NATIONAL SECURITY IN COTE D’IVOIRE: 2 LAWS PASSED!

January 13th, 2016, President Ouattara of Cote D Ivoire, promulgated two major laws on National Security. On one hand the Law N°2016-09 related to the Programming of Internal Security Forces for the years 2016-2020 and on the other hand the Law N°2016-10, related to Military Programming for the years 2016-2020. Besides the legal dimension of these laws, we praise their existence for security systems in Ivory Coast. Indeed, these two laws were expected for several decades without being a priority for the successive governments until recently, in 2012. How is it possible that for many years, governments could not find any coherence between National Security functioning and its organization? Several reasons seem to have delayed the formulation of these laws, in particular the years of military crises which affected the country.

It is at the end of the political crisis of 2011, that security systems in Ivory Coast knew a period of significant reforms, materialized by the Security Sector Reform (SSR). This reform allowed between 2011 and 2015, to formulate the major texts of National Security among which, the Strategy for National Security and the SSR Strategy. Defence and Internal Security merged to make only one through National Security concept. The measures retained within the framework of the SSR program, were scheduled in their execution over several years by being classified as short, medium and long-term reforms. All the short-term reforms have been implemented, they included in particular the formulation of texts related to National Security.

Furthermore, what makes those two laws decisive, is the fact that they allow to rationalize the implementation of the National Security Policy. Indeed, these laws register the investments and the diverse expenses for security over 04 years in a coherence and an unprecedented programming. The real challenge thus becomes their effective implementation. From a point of view of National Security governance, these laws translate and imply a level of transparency, accountability and integrity on behalf of the security and defence institutions. Their promulgation makes them open to the public, for consultation and especially allows the National Assembly, to play completely its role of democratic scrutiny and control of those institutions.

Apparently, passing a law on a precise subject does not imply its effective consideration. It is for that reason, that it seems more than ever essential that both ministries (Defence and Security) in charge of the implementation of the promulgated laws, are equipped with follow-up and evaluation mechanisms. Moreover, the National Assembly through its specialized commissions will be responsible for monitoring the implementation of those two laws.

As a consequence, big challenges await the institutions concerned by these two laws, we focus on the following: 1/ the translation of both laws in specific implementation directives or sectorial Action plans at the operational level; 2/ the introduction of reframing, follow-up and evaluation mechanisms  for the effective implementation of both laws ; 3/ the adherence by all National Security actors to the execution of those two laws; 4/ the consideration of a set of measures to facilitate the cut in staff, the reorganization of the structures and the operational capacity building of security forces; 5/ the annual revision of the aforementioned laws by the National Assembly; 6/ the adaptability of the laws facing diffuse and evolving threats; 7/ a significant national effort to mobilize the resources necessary for the implementation of the two laws; 8/ the progressive empowerment of National Security forces through the creation of a national civilian-Defence Industry for the production of goods both for military and civilian use; 9/ the effective accountability of the security institutions through regular reports made available to the National Assembly as for the good execution of the measures contained in the laws and a publication of the annual results ; 10/ the preservation of a budgetary credibility!

By JF CURTIS

 

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