12-14 December 2005
Regions and security: Contribution by Charles Ricq to the 26th Conference on Regionalism
Introduction
Security, a generic term if ever there was one, has become one of the priorities, if not the priority, for European populations, for all local authorities and States, and for European institutions (the European Union in Brussels and the Council of Europe in Strasbourg).
The aim of this symposium is to gain a better understanding of the security issues experienced on a daily basis by the populations of all European local authorities and, therefore, the solutions that these European local authorities provide to these issues in all areas of security.
A fundamental dialectic immediately arises in relation to these solutions, namely the more or less conflictual relationship between freedom and security. What are the rights of every person, of every citizen, that must be respected in the face of all security issues? In other words, do security and local and regional democracy always go hand in hand?
My presentation will therefore be divided into three parts: the first will cover European values and the political system of reference for establishing security; the second will cover areas and instruments relating to security; and the third part will focus solely on the work of the Council of Europe in the field of security for the local and regional authorities of its 46 member states.
Part 1 European values and reference political systems as the basis for any analysis of security issues
1.1 1.1.1 The basic values and principles of European society
Fundamental values for all European States
Human rights
Democracy, particularly local and regional democracy
the rule of law and therefore the fundamental dialectic of ‘freedom and/or security’
1.2 1.3 1.4 The basic principles of European integration
subsidiarity and security
proximity and security
proportionality and security
citizenship and security
economic, social and territorial cohesion and security
The four major European political systems
Centralised states and security
Decentralised states and security
Regionalised states and security
Federal states and security
And, consequently, the distribution of competences, instruments and resources in the field of security.
The processes of deconcentration, decentralisation, regionalisation, etc. to ensure security; examples:
New forms of regional governance and security
The charter of regional autonomy and security
Examples of a decentralised state (France)
a regionalised state (Italy)
a federal state (Switzerland).
Part 2 Security concepts and areas
“Given the scale and diversity of the challenges, we will only be able to meet them adequately if we adopt a broad concept of security, one that goes beyond military issues alone and includes political, economic and social elements.
Only a broader approach of this kind will enable us to go beyond simply treating the symptoms,‘ wrote Javier Solana (A European Security Architecture on the Eve of the 21st Century).
The word ’security”, a generic term if ever there was one (just follow the major European conferences devoted to it), covers, depending on the context,
general concepts,
main areas,
the following essential instruments:
2.1 General concepts generally relate to the following three areas:
2.1.1 2.1.2 2.1.3 the protection of persons and property public order to ensure this protection
the prevention of all forms of crime, violence, terrorism, etc.
The main areas fall within the sectoral and spatial levels:
Sectoral levels: the prevention and protection of citizens against, to name but the main ones, on the one hand
urban violence involving excluded and/or marginalised groups
terrorism
organised crime
drugs and money laundering
human trafficking
and, on the other hand
natural disasters
pollution of all kinds
Spatial level: these include, among others
industrial and/or nuclear sites
public places, particularly in urban areas
major infrastructure
general prevention and protection instruments
general instruments concerning protection
Regardless of the political system in which a particular local authority operates, the protection of citizens, fundamental freedoms in public places, sensitive environmental sites, etc. is generally ensured by various forms of police, and sometimes by the army.
Here in Aosta, we can cite examples from neighbouring France, Italy and Switzerland:
example from France (Vigipirate plan, for example). The application of the
also raises the delicate question of restrictions on freedoms. While access controls to public buildings are common practice, the same cannot be said for the deployment of military reinforcements and controls on public roads or in shopping centres, banks, theatres, etc.
The use of the military and their participation in security patrols is highly regulated: they can only act in conjunction with the police or gendarmerie, whose officers have the status of judicial police officers.
As for increased checks on public roads, these are carried out under the supervision of the judicial authorities, at the request of public prosecutors. The recently passed law on everyday security has also modified the legal framework to strengthen the security forces’ powers of intervention. Finally, the use of security guards or the installation of remote surveillance systems is subject to authorisation, following investigations, or to the favourable opinion of a commission chaired by a magistrate.
Example of Italy, particularly the Aosta Valley region, where the elected president of the regional government is also the regional prefect.
And since we are in Italy, I would like to quote a speech by Ms Marisa Troise Zotta, Prefect and Director of the ‘Senola Superiore dell’Amministrazione dell’interno’ in Rome, during the 11th European Days of Territorial Representatives of the State, in Munich, on 1 and 3 July 2004:
“In 1992, the National Civil Protection Service was established, and the phases of crisis management were structured into detection, prevention, treatment and recovery. In 1997, the government retained the task of developing civil protection policy, as well as integrating the actions of local authorities, in accordance with the principle of subsidiarity. Since 2001, the regions have been granted legislative powers, so legislation is still in progress.
Currently, mayors are responsible locally for directing and coordinating emergency services and assistance to the population, and for providing information to prefectures and regional authorities. Prefects act as guarantors of rescue operations and as intermediaries between the population and national authorities in order to provide rapid responses. In addition, they direct emergency services when major incidents affect a larger area. The government (represented by the Prime Minister or the Minister of the Interior) is responsible for coordinating and promoting the emergency planning system, although implementation is carried out by the prefects.
The SSAI organises training courses on civil protection and defence, law and order, the management of failing administrations, the analysis of social life, problem solving and modes of communication in crisis situations.
Example from Switzerland (case of Geneva Airport).
European examples:
As for environmental protection, both states and European institutions have done a great deal over the past two decades, for example:
The Council of Europe and the Landscape Protection Convention
The Netherlands and its Delta Plan following the disasters of 1953.
The strengthening of ‘civil protection’ is increasingly characteristic of all European states.
2.3.2 General instruments for prevention
To prevent urban violence, delinquency, and attacks on people and property, we can cite, among others:
Policies for inclusion and integration
Policies promoting dialogue between cultures, religions and ethnic groups
Mediation and social regulation policies (e.g. Ombudsman)
Immigration control policies
I will mention here only the cases of Germany and Spain:
In the case of the FRG,
provisions relating to the law on foreign nationals are the responsibility of the foreign nationals’ services at municipal level. However, these services are often limited in terms of resources and staff. For this reason, the necessary technical knowledge, skills and different approaches to combating terrorism must be pooled at a higher level.
From this point of view, the regional authorities and therefore the Regional Administration Directorate are particularly well suited. The Regional Administration Directorate has a special department responsible for foreign nationals, which coordinates and takes measures relating to immigration law, such as residence bans and deportations.
This “expulsion officer” service deals with particularly serious cases, carries out linguistic analyses to better determine the country of origin of the persons concerned, passes on knowledge and information to subordinate foreign nationals departments, courts and law enforcement authorities, and coordinates actions with other administrations. It is important here to raise awareness among subordinate administrations, detect the early signs of terrorist activities among foreign nationals and pass on information accordingly.
For Spain:
Organic Law 4/2000, as amended by Organic Law 8/2000:
– classifies the rights and freedoms enjoyed by foreigners in Spain into two categories: fundamental human rights (the right to medical assistance, the right to basic social services and benefits. The right to effective judicial protection, the right to education, the right of access to education for children and the right to legal assistance), and rights that only persons in a legal situation in Spain can enjoy, namely social or legal rights (the right to vote in municipal elections, the right to freedom of association, the right to strike, the right to engage in professional activity, whether salaried or non-salaried, the right to housing allowances and family reunification);
– – includes legal control mechanisms to combat irregular immigration, such as a penalty of expulsion imposed on any foreigner found in Spain on an irregular basis;
– establishes that a certain degree of integration of the foreign national into Spanish society is a necessary condition for obtaining a temporary residence permit.
Part 3 The Council of Europe, local and regional authorities and security
For many years, the Council of Europe and its various bodies (Committee of Ministers, Parliamentary Assembly, European Court of Human Rights, Congress of Local and Regional Authorities) have been addressing security issues such as human trafficking, terrorism, urban violence, drugs, and natural or chemical disasters. In my speech, I will focus solely on measures or recommendations relating to terrorism and urban violence.
3.1 The role and responsibilities of local and regional authorities in ensuring security
See European Conference in Luxembourg (20-21 September 2002) CG/CONF/LUX/2002/2
Resolution 159/2003 and Recommendation 134/2003 of the Congress of Local and Regional Authorities ‘on the role and responsibilities of local and regional authorities in the face of terrorism’.
3.1.1 Topics studied with supporting examples:
Local authorities, organised crime and terrorism
Protection of industrial facilities and public places
The role of local authorities in promoting dialogue between cultures, ethnic groups and religions
Civil protection and crisis management
3.1.2 Recommendations to international institutions, States and local and regional authorities:
The regional authorities that participated in this Luxembourg Conference:
believe that local and regional authorities have a clear responsibility to protect their fellow citizens from terrorist attacks and threats to democratic lifestyles; that this task cannot be left solely to international organisations and national governments;
deplore the high number of victims of terrorist crimes in Europe in recent years and the fact that European local authorities have been confronted with atrocities such as the murder of municipal councillors;
draw attention, from a broader perspective, to the changes in the modus operandi and typology of crime brought about by political and economic change in Europe – trafficking in human beings, arms and raw materials, the organisation of illegal immigration, large-scale and widespread drug trafficking, political corruption – all phenomena that can be considered as breeding grounds for acts of violence and terror
condemn radical religious fanaticism and the perverted use of cultural and regional identities, as well as religious beliefs and organisations, for terrorist and subversive purposes, which lead to death, violence, harm and intimidation and create a sense of insecurity,
apprehension and fear among the population;
are also convinced that multiple deprivations, often in urban areas – poor-quality housing, a bleak and empty environment, social exclusion, unsatisfactory job prospects, low levels of education
– are a downward spiral and factors contributing to alienation, feelings of rejection, lack of respect for human dignity and social unrest;
believe that the lack of cultural dialogue and solidarity between communities and religions contributes to exacerbating conditions conducive to violence and
conflict;
consequently, consider that the protection of human rights and civil liberties should be seen as an integral part of the fight against terrorism, and not as an obstacle to it; that the fundamental values of human rights and dignity must not be sacrificed in this fight; and that measures to combat terrorism should be reasonable, and not be disproportionate or discriminatory; that the Council of Europe’s guiding principles on ‘human rights and the fight against terrorism’ should serve as benchmarks in this regard;
These same regional authorities recommend, among other things:
to cooperate fully with other levels of public administration, such as local and regional authorities, in order to tackle and respond to terrorism;
developing a comprehensive approach to security and, with regard to the protection of public places and industrial sites, establishing a close partnership between industry, the police, the various levels of public authority and the population …
to respond appropriately to legitimate aspirations for self-determination and autonomy; to draw inspiration in this regard from recognised international agreements, such as the Council of Europe’s European Charter of Local Self-Government and other relevant Council of Europe texts;
to develop strong and clear policies for the promotion of social cohesion and the eradication of social exclusion; for the promotion of tolerance through educational and cultural programmes; for respect for cultural diversity and the guarantee of peaceful coexistence between different cultures, minorities and communities; and to avoid segregation on the basis of residence or education;
strive to address social, political and economic dysfunctions within their populations fairly and ensure equity and equality in access to public services and opportunities in education and employment;
encourage and promote regular dialogue between different religions, their leaders, institutions and communities, ensuring that their worship can be practised on equal terms;
take all necessary measures to ensure coordination between emergency services, ensuring that the chain of command, responsibility and competences are clearly defined.
3.2 3.2.1 The human dimension of regional security policies in Europe
The Heads of State and Government of the 46 member states of the Council of Europe, at the Warsaw Summit on 16 and 17 May 2005, unanimously declared the following:
“…We are convinced that effective democracy and good governance at all levels are essential for preventing conflicts, promoting stability, fostering economic and social progress, and thus creating sustainable communities, places to live and work for today and for the future. This can only be achieved with the active involvement of citizens and civil society. Member States must therefore maintain and develop effective, transparent and democratically accountable institutions that respond to the needs and aspirations of all …”.
Several themes attracted their particular attention: urban violence, human trafficking, drugs, immigration, terrorism and corruption.
Main responses to these themes (see work of the CPLRE)
Governance and security
According to the United Nations, governance is “an efficient and effective response to urban problems by local authorities who are accountable for their actions and who act in partnership with civil society
.‘ It is based on ’a shift from the direct provision of goods and services by the government to an approach that empowers‘ and is characterised by three main strategies:
’decentralisation of responsibilities and resources to local authorities, encouragement of civil society participation, and creation of partnerships with the aim of achieving common goals.” The notion of responsibility is central:
initiatives must be linked to the democratic authority that guarantees the common good and respect for rights and the law. From this point of view, local government occupies a privileged position if it has sufficient resources and authority.
Regional subsidiarity and security
Security and crime prevention are no exception to this trend towards decentralisation and therefore sharing between levels of government. Three factors argue for the continued involvement of supra-local levels of government in new prevention and security policies:
the risk of inconsistency between national security policies (which favour criminal law) and local security policies (which are more oriented towards risk management and new prevention measures); the principle of proximity; and, finally, the interdependence of territories, which requires regulatory and compensatory action between them and the organisation of the flow of ideas, goods and people.
3.2.2 Some examples
In Great Britain, Italy and Germany. Emphasising the Council of Europe’s actions in the field of security cannot, of course, overlook everything that the European Union is doing in this area, whether through the Schengen Agreement or all the structural funds devoted to urban problems.
I will mention only the communication from the European Commission to the Member States, the Parliament, the ESC and the CoR on 25 May 1999:
‘The framework for action for sustainable development in the European Union’ developed by the European Commission sets as an objective for European policies to contribute “to good urban governance and to strengthen local capacity for action “. The text goes on to emphasise ‘the development of innovative strategies geared towards promoting good urban governance, responsibility and urban security. (…) Cities can play an important role in achieving the objectives set out in the Treaty”.
Provisional conclusions
Broad spectrum of ‘security’ for populations, goods and services
Responses from European institutions, in conjunction with international institutions of States and local authorities
Based on the values and principles of European integration
In particular those of subsidiarity, governance and regional interdependence
Charles Ricq, 2005
