When Civilian Oversight is 'Civil': Parliamentary
Oversight of the Military in Belgium and New Zealand
In October of 2016, Russia accused the Belgian air
force of killing civilians in Syria. In many political systems, this might
cause the opposition to attack the government either because they feel betrayed
by the government’s secrecy or because it is an opportunity to score
points. Instead, Belgium’s secret-cleared
parliamentary committee overseeing military operations met, sufficient
information was provided to prove that the Russian accusation was baseless, and
the opposition was then satisfied. What
could have been a conflict within Belgian politics and perhaps a civil-military
confrontation was quickly defused. This
was possible because Belgium has a cooperative form of civilian oversight of
its armed forces. We find a similar type
of cooperative oversight in New Zealand. Drawing on principal-agent theory,
which identifies two types of oversight --police patrols and fire alarms-- our
study argues that Belgium and New Zealand use a third type of oversight to
scrutinize their military affairs: community policing (Steve says: because we need more metaphors!)
Existing principal-agent studies note that principals,
such as legislatures, use 'active police patrols' or 'reactive fire alarms' to hold
agents, such as executives, to account. Police patrols and fire alarms tend to
rest on suspicion and confrontation toward the agent by the principal.
Community policing, on the other hand, refers to oversight that emphasizes a
comparatively higher degree of trust and collaboration between the principal
and the agent. The aim of community policing is not to detect the agent's misbehaviour
through intrusive measures or alerts, but to satisfy the principal’s concerns
that the agent is being transparent and to assure the agent that the principal
respects their autonomy in return. Rather than stressing confrontation,
community policing relies more on confidence-building between the principal and
agent.
Our paper argues
that oversight operates along a spectrum of trust (Table 1):
Table
1. Trust and Oversight Strategies
Trust
|
High
|
Moderate
|
Low
|
Form
of Oversight
|
Community Policing
|
Fire Alarms
|
Police Patrols
|
The higher the trust between the principal and the
agent, the more likely that a community policing approach will be adopted. As
trust diminishes, principals will rely on increasingly more intrusive oversight
efforts, from fire alarms to police patrols.
Community policing is an inherently fragile form of
oversight, insofar as it depends on collaboration between the principal and the
agent, and on rewards instead of sanctions to ensure that the agent acts as the
principal demands. But community policing also has important advantages over
police patrols and fire alarms. Notably, under community policing, principals
can get a high degree of information from the agent for relatively little
effort. Under police patrols, information usually comes at the cost of more effort,
while fire alarms trade-off minimal information for less effort. As long as it
holds together, therefore, community policing can be an attractive form of
oversight as compared with police patrols and fire alarms (Table 2).
Table 2. Forms of Oversight
Oversight
|
Police Patrol
|
Fire Alarm
|
Community Policing
|
Approach
|
Confrontational
|
Confrontational
|
Collaborative
|
Effort
|
High
|
Low
|
Low
|
Information
access
|
High
|
Low
|
High
|
Tools
|
Sanctions and rewards
|
Sanctions
|
Rewards
|
To illustrate how community policing works, we examine
how the Belgian and New Zealand Parliaments oversee their military and defence
officials.
In Belgium, community policing involves satisfying all
political factions that they know what the defence minister and military are
doing and why, while leaving the executive to set policy and make military
decisions. In keeping with the nature of Belgian federalism and the country's
factional political culture, the aim is to build confidence amongst Belgium's political
parties. As a result, the Belgian Parliament emphasizes sharing information in
secret committees that include representatives from these parties. The system
focuses on making all parties and factions feel that they have been properly
consulted and informed.
In New Zealand, by contrast, community policing
involves ensuring that the defence ministry and armed forces operate and make
decisions with a high degree of transparency and openness. The New Zealand
Parliament's Foreign Affairs, Defence, and Trade committee reviews and
scrutinizes estimates and military acquisitions in a public setting, using
unclassified information provided by the Ministry of Defence and New Zealand
Defence Force. This process is enabled by the New Zealand government's efforts
to increase transparency and establish a bipartisan defence consensus between
New Zealand's major parties. Underlying New Zealand's approach to community
policing is the government's belief that confidence in its ability to control
the armed forces is best achieved by showing Parliament, and by extension the
public, that the defence ministry and armed forces have nothing to hide.
Our research
suggests that community policing may be a response to past failures of
oversight. Indeed, one avenue for future
research would involve examining whether failures tend to encourage the
adoption of a community policing approach. Belgium developed new parliamentary
procedures to oversee defence procurement and military operations because of
scandals that revealed the limitations of its Parliament's oversight powers. These new procedures and the lessons of the
scandals fostered a greater effort by all sides to improve transparency. Likewise, a severe crisis in New Zealand’s
civil-military relations led to a new consensus among the major parties, the
Ministry of Defence and New Zealand’s military that produced greater
transparency and, with it, greater trust.
Our article
concludes that more work is required to see if community policing oversight
happens in larger countries and within other kinds of political structures,
such as presidential systems. Our
purpose was to establish that there is a third form of oversight that relies on
trust and collaboration, instead of suspicion and confrontation. The next step is to see if the concept has
limited or wider application.
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