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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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The project is funded by the European Union The project is co-funded and implemented by
UNDP Moldova