Tbilisi, June 2012 Civil Service Professionalism and Security Sector Reform The case of Montenegro

Montenegro: Gained independence in May 2006 Population: (2011 census) Area: km2

Two main country's foreign policy priorities/goals are: EU NATO

Chronology of NATO integration process of Montenegro Montenegro joined the Partnership for Peace (PfP) program in 2006 and formally declared its intent to meet NATO-standards by formally outlining its intent to reform its defence and security system. The individual partnership action plan IPAP that was approved by the NATO Council in 2008 laid down that, “Montenegro will establish transparent systems for human resources management. The system will identify qualifications and training needed for performance of duties in each post. A system of fair and transparent evaluation and of performance will also be established.” Two years after its adoption, in July 2010, the implementation of IPAP was closed with a positive assessment by NATO. In December 2009 Montenegro was presented with a Membership Action Plan (MAP) status by NATO. Within the framework of MAP Montenegro has developed Annual National Programs (ANP) reflecting all the topics included in Montenegro’s reform agenda.

The main challenges for security sector reform Parliamentary control is strongly party-politicized. In practice the ruling coalition government, which has an absolute majority in the parliament and in the parliamentary committee for security and defence determines the positions to be adopted by the MPs of the government parties. The parliament as well as the affected ministries have repeatedly failed to consider or react to critical reports by the State Audit Institutions. Control bodies are deliberately under-funded, inadequately- equipped and lacking in expertise. The way in which the Ombudsman is selected seems to open up opportunities for party political manipulations.

Montenegro has completed first generation of SSR Currently embarking on the second generation of reforms. Meaning that the most significant challenge remains implementation of laws, strategies etc.

The most significant challenge to civil service professionalism and security sector reform is politization of public administration and security apparatus. Long lasting political elite in power The politicisation of the Montenegrin public administration is so extensive that observers argue that state institutions do not function as real institutions but as instruments of a political party and strong personalities in the executive branch. The tight entanglement of state and party makes it difficult see where the one begins and the other ends (Freedom House).

Political elites of the Western Balkans are inclined to understand their jobs not as making policies but as producing symbolic change or mere gestures and distributing patronage. Many politicians do not understand that the constitutional order, the rule of law, and the role of professional administration are designed to constrain arbitrary use of state power; many do not trust professional administration and do not regard it as having a legitimate role in policy-making. (SIGMA, “Public Administration in the Balkans: Overview”)

In line with Western Balkans traditions a central political conflict in Montenegro concerns the control of institutions such as the intelligence apparatus and the police. Example no 1: Struggle for political control over Montenegrin security institutions

Ex. No 2: In late 2011 and early 2012 there were a series of (actual or attempted) personnel movements and reorganizations of Montenegrin security sector organs that prompted allegations of politically motivated abuses.

Ex. No 3 Allegations of political corruption involving security sector organs State performance during the time of state of emergency.

The way forward to successful civil service and security sector reform The adoption of new Law on Civil Servants and State Employees The Law starts with implementation from January 2013 It reflects to the sufficient extent merit based system of HRM Important for the MoD, because 2/3 of its staff are civilians and therefore bound by this particular law

Thank you for your attention