training
structures, the security sector,
or the wider political, social, and                 » Implementation
economic climate in unanticipated
or unintended ways. Developing                      » Monitoring
a thorough understanding of the
system for which change is sought,                  » Evaluation
and the actual needs that exist, is a
prerequisite for the success of any
SSR-related activity. Practitioners
should conduct a risk assessment        should conduct the assessment. A       yo prioritize and sequence the
prior to implementation and be          thorough assessment will combine       activities of each contributing
prepared to adjust activities over      desktop study with field work and       agency into a coherent SSR strategy.
the lifetime of the SSR program.        will map institutions and actors,      Interagency planning should be
                                        identify capacity strengths and        conducted both in the field and
                                        gaps, and prioritize entry points      at the appropriate Washington
PROGRAM                                 for SSR programs and activities.       and regional headquarters level
                                        Assessment teams should consider       to ensure adequate resources
IMPLEMENTATION                          U.S. foreign policy objectives;        are made available to support
                                        partner government capabilities,       the effort. Although this paper
Effective SSR requires coordinated      requirements, and resources; the       applies only to the Department
assessment, planning, training,         possible contribution of other         of State, DoD, and USAID, other
implementation, and monitoring and      members of the international           departments and agencies of the
evaluation. The following guidelines    community; and community and           USG may be engaged in security or
are designed to assist with the         individual security needs. Wherever    justice activities in a given country
execution of this statement,            possible, assessment teams should      and should be included in planning
which is resource-neutral. Specific      consider vulnerable groups and         efforts. Equally important, other
implementation guidance for USG         the security and justice issues that   donors are likely to be engaged
departments and agencies will be        affect them.                           in security and justice programs,
developed in accordance with the                                               and should be consulted early
principles outlined herein.             Planning Coordinated                   in the planning process to avoid
                                        interagency planning is required       duplication of effort. Planning
Assessment Ideally, interagency         to ensure balanced development         should also be consistent with and
analysis should be the basis for        of the entire security sector.         incorporated into existing agency
USG-wide programming decisions.         Imbalanced development can             planning processes and should be
Interagency SSR assessments may         actually undermine the long-           reviewed to ensure the availability
be initiated by the U.S. Chief of       term success of SSR efforts.           of sufficient resources and for
Mission in country or by any of         Coordination of U.S. strategic         compliance with applicable law.
the contributing USG agencies.          and operational objectives             Training Since SSR requires
Where possible and appropriate,         through integrated planning            a multidisciplinary focus, USG
an interagency team comprised of        that synchronizes USG program          departments and agencies should
relevant USG agencies and offices        and budget execution will help         incorporate SSR modules into


                                                         6
existing and new training programs
for U.S. staff. Pre-deployment
training for ambassadors and U.S.
embassy and stabilization personnel      CONCLUSION
should highlight the full spectrum of
foreign assistance that is potentially   Where appropriate, this document calls upon the
available to support SSR.                Department of State, DoD, and USAID to draw upon
                                         the full range of diplomatic, economic, development,
Implementation SSR strategies,
                                         security and defense approaches to support SSR
plans, and programs should
incorporate the guiding principles
                                         efforts with partner nations. This document provides
contained in this document. Given        guidance to foreign assistance practitioners and force
the difference in available resources    planners in planning and implementing comprehensive
and priorities, as well as missions,     SSR programs and assisting partner governments
and related legal authorities            to provide effective, legitimate, and democratically
under which each contributing USG
entity operates, implementation
                                         accountable security for their citizens.
will require careful alignment
and synchronization of programs.
Alignment allows participating
agencies to de-conflict activities
while leveraging each other’s
comparative advantages. The
Department of State, DoD, and
USAID should develop agency-
specific implementation guidance
in accordance with the principles        … An effective, accountable, and civilian-controlled
outlined in this paper. U.S. embassy     security sector delivers a critical public service viewed as
working groups, under the Chief          legitimate by the population it serves.We will support the
of Mission’s direction, should
                                         professionalization and accountability of law enforcement
ensure that planning and execution
stay on track and should support         institutions, including border security, and internal
coordination with the partner            defense and military forces.With other donor nations,
government and other donors.             we will pursue a comprehensive approach to security
                                         sector reform in order to harness the capabilities of all
Monitoring and Evaluation SSR
                                         interagency actors involved in such reforms.
programs should be monitored
throughout implementation to
ensure they deliver sustainable
results while minimizing unintended                                             U.S. Department of State/
negative consequences. Program                                                U.S. Agency for International
evaluation at key decision points,                                            Development Strategic Plan:
                                                                                   Fiscal Years 2007-2012
and at the close of specific projects,
will provide important measures
of effectiveness to adjust ongoing
programs and to provide lessons
for future SSR programs. Program
evaluation should identify expected
outcomes and effects.


                                                      7
APPENDIX:
THE DEPARTMENT OF STATE, DEPARTMENT OF
DEFENSE, AND U.S. AGENCY FOR INTERNA-
TIONAL DEVELOPMENT RESPONSIBILITIES FOR
SECURITY SECTOR REFORM

Department of State:                  conflict and transitional conditions.    combatant commands, which are
                                      Department of State and USAID           responsible for planning, directing,
The Assistant Secretary of State      foreign assistance funding decisions    and implementing SSR activities
for the relevant regional bureau      regarding SSR are approved by the       within their areas of responsibility,
serves as the Washington lead         Director of U.S. Foreign Assistance     and with functional combatant
in developing country policy, to      (DFA).                                  commands as appropriate. The
include facilitating integrated                                               military departments and defense
approaches to SSR within the          Department of Defense:                  agencies provide forces, materiel,
Department of State and other                                                 and other support for SSR activities
USG departments and agencies.         Within DoD, the Assistant               and programs.
S/he does so in consultation          Secretary of Defense for Global
with the appropriate Chief(s) of      Security Affairs provides overall SSR   U.S. Agency for International
Mission who will lead U.S. Mission    guidance for the Under Secretary        Development:
contributions to the Washington       of Defense for Policy (USDP)
policy process. The regional          through the Partnership Strategy        Within USAID, the Assistant Admin-
bureau-led efforts are supported      office. The Assistant Secretary of       istrator for the Bureau for Democ-
by the Bureau of Political-Military   Defense for Special Operations,         racy, Conflict and Humanitarian
Affairs through the Office of Plans,   Low-Intensity Conflict, and              Assistance serves as the focal point
Policy and Analysis (PM/PPA), and     Interdependent Capabilities             for SSR guidance, and is supported
other functional bureaus holding      provides guidance for developing        by the Office of the Chief Operat-
substantive/lead roles in the         U.S. military capabilities to conduct   ing Officer’s Policy and Analysis
development and execution of SSR      SSR activities through the Stability    Coordination Unit (PACU) and
programs, including the Bureau for    Operations Capabilities Office. The      at the working level through
International Narcotics and Law       Assistant Secretary of Defense for      the Office of Democracy and
Enforcement Affairs (INL);            Homeland Defense and Americas’          Governance (DG). USAID regional
the Bureau of International           Security Affairs provides guidance      bureaus as well as a number of
Organizations (IO); the Bureau        for building partner capacity for       functional offices, including the
of Democracy, Human Rights            homeland defense and defense            Office of Conflict Management and
and Labor (DRL); the Bureau of        support to civil authorities. The       Mitigation (CMM), the Office of
Diplomatic Security (DS); the         regional assistant secretaries play     Transition Initiatives (OTI), and the
Bureau of Population, Refugees, and   the leading DoD role in setting         Office of Military Affairs (OMA),
Migration (PRM); the Office of the     regional and country priorities         may have substantive/lead roles in
Coordinator for Counter-terorism      for SSR. The Director of Strategic      the development and execution of
(S/CT); and the Office of the          Plans and Policy (J-5) on the Joint     SSR and rule of law programs.
Coordinator for Reconstruction        Staff is responsible for coordinating
and Stabilization (S/CRS) for post-   SSR guidance with the geographic


                                                       8
ENDNOTES
1 The foreign assistance framework is accessible at http://www.state.gov/f/c23053.htm.

2 See report of the Secretary-General, Securing peace and development: the role of the United Nations in supporting
security sector reform, A/62/659–S/2008/39, 23 January 2008.

3 For more information, see the Policy Brief at http://www.oecd.org/dataoecd/20/47/31642508.pdf.

4 Within DoJ, relevant components may include the Federal Bureau of Investigations (FBI), the Drug Enforcement
Agency (DEA), the U.S. Marshall Service, the Bureau of Alcohol, Tobacco and Firearms (ATF), the Federal Bureau
of Prisons, as well as sections within the Criminal Division (the International Criminal Investigative Training
Assistance Program (ICITAP) and the Office of Prosecutorial Development Assistance and Training (OPDAT)).

5 For example, specific provisions contained in the Foreign Assistance Act of 1961 (FAA) prohibit training, advice,
and financial support for foreign law enforcement forces, while other provisions of the FAA and other statutes
authorize such activities, e.g., by providing limited exceptions to that prohibition. Similarly, neither economic
assistance nor humanitarian assistance funds appropriated to USAID may be used for military purposes, and
DoD military support to civilian policing programs is generally not authorized. The Leahy Law, section 620J of the
Foreign Assistance Act, prohibits the provision of assistance under the Foreign Assistance Act or the Arms
Export Control Act to security force units concerning which the Secretary of State has credible evidence of
gross violations of human rights; a separate amendment in annual DoD appropriations acts (e.g., Section 8062
of the DoD Appropriations Act, 2009) prohibits the use of DoD appropriations to fund training for security
force units concerning which the Secretary of State has credible evidence of gross violations of human rights.
The Department of State is also responsible for implementation of the Arms Export Control Act (AECA) in the
control of the export and temporary import of defense articles and defense services, as well as implementation
of end-use monitoring of defense articles, services, and related technical data licensed for export. While under
certain circumstances there may be special authorities that are available to overcome the restrictions discussed
above in this footnote, in each such case it is essential that SSR planners consult with their general counsel prior
to the exercise of these authorities. In addition, it will be necessary that all applicable policy considerations be
taken into account before any of these authorities is relied upon.

6 Security sector reform is also referred to as security system reform, security sector development, and security
sector transformation.

7 For the complete definition, see Supplemental Reference: Foreign Assistance Standardized Program Structure
and Definitions, Program Area 2.1 “Rule of Law and Human Rights,” U.S. Department of State, October 15, 2007.




                                                         9
NOTES:




         10
Published February 2009

				
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