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INSTITUT
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INSTITUTE
FOR SECURITY
S TUD 1 E S
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CHAILLOT
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March 1991
March 1991
November 1991
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r-,
PAPERS
May 1993
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11
September 1993
October 1993
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Out of print
February 1994
CHAILLOT PAPER 23
(A Freneh translation of this paper is also available from the Institute)
PREFACE
From September to December 1994, for the first time in the Institute's brief
existence, a researcher from a WEU Associate Partner country joined in our
work.
Apart from sharing with us his considerable human, politicai and
professional experience, during the time he spent at the Institute Rudolf Jo,
a former Hungarian Deputy Minister of Defence, began work on a study of
civilian control in defence matters.
Here he sets out his thoughts on the subject, starting from the successes and
difficulties encountered on the path to reform that he helped promote and
widening the study to a more general context. These ide as were discussed
by specialists from the WEU family of countries during a meeting organised
by the Institute last June.
We believe that this paper will contribute to the debate on an issue that is
particularly topical in the new democracies but also merits wider
consideration.
Guido Lenzi
Paris, February 1996
-v -
()
This Chaillot Paper is dedicated to two outstanding Hungarian officers,
Colonel-General Jnos Dek, Commander of the Hungarian Home Defence Forces,
and Colonel-General (Retired) Klmn Lrincz,
former Commander of the Hungarian Home Defence Forces, both of whom,
while 1 was working in the Ministry of Defence,
helped me to acquire a better knowledge of
and respect for the Hungarian Armed Forces.
//
(j
CHAILLOT PAPER 23
Rudolf Jo
Rudolf Jo is a fonner
Hungarian Deputy Minister of Defence.
:ONTENTS
~~~
'Who guards the guards?'
for demoeratic regimes
v
- a fundamental
question
1
11
12
20
21
23
26
26
27
30
33
34
34
39
40
41
44
48
53
56
Rudolf Jo
'In this paper, a broad definition of the term 'control' is used. Depending on the
context, either or both of the usual meanings will be intended: '1. to check, test or verify;
2. a: to exercise restraining or directing influence over; REGULA TE; b: to have power over:
RULE.' (Webster's Ninth New Collegiate Dictionary, 1986, p. 285).
2'But who is to gu ard the guards themselves?',
~)
()
the Napoleonic wars contributed greatly to this process by, among other
things, fundamentally altering the way armed conflicts were waged. They
introduced the era of the nation-in-arms, in which the totality of society's
human and material resources were mobilized to fight the enemy.' In this
new era, the emerging, clearly distinguishable profi le of the professional
soldier, and the institutional separation of military structures, combined with
fundamental changes in the nature of warfare, required a more accurate
definition of the role and position of the armed forces in society.
England in the seventeenth century endured a painful political,
constitutional struggle between King Charles I and Parliament over who
ruled the Army. In the aftermath of a bloody civil war, clearer lines of
command were established.
It was Parliament, especially through the
Government that was formed from it, which established control of the armed
forces, although the King remained nominally the Commander-in-Chief after
the restoration of the monarchy in 1660.4 A century later, the framers of
the American Constitution,heavily
influenced by the English radical party
philosophy, cautiously drafted basic provisions concerning control over the
regular army and navy that the new federal politicai authority had
constituted. As The Federalist Papers prove, the Founders believed that
regular armed forces could threaten demoeratic institutions in two ways: (1)
the military leadership itself might attempt to take over power, and (2) a
government facing electoral defeat could use the army to hold on to power
by force.
The Founders succeeded in creating constitutional structures that
unambiguously subordinated the armed forces to politicai rule, and at the
same time divided central control over defence matters between the
legislative and executive branches. They gave the authority to declare war,
the power to raise and equip armed forces, and the making of rules and
regulations for those forces, to the elected Congress. They granted to the
executive (the civil government) the power to conduct war, and assigned to
3GeneraJ Sir John Winthrop Hackett, 'The military in the service of the state,' In
Soldiers and Statesmen (Washington: US Air Force Academy, 1973) p. 124.
"Richard Cohen, 'The UK system ofhigh command', lecture at the George C. Marshall
European Center for Security Studies, Garmisch-Partenkirchen, 1995, pp. 5-6.
the President, the popularly elected head of state and supreme civil authority,
the role of the Commander-in-Chief of the armed forces.'
In Europe, in the early nineteenth century, the experience of the
Napoleonic wars and developments within the German states influenced Carl
von Clausewitz in his philosophical conceptualization of the relationship
between political and military affairs. In his classic work On War, he
emphasized the point that 'war [is] only a branch of political activity: that
it is no sen se autonomous . .. If war is part of policy, policy will determine
its character . .. For it is policy that creates war, policy is the guiding
intelligence, and war only the instrument and not vice ver sa. ,6 Clausewitz
established the interrelationship between strategic (political) objectives and
the military means, and he pointed out that military action should always be
governed by politicaI requirements, that it must be subservient to ultimate
civilian goals and authority.
His analysis laid down the theoretical
foundations of civilian control of the military in modern states.
Currently, in the literature concerning the subject, the term 'civilian
control' is used interchangeably with 'politicaI control'. Civilian here simply
indicates the pre-eminence of civilian institutions, based on popular
sovereignty, in the decision-making process concerning defence and security
matters. This principal requirement obviously does not mean that civilians
are per se better decision-makers than people in uniforrn. In other words,
it is not the quality of being a civilian that makes the difference but the
quality of being a democratically elected or appointed civilian; of being the
representative of the demoeratic will expressed through due demoeratic
processes.
One of the basic tenets of representative democracy is that politicians
who exercise politicaI power are answerable to those who have elected them,
and in whose name they formulate and implement policies. The military has
no similar constitutional accountability vis-a-vis society - in party politicaI
terms the electorate.
Thus, it follows from the premise of popular
SFor a detailed discussion, see Richard H. Kohn, The constitution and national security
in the US military under the Constitution o/the United Sta/es, 1789-1989 (New York: New
York University Press, 1991), pp. 78-87; Thomas Peter Glakas, 'Congress, the power of the
purse, the committee system and the executive', manuscript of lecture at the George
C. Marshall European Center of Security Studies, Garmisch-Partenkirchen,
1995.
6Carl von Clausewitz, On War, edited and translated by Michael Howard and Peter
Paret. (Princeton, NJ: Princeton UP, 1976), pp. 606-7.
ej
7For a detailed discussion, see Kenneth W. Kemp and Charles Hudlin, 'Civil supremacy
over the military; its nature and its limits', Armed Forces and Society, vol. 19, no. 1, Fali
1992, pp. 8-9; Thomas Peter Glakas, op. cit.
8Sarnuel P. Huntington, The soldier and the state (Cambridge, MA: Belknap Press of
Harvard University Press, 1957), pp. 2-3.
should enable the government both to look after the national interest and to
respond to its citizens' concerns.
Civilian control is needed essentially to prevent the military - which
is an organized body that is legally empowered to use force on behalf of the
state - from challenging the state's duly constituted politicaI authority and
dominant values. It ensures that the armed forces will not endanger the
basic liberties, including popular sovereignty, that they are meant to protect.
The essential guarantee, which should be built into the system, is the
constitutional subordination of the military means to national policy, as
defined by the legislature. However, the establishment and maintenance of
civilian control is by no means a unilateral, exclusive move to conjine the
armed forces. It is, rather, a complex process of mutual accommodation,
with the aim of incorporating the military into the general system of national
institutions, delineating as clearly as possible its sphere of responsibility.
The effort to reduce military participation in politics, and make armed forces
'politically sterile and neutral' achieves its end by 'militarizing the military',
rendering it more professional and protecting its autonomy from
unconstitutional interference from the politicaI side." Civil government
should not intervene with professional military decisions on operational
matters. In a democracy, firm constitutional guarantees protect the state and also the armed forces - from two types of potential dangers: from
politicians who have military ambitions, or who would like to use or misuse
the military to attain politicai goals, and from serving military men with
politicai ambitions.
Among Western countries, irrespective ofthe size, military capability,
allied or neutral status of the state, there is broad consensus on the need for
politicai supervision of the military as a critical element in the preservation
of a Iiberal, pluralistic system.
Beside that, there are many political
institutions and societal conditions, which are similar or identical in most
Western democracies, and which support the shared principle of civilian
direction of the army. These are essentially:
"lbd., pp. 83-4; and Douglas Bland, 'Protecting the military in dernocracies: a neglected
dimension of civil-military relations', paper presented at the 1994 international research
seminar on demoeratic and civil control over military forces, NA TO Defence College,
Rome.
policy,
presenting
alternative
views and
"Peter M.E. Volten, 'On analyzing civil-military relations', research outline manuscript,
Centre for European Security Studies, University of Groningen, 1994, p. 4.
IIJoseph
S. Nye, 'Civil-military
relations and the consolidation of demoeraey' ,
Conference Report. International Forum for Demoeratic Studies, George C. Marshall
European Center for Security Studies, Washington, 1995, p. 20.
10
-)
()
and Decree 62-811 of July 1962).17 In practice, the President retains some
key areas (for instance, nuclear policy) within his exclusive personal
decision, while the administration of the Freneh Armed Forces is largely left
to the Ministry of Defence, and the Ministry for Foreign Affairs is charged
with the implementation and coordination of security and foreign policymaking."
In this complex relationship constitutional provisions,
personalities, separate bureaucratic interests and politicai kinships have their
imp act on the shaping of national strategy, including the choice of goals and
definition of means. Generally, when the President and the Prime Minister
are from the same famille politique, relations are expected to be less
problematic than in the case of cohabitation, that is divided executive power,
which France has experienced on two occasions during the Fifth Republic.
Nevertheless, even in these periods of composite politicai authority,
reasonable working contacts were able to produce results, as the basic
consensus on actions in Bosnia, or the publication of the Defence White
Paper, 19 have demonstrated in recent years. In a period of cohabitation, the
Prime Minister's influence on security and foreign policy is strengthened,
even though the President has the last word. The new democracies can learn
from the Freneh experience of demoeratic control of the Armed Forces,
especially concerning the practical application of the constitutional
requirement for shared responsibility between the President and the Prime
Minister.
The Spanish, and more generally the Iberian evolution of civilmilitary relations in the last two decades, shows interesting similarities with
current developments in Central and Eastern Europe, although the problems
have obviously not been the same. In Spain, the establishment of demoeratic
political control of the military was a gradual process spread over several
years after the end of the Franco regime. In the transition from authoritarian
rule to democracy, civilian control of the armed forces became a key issue.
Among the parties in Parliament, from the Allianza Popular to the
de la Dfense, 1994).
II
CIVIL-MILITARY
RELATIONS
IN FORMER COMMUNIST COUNTRIES
Despite the uniformity of the Communist one-party system, the former
Warsaw Pact was composed of a fairly diversified group of countries. !ts
member-states showed wide variations in size, cultural traditions, levels of
development, geostrategic location, ethnic composition and military
capabilities.
After the monolithic period of the early Cold War, the
differences bec ame more noticeable from the 1960s, and have become even
more apparent and significant with the profound change that has taken place
in the last five years. These changes (a) produced new states, (b) renationalized the security and defence policy of old states after the dissolution
of the Warsaw Pact, and (c) introduced new institutions which varied
20See Carolyn P. Boyd and James M. Boyden, 'The armed forces and the transition to
democracy in Spain', in Thomas D. Laneaster and Gary Prevost (eds.), Politics and change
in Spain (New York and London: Praeger Publishers, 1985), pp. 104-5.
12
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13
14
.:
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15
Army ended, and where the Communist Party (or the state) began." In this
context the c1assic bureaucratic axiom that where you stand (on policy)
depends on where you sit was practicaIly meaningless. This is an important
point to be emphasized when discussing the legacy of the previous regime
in civil-military relations.
The blurring of distinct roles undermined not only the demoeratic
standards, but also the armed forces, as a separate institution. It proved to
be harmful to professional autonomy; it reinforced political opportunism
among officers and selection on ideological criteria. Ideological conformity
and party favouritism frequently eroded military discipline and morale; at the
same time, reduced professionalism and obedience fed further politicization,
in a vicious circle.
Communist Party direction of the armed forces was neither
demoeratic nor truly civilian but it was real, and in most cases quite
effective. The Party defined military doctrine, strategy, and the main
objectives of the armed forces' development.
Following the Leninist
definition, 'the Party controlled the guns' - and it did so for very practical
reasons, using powerful machinery for the purpose. Recent history of the
countries of Central and Eastern Europe, and of the former Soviet Union,
indicates that the Communist Parties nev er fully trusted the professional
military. The armed forces were considered an extremely significant group
in terms of power, as they were both highly organized (maybe the best
organization after the Party itself), and possessed weapons. Consequently,
they were perceived by some as potential rivals to the Party, especially in
moments of succession crises - a problem that the Communist regimes
were never able to solve effectively during several decades of their history.
There were, in the Soviet Union for example, short periods when,
exceptionally, Party control temporarily weakened because of personal fights
within the politicalleadership, and senior military officers assumed a higher
profile in demanding more influence in decision-making. This was the case
for Marshal Zhukov, as Minister of Defence in 1955-57, and for Marshal
Ogarkov, as Chief of Defence Staff in 1985-88, but even at the se moments,
senior Soviet military leaders never challenged the supreme authority of the
Communist Party through an attempted military coup. In other Warsaw Pact
16
countries the situation was similar or identical, with the notable exception of
the introduction of martial law in Poland in December 1981. Even in that
case, however, General Jaruzelski behaved more as a national Communist
leader responding to threats to his regime than as head of the officer corps
seeking to impose greater military influence on society. The army acted
essentially on behalf of and in the interest of the Communist Party, in
conjunction with an important part of the civil nomenklatura."
Despite the fact that there was no tendency towards military coups
in Communist regimes, a robust apparatus was built up to prevent this
eventuality and to maintain the unconditional loyalty of the military to the
Party. The ways in which tight control was exercised included:
')
()
Poland' in 'Civil-
17
The second most important channel of Party influence was the Main
Politicai Department (or the Main Politicai Administration, as it was called
in some countries). The MPD was a legacy of the commissar system,
originally developed by Trotsky's revolutionary Red Army in 1918-19, to
ensure the loyalty of military officers charged with operational command
tasks." As was the case with many other Soviet institutions, the MPD was
copied in detail and introduced by the people's armies established at the end
of the 1940s in the satellite countries.
From that time unti11990, the year of decisive change, the Main
Politicai Departments continued to operate and evolve. They became hybrid
institutions: their units were introduced at various levels in the armed forces,
and at the same time they were directly linked with the Party's leading
organs - the Central Committee and the Politicai Bureau. They were
involved in every major policy question, and especially in matters of
indoctrination and the thought-control process." Despite its inclusion in
the structure of the armed forces, and despite the fact that its politicaI
officers as a rule wore uniforms, the MPD and its network remained an alien
body withinthe military and was viewed with great suspicion. Very often
the professional military considered the activity of politicai officers auseless
exercise, diverting time and energy from the real duty, or simply violating
the privacy of servicemen. Commanders worried about unity of command,
because politicai officers were quite often outside their control.
On
occasion, their presence developed into a system of dual command, which
obviously became a constant point of contention.
Beside their domestic functions, both the Party organization within
the armed forces and the Main Politicai Department also had international
ideological functions. The politicai education they provided had to deepen
'proletarian internationalism' among the Soviet military and other armies of
94% of ali Czechoslovak Anny commanders were Communist Party members. For Pol and,
Dale R. Herspring puts at 85% Party card holders among career officers, and 99% in East
Gennany. See Dale R. Herspring and Ivan Vol gyes (eds.), Civil-military relations in
Communist systems (Boulder, CO: Westview Press, 1978), pp. 132-3.
25R. Craig Nation, Black earth, red star. A history of Soviet security policy (London:
Ithaca, 1992), pp. 18-19:
26For a detailed presentation of the case of Hungary, see Dale R. Herspring and Ivan
Volgyes, op. cit., pp. 145-64.
18
()
ej
the Warsaw Pact, painting a very dark (and usuaUy very primitive) picture
of the aggressive, colonialist, and neo-colonialist nature of capitalist armies
in practice," In practice, 'internationalism' meant subordination of the
national interest to geopolitical considerations imposed by the Soviet Union.
It curtailed to a minimum national autonomy in defence planning and
military thinking, leaving a heavy legacy for the new regimes. AU these
internal and international reasons explain why in the early 1990s, when the
first freely elected governments in Central and Eastern Europe decided to
abolish the Main Politicai Departments, the step was explicitly we1comed by
the overwhelming majority of professional soldiers.
At this point, however, it is necessary to recall the sometimes
complex reality that had existed in the region prior to 1990. In the
Hungarian People's Army, for example, the sociologists who carried out the
first valuable studies on social stratification within the military, or on the
armed forces' image in society, worked as part of the Main Political
Department. It is odd, too, that the musicians of the Gypsy Orchestra of the
People's Army, designed to carry out so-called 'cultural tasks' within the
armed forces, were also attached to the MPD. The Polish People's Army
produced an even stranger case, directly subordinating the Army chaplaincy
to the Main Political Directorate. The MPD, responsible for an aggressively
atheist indoctrination programme, which went under the name of 'forming
a scientific world outlook', apparently did not see any contradiction in
coordinating simultaneously the activity of the Army chaplains."
The
incorporation of these otherwise useful functions into the Main Politicai
Departments demonstrated unambiguously the perversion of the system.
271na textbook designed for high schools, and more specifically military education,
published in Hungary in 1986, the capitalist army is defined as a 'concrete or dissuasive
instrument of the fight against the quantitative and qualitative development of the social ist
world system ... !ts objective is to annihilate ali progressive social systems, nascent or
emerging progressive movements, if needed by military means. In order to achieve their
goals, the developed capitalist countries created aggressive military blocs, among those
primarily NATO is seen as the main threat to universal peace. There is no region on earth
where peoples and movements fighting for social ism and social progress, are not threatened
by aggression.'
See Gyrgy Keleti, 'A bevonulkkal
szembeni kvetelmnyek'
(Requirements for conscripts) in Domonkos, Keleti, Ligrt and Nagy (eds.), Honvdelmi
ismeretek (Knowledge on Defence) (Budapest: Tanknyvkiad. 1986), p. 76.
28George C. Maleher. Poland's politicized Army (New York: Praeger Publishers, 1984),
pp. 227-9.
19
That does not, however, alter the overall assessment that the MPD as a
whole was counterproductive from both demoeratic political and professional
military points of view."
After the system ic change, the other institution that was
fundamentally reorganized in 1990 was military counter-intelligence. During
the Communist period it was another alien body within the Army because
in most cases it was subordinated to the Ministry of the Interior and its main
task consisted in monitoring Party loyalty and combating the ideological
'internal enemy', 'the anti-socialist forces'. The general experience was that
both officers in units and the military leadership accepted the abolition of
this organ without resistance and valued its restructuring on the grounds of
the real security needs and national interests of the individual countries.
The paramilitary units that are peculiar to the armed forces of the
Communist Parties demonstrated another aspect of the composite nature of
the military within the Soviet bloc. Their official names varied from country
to country: 'People's Militia' (ORMO) in Poland, 'Worker's Militia' in
Hungary (established after the failure of the 1956 revolution), 'Patriotic
Guard' in Romania, 'Territorial Defence Units' in Yugoslavia - almost
every Communist Party had its very special bodyguard. From the Party's
perspective, they served a dual purpose: on the one hand they contributed to
the militarization of society, as part of the general oppressive structure; on
the other, their establishment was designed to exert a kind of counterbalance
to the regular armed forces by separating those bearing arms into competing
units. In the hand of the top Party leadership, they frequently served as an
instrument of' divide and rule', and were used as an additional guarantor of
the survival of the regimc." Both society and regular armed forces gained
when the militias were abolished at the beginning of the 1990s.
29For this reason, it is more than surprising to read a Western scholar's conclusion in
the previously cited book, published in 1978: 'On balance, the Main Poiiticai Administration
has probably made a positive contribution to military efficiency', Timothy J. Colton, 'A
participatory model', in Dale R. Herspring and Ivan Volgyes (eds.), op. cit., p. 59. In the
early 1990s, the societies and armies concerned themselves seemed to make a very different
assessment of the professional 'efficiency' of the MPD.
"Samuel
.,
~~
~
i\..
~.
iV
20
( --')
Civil-military relations mirror the society and the politicai regime in which
they are built up. Currently, in Central and Eastern Europe they reflect a
transitory society and political system in which old and newelements
coexist. Old and new laws, institutions and policy-making mechanisms, each
designed to serve a very different power structure, frequently exist side-byside. The same is true for the politicai culture of the respective countries,
which is not less important and which also contains a mixture of old and
newelements, as far as politicai reflexes, the inclination for tolerance and
the ability to compromise are concerned. Sometimes in the Central and East
European countries there is no motivation for compromise. Participants in
the politicai process tend to view events in terms of a zero-sum game: the
civil side's gain is the military' loss, and vice versa. In this perception,
compromise is a sign of weakness and not a natural part of the politicai
process.
In a country that respects the principle of the rule of law,
constitutional-Iegal regulations are keyelements.
They are necessary
although not sufficient conditions for the successful implementation of
demoeratic politicai control of the military, which is why institutional
arrangements must be complemented by educational programmes aimed at
raising the level of political culture. Society's fundamental consent to how
both civilians and uniformed servicemen should comply with laws and
political rules concerning defence and security is needed. In a demoeratic
learning process, alI of society, including the military, assimilate the
respective principles and regulations. Through consensus on shared values,
control by containment can gradually be transformed into control by
conviction, which is the ultimate guarantor of demoeratic functioning.
Nor, in speaking of the politicai culture in civil-military relations,
should pre-Communist historicai traditions be forgotten. In a region where
national political developments in the inter-war period were decisively
influenced by leading military personalities - aithough quite different
personalities in different countries, like General Pilsudski, Admiral Horthy
or General Antoneseu - the concept of civilian control of the armed forces
is not based on a long, organic demoeratic development. Thus, the specific
national historicai background should also be taken into consideration in the
on-going educational process.
21
In the last five years, every country in Central and Eastern Europe
has listed the principle of civilian control of the military as a policy
objective. The reasons for that are clear: demoeratic institutions are still
fragile, they are more vulnerable than mature democracies when confronting
challenges such as crises of government, economic depression, the escalation
of violence or the abuse of power. This is why the establishment of the
demoeratic direction of the armed forces has been a part of the
transformation process, which has varied considerably in speed and depth
from country to country.
Demoeratic control removes the temptation for the armed forces to
intervene in party politics, taking sides or enhancing their position. The rule
of law should therefore include clear norms, strong institutions and
mechanisms that delineate unambiguously the limits of authority of the
various actors, and also preclude any amalgamation of roles, and
consequently ideological and political aspects must be eliminated from the
activities of the military. Being neutral and non-parti san, the military officer
can serve several successive governments. He serves the state, and the duly
constituted (elected or appointed) state authority, and not just one segment
of the politicai establishment. In this respect, his position is very similar to
that of civil servants in a pluralistic regime. The experience of restructuring
previous central and local organs of government indicates that the
establishment of a party-neutral public administration is another crucial and
difficult task during this period of transformation.
Within a defence
ministry, which employs - or should employ - both military personnel and
civil servants, the difficulties of change are compounded, compared with
those faced by other, purely civilian state agencies.
If democracy is not a perfect system, that which exists in the period
of transition towards democracy in Central and Eastern Europe is even less
so. Currently , the gap between politicai objectives and societal reality is still
considerable in most countries of Central and Eastern Europe. Civilian
control as a major innovative idea has had to confront a series of obstacles
from the moment that democratically elected governments to ok office.
t-
22
31Chris Donnelly, op. cit. p. 7; Peter M.E. Volten, 'On analysing civil-military relations',
a research outline, manuscript, Centre for European Security Studi es, University of
Groningen, 1994, p. 8.
320ieter Mahncke, 'The role of civilian experts within the defence community', apaper
presented at the' 1994 international research seminar on Euro-Atlantic security, demoeratic
and civil control over mlitary forces', NA TO Defcnce College, Rome, p. 13.
23
-,
",
J3Thomas S. Szayna and James B. Steinberg cite the case of Czechoslovakia in op. cit.,
pp. 7-9. Aceording to the same report, we can, however, see an increase in popularity of the
military in theCzechoslovak
popular perception since the 'velvet revolution'. Ibid, p. 9.;
Analysing the growing defence awareness expressed in recent polls, Stefan Sarvas and M.
Vlachov (op. cit., pp. 12-14) establish an interesting interrelationship between political
orientation of respondents and their support for defence needs.
24
of their previous relative isolation within society, the military perhaps had
more difficulty than many other groups in adapting to the new, practical dayto-day conditions of a pluralistic democracy and amarket economy. In
many respects the military forrned a elosed society within a elosed society.
However, at this point also, we should not ignore the variety of internal
situations which existed in Warsaw Pact member states. In Hungary, in premartiallaw Poland and in Czechoslovakia during the 1960s, civil society had
at least a limited opportunity to open up slowly. Because of its strict
internal regulations, and its direct dependence on Soviet strategic
considerations, the armed forces could not follow society's narrow path to
liberalization. Consequently, in the changed societal and politicai context of
the early 1990s, for the military, leaving their insular sub-society, it was
harder to accommodate to the conditions of pluralism, for instance open
media criticism and public debates, which inter alia challenged defence
policy. It was not easy to adjust to the demands of the new economic
environment, to think in terms of the real costs in defining the defence
bud get and defence spending. In the region as a whole, this was not an easy
process for civil society either.
Thirdly, until the end of the 1980s, military servicemen could not
take advantage from the limited, but on occasion steadily increasing (as in
Hungary and Poland) personal contacts with the West and opportunities
offered by tourism. Even in the late stage of the bloc-to-bloc confrontation,
'Eastern' serving officers - with the obvious exception of military attachs
and intelligence officials - were largely unfamiliar with the reality of
society and armed forces in the West. This was, of course, not their fault,
but the consequences have been felt until the present time. Unfamiliarity,
lack of firsthand experience, combined with the extreme scarcity of those
speaking Western languages, led to a certain fear of the unknown which, as
a psychological barrier, has had its impact. It has limited, at least to some
extent, the dynamism of the reorientation of professional contacts in the
direction of the Western European and Euro-Atlantic communities."
Most of the civilians taking office in defence ministries in the early
1990s, by contrast, knew better the reality of Western countries and the
"This feature has changed since 1990 with the gradual opening and cultural
Westemization of society, which has also moved the armed forces further from their selfcontained and strictly cIosed organization. See Anton Bebler, 'The evolution of civil-military
relations in Central and Eastern Europe', NATO Review, August 1994, p. 30.
25
current trends in their security and foreign policies. This led again to some
differences in perception between civilians and military officers working
together.
In listing the problems that have hampered the smooth development
of civil-military relations, worsening budgetary conditions should not be
omitted. In almost all countries of the former Warsaw Pact, the last five
years have been characterized by a considerable military force reduction and
shrinking defence expenditure.
These facts are only partly due to the
changed threat perception in those countries.
The general economic
imbalance and inadequate financial means to fund military installations and
salaries played a significant role in the cuts. Some armies have faced the
problem of massive lay-offs. In other cases, for instance in Hungary, a
relatively large number of well-trained young officers left the armed forces
and entered the private sector, where incomes are four to five times better
those in the armed forces. The reduction in personnel in the armed forces
and resources that are inadequate to maintain technical equipments frequently
figured in the professional grievances voiced by the military leadership.
Officers have felt that they are not understood and that their interests are not
taken into consideration. On occasion - even if indirectly and in elosed
debates senior military leaders have aceused the new politicai
establishment of incorrect threat assessments, or insensitivity to the real
national security needs.
The evolution of civil-military relations has also depended to a large
extent on the special characteristics of ex-Communist countries and armed
forces. The Soviet UnionIRussia has represented a very special case in this
respect. Because of its size, capability, former internal and international
role, the military of the ex-Soviet superpower possessed a weight and status
within society that had no equal in Central and Eastern Europe.
Consequently, the attitude of this force to the painful process of
SovietlRussian disintegration and transformation has been and will remain
a decisive factor in the general politicai evolution.
Among the small and medium-sized nations of the former Warsaw
Pact, the position of the Polish Armed Forces should be distinguished.
Leaving aside the defunct GDR, Poland had the second large st military in
the Soviet bloc. To this fact should be added a traditionally strong esprit de
corps among Polish officers and the popularity that these armed forces
gained through centuries at critical mo ments when the nation was fighting
for independence. Even though during the Cold War it was used to serve
26
the Communist regime's needs, the military continues to command the
respect of the Polish population.
The Czech Republic and Slovakia provide further examples of the
complexity of the military transformation process. In their case the effort
to reform defence policy went in parallel with the process of founding a state
and creating a brand new national army and defence ministry.
eJ
()
The institution where this progress was first noticeable was parliament itself.
The Iegislatures ofthe individuaI countries have gradually begun to resembIe
their Western counterparts in their daily functioning. In national assemblies,
defence committees (or armed forces committees) have been established,
where in most cases the re are heated debates when military budgets are
discussed, or when reports are required from MODs or from defence staffs.
However, currently these committees do not yet have authority comparable
to that of many anaIogous Western institutions: very often they lack basic
information, or appropriate financial and human resources (for instance, a
necessary number of experts or advisers assisting parliamentarians or their
party groups, in their legislating or supervising activity). Thus, on average,
in the countries of the forrner Warsaw Pact, parliamentary checking of
severaI deci sive areas of defence policy is still rather weak."
The other major fieId in which the role of parliaments has been
cruci al is legislation in defence matters. The transformation needs a cIear
legal and constitutional framework that defines the role of the armed forces,
their size, structure, strategic requirements and defence priorities. InitiaIly,
3SFor a more detailed discussion see Jeffrey Simon, 'Central European civil-military
relations and NA TO expansion', National Defense University, Washington, MacNair Paper
39, Aprill995, pp. 153-7.
27
36Conference papers presented by a number of Central and East European authors (see
ttmiela Geisbacherova, 'Civil-military relations and the process of democratization in the
glovak Republic', p. 2; Sorin Enculescu, 'Parliamentary control on the armed forces in
!2.bmania', p. 5. Manuscripts, Centre for European Security Studies, University of Groningen
. )4; and Yevgeni Alexandrov, 'Rights and duties of the soldier - citizen in uniform in
ilgaria', paper presented at the 1994 NA TO Defence College conference, Rome, p. 2)
operly point out the role of the President, as Supreme Commander, in the establishment
civilian control. Two remarks are necessary, however: (1) The President, as CommanderChief, alone does not equate to civilian control. (An article published in NATO Review,
tober 1994, quotes a senior Ukrainian officer who describes demoeratic accountability in
: Ukrainian Armed Forces thus: 'The President is Commander-in-Chief
of our armed
ces. The President is a democratically elected civilian. Therefore, we have democratic,
'il control ofthe armed forces.' NATO Review, October 1994, p. 22.); (2) The President
I only be an effective component of demoeratic control if his constitutional
powers are
~'.~~ arly defined (which is not the case in most Central and East European countries).
,"
,
.:
,.
'..
'i;',' .
,,
(,!~.
!.":,:-","':'"
~:.l'
:.,\,
28
-')
37For a detailed discussion, see for instance Louisa Vinton, 'Defense Ministry shake-up
in Poland', RFElRL Research Report, 28 February 1992; Louisa Vinton, 'Poland's "Littlc
Constitution" clarifies Walesa's powers', RFURL Research Report vol. 1, no. 35, 4
September 1992; 'Poiiticai drama in Warsaw: uncivil relations', ISSN Newsbrief, February
1995, vol. 15, no. 2; and Jeffrey Simon, op. cit., pp. 40-72.
29
Ministry of Defence.
Within the MOD, the authority of the Chief of
Defence Staff, Tadeusz Wilecki, has been extended through organizational
changes.
(For instance, the politically sensitive Military CounterIntelligence, which was detached from the Defence Staff in 1992, was
retumed to it in 1994.) The process provoked heated debate in Parliament
about the effectiveness of ministerial politicai control, and led to speculation
in the media about who is really in charge in the MOD: the civilian minister,
Wojciech Okonski, or the Chief of Defence Staff, General Tadeusz
Wilecki.38
The Czech Republic is one of the countries that has made the most
progress in establishing demoeratic control of the armed forces. However,
it is not immune from the problems of gaps in the legislative framework, and
an unclear division of responsibility between thePresident, the Government
(Minister of Defence) and Chief of Defence Staff. As far as constitutional
ambiguity is eoncemed, the President's authority, as defined by the operative
basic law, is weaker than that of the federal president before 1992. As
Commander-in-Chief, for instance, he prornotes generals but these decisions
have to be approved by the Prime Minister. In particular, the President's
power to employ the armed forces during an emergency needs to be legally
c1arified in the future. 39
In practice, the everyday management of defence matters is controlled
through the Prime Minister via the Ministry of Defence. However, in reeent
years the imprecise delineation of competence has from time to time strained
relations between the Presidential Office, the MOD and the Defence Staff,
and has left substantial room for bureaucratic battles. Among other things,
it resulted in tensions between former Defence Minister Antonin Baudis and
his Chi ef of Defenee Staff, Karel Pezl, who had, on the other hand, close
relations with President Vaclav Have1.40 Though the primacy of the
minister generally was not questioned, the conflict adversely affected the
normal functioning of Czech defence management for some time.
38See for instance Miroslaw Cielemecki, 'Panstwo w panstwe' (State within the state),
.. Wprost, 11 June 1995, pp. 26-9.
~,.:
.'
39Fora detailed discussion see Pavel Mates, 'The Czech Constitution', RFFJRL Research
Report, vol. 2, no. 10, 5 March 1993, pp. 53-7; Jeffrey Simon, op. cit., pp. 129-36.
"
30
.
\
As can also be seen from the above examples, the presence of civilians in
defence ministries is another major, no less problematic aspect of introducing
demoeratic politicai control.
In Western democracies, a defence ministry is a civilian-Ied,
specialized governrnent body headed by a civilian minister who is
responsible for the management of defence matters. In most cases the High
Command is an integral part of the ministry, but military operational tasks
are separated from public administrative ones in the internal structure. In
Western Europe, in defence ministries, as a general rule uniforrned military
officers and NCOs work together with career civil servants, who impartially
serve whichever government is elected to office. This system, which is
deeply rooted, for instance, in the British tradition of public administration,
is different from the US model, where the number of politicai appointees,
brought in by each new President, is considerably higher.
41Ibid.,
p. 14.
31
42Thomas S. Szayna and James B. Steinberg, op. cit., pp. 19-20. See also Paber J.
Podbielski, 'Polish Defense and Security after the Warsaw Pact', Foreign Military Studies
Office, Fort Leavenworth, Kansas, 1991, pp. 4-6.
32
.:
(j
The reasons for this situation are various, and mostly specific to each
country. There are, however, common features, for example the shortage of
civilian experts, as noted earlier. Another obstacle has been the fragmented
and unstable domestic politicai landscape. The fragile nature of the new
democracies has been expressed in frequent government and personnel
changes. The Visegrad countries, widely considered to be among the most
advanced in their reforms, in the area of civil-military relations among
others, provide a practical illustration of this. Between 1990 and 1994,
Poland had five ministers of defence; the Czech Republic and Slovakia, with
the previous joint federal state included, also had five defence ministers. In
Hungary, one government was in office in this period, and only one person
occupied the post of Defence Minister, but personnel changes were more
frequent at the lower levels (state secretary, deputy state secretary). The list
of countries facing the same dilemma can also be extended to the Baltic
states, to south-eastern Europe and to the nations of the CIS. Short-lived
governments and frequent personnel switch es among politicians and civil
servants - which are not comparable in their effects to the frequent changes
of government that occur in some mature democracies, such as Italyor
Belgium - can have negative consequences for establishing demoeratic
politicai control. First, civilians are prevented from getting more fully
aequainted with defence matters.
Second, the image the military have of civilian politics suffers: politicians
are seen as very temporary creatures, whose impact on defence policy is,
after alI, negligible. Last but not least, democracy itself is discredited. To
some, the division of power can be seen as equating to weak government,
pluralism as synonymous with disorder.
This trend is potentially dangerous in the current situation in some
of the former Warsaw Pact countries that face economic decline and social
instability, sometimes combined with worsening ethnic problems.
In
countries with a weak civil society, a fragmented political party system and
a lack of effective government, the armed forces might be drawn info the
politicai arena, or could be used as a tool in the poiiticai struggle. In spite
of the disinclination of the military to become involved in coups, there are
countries in the former 'politicai East' where extremist politicians of the
radical Left or Right can manipulate the armed forces, reinforcing their
position in this institution, misusing the officer corps against rival political
factions, strikers, or national minorities, indeed against any group that
opposcs their values or interests. With an increasing part of society in
33
econernic difficulty, the desire for order and prosperity could also lead a
5rowing segment of society to look for a 'strong man' , a saviour in uniform.
This is not a concrete and imminent danger, but it remains a potential
threat."
'.'
4JThis concern is expressed in various articles and papers. See, for instance, Jacob W.
~ipp, 'Civil-military relations in Central and Eastern Europe', Military Review, December
992, pp. 32-3; Elena Poptodorova, 'Civil-military relations and civilian oversight of the
iilitary leadership in Bulgaria', manuscript, Center for European Security Studies,
Jniversity of Groningen, 1994, p. 10.
~;:~.
44For a detailed discussion, see Anton Bebler, op. cit., pp. 28-30 .
45 Antoni
1.
Kurylowicz, 'The role and mean ing of civil-miJitary relations in the Polish
.rmed Forces', in 'Civil-military relations in the post-communist states .. .', op. cit., pp.
2-5; Dale Hersping, '''Refolution'' in Eastern Europe: The Polish, Czech, Slovak and
lungarian Militaries', European Security, vol. 3, no. 4 (Winter 1994), pp. 664-90; M. Mae
34
(\
,
35
formed with the Left-liberal Alliance of Free Democrats. The two parties
together obtained more than two-thirds of the votes cast in the spring 1994
elections. Compared with 1990, the shift, though politicaIly important, was
not considered by the victors as a new 'systemic' change, but only as a
routine change of go vern ment.
Since 1990, for the Armed Forces as for other national institutions,
the major alteration in the domestic environment has been accompanied by
equally significant changes in the international context. With the dissolution
of the Warsaw Pact and then the complete withdrawal of Soviet troops from
its territory in June 1991, Hungary regained its sovereignty in a military
sense as weIl. The former Hungarian People's Army, like the other
'fraternal armed forces' in Central Europe, was totally integrated into the
WP military structure, and was subordinated to Soviet geostrategic
considerations - in practice to the Soviet Eastern Forces Group's war plans.
With the dismantling of the Eastern military bloc, Hungary's bridgehead role
of confronting NATO's south-eastern flank ended. (As a matter of fact, the
country's significance as a Soviet military support zone and transit route had
already diminished with East-West dtenfe in the late 1980s.)46
As part of the tectonic changes in its close neighbourhood, Hungary
witnessed the disintegration of three multi-ethnic stat es with which it shared
a common border: Czechoslovakia, Yugoslavia and the Soviet Union.
Between 1991 and 1993 the number of its neighbours increased from five
to seven, and five of the seven countries are new or re-defined states.
Hungary has a common border with three successor states of forrner
Yugoslavia: Serbia, Croatia and Slovenia, which makes for a unique and
quite uncomfortable geopolitical position on the European continent. The
war that broke outon Hungary's southern borders between South-Slavs has
affected Hungary seriously and most directly. Especially during its initial
phase, the eonfliet meant frequent violations of Hungarian airspaee and
borders by the Yugoslav Army, and in 1992-93 it resulted in the arrival in
Hungary of some 60,000 refugees mostly ethni c Croatians but,
~.~.
\;...
..\:
46For a detailed discussion see Tibor Kszegvri, 'The country's defence policy and the
ipportunities for our integration into the new European security system' in 'Army and
.ecurity policy in Hungary', Defence Studies no. 2, 1993, pp. 43-7; Sophia Clment,
.:
'::!
-: ,;
'"
"
.;
. f._
r'
.;.
'
Security and defence in Central and Eastern Europe', document prepared for WEU
\ssembly symposium by the WEU Institute for Security Studies, Berlin, 31 March-2 April
992, pp. 37-8.
36
C)
(J
47For a detailed discussion of the changing Hungarian threat perception see Ivn Bba,
'Irnyvlts
a magyar klpolitikban', (Orientation change in Hungarian foreign policy),
Windsor Klub Fzetek no. 2, December 1994, Budapest; Joseph C. Kun, 'In search of
guarantees: Hungary's quest for security', Potomac Papers, September 1993; George
Schpflin, 'Hungary and its neighbours', Chaillot Paper 7 (Paris: WEU Institute for
Security Studies, May (993), pp. 18-21; Lszl Valki, 'Nouvel environnement europen et
stabilit de I'Europe centrale', Politique trangre, 1991, vol. 56, no.!.
48See Lszl J. Kiss, 'New Foreign Policy: Hungary', in Hanspeter Neuhold. Peter
Havlik and Arnold Suppan (eds.), Political and economic transformation in East-Central
Europe (Boulder, CO and Oxford: Wcstview Press, 1995), pp. 248-54; Ivn Bba, op. cit.;
37
38
.-"
,1
49For more details see Alfred A. Reisch, 'The Hungarian Army in transition' , RFElRL
Research Report, vol. 2, no. 10,5 March 1993, p. 47; Alfred A. Reisch, 'Hungary acquires
MiG-29s from Russia', RFElRL Research Report, vol. 2, no. 33, 20 August 1993, pp. 49-53.
50'Cskkentik a honvdsgi ltszmot' (Cuts in military personnel), Npszabadsg, II
July 1995, p. 4; Magyar Nemzet, 4 May 1995, p. 5. See also 'Commanders'
consultation '.
Hungarian Office of NA TO/WEU, Information News/etter, no. 6, March 1995; Matthias
Rb, 'Ungarns ungemtliche Randlage', Frankfurter Allgemeine Zeitung, 31 March 1995,
p. 17.
39
to consult with the trade union prior to his decision' . HODOSZ won its
case, and the Court condemned the MOD for 'non-respect of obligation' .51
In connection with the modified (decreased) defence bud get for 1995, the
Trade Union of Career Soldiers (KSZ) joined its civilian partner union in
condemning the way the MOD had acted: 'We cannot speak about civilian
control, while two ministers [defence and finance] decide the annual budget
of the Armed Forces.
This way they simply call into question the
constitutional role of the Parliament. '52
In Hungary's current budgetary situation, realist critics do not
question the need for further cuts in defence spending, but in general they
reject the magnitude of cuts proposed by the Government, especially the way
the reduction was announced and has been managed so far. As a matter of
fact, during the last five years the overall military restructuring has had the
considerable handicap of being carried out in deteriorating economic
conditions.
Since 1990, the percentage of GDP spent on defence has
steadily decreased, from 2.50% in 1990 to 1.52% in 1994.53
Because of this trend, there has been a growing concern, express ed
in the Parliamentary Defence Committee's debates, and in various experts'
evaluations in 1994-95. It is feared that further cuts in the real value of
defence expenditure would result in a budget that was not adequate to ensure
the defence of the country, and might also discredit the proclairned political
will for military integration with the countries of the Western security
systems, where 2-2.5% of GDP is considered a minimum.
51<pertvesztett a miniszter'
II July 1995, p. 1.
52'Nem beszlhetnk civil kontrollrl' (We cannot speak about civilian control), Magyar
{emzet, 13 June 1995, p. 6.
S3'National Defence '93/94', Ministry of Defence, Budapest, 1994, p. 20; Ferenc Gazdag
nd Jnos Szab, 'Facts and conflicts in the development of the Hungarian Defence Forces'
ivilian control', manu script, Institute for Strategic and Defence Studies, Budapest, p, 2. See
Iso Dale Herspring, op. cit., pp. 682-4.
.
40
"'\
...
have become very important. To some foreign observers it has seemed that
the Hungarian Parliament has passed new laws at breathtaking speed.
However, from an insider's point of view, it was not fast enough to eradicate
completely the contradictions between the old and new systems. In the
defence area, too, Hungary still has to work with some elements of the old,
only partly reshaped legal framework. These vestiges have threatened to
undermine the legitimacy of the system, weakening its capacity to function
as a regulatory mechanism of the state. Given the requirement for effective
civilian control, this situation could be especially critical in the area of
national defence. Consequently, any legal moves aimed at elosing the gap
between the new politicai proposals and the old laws, which are still
operative, would contribute to greater legal coherence and a more
consolidated demoeratic environment.
Among the various new legal
regulations related to the armed forces, three documents (the Defence
Concept, the Defence Act and, later on in this chapter, the draft Service
Law) will be briefly surveyed, each having its own particular significance in
the nascent politicaI control of the military.
/~
\
S4'The basic principles of national defence of the Republic in Hungary', Fact Sheets on
Hungary, no. 9, Ministry for Foreign Affairs, Budapest, 1993.
ss, Basic principles of the security policy of the Republic
Security, vol. 3, no. 2 (Summer 1994), pp. 352-8.
of Hungary',
European
41
party interests. Its wording on the basic policy options was general enough
to be acceptable to every parliamentary party. The discussion preceding the
adoption of the document deaIt with essentially technical issues: for instance,
how to avoid two extremes in the formulation - meaningless generalities
on the one hand, and evanescent details of daily politics on the other.
Relatively few genuine politicaI differences were expressed in the debate.
The Hungarian Social ist Party delegates wanted to emphasize more the
importance of the then CSCE and less that of the Western security
frameworks (WEU, NATO). The Young Democrats (FIDESZ) argu ed that
the individual rights of soldiers should be emphasised more in the draft text;
other parti es wanted to leave this issue to the Service Law in preparation.
The Defence Concept states that the Hungarian Armed Forces have
excIusiveIy defensive functions. The country has no preconceived idea of
an enemy: it does not expect a traditional large-scale attack from any
direction. However, it cannot ignore on-going military conflicts in the
region, which involve mostly irregular forces. The eventual escalation of
these conflicts, and their geographic spread, poses a potential military threat,
a new type of challenge to the country. The paper then goes on to define
the priorities of the strategy and System of national defence. In The Defence
Concept it is pointed out (ArticIe 16) that, ultimateIy, Hungary's security
will be determined by membership of NATO and the Western European
Union. However, this may be a long way off. Meanwhile, security is more
likely to be strengthened as the country develops closer relations with these
institutions and their individual member states, as weIl as with neighbouring
states in the region. Such cooperation will enable Hungary to adapt better
to the international standards of the deveIoped armies, in every field.
(Law
ex
42
amendments were propo sed to the draft by individual MPs, and more than
- forty were actually adopted in the final version of the Draft Law.
In the detailed issues covered by the Defence Act, it was extremely
difficult to reach multi party agreement. The document, which replaced the
much amended 1977 Law on National Defence, covers almost the whole
domain of civilian control over the military. It stipulates a complex system
of checks and balances whereby the Cabinet, Parliament and the President
of the Republic all individually have a say in matters of defence policy. In
this sharing of power and competence, an parti es, both in government and
in opposition, were closely and directly involved.
Paradoxically, the adoption of aconsensual politicai text at the end
of 1993 was facilitated by a previous legal-political debate in which the
Prime Minister (and the MOD) and the President of the Republic had
') opposing views on the question of control.
The confrontation was
. highlighted by the fact that Prime Minister Jzsef Antall and Defence
Minister Lajos Fr were leading members of the Hungarian Demoeratic
Forum, which dominated the governing coalition.
On the other hand,
President rpd Gncz represented the strongest opposition party, the
radical-liberal Alliance of Free Democrats.
The key issue of who ultimately controls the Hungarian Armed
Forces showed a remarkable similarity with other Central European
'government (MOD) versus president' debates. Here, too, constitutional
ambiguity on the issue of authority was at the heart of the dispute, which
was sharpened later on by party-political differences. Antall's and Fr's
argument was based primarily on the fact that, by the terms of the
Constitution, Hungary is a parliamentary democracy in which the
Government (Prime Minister and MOD) is responsible to Parliament for the
conduct of overall policy, including that of defence, yet it cannot be
responsible for the implementation of policy if it does not possess the
necessary tools giving direct control over the armed forces.
Gncz's
, argument was based essentially on his responsibility as Supreme Commander
who can have a eriti cai role in national defence, especially in times of crisis.
Departing from this constitutional stipulation, Gncz regularly asked for
reports from the High Command. This situation on the one hand confused
the military leadership - to whom should it report and when? On the other
hand, especially in 1991-92, the military benefited from the unclear
circumstances of civilian control and increased its independence vis-a-vis the
political establishment as a whole.
(J
43
57For a detailed discussion see Alfred A. Reisch, 'The Hungarian Anny in tran~tion',
op. cit., pp. 49-50; see also Jnos Matus's panel discussion remarks in 'Civil- ilitary
relations in the post-Communist states in Eastern and Central Europe', a conference eport,
edited by John K. Skogan, Norwegian Institute of InternationalAffairs,
1993, pp. -7.
44
weakening of parliamentary control. FinalIy, the inclusion of guarantees (for
instance, the Government is obliged simultaneously to inform the Head of
State and the President of the Assembly of any actions taken) neutralized the
initial objections.
As a who le, the adoption of the Defence Act of 1993 constituted an
important milestone in the process of establishing civilian control over the
military in Hungary. It contributed to the clarification of the respective
spheres of authority of the National Assembly, the President and the
Government. Obviously, it did not solve all the legal problems that might
ari se in such a complex relationship. A new Constitution is currently being
prepared by Parliament, and this might add to further legal development in
this regard. However, it should be borne in mind that the problems of
po wer-sharing in Hungary and elsewhere in Central Europe that have been
described are only partly legal-constitutional. They are also, probably above
aU, political.
Consequently, no magic solutions can be expected from
constitutio nal texts alone.
(';
The Parliamentary
(~
,
Defence Committee
The Committee currently has 19 members: 9 from the Socialist Party, 4 from
the Alliance of Free Democrats (thus, 13 from the Government side); 2 from
the Hungarian Demoeratic Forum, 2 from the Young Democrats-Hungarian
Civic Party, 1 from the Christian-Demoeratic People's Party and 1 from the
Independent Smallholder Party (thus, 6 from the opposition)."
Seven
parlianentarians served in the previous Defence Committee of the Assembly,
arneng them the current chairman (from the Alliance of Free Democrats),
and one of the two vice-chairmen of the Committee (from the Socialist
Party, the other being from the Young Democrats), assuring in this way a
type of personal continuity in parliamentary control of defence matters.
Anomer element of continuity of civilian control is that farmer Minister of
Defeice, Lajos Fili, who held the office in the period 1990-94, is currently
a menber of the Committee on behalf of the Hungarian Demoeratic Forum.
The Defence Committee also includes two retired generals, now
parliunentarians, one from the Alliance of Young Democrats-Hungarian
SgA Honvdelmi
Bizottsg. A Magyar Orszggyls kiadvnya. (Defence Committee.
Publiration of the National Assembly), Budapest, 1994.
45
Civic Party, and the other from the Socialist Party. Both had already retired
from service when their names were put on the electoral list of their parties,
and subsequently took their seats in the Assembly.
Since 1990, the Defence Committee has become a real, functioning
institution, in contrast to the 'window-dressing' organisation of the same
name that existed under the Communist system. As a new demoeratic
institution, however, especially at the outset, it had some of the typical
difficulties of the emerging pluralist order. Most of the Committee members
lacked both parliamentary and defence expertise; nor did they have
experience in developing channels of communication between the legislative
and executive branches.
For instance, it was not elear which kind of
information parliamentarians can or should require from the Ministry of
Defence. There were no regulations on how elassified data should be treated
in such cases. How should parliamentarians' legitimate demands for access
to information be reconciled with the no less legitimate requirement to
protect the same information? How can issues be debated without violating
fundamental needs for military secrecy?
In recent years there have been several leaks from elo sed sessions of
the Defence Committee, and these also appeared in the media. In a recent
extreme case, documents containing elassified data issued by the MOD were
found in National Assembly dustbins. (In the latter case the fault, in the
mailing procedure of the MOD, was also revealed (adrnitted) by the
investigators. r"
Budgetary
limitations
have
constituted
another
problem.
Parliamentarians have frequently lacked the necessary financial and
professional technical assistance from which their counterparts in established,
affluent democracies very often benefit in order to perform their duties
correctly.
In spite of these problems, the increasing activity of the Defence
Committee should be acknowledged.
Parliamentarians have acquired
increasing domestic and international expertise. Increasingly, party politicai
differences have been articulated in connection with defence policies. The
Committee has been especially active in the area of bud get decisions and the
control of expenditure. It has listened to regul ar reports from representatives
ofthe Defence Staff and to briefings from top officials of the Defence and
',',
46
(-)
47
in Magyar Nemzet,
48
49
December 1993 laid the legal grounds for the re-integration of the Defence
Staff into the MOD. The preparatory work started in January 1994,64 but
was stopped in July of the same year, when the change of administration
occurred.
In the model adopted in the early 1990s, the MOD is the locus of
'the very essence of civil-military relations of any society, and the core of
the relationship between armed forces and society. ,65 This is the cruci al
point at which the military meet e1ected politicians (the minister and the
'political state secretary' in the case of Hungary) and civil servants (from
desk officers to the 'administrative state secretary' and deputy state
secretaries).
The organizational structure that had been developed by mid-1994
tried to take into account the experiences of several Western countries on the
one hand and the consequences of the previous division of the MOD on the
other. The process of restructuring progressed slowly, but it involved
civilians in increasing numbers. Some of them had party affiliation with the
centre-right coalition government in office; this was mostly the case of
appointments to vice-ministerial (state secretary, deputy state secretary, chief
of ministerial cabinet) positions.
However, the majority of civilians
(economists, lawyers, sociologists) entering the Ministry between 1990 and
1994 were party-neutral, or had even former Hungarian Socialist Workers'
Party membership (as was the case of three or four choices for relatively
influential positions within the MOD). Professional training and personal
ability were the essential qualifications in the 'civilianization' process in the
MOD after the politicaI change. Nevertheless, the leadership of the MOD
between 1990 and 1994 failed to make a elear policy deci sion on whether
it wanted to follow the non-parti san 'civil servant' (for instance, British) or
the 'political appointee' (for instance, US) model in the 'civilianization' of
the Ministry. A substantial ambiguity remained in this reg ard, which proved
to be prejudicial to the success of the experiment in this first, critical period.
The Hungarian Socialist Party-Alliance of Free Democrats coalition
that took office after the May 1994 electoral victory appointed a Socialist,
co
1990-94),
and Oxford:
50
("'
.
)
Minister of Defence
Administrative
State Secretary
Deputy State
Secretary
Dept for
Military
Affairs
Dept for
Education
& Science
Dept for
Administration
& Legal Affairs
ri
ri
-
Deputy State
Secretary
I
I
Dept for
Defence
Resource
Management
Office of
International
Analysis
Planning*
Dept for
International
Relations
Ministerial
Secretariat
r-
MOD Institute
of Military
Technology
1--
MOD
Procurement
Agency
"----
Management
Agency
PoJiticaJ
State Secretary*
Deputy State
Secretary*
Dept for
Infrastructure
Govemment
Frequency
Supervised by
the Minister
of Defence
1-
f-
NATO
Dept*
Dept for
Multilateral
Cooperation
Deputy State
Secretary
H
H
Private
Office
Personnel
Department
Office of
f- the Ministry
of Defence
Dept for
Public
Relations &
Cultural Affairs
f-
t-
MOD Zrnyi
Publishing
House
MOD&HHDF
Military
Representation
I
Press
Spokesman
MOD&HHDF
Military
rRepresentation
at the OSCE
MOD Institute
for Strategic &
Defence Studies*
Organizations outside {
the MOD Structure'
*Civilian
Source: Hungarian Ministry of Defence, National Defence 1995.
MOD Office
for Press
Relations
MOD Field
Chaplaincy
Service
MOD Office,
for Budzetarv
getary
Supervision
MOD Office
for Defence
Coordination
52
'--
.r
Stefan Sarvas, 'The Professional Corps in Central and Eastern Europe and Politics',
manuscript, Centre for European Security Studi es, University of Groningen, 1995, pp. 5-6.
67
68 Among
numerous_ . .a:I1i~I~.?--see-MJ1gyaL Hidap,-JJ---MarGh---l-99~;!3.
8~ Het-i-------------PilJigC;;da~g,-12No~ember
1994, pp. 103-4; Npszabadsg, 24 September 1994, p. 9;
Magyar Hir/ap, 5 July 1995, p. 3. A position paper issued by the Batthyny Foundation, a
Budapest-based think-tank, inc1uding opposition intellectuals, has a1so to be cited: 'Hungary
and NA TO', Batthyny viewpoint, Budapest 1995, p. 2.
------
53
requirements,
69
69Seethe interview with Foreign Minister Lszl Kovcs, Magyar Nemzet, 29 July 1995,
p. 7. Kovcs distinguishes several areas where Hungary's compatibility with Western
institutions already exists, and some others, including civilian control of the military, where
'further efforts should be made'.
"Ivan Volgyes, op. cit., pp. 146-7.
71Ferenc Gazdag and Jnos Szab, op. cit., p. 1.
54
'J
alienation was the excessive secrecy imposed by Warsaw Pact rules, which
confined career soldiers (and of ten also their families) to a kind of closed,
insular sub-society. The internal life of the armed forces usually functioned
aceording to a very different set of standards: military officers and NCOs,
even until very recently, were subjected to unjustified and professionally
unreasonable restrictions on their individual rights. For four decades, these
features diminished the appeal of the military profession, despite some social
advantages, such as relatively high salaries.
Even in an established democracy, military service requires the
acceptance by the individual of a number of personal restrictions. The
soldier's freedom, however, should be limited only to the extent required by
his mission. The limitations must be codified, and they should not lead to
abuse of power by superiors or to any subjective limitation of individual
rights. In a demoeratic state the soldier has to be a citizen-soldier, a
Staatsbrger in Uni form, to use the widespread German term.
In Hungary, even now the legal status of military personnel is laid
down by the still operative, mu ch amended, law of 1971. Since 1990, there
has been no doubt of the need to redefine the status of members of the
Hungarian Armed Forces, in line with the requirement for a modern defence
on the one hand, and respect for basic civil and human rights on the other.
The law in preparation is also viewed as an instrument which might help to
restore the professional and social prestige of the military and remove them
from their previous legal and societal ghetto. Work on the draft 'Law
concerning the legal status of the soldier' lasted more than two years. The
various previous versions of the text included input from a large number of
legal and military experts and representatives of both the High Command
and soldiers' associations.
In practice, several important questions have had to be answered,
beginning with how the protection of individual rights can be reconciled with
the demands of military discipline and effectiveness."
Commanders have
justifiably expressed reservations when they have heard excessive rhetoric
n'A trsadalom s a fegyveres erk' (Civil society and armed forces), Zrinyi Mikls
Military Academy, Hanns Seidel Foundation, Batthyny Lajos Foundation, Budapest, 1993;
Szab Jnos, 'A civil kontroll elmlete s elvrsrendszere'
(The theory and the
requirements of civilian control), Magyar Honvd, 21 Aprill995,
pp. 10-\\; and
'Academics, politicians and the subject of reform', Hungarian Centre for NATO/WEU,
Information Newsietter no. 5, February 1995.
--'--
.--
55
''---'
.....
'---"
on the need for 'democratic armed forces' (as opposed to 'armed forces in
a democracy'). On the other hand, some military leaders have approached
the idea of the protection of the soldier's interests with old-fashioned
prejudices. In fact, civilian politicians have not produced any ready-made
recipe for settling this issue either. Are military trade unions (of the German
and Dutch type) viable solutions, or would some other procedures (for
instance a control and protection mechanism within the MODs, which has
been introduced in several Latin, Mediterranean countries) perhaps better
serve the soldiers' interests?" The Hungarian draft Service Law legalized
the military trade unions that already existed de facto, but it also
incorporated some other arrangements from international experience in this
area.
In early 1994, during the inter-ministerial coordination of the Draft
Law, the opposition of the Ministry of Finance delayed approval. In the end
a compromise formula was found for the provisions with budgetary
consequences (artic1es related to servicemen's pay, pension, etc.). Finally,
in February that year, the Cabinet passed the Draft Law to the Assembly for
consideration."
The latter, because of its overloaded agenda and the
approach ing electoral period of spring 1994, left the text to the newly elected
and reconstituted Assembly, which took office in July 1994.
The new Governrnent withdrew the Draft Law, emphasizing the need
for renewed consultation and revision, a move that was related partly to the
fiscai implications of the Draft Law for the already strained state bud get.
A new round of consultation has started and the revised Draft Law was to
be submitted to the Assembly by the end of 1995.
Besides the de-politicization of the Hungarian military and the
restoration of its national .identity, since 1990 most of the efforts aiming at
restoring the prestige of the military profession have been directed towards
the development of a legal-political culture that accepts the idea of the
'citizen in uni form ,. As part of these efforts, a 'Department of Human
Services' has been set up within the Defence Staff. Working contacts have
73For the Freneh solution to the protection of the soldier's interests, see 'Le Conseil
suprieur de la fonction militaire', a speech by Contrleur-Gnral
des Armes Bennette
to the College Interarmes de Dfense, Paris, 14 January 1994.
74'A katonk jogllsrl szl trvnyjavaslat' (Draft Law on the Legal Status of
Soldiers), no. 15414, Magyar Orszggyls (National Assembly), 17 February 1994.
56
")
CONCLUSIONS
("')
SOME POLICY
PROPOSALS
57
bloc are facing. In their case, the fundamental change in the international
environment has coincided with a profound systemic change in their internal
conditions. Thus, the reforms in civil-rnilitary relations under way have to
address both the after-effects of the Cold War - including the inevitable renationalization of defence policies after the disappearance of the Warsaw
Pact - and the heavy burden of the legacy of the former anti-democratic,
inefficient system.
This is a historically unprecedented challenge, with many risks, and
success is far from guaranteed for alI the countries that have engaged in the
process. It is no accident that the countries - the Czech Republic, Hungary
and Pol and, for instance - that have progressed most in the general
construction of the institutional underpinning of demoeratic government and
amarket economy, are also those in the vanguard regarding demoeratic
control of the military.
ParadoxicaIly, these are the same countries where there has been most
controversial politicai debate and in which there is much public criticism of
the course followed in this domain. On the one hand, this proves that the
first step in establishing civilian control is the realisation that there are
problems with civilian control.
On the other, it reflects a relatively
developed capacity to articulate politicai problems, which unavoidably
implies dissent in the process of the birth of the new regime. The problems
of Czechs, Hungarians, Pol es and others in this field are real, but the
progress they have made is real too.
A lack of politicai debate on these issues is not a sign of the healthy
development of civil-rnilitary relations. WeIl packaged diplomatic niceties
in approaches to Western institutions cannot be a substitute for real reforms.
In some ex- Warsaw Pact countries old reflexes still persist; sometimes
exercises in constitutional window-dressing are attempted in an effort to
cover up political-societal reality, something that has not changed too much
since Communist times.
Success or failure in establishing effective demoeratic control of the
military in Central and Eastern Europe could have a direct influence on the
outcome of the democratization process in the region, and on the future of
the security of this large zone adjacent to Western Europe. Furthermore,
failure to respect demoeratic principles and constitutional order in that area
would constitute, at least indirectly, a risk to the demoeratic structure and
politicai stability of the West. Consequently, it is in the interest of the
countries of EU/WEU and NATO to present to Central and Eastern Europe
58
')
practical examples which work. This is the most convincing way in which
they can project their demoeratic ideals to that region, as part of their
cultural and politicai identity," and as a result create a larger area ofshared
values on the European continent. In so doing, they will not only help the
consolidation of democracy in the former East, but also lessen the potential
risk of their own destabilization from outside.
The two major politicai initiatives of recent years in this area - the
establishment of an Associate Partner relationship with WED and the NATO
Partnership for Peace - include clear references to fundamental demoeratic
principles. The 'Document on a status of association with WED' contained
in the Kirchberg Declaration emphasized that 'an enhanced status based on
stability of institutions, guaranteeing democracy, the rule of law ... should
contribute to security and stability in Europe ... '76 The Partnership for
Peace Framework Document is even more explicit concerning civilian
control, requiring states subscribing to the document 'to cooperate with
[NATO] in ... (b) ensuring demoeratic control of defence forces.'?" When
building bilateral relations with Central and Eastern Europe in the last five
years, the member states of WEU and NATO, and also Western NGOs
(foundations, independent research groups), have focused on various aspects
of defence management in a democracy. This issue was included in the
bilateral cooperation of defence ministries of the farmer 'East' and 'West',
and in individual programmes of bilateral military contacts. The problem of
civilian control has been addressed in the curriculum of academic institutions
like the George C. Marshall European Center for Security Studi es,
Garmisch-Partenkirchen, Germany. It has been included in the research
activities of the Institute for Security Studies of WED, Paris, and the Centre
for European Security Studies, University of Groningen, the Netherlands.
As an illustration of cooperation between NGOs, in Hungary for instance,
conferences, workshops, and seminars sponsored jointly with Western
foundations and think-tanks, like the Hanns-Seidel-Stiftung
and the
7SLuc Stainier, 'Common interests, values and criteria for action' in Laurence Martin
and John Roper (eds.), Towards a common defence policy, A study by the European Strategy
Group and the Institute for Security Studies of Western European Union, Paris, 1995, p. 17.
7(The Kirchberg Declaration of the WEU Council of Ministers, 9 May 1994, Part ll,
p.2.
77Partnership for Peace: Framework Document, Brussels, 10 January 1994, para. 3.
59
Friedrich-Naumann-Stiftung
(Germany), the Institut des Hautes tudes de
Dfense Nationale (France), and the Institute for European Defence and
Strategic Studi es (UK), have contributed to the promotion of this crucial
element of demoeratic thinking and policy-making.
Any future programme aimed at developing civilian control of the
military in WEU' s Associate Partner countries:
should be based on the results and experience of the on-gomg
programmes mentioned above;
should no te that the establishment of demoeratic control is not an
event, but a process; and that the countries of the form er Warsaw
Pact are in general at the beginning of that process;
must be better suited to the specific conditions in individual
countries; even within Central Europe, the problems are not
everywhere the same, so that solutions suggested should not be
uni form either;
has to avoid wasteful duplication and overlap; a better coordination
of efforts would also be required on the part of Western institutions.
In addition to the promotion of principles, in future more attention
should be focused on the specific institutional arrangements of demoeratic
defence management, in other words how the ministries of defence are
organized, how relationships between Parliament, the MOD and the High
Command are developed, how defence budgets are worked out, and how
security strategies are formulated.
Western legal expertise can usefully contribute to the clarification of
constitutional and legal points in order to establish greater clarity with regard
to institutional
responsibilities
and prevent endless disputes over
interpretation. This remains a high priority in the transformation process.
Each Western country can make its considerable expertise available
to the new democracies, for example, Britain's model of how to build a
strong civilian-administrative component in the MOD; France's legal and
politicai experience, in the sharing of tasks and authority between the main
constitutional actors in security and defence policy; Germany's special
institutions that promote the individual rights of the soldiers, like the
Wehrbeauftragter (the Parliamentary speaker for soldiers' rights) and the
concept of Innere Fhrung (leadership and civic education in the armed
forces); the experience of Spain and Portugal in the in-depth transformation
~.
60
of the relationship between MOD and High Command during their transition
to democracy; and US expertise in military planning, programming and
budgeting, including the interrelationship of the executive and legislative
branches in these important areas.
Western models cannot and should not be copied by the new
democracies, because they do not fit in with their historicai and sociological
realities, which are different. However, everyday practice demonstrates that
these experiences can be usefully studied and taken into consideration when
developing new civil-military relations in Central and Eastern Europe.
If they wish to participate more extensively in this process, the
challenges and opportunities for the nations of the Western European Union
are great. More frequent, better coordinated exchange of views, and joint
projects between those involved in practice and academics concerning these
issues would create new links and mutually beneficial common networks on
both sides. They would also provide better opportunities for Associate
Partners to reach the required compatibility with WEU standards in all
respects.
{I
CHAILLOT
1*
2
3
PAPERS
March 1991
March 1991
November
1991
European integration
Roberto Zadra
Military cooperation:
Ren Van Beveren
7*
January 1993
May 1993
10
11
security relationship
in the 1990s
June 1993
September 1993
October 1993
12
13
Gut of print
February 1994
'1
on current policy
questions written cither by members of the staff of
the Institute or by ontside authors commissioned by the
Institute. Early drafts of the papers are normally discussed by a seminar or study group of experts convened by the Institute and publication indicates that
the Institute regards the paper as a useful and
aurhoritarive contributien to the wider debate. As
the Institute do es not have opinions of its own, the
views expressed in any of its publications are the
responsibility of the author concerned.