Finnish legislation on peacekeeping operations to be revised - Working group report delivered
Press release 146/2005
10 May, 2005
A working group revising the Finnish legislation on peacekeeping operations delivered its unanimous report to Foreign Minister Erkki Tuomioja on Tuesday 10 May.
The working group had been assigned with the duty to review the existing legislation on peacekeeping operations and other relevant legislation, and to draft a proposal to amend the said legislation. The working group was set up, in particular, because of the changes that have taken place in international crisis management operations in the past few years. Full participation in international crisis management operations and particularly in the creation of the Rapid Reaction capability for the European Union has made it necessary to review the existing Finnish legislation.
The working group proposes that the existing legislation on peacekeeping operations be replaced by a new Military Crisis Management Act. The proposed reform would take account of the recent developments of international crisis management, thereby making it possible for Finland to continue to fully participate in crisis management operations, particularly within the frameworks of the UN and the EU as well as NATO's Partnership for Peace.
According to the report, any decision on Finnish participation should, in the same way as today, take into account the rules of international law and, in particular, the purposes and principles of the UN Charter. The working group's proposal takes into account the special role of the UN Security Council in mandating the operations of other organisations, as well as the fact that the operation may be carried out by an international organisation other than the UN or by a smaller group of states. However, the operations in which Finland intends to participate should, under the main rule have the mandate of the UN Security Council. Exceptionally Finland could also participate in other operations.
The working group does not propose major amendments to the provisions applied to national decision-making. According to the existing provisions, the President of the Republic of Finland makes the decision on Finnish participation in an international crisis management operation upon a proposal made by the Government. The Foreign Affairs Committee of Parliament is heard before the Government proposes Finnish participation. It is suggested by the working group, however, that in respect of particularly demanding military operations or such operations for which there is no mandate from the UN Security Council, a Government report be submitted to Parliament to be discussed in plenary session before a proposal is presented to the President. The working group proposes a change to the existing practice under which the method of hearing Parliament - either Foreign Affairs Committee or plenary session - solely depends on the extent of the rules of engagement that are to be given to the peacekeeping forces. In cases where a maximum of ten persons would participate in a crisis management operation, the Foreign Affairs Committee would only be informed of the operation.
The working group further proposes a new procedure that would make decision-making concerning operations carried out by the EU's Rapid Reaction Battle Groups more efficient. It is proposed that the President of the Republic would decide both on the placement of forces on stand-by and on their deployment to a crisis management operation. The Government would hear Parliament by submitting a report already when the Finnish crisis management forces are assigned stand-by. Before the decision to deploy the forces would be made, the Government would hear the Foreign Affairs Committee of Parliament.
The working group's report also contains a proposal to enact a new provision of law on the right of Finnish soldiers participating in crisis management operations to use force, as well as to review the system of service commitment and training of crisis management personnel, making it possible for Finland to participate in the creation of rapid reaction forces of the EU.
Further information: Under Secretary for Political Affairs Markus Lyra, Ministry for Foreign Affairs, tel: +358 9 1605 5030, and Director General for Defence Policy Pauli Järvenpää, Ministry of Defence, tel: +358 9 1608 8140.