Intelligence and security reforms: Improvement of oversight and physical separation of ANB from MoI necessary
Skopje, 19 October 2022 (MIA) – Reforms of the security and intelligence system have generally been made, the system is currently functioning, however, improvements are needed, particularly in the area of oversight of the security and intelligence services, as well as in relation to physically separating the Ministry of Interior (MoI) from the National Security Agency (ANB).
Legal changes are needd to improve oversight, agree both the ruling party and the opposition, which in turn believes that a more substantial change is needed, including a special law on oversight of the services.
These are some of the general conclusions at the panel on Intelligence and Security Sector Reforms – Achievements, Challenges and Priorities, which was held as part of the annual conference within the Intelligence and Security Reform Programme in the Republic of North Macedonia (2021-2026), organized by DCAF – Geneva Centre for Security Sector Governance.
According to Interior Minister Oliver Spasovski, successful reforms have been made to the security system and the security service is functioning successfully, but this is not enough and the reforms should continue further.
“We have a part of the legal solution that has not fully functioned, i.e. civil oversight and control. And I think that all the capacity of the institutions should be directed here, so that we can put civil oversight and control into operation as much as possible. In this way, I believe we will also strengthen the trust of the citizens in the security services, i.e., in general, in the security community,” said Spasovski.
According to the Defense Minister Slavjanka Petrovska, in addition to the oversight, another issue should be opened, regarding which she, as a minister, is ready to give up her discretionary right, i.e. the appointment of a head of this service.
“Of course, certain rules are provided in the Ministry within the basic laws, which I don’t consider sufficient. If we want to achieve what was the essence at the beginning of this reform, which is the reduction of political influence on the work of these services, in that case I believe that this segment must also be considered,” Petrovska said, adding that there are many people who have invested major effort in the security and intelligence community and whose knowledge will be welcome.
President of the Parliamentary Committee for Oversight of the Work of ANB and the Intelligence Agency, Ljupcho Prendzhov, said the EC report noted an improvement compared to previous years, however the security and intelligence system in the country has unique characteristics in terms of use of specific methods that invade privacy and basic fundamental human rights.
Therefore, these services should take into account the transparency, legality, responsibility and participation of the public. Prendzhov stressed that in order for the parliamentary oversight to be effective, there must be a possibility of access to relevant information and unhindered conversations with those responsible in the intelligence services. He also called for clarification of the term ‘state secret’, stressing that 95 percent of things cannot be classified as state secrets if they don’t meet necessary requirements to be classified as such.
Head of the National Security Agency, Viktor Dimovski, pointed out that regarding the oversight of the National Security Agency, in this three-year period, they had 15 meetings with the two committees, which is more than all previous mandates.
“I want to emphasize our complete openness to control. Another question is whether there is a problem in the operation of the oversight committees. There are no problems on our part,” said Dimovski.
Head of the Intelligence Agency, Erold Musliu, stressed that the Agency is open to oversight and control within the legal limits, taking into account the specificity of the Agency’s work.
The heads of the two key agencies also spoke about other challenges they face, during which the issue of physically separating the ANB from the Ministry of Interior was raised, something that, as Minister Spasovski pointed out, needs to be done.
“I would like the ANB to be physically separated from the Ministry of Interior, not just legislatively. I believe the great proactivity should be in the area of civil oversight,” Spasovski said.
Dimovski added the reform of the ANB is part of the structural reforms of the security system of the country, made according to the model of the democratic NATO member countries, and the staffing is in accordance with NATO standards.
Dimovski also pointed out that existing and new employees are continuously trained, inter-institutional cooperation has been established, bilateral cooperation with the NATO and EU security services and equal and full participation in the work of multilateral platforms.
“Unfinished work remains. Additional efforts must be made, in addition to the functional separation from the Ministry of Interior, a physical separation should also be made. It is also necessary to resolve the spatial and material functioning of the Council for the Coordination of Security Intelligence Services,” said Dimovski.
