By Cliff Montgomery – Nov. 27th, 2010
This month in Geneva, Switzerland, over 20 private security contractors (PSCs) are slated to meet with representatives from governmental and non-governmental groups from across the globe.
The PSCs will sign the International Code of Conduct for Private Security Service Providers.
It’s hoped the Code will “set forth a commonly-agreed set of principles for PSCs and…establish a foundation to translate those principles into related standards as well as governance and oversight mechanisms.”
But there’s a problem. The Code’s “oversight mechanisms” are to be determined at a later time– which means this self-policing policy of the private security industry may not be very effective after all.
The Swiss government in 2000 created the Geneva Centre for the Democratic Control of Armed Forces (DCAF)–it is a think-tank which discusses private security issues. The DCAF apparently was put together by the governments of Switzerland, the U.S. and the U.K.
Switzerland helped to frame the Code of Conduct.
The American Spark quotes the Code’s preamble below:
1. Private Security Companies and other Private Security Service Providers (collectively “PSCs”) play an important role in protecting state and non-state clients engaged in relief, recovery, and reconstruction efforts, commercial business operations, diplomacy and military activity.
In providing these services, the activities of PSCs can have potentially positive and negative consequences for their clients, the local population in the area of operation, the general security environment, the enjoyment of human rights and the rule of law.
2. The Montreux Document On Pertinent International Legal Obligations and Good Practices for States Related to Operations of Private Military and Security Companies During Armed Conflict recognizes that well-established rules of international law apply to States in their relations with private security service providers and provides for good practices relating to PSCs.
The “Respect, Protect, Remedy” framework developed by the Special Representative of the United Nations (UN) Secretary-General on Business and Human Rights, and welcomed by the UN Human Rights Council, entails acting with due diligence to avoid infringing the rights of others.
3. Building on these foundations, the Signatory Companies to this International Code of Conduct for Private Security Service Providers (the “Code”) endorse the principles of the Montreux Document and the aforementioned “Respect, Protect, Remedy” framework as they apply to PSCs.
In so doing, the Signatory Companies commit to the responsible provision of Security Services so as to support the rule of law, respect the human rights of all persons, and protect the interests of their clients.
4. The Signatory Companies affirm that they have a responsibility to respect the human rights of, and fulfil humanitarian responsibilities towards, all those affected by their business activities, including Personnel, Clients, suppliers, shareholders, and the population of the area in which services are provided.
The Signatory Companies also recognize the importance of respecting the various cultures encountered in their work, as well as the individuals they come into contact with as a result of those activities.
5. The purpose of this Code is to set forth a commonly-agreed set of principles for PSCs and to establish a foundation to translate those principles into related standards as well as governance and oversight mechanisms.
6. Signatory Companies commit to the following, as set forth in this Code:
a) to operate in accordance with this Code
b) to operate in accordance with applicable laws and regulations, and in accordance with relevant corporate standards of business conduct
c) to operate in a manner that recognizes and supports the rule of law, respects human rights, and protects the interests of their clients
d) to take steps to establish and maintain an effective internal governance framework in order to deter, monitor, report, and effectively address adverse impacts on human rights
e) to provide a means for responding to and resolving allegations of activity that violates any applicable national or international law or this Code, and
f) to cooperate in good faith with national and international authorities exercising proper jurisdiction, in particular with regard to national and international investigations of violations of national and international criminal law, of violations of international humanitarian law, or of human rights abuses.
7. Those establishing this Code recognize that this Code acts as a founding instrument for a broader initiative to create better governance, compliance and accountability.
Recognizing that further effort is necessary to implement effectively the principles of this Code, Signatory Companies accordingly commit to work with states, other Signatory Companies, Clients and other relevant stakeholders after initial endorsement of this Code to, within 18 months:
a) Establish objective and measurable standards for providing Security Services based upon this Code, with the objective of realizing common and internationally-recognized operational and business practice standards, and
b) Establish external independent mechanisms for effective governance and oversight, which will include Certification of Signatory Companies’ compliance with the Code’s principles and the standards derived from the Code, beginning with adequate policies and procedures, Auditing and Monitoring of their work in the field, including Reporting, and execution of a mechanism to address alleged violations of the Code’s principles or the standards derived from the Code–and thereafter to consider the development of additional principles and standards for related services, such as training of external forces, the provision of maritime security services and the participation in operations related to detainees and other protected persons.
8. Signature of this Code is the first step in a process towards full compliance.
Signatory Companies need to:
(1) establish and/or demonstrate internal processes to meet the requirements of the Code’s principles and the standards derived from the Code, and
(2) once the governance and oversight mechanism is established, become certified by and submit to ongoing independent Auditing and verification by that mechanism.
Signatory Companies undertake to be transparent regarding their progress towards implementing the Code’s principles and the standards derived from the Code.
Companies will not claim they are certified under this Code until Certification has been granted by the governance and oversight mechanism as outlined below.
