Oct 2010 Article



Better Secuirty
Published by: Chartered Quality Institute Journal Quality World Oct 2010.

Since the end of the Cold War, private security companies have played an ever more important part in supporting defence and reconstruction activities in countries all over the world. These companies have become vital in maintaining security in unstable areas of the world, particularly in the aftermath of the September 11 attacks in New York. Increasingly, these companies are also being employed to support missions against organisations involved in drug trafficking and organised crime.
Over the last decade, amidst the growing demand for resources for the “war on terror”, the use of a private security company by organisations to provide specialised services related to or containing expertise previously associated exclusively with state defence and security, has become even more frequently reported. Meanwhile in the literary world, PSC books are fast becoming as sought after as those about the SAS were in the previous decade.
The sudden growth of PSCs was noted back in 2004 by David Isenberg in his report A Fistful of Contractors. He wrote: “The increase in the use of PSCs has grown dramatically over the last ten years. During the first Gulf War in 1991, for every one contractor there were 50 military personnel involved. In the 2003 conflict, the ratio was one to ten.”
This growth in demand for PSCs has been driven mainly by the US government in response to a number of elements, including:
·         The break-up of traditional Cold War factions
·         Mass reduction and scaling down of military forces in both the East and West
·         Reduction of funding to security services in the US and the UK
·         Reduction of funding to military powers
·         Outsourcing of military activities – this is especially prevalent in the US.
These elements have contributed to the unprecedented growth of a new security industry, resulting in the emergence of PSC entrepreneurs who have entered and developed this rapidly expanding market of military specialists. In addition, this trend looks set to continue, as David Isenberg confirms: Probably the single most important lesson that will be taken from the experience in Iraq is that other countries will conclude that despite whatever imperfections there are in privatising military functions, overall it works. One should expect to see continued military outsourcing by western countries in the future.”
Alongside this continued growth of PSCs have come ongoing concerns relating to the control and management of their activities. Certain events have brought into question the ethical and legal qualities of the PSC “product” within the marketplace, highlighted in events such as the death of four Blackwater contractors in Fallujah, the battle of Najaf, the Abu Ghraib prison incidents, the crash of Blackwater 61 and the Nisoor Square Shootings.

Rolf Uesseler also highlights an example of this lack of regulation in his book, Servant of War. “It is impossible to tell from either a uniform or a passport whether a Croatian, Pakistani, Colombian, Irish or Ukrainian fighter is a former soldier in a regular army, a mercenary, a rebel or a terrorist.”
Of course, there could be a potential control and credibility solution to these issues through the tool of standardisation. PSCs which are not being sufficiently controlled or monitored could have a seriously detrimental effect on countries and governments and cause unnecessary risk to their clients, members of the public and their own personnel.
On the other hand, there is evidence to illustrate that competent and qualified PSC operatives have often performed above and beyond the requirements of their contract and in some instances led and outperformed regular troops to ensure a successful outcome. This is primarily due to the fact that a large percentage of PSC personnel are ex-members of special forces, the regular army, or ex-police force members with a wide range of military and counter-terrorist experience. So how do we ensure that all PSCs employ competent and qualified people who operate to a consistent high standard?

The drive for acceptability

PSCs are involved in a two-front engagement, one being fought in various fields of operations around the world such as Afghanistan and Iraq, the other being carried out in the boardrooms of London and Washington DC. PSCs, to ensure acceptance and credibility, must demonstrate that they are not mercenaries but that their companies are professional, their employees competent and, most importantly, they have been trained and qualified by legally authorised sources.
PSCs need to demonstrate through a structured, agreed method that they aim to assist in bringing conflicts to an end and do not have an interest in keeping them going for their own financial gain. This need has already been identified by UK PSCs, who have responded with the creation of their own organised official UK trade body, the British Association of Private Security Companies, a UK version of the US International Peace Operations Association. The BAPSC website states its aims are to: “raise the standard of operation of its members and this emergent industry, and ensure compliance with the rules and principles of international humanitarian law and human rights’ standards.
“The BAPSC will work towards:
·         The promotion of transparent relations with UK government departments and international organisations
·         The promotion of UK values and interests, and compliance with the laws of countries in which its members operate
·         The provision of guidance on the substance and requirements of international statutes
·         Understanding the need to balance the provision of security services with the legitimate concerns of those affected by the delivery of those services.”
The level of support that PSCs currently provide for allied forces confirms the US/UK standing on the use of PSCs is set to continue, especially with the level of public sector cuts planned by the UK government. Some might even say that the more you come to rely on PSCs, the harder it will be to operate without them. However, the use of PSCs and their current processes of selection, recruitment and training raises concerns such as:
·         Employment strain on regular armed forces
·         Level of qualification and competency of PSC personnel
·         Legality of personnel, eg do they have a criminal a terrorist record?
·         Legal standing of PSCs and their personnel
·         Identification of PSC personnel on the ground
·         Management and awarding of contracts
·         Traceability of personnel for complaints’ procedures.
PSC entrepreneurs recognise that control and accountability of PSCs is vital for the continued success and existence of the PSC marketplace. However, it will be only through acceptance and contractual requirements by the clients and stakeholders that a practical and productive basis can be agreed and implemented.
Standardisation has long been influenced by the military with the successful use of military standards such as Mil-Q-9858A, as used by the US military, and AQAP, as employed by NATO. From these and other frameworks, the ISO 9000 series was developed. Due to the nature of the management systems specification standard ISO 9001, other standards have also been created to meet market-specific needs based on the successful plan-do-check-act cycle. Standards such as ISO 14001 for environmental management systems, ISO 27001 for information security management systems and OHSAS 18001 for occupational health and safety are similar to ISO 9001 in structure and purpose and all are recognised international standards commonly used in the civilian marketplace for the management of systems within organisations.
Many of the requirements in management systems are contractual and regulatory requirements necessary for an organisation’s existence within various markets in order to meet the needs and pressures of clients or governments. But standards do take time to produce. Compared to regulation, the creation of standards can also be more efficient in terms of time and the involvement of relevant parties.
That there is an urgent need in the PSC marketplace for regulation is clear, but that need should not distract from ensuring that an equal, effective and efficient system is developed via standardisation. The need for a standard which is managed by an independent body through certification within the marketplace will be vital to ensure transparency and independence.
Regulations can refer to and demand compliance with specific standards to enforce uniform activities and both regulation and standardization can then be used as a harmonised tool. As a result, the use of standards ensures that all relevant parties have an input, enhancing buy-in and commitment, but also making the regulation more effective and meaningful to a wider audience.
The need for employing standards and regulations in this area is not new. Although a number of UK PSCs within the marketplace already hold certifications to a number of standards and frameworks, ISO 9001 certification being the most common, and the UK government having produced a green paper in 2002 for regulating PSCs, no significant changes being made have been evident.
There is now significant cause for concern that no regulation is in place, with the British American Security Information Council fearing further repercussions resulting from the lack of effective regulation: “Any attempt to ban this sector will simply drive companies overseas, where they will be able to avoid regulation.”

A standard for PSCs

Due to the unique activities and needs of the PSC industry, and unlike regulation, which takes time to draft, approve and implement,  a possible solution for immediate development would be  a specific standard for PSCs focused on PSC companies and the clients such as governments that they represent. The direction and drive for this standard needs to come from both the PSCs and the government with guidance from an independent body to help ensure confidence and independence in the content of the new standard, and thus the protection of any future market.
The development of this specific standard through a joint coordinated effort under the direction of an independent body and driven and supported by government, clients and PSCs should enable a framework for all to work to, with internal and external monitoring of the systems used by each company. Like all standards, leadership, support and commitment will need to be shown by top management for the standard to be successfully accepted, implemented and managed within organisations.
The proposed development of a PSC standard in the UK will require commitment, support and leadership from the following parties:
·         UK government – ensuring that certification to the standard is a pre-requisite to being able to operate and be classified as a PSC.
·         Client base – UK government, Ministry of Defence, non-governmental organizations to ensure that only PSC companies certificated to the PSC standard can tender for contracts.
·         PSC top management and infrastructure – ensuring that the standard is given the required support and resources for it to be successfully implemented and thus  provide the potential for continual improvement.
·         Interested parties – ensuring that cooperation and joint development of the PSC standard is used as driving tool for addressing current issues.
The contractual requirement by clients for PSCs to have certification to this new standard will be the critical starting point for the enforcement of it within the market, similar to how ISO 9001, OHSAS 18001 and are being used in civilian markets today. As PSCs have emerged through the activities of state government outsourcing, governments have an economic and ethical requirement to their citizens and their armed services to ensure that companies hired to support their personnel on the battlefield are companies that are assessed, regulated, certificated and competent in their operation and the support of their own personnel. The development of a standard will be a major step towards achieving this aim.

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