Statutes as updated on 15th October 2001, 31th October 2002, 13th October 2009, 7th October 2015 and 16th October 2017.
Art.2 Scope of the Association
Art.4 Requirements and Territorial Limits
Art.5 Status of the Members
Art.6 Status of the Associate Members
Art.7 Status of the Observers
Art.8 Associational Elements
Art.9 Senior Council of Directors/Commanding Generals
Art.10 Annual Presidency of the Association
Art.11 The Commissions. Working Procedures
Art.12 Attributions of the Human resources Commission
Art.13 Attributions of the Service Organization Commission
Art.14 Attributions of the New Technologies and Logistics Commission
Art.15 Attributions of the International Affairs Commission
Art.16 Attributions and working procedures for the Secretariat of the Presidency
Art.17 Bilateral exchanges of personnel
Art.18 Procedures for admission into the Association
Art.19 Revision procedures
Art.20 Working language
Art.21 Final instructions
THE GENERAL COMMANDER OF THE ITALIAN CARABINIERI, THE GENERAL DIRECTOR OF THE SPANISH GUARDIA CIVIL, THE DIRECTOR GENERAL OF THE FRENCH NATIONAL GENDARMERIE, THE GENERAL COMMANDER OF THE PORTUGUESE GUARDA NACIONAL REPUBLICANA, THE GENERAL COMMANDER OF THE TURKISH GENDARMERIE, THE COMMANDER OF THE ROYAL NETHERLANDS MARECHAUSSEE, THE COMMANDER OF THE MOROCCAN ROYAL GENDARMERIE, THE GENERAL INSPECTOR OF THE ROMANIAN GENDARMERIE, AND THE GENERAL DIRECTOR OF THE JORDANIAN GENDARMERIE FORCES, THE GENERAL DIRECTOR OF THE TUNISIAN GARDE NATIONALE
Having determined that establishing some form of political, economic and judicial co-operation between European and Mediterranean Countries would provide an opportunity to enhance in-depth reciprocal knowledge on security objectives of common interest;
Taking into consideration the desire to enhance relationships between the respective institutes expressed in Madrid on May 12th, 1994 with the undersigning of a Common Declaration; considering the universal declaration of human rights, the united nations convention against torture, the united nations convention against corruption and the European convention for human rights;
Noting the intentions expressed during the meeting of directors and commanding generals held in Madrid on October 20th, 1998 and the results of the work carried out by the commissions during 1999, which confirmed and highlighted the reciprocal interests and needs;
Having determined lastly, the structural and organizational similarities, as well as the relationship between the institutional tasks and operational missions assigned;
On the feasibility of combining efforts and proceeding, in accordance with international agreements and national laws, with the establishment of an Association which will be referred to as the International Association of the Gendarmeries and Police Forces with Military Status FIEP).
This Agreement governs the purpose, elements and their respective authority, the functional procedures of the International Association of the Gendarmeries and Police Forces with Military Status FIEP as well as procedures for admission and those for revising the Agreement.
Scope of the Association
This Association facilitates understanding between participating Institutes with the intention to pursue and strengthen relationships and bonds established, promote innovative and active ideas on the type of police cooperation, strengthen reciprocal solidarity and enhance external organizational and structural models, agree in accordance with current international agreements and national regulations, to exchange information and experiences in the following sectors:
– Human Resources;
– Service Organization;
– New Technologies and Logistics;
– International Affairs.
The term “Gendarmeries and Police Forces with Military Status” is defined as an organization under military code which has mainly the competence or (co) responsibility for aspects such as:
a. The prevention of and investigation into criminal offences under Judicial Authority;
b. Maintaining public order under local or national civil authority and which may in addition be assigned various administrative tasks.
Requirements and Territorial Limits
The Association is open to all Gendarmeries and Police Forces with Military Status of the Countries which are Members of the Council of Europe and other Mediterranean Countries and which want to develop a reciprocal form of collaboration in those sectors indicated in subsequent Art.2.
The membership to the Association imposes the obligation to share the fundamental values derived from the principles of fundamental freedoms and rights, as well as the international standards of human rights in policing. The membership also implies for each member of the Association to ensure the same respect for these values within its own organisation.
Status of the Members
Members are all Gendarmeries and Police Forces with Military Status of the Countries which are Members of the Council of Europe and other Mediterranean Countries. The entry procedure for Members applies in this respect. The status of Member grants the right to participate in the Commissions and the Summit with voting capacity.
Status of the Associate Members
Associate Members are all the Gendarmeries and Police Forces with Military Status which do not comply with the geographical requirements mentioned in Art 4. The status of Associate Member grants the right to participate in the Commissions and the Summit in a nonvoting capacity.
Status of the Observers
Observers are all Gendarmeries and Police Forces with Military Status, who do or do not comply with the territorial limits and want to become Members or Associate Members of the FIEP Association, after having complied with what is stipulated in no 1 of Art 18. The status of Observer grants the right to participate in the Commissions and Summit in a nonvoting capacity.
Elements of the Association are:
- The Senior Council of Directors/Commanding Generals, which is responsible for evaluating the condition of the relationships, directing further activities and defining the objectives to be achieved;
- The Presidency, which is responsible for representing the Association and conducting all activities generated by the decisions made. In order to perform the tasks assigned during the one-year mandate, the Presidency is assisted by the Secretariat of the Presidency, which is competent for the tasks indicated in art. 16 below;
- The Departments of each Institution liable for FIEP issues, which ensure the continuity of works, whereby prepare measures and decisions to be proposed to the Commissions or to the Senior Council. To this aim, they define a point of contact (POC) responsible for the regular exchange of information with the other FIEP actors;
- The Commissions of Representatives of the Member Institutions, one for each sector involved.
Senior Council of Directors/Commanding Generals
- The Senior Council of Directors/Commanding Generals, which is the strategic decision-making organ, is made up of Members of the Association. During the annual meeting, it defines the general policy and program for each commitment undertaken by the Association. The Members unanimously accept all the decisions, which are formalized at the end of the annual meeting by the signing of a Common Declaration. Each Member or Associate Member may put off internal implementation of any decision.
- The above mentioned official meeting is usually preceded by a preparatory meeting which aims at examining matters of interest. During this meeting, the Members will:
- examine the outcomes of the Commissions and seminars of the past year, with the objective to propose some orientations to be taken for the future;
- propose the general topic which will be treated in the different commissions under the responsibility of the new Presidency;
- approve the order of the day, which will be brought to the attention of the Directors/Commanding Generals;
- prepare the Common Declaration to be signed during the Senior Council of Directors/Commanding Generals.
- If necessary, for urgent matters, the Presidency may either, on a case-by-case basis and after having obtained the opinion of all Members:
- when important, call a special general meeting;
- when appropriate, submit a decision to electronic approval.
Annual Presidency of the Association
- The Presidency of the Association has a one-year mandate. All Members cover this position on a rotational basis, according to the calendar shown in Annex 3 of this Agreement, and after a minimum of two years experience as full Member.
- The country which holds the Presidency is responsible for arranging, organizing and hosting preparatory activities as well as the Meeting of the Senior Council of Directors/Commanding Generals which usually takes place around the end of October each year. At the end of the above-mentioned international meeting, another Member of the Association will take on this function based on the turns established.
- Apart from representing the Association, the Presidency is responsible for the smooth flow and coordination of all initiatives, and therefore is called upon to oversee, control and evaluate the programs decided by the Senior Council, assisted by the Secretariat of the The outcome of the mandate, as it relates to activities carried out and the direction of future programs is contained in the Common Declaration.
The Commissions. (Working Procedures)
- Four Commissions have been formed with the purpose of implementing the Senior Council’s decisions through concrete achievements, initiating collaboration between active sectors, enhancing common patrimony through experience, coordinating exchanges, encouraging study and detailed planning of initiatives to be carried out, presenting requests to the European Union and other entities in order to develop combined activities.
- The Member that holds the Presidency must appoint a Chairman. Each Commission is chaired by the Chairman.
- Each Commission is hosted, on a rotational basis, by a Member or an Associate Member based on an appropriate calendar. It meets once a year and operates in line with directives received from the Chairman, together with the Secretariat of the Presidency and in accordance with instructions provided by the Senior Council.
- The Presidency and Members can propose throughout the year, as a supplement to the Commissions, the organization of seminars and other cooperation projects on specific and concrete topics.
- At the end of each year, the Secretariat of the Presidency presents the results of the work performed by the Commissions, together with the plans proposed for any particular sector – notified by the Host Institution of the specific exchange activities – to the Senior Council of Directors/Commanding Generals for approval.
- FIEP Members, including Associate Members, are invited to focus their works on practical topics related to police issues directly useful for all Institutions.
- The works of the Commissions are conducted according to the Working protocol in annex 2.
Attributions of the Human Resources Commission
1. The Human Resources Commission is in charge of:
a. Developing exchange of experiences and best practices by organizing meetings/seminars for personnel in charge of Human Resources management, including training and recruitment;
b. Facilitating the harmonization of recruitment policies by exchanging statistical data (selection tests, level of candidates, etc.) and updating respective regulations;
c. Updating the FIEP Courses Catalogue for the following year;
d. Comparing training methods and programs used by the training institutes for the various categories, as well as exchanging training documentation for mutual personnel formation;
e. And any other pertaining field of interest.
2. The Human Resources Commission is in charge of promoting:
a. Intensification of contacts and exchanges among specialists in required operational fields (e.g. forensics and judicial police, environmental police, community policing, stability policing, crowd and riot control, cybercrime and web monitoring, special Intervention, coastal surveillance, mountain rescue, canines and any other pertaining field of interest etc …);
b. Twinning of Training Institutes, inter-exchange of representatives and instructors of Schools, common continuous training and linguistic courses ;
c. The respect of deontology, ethical and human rights rules in Gendarmeries and Police Forces with Military Status;
d. Activities referring to applied psychology;
e. And any other pertaining field of interest.
Attributions of the Service Organization Commission
The Service Organization Commission works towards: 1. Exchanging information and experiences in the field of regulations and operations, legislative and regulatory texts, investigative techniques which refer to important challenges such as:
a. fight against organized crime, including drug and weapons trafficking, terrorism, trafficking and smuggling of human beings, and illegal immigration networks, as well as cybercrimes through contacts among authorities, visits, courses, seminars and meetings even held periodically with the various units;
c. enforcement of public security and public order;
d. environment and artistic heritage protection.
2. Promoting collaboration in those fields, as well as in any accurate operational activities such as: coastal surveillance, bomb disposal/anti-sabotage, border police, stability policing, international peace support missions and any other pertaining field of interest;
3. Intensifying contacts in the field of Public Relations and deontology;
4. And any other pertaining field of interest.
Attributions of the New Technologies and Logistics Commission
The New Technologies and Logistics Commission promotes collaboration and exchange of respective knowledge, experience and studies, if needed by organizing meetings and seminars, in the field of:
- Materials, such as protection and intervention equipment, technical means for criminal investigation, forensic systems;
- Computer science and digital technologies, including hardware and software systems, use of internet/intranet for operational and judicial purposes, advanced systems for processing data and pictures, system protection, fight against cyber threats, cyber defence;
- Information and communication technology, including intranet, radio and satellite capabilities;
- Means of transportation and other logistic issues;
- Any other pertaining area of interest.
Attributions of the International Affairs Commission
1. Worldwide Gendarmerie and Police Forces with the Military Status can be invited to the commission in order to present themselves to the FIEP members
2. The International Affairs Commission has the task to select the projects of common interest in view to identify which Members (minimum 2) will introduce the project to the competent International and Regional Institutions in order to obtain funding to support FIEP practical activities and initiatives.
3. International and Regional Organisations representatives can be invited to deliver their expertise in this framework.
Attributions and working procedures for the Secretariat of the Presidency
- The Institution in charge of the Presidency sets up, for its one-year mandate, a Secretariat of the Presidency located at its Directorate/Headquarters, which:
a. conducts all activities generated by this Agreement;
b. facilitates contacts among the Commissions and acts as liaison with the Points of Contact from each Institution;
c. identifies Gendarmeries and Police Forces with Military Status around the world and submits proposals to the Senior Council pertaining to initiating cooperation processes with them, on a case by case basis, in view of the spread of the Association model and the creation of a gendarmerie worldwide network;
d. internationally promotes the Gendarmeries and Police Forces with Military Status model to partners (organizations, associations, institutions, etc.) in order to provide a leading role for the Association within the gendarmerie international community, by planning and conducting related activities such as visits, conferences and seminars;
e. promotes the Association model, its duplication in other sub-regions, and the development of a gendarmerie worldwide network. In this respect, a Force could be invited to attend a FIEP Commission, on a case by case basis and with the approval of all FIEP members, in order to better understand the functioning of the Association.
- The above organ constitutes an office responsible for collecting and managing all matters related to activities decided and conducted by members. In this respect, the Secretariat:
a. is responsible for drafting all necessary documentation and carrying out any consequential bureaucratic activities, in line with the accomplishment of the tasks assigned;
b. is used as a focal point in relation to the third parties;
c. organizes and coordinates combined activities and any related accomplishments as well as all preparatory meetings;
d. represents a point of reference for collecting and distributing reports and information;
e. acts as a centre for preparing the minutes of meetings and makes sure that any action resulting from the decisions made under these circumstances be carried out by preparing the Common Declaration;
f. makes sure that action be taken on the decisions made by the Commission, by obtaining a report with the results of the activities carried out and any commitments programmed;
g. examines general or specific proposals and requests presented by the signatories;
h. monitors and coordinates the internal and external communication, as well as communication tools of the Association, by ensuring the functioning and updating of the communication means (such as the Internet website).
Bilateral Exchanges of personnel
- To enhance reciprocal relations and encourage collaboration amongst the sectors indicated in art.5, the Association promotes personnel exchange programs between the Parties.
Procedures for admission into the Association
- An application for admission is to be submitted through the Presidency. The application is to be accompanied by an invitation for an introductory visit. The Presidency will invite the applicant for the presentation of their organization during a Commission meeting. The Presidency will appoint a delegation consisting of at least three officers from the Presidency, incoming Presidency and other Members, and will send the delegation to the candidate country for a fact-finding mission. The report of the fact-finding mission must contain a description of the organization and mission of the candidate force. To this end, the Presidency draws up a mission order and immediately provides the other Members with the report.
- The Observer status is granted through a unanimous decision of the Senior Council of Directors/Commanding Generals and becomes official in the Common declaration.
- Admission of a new Member or Associate Member is decided according to the same process after the requesting Institution has spent a sufficient period of time as Observer. This period of time, which lasts at least one year, is needed to fully verify the structural similarities and institutional affinity of the Gendarmeries and Police Forces with Military Status candidate, to ensure successful collaboration.
- Each Member has the right to one vote.
- Membership is lost:
a. by resignation;
b. upon decision of the Senior Council of Directors/Commanding Generals, as a result of failure to adhere to the instructions contained in this Agreement.
Any proposal to modify the current Agreement is addressed to the Secretariat of the Presidency in turn, who will take action by transmitting the proposal to all Members of the Association, for examination. Acceptance, which must have the consensus of all Members, becomes official when published in the Common Declaration of the Directors/Commanding Generals.
- The working language for official communications and the preparation of documents indicating the common will of the Members of the Association is English. Nevertheless, communications and documents above-mentioned are written either in national or working language.
- The host country can determine the meeting language and, in this case, will take necessary measures to translate the meeting into English.
- All Members of the Association on this date of October 16th, 2017 approve this agreement, once viewed and examined.
- Each new Member – upon admission – must meet the requirements of the current agreement and explicitly declare acceptance.
MEMBERS, ASSOCIATE MEMBERS AND OBSERVERS OF THE ASSOCIATION
French Gendarmerie nationale – 1994
Italian Arma dei Carabinieri – 1994
Spanish Guardia Civil – 1994
Portuguese Guarda Nacional Republicana – 1996
Turkish Jandarma – 1998
Netherlands Koninklijke Marechaussee – 1999
Moroccan Gendarmerie Royale – 1999
Romanian Jandarmeria – 2002
Jordanian Gendarmerie Forces- 2011
Tunisian Garde Nationale – 2016
Palestinian National Security forces – 2017
Ukrainian National Guard – 2017
Argentinian Gendarmeria nacional – 2005
Chilean Carabineros – 2005
Qatari Lakhwiya Forces – 2013
Brazilian National Council of the General Commanders of the Military Police and Military Fire Corps – 2017
Djiboutian National Gendarmerie – 2017
WORKING PROTOCOL FOR THE COMMISSIONS
As agreed upon on the occasion of the FIEP Senior Council in Amman – October 16th, 2017
- The present document aims to implement a series of procedures dedicated to render the FIEP Commissions more efficient, based on the following algorithm:
– at least 30 days before the meeting of the Commission, the Presidency sends proposals of topics which could be tackled during the meeting in order to guide the presentations and discussions which will take place on this meeting;
– the Presidency issues the minutes at the end of the meeting, which will additionally be sent to all members in maximum 15 days from the closing of Commission workings;
- In addition to the general theme of the Presidency, on the agenda of each Commission meeting can be included proposals for different cooperation projects, with the aim to take full advantage of the national expertise and to improve the outcomes of the Association. The topics must be related to the field of each Commission and should be essentially practical. The proposal will be sent in advance to the Secretariat of the Presidency, together with a description of the cooperation project, the timetable suggested, the expected results and other relevant information. The Commission shall decide on the proposals and the project leader. The consequent exchange of information should be preferably implemented by electronic means and the final results will be forwarded to all the Parties and presented to the next Senior Council of the Association.
- In order to provide a complete understanding of the importance of each proposal made, of the decisions taken, of the cooperation process dynamic within FIEP, as well as continuity of efforts, a FIEP PoC of each member will participate in each Commission, along with a relevant specialist, if needed.
- In order to speed up the decision process within the Association, the FIEP PoC’s will be mandated by their commanders to take decisions and to express positions on FIEP matters.
- Representatives of the Members take the decisions by majority with 2/3 criteria during the commissions. Meanwhile, the Members have to decide unanimously during the Senior Council of Directors and Commanding Generals, for topics related to, but not exclusively:
– Amendments of the FIEP Statutes
– Members statues
– Admission of new members
– Freezing a membership as a result of failure to adhere to the instructions contained in the FIEP Statutes
ROTATIONAL CALENDAR FOR THE PRESIDENCY AND SECRETARIAT OF THE PRESIDENCY
- THE NETHERLANDS
In case of additional adhesions, the new FIEP members will be inserted at the end of the rotation program. This document is an Annex to the current Statutes in accordance with art.10.
FIEP Admission Process
( Steps , Standards and Procedures)
STEP 1 – intention letter
– the applicant institution has to send a letter of request of admission to FIEP to the Presidency of the Association, showing a short description of the force, its main responsibilities, , and also a general sentence regarding the invitation of a FIEP delegation to the applicant country, in order to assess the applicant structure and its functioning, as indicated by the FIEP Statute.
STEP 2 – invitation to present the force during a FIEP Commission
– after the Presidency receives the intention letter and with the consent of the majority of FIEP members, the applicant institution will be invited to present its capabilities and missions during one of the Association’s Commissions. with one or two representatives
– the applicants will be invited only if they are a Gendarmerie or Police Forces with Military Status and they respect the principles of fundamental freedoms and rights. Thereby complying with articles 3 and 4 of the statutes
– the applicant will be received by the Commission’ organizer as any other FIEP force, from the logistic point of view (accommodation, meals and internal transportation covered by the host institution).
STEP 3 – presentation of the force
– the applicant institution will make a concise but comprehensive presentation during one FIEP Commissions about its force in terms of legal framework, military status, organization, competencies, missions, training, personnel, logistic, international aspects, human rights, etc. The presentation will be followed by a Q&A session in order to clarify all the points
– after the presentation, the FIEP members will decide if the admission process has to be continued or not, according to the decision making rules stipulated in the Statute
– the applicant will leave the meeting room when discussing about continuing the admission process or not.
– the Presidency will inform the applicant about the decision taken, in due time, motivating the rejection, if the case;
STEP 4 – Fact Finding Mission (FFM)
– in order to prepare the FFM, the Presidency will send a questionnaire to the applicant, to which they should answer accordingly, in English. The Presidency will provide the completed questionnaire to all FIEP members, before the FFM.
– the Presidency will appoint at least three representatives from the FIEP institutions (the current Presidency, the subsequent Presidency and at least one more member) in order to evaluate the institution on the spot. Visits to relevant units and their commanders will be organized, as well as meetings with local authorities (administrative, judicial) which are used to working with the candidate force
– the applicant will receive the FFM team following the FIEP logistic rules (accommodation, meals and internal transportation covered by the host institution).
– at the end of the FFM, the FFM team delivers a final report, as stipulated in the FIEP Statutes. This report makes recommendations to the Association, whether or not it should grant the Observer status to the candidate force.
– a consultation is made by electronic means after the FFM and the presentation of its report during a commission. This consultation aims to gather the official positions of the members on the admission of the candidate force.
– based on the result of this consultation, the Presidency :
* either informs the candidate that it is welcome to join the FIEP and sends a formal invitation to its commander for the next Senior Council
* or informs the candidate that its request has been rejected, motivating the rejection, if the case.
STEP 5 – becoming FIEP Observer
– the admission of a new force within FIEP is officially decided on the occasion of Senior Council’s Meeting, that takes place once a year, in October, and it becomes official in the Common Declaration signed by the General Directors/Commanders of the FIEP institutions.
– the first year (or more, on a case by case basis) gives to the new comer the right to the observer status, which implies the fact that the force can participate to the FIEP Meetings, but cannot vote.
STEP 6 – becoming FIEP Member
– after the applicant force has spent at least 1 year as an observer, on the request of the force and with the unanimous approval of the FIEP full members, the observer may obtain the full or associate membership status according to the requirements set in the Statutes.