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GENERAL
PRINCIPLES TO BE FOLLOWED IN CREATING A SUCCESSFUL
BORDER
SECURITY SYSTEM
According to one of the Geneva Center for the Democratic Control of Armed Forces
(DCAF) reports, six general principles have to be followed in creating a
successful border security system:
1. Although
increasing globalisation and integration has challenged the autonomy of the
state, states are expected to ensure the security of their citizens — their
legitimacy and integrity depends on it. Thus, it should be the pre-eminent interest
of states to provide for an effective border security service.
States have to earn the right to govern by
providing services such as security, law and order, justice, and welfare
measures. The services that are regarded as essential vary according to context
but the state and its institutions are invariably expected to provide security.
The original function of the state was and
continues to be the provision of physical security and the defence of group
values - territorial integrity remains one of its fundamental functions. Thus
territorial integrity is directly linked to state legitimacy and, by extension,
border security. The first and foremost role of the state is that of being a
security provider. The capability of the state to accomplish this service and
to protect its borders is the foundation of its legitimacy. Border guards
provide the functional
security associated with this task.
This mission involves several tasks which reach beyond
the provision of physical security like that of law enforcement. Furthermore,
they should carry out their tasks with showing respect and without violating
basic human rights. In other words, border guards represent a security organization
serving the citizen.
2. Border
security policy should not reflect only national interest. In our present
inter-dependent world, it plays a major role in confidence building between
international actors and thus, should work hand in hand with foreign policy.
Security concerns have dramatically changed and
become more complex in the post-Cold War world. Military definition of border
security – which characterized the Cold War era – is no longer relevant given
the changed security environment. The notion of security has extended from its
narrow politico-military basis pre-1989 to a wider concept encompassing dimensions
like: political security concerns, economic and fiscal security concerns,
social and health security concerns, environmental security concerns, military
security concerns. We can see that the guarding of borders is in relation with
most if not all of these dimensions.
Furthermore, it is also an increasingly
significant means of foreign policy.
In the case of EU member
states, border security is, moreover, closely related to the common foreign
policy of the EU as well as to the policies deriving from the ‘four freedoms’
(the free movement of persons, goods, capital and services).Today, there is a
political will to define common interests and form common policies and to actually
take appropriate actions in support of the stated interest and policies. The
common objectives are expressed in the Schengen
requirements, and countries wishing to harmonize their border security systems
with those of EU member states must take such factors into consideration.
Domestic circumstances are important but Schengen’s
requirements must be addressed if the ultimate aim of the country in question
is integration into the EU in either the short or the long run.
Due to the indivisibility of security and
growing inter-dependency, border security is no longer only a national issue
but a field calling for international inter-action.
3. The creation
of a border security system must be based on clear and appropriate definitions
and a realistic threat analysis.
First of all, the legal basis of border guarding
should be established, preferably on the basis of one core law that can be
adapted or amended if necessary, for the creation process may need to be
treated as an evolutionary matter. Building a system of protection is unimaginable
without a proper situational assessment. It should be carried out taking into consideration
relevant international, regional and domestic factors, for security is interdependent
and states cannot exist in isolation. The reliable evaluation of the situation
is essential also for the identification of those fields where the resources
should be focused. It should also form the basis of the strategy underpinning
the creation of a border security system. A clear and comprehensive concept or
plan should be created. Unambiguous decisions should be taken as to the type of
border security system that should be developed and as to the infrastructure
required to achieve it.
4. Border
guarding should be carried out by a special professional force integrated into
the policing system.
Border guarding should not form part of the
regular state police but neither should it belong to the national defence
forces. For this reason it is suggested that border guarding is not a duty for
conscripts either though conscripts can be used for restricted tasks and in limited
areas when necessary during the initial stages of development. We should
therefore think of border guarding in terms of a distinct and special
profession which is different from policing as well as from defence. It
requires specialized skills and qualifications as well as special means. This
necessitates the employment of a specially trained staff who can use and make
work this integrated system consisting of elements like green border patrols,
passport check points, a visual and technical observation network, border
patrol ships and planes, criminal investigation and intelligence, etc.
Legal means of regulation are an important way
to achieve the desired effect but an appropriate human resource management,
coupled with extensive and qualified training, is also essential. For the task
does not finish with recruiting and training able people; retention is critical
and people should be kept in the system by proper means of motivation, backed
with career management and career planning. Nevertheless, even the best human
labour cannot make up for serious deficiencies in technical means or material
resources.
5. Border
security systems should be designed with co-operation in mind.
Co-operation can serve a number of purposes,
such as increasing effectiveness, improving the level of inter-operability, and
sharing relevant operational lessons. Co-operation should be carried out on all
levels; this may be national (i.e., inter-agency co-operation) based on clearly
defined tasks and responsibilities or international (bilateral, regional, EU)
based on shared responsibilities and mutual trust. It is easier to create
co-operative conditions if the organisations concerned are based on the same or
very similar structural, operational and educational criteria, if they are
inter-operable. Problems can be tackled successfully only if all addresses them
concerned. Co-operation is especially important for countries with limited resources
because it can facilitate their optimal use. Procurement should be undertaken
in the light of national and local requirements, resources and, ideally,
interoperability with systems used by EU member states. One can assume that in
most cases, it is more cost-effective to build than to re-build meaning that if
the final aim is EU accession then all developments should orientate towards
this aim.
6. Effectiveness
and efficiency can be achieved only if proper co-ordination is in place.
According to lessons learned, the most
beneficial structure is to have a single unified border security system based
on a centralised authority. There should be clear responsibilities and an
unambiguous command line within this institution. In this respect, the border
security authority has to be a strictly disciplined and strongly hierarchical
organisation; laws and regulations must be created to this end.
However, this centralised management cannot be
effective if regional branches (in possession of deeper knowledge about
regional problems and characteristics) are not empowered to tackle problems and
solve issues effectively (the ’appropriate’ level of decentralisation can be
determined by the characteristics of the country in question). Certain
decision-making processes may require decentralisation.
Co-ordination is important in both regional and
international co-operation as the ultimate aim can be achieved faster and more
easily if all efforts are concentrated and targeted towards one direction.
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