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A Private Security Panacea? A Response to Mean Times on
Securing the Humanitarian Space
by
Christopher Spearin
The University of British Columbia
Prepared for the Second Annual Graduate Student Seminar
April 30 - May 5, 2000
Canadian Centre for Foreign Policy Development
Since the end of the Cold War, it has become a truism to
state that humanitarian NGOs/IGOs in the field face new and
difficult challenges in securing the humanitarian space. In
the weak state environment, gone is the assumption that host
governments are willing or able to provide security for the
populace, let alone ensure that humanitarian operations are
able to proceed relatively unmolested. Given the obvious
importance of this issue, it is the subject of both
policymaking and intellectual activity. One such combined
endeavour is the 1999 report, Mean Times: Humanitarian
Action in Complex Emergencies - Stark Choices, Cruel
Dilemmas, issued jointly by CARE Canada and the Program
on Conflict Management and Negotiation at the University of
Toronto. In their report, the authors propose as a solution
that humanitarian organizations should consider relying on
the growing private security industry.
The focus of this paper is to expand upon and critically
evaluate the private security option through analysis of the
current evolutionary state of commercial security and a
consideration of the dilemmas this poses for humanitarianism
both now and in the future. Defining first what it means to
secure the humanitarian space, the paper then makes two
arguments. One, interaction between private security
companies (PSCs) and humanitarian organizations is nothing
new. Two, current capabilities, business strategies, and
perceptions of the private security industry coupled with the
lack of an effective regulatory framework for non-state
security simultaneously raise unique complications to
securing the humanitarian space.
Securing the Humanitarian Space
In 1995, then-Secretary General of the United Nations Boutros
Boutros-Ghali commented that securing the humanitarian space
was "one of the most significant challenges facing the
humanitarian community".(1) A basic definition for
"humanitarian space" seems straightforward; "a
consensual space for humanitarian actors to do their
work".(2) However, the
challenge for humanitarians is twofold. The first challenge
is that securing the humanitarian space is a dynamic and
multifaceted process made increasingly complex by the
intra-state and violent context in which humanitarians now do
much of their work. In revealing this dynamism, Larry Minear
and Thomas G. Weiss suggest that the appropriate way to view
this spatial metaphor is not as a walled room, but instead as
an accordion.(3) For them, the
expansion and contraction takes place along three main
interrelated lines: geographical, meaning that humanitarian
activity is restrained by facts of physical geography and the
limited means of humanitarian actors to over come them;
political, concerning the perceptions of local actors towards
humanitarian activities, regardless of whether they are
following the humanitarian ethic's characteristics of
neutrality, impartiality, and humanity and; security,
referring to violence or the threat of violence between
combatants, often also directed at noncombatants, that
prevents humanitarians from reaching those suffering. It is
clear that securing the humanitarian space is not one way; it
is determined by the capabilities and activities of each
actor and their interaction.
It is similarly clear for humanitarians that tradeoffs must
be made in their strategies and that in following the
humanitarian ethic, they may actually end up limiting the
quality and quantity of their assistance and even placing
themselves at risk. For instance, they may have to turn a
blind eye to banditry or the ways in which locals distribute
humanitarian assistance, thus limiting the benefit of
humanitarianism and perhaps even contributing to ongoing
conflict. Conversely, taking steps to combat these measures
can lead to accusations of partiality, real or perceived,
which raise hostility, forcing a comparable contraction of
the humanitarian space. Also, in some cases, just the
provision of humanitarian assistance is antithetical to
combatants following a strategy of terrorizing and sapping
the morale of civilians, making humanitarians the targets for
attack.(4)
Indeed, the physical security of humanitarians is also key
for securing the humanitarian space; without humanitarians,
the debate over tradeoffs would be meaningless. Over the
course of the past five years, humanitarians of all
organizational stripes have been subject to hostage takings,
threats of violence, and killings. To name only a few
examples, the United Nations High Commission for Human Rights
(UNHCHR) has lost personnel in Rwanda, delegates for the
International Committee of the Red Cross (ICRC) were murdered
in Chechnya, and CARE USA has suffered human loss in Somalia
and Sudan. One 1998 study even made the astute observation
that more Red Cross workers have been killed in action in
recent times than U.S. Army personnel.(5)
In light of this dangerous humanitarian environment, the
second challenge is that although this new context has also
necessitated the insertion of military forces such as
multinational peacekeepers, this action nonetheless entails
similar tradeoffs and complications along the three lines
presented above. At the extreme, the ICRC asserts that
complete independence of humanitarian activity is necessary,
regardless of the need for protection or problems with
delivery, because not only should humanitarianism be non
coercive, it should also not be tied, or perceive to be tied,
to a political agenda in which outside forces are but a
representative of a larger scheme. Nonetheless, in recent
years the ICRC has moved, albeit with great hesitancy,
towards acknowledging the role outside forces often have in
achieving general stability allowing for operations. Other
humanitarians have embraced, to various degrees, the role of
outside forces providing such macro elements as general
stability through to the more micro aspects of assisting in
the delivery and protection of assistance and providing
protection for personnel and compounds. The promise and
pitfalls in using military forces to help secure the
humanitarian space are revealed in the comments of Jan
Eliasson, the former United Nations Under-Secretary General
for Humanitarian Affairs: "NGOs rightly need to maintain
independence and distance from political issues in order to
have access to the victims and to preserve their humanitarian
credibility...Conversely, the presence of United Nations
Peacekeeping forces may secure a suitable environment for
humanitarian activities. These forces provide protection to
relief workers and protect the distribution of aid".(6) Therefore, it is clear that
in attempting to assist humanitarianism, the use of
international force is a double-edged sword.
But, as the Mean Times report implies, and others
overtly state, trying to dull the adverse effects for
humanitarianism may be a moot point.(7) Problems discovered in operations
in the early 1990s and a fear of sustaining casualties for
causes not directly tied to the national interest of the most
powerful states have led to a retrenchment, thus putting in
jeopardy humanitarians and their work. Certainly, casualty
sensitivity tied to the national interest is not necessarily
a bad thing. Stephen Kinloch notes that "[t]he fear of
casualties on the part of states can be considered a healthy
phenomenon, reflecting governments' responsibility and
their accountability for the lives of their citizens.
National armed forces are, after all, primarily for the
defence and protection of the interests and citizens of the
country they serve".(8)
However, no matter how healthy the sentiment, this once again
catches humanitarians between a rock and a hard place. On the
one hand, humanitarianism, encompassing both the personnel
and their activities, continues to require a reasonable
degree of security which military actors can provide. This
may only be provided, however, on a case-by-case basis
depending on the interests of those on the United Nations
Security Council or in regional forums. Moreover, once in
theatre, the military agenda may not coincide with the
humanitarian timetable. On the other hand, this means that
provision of outside force, when it is offered, is due to
particular national interest which might affect the
humanitarian space.
Here lies the appeal of turning to the private sector.
Undoubtedly, the outside introduction of potentially coercive
means for the sake of humanitarianism, whatever its source,
remains bothersome for many. But for those who have
experienced the perils of post-Cold War humanitarianism and
have gained a more pragmatic approach, commercial security
seemingly mitigates many of the dilemmas surrounding force
and securing the humanitarian space: it can be employed and
dismissed on the basis of performance and humanitarian,
rather than political, timetables and, in a related manner,
is not only available but also comes with no
political strings attached.
Private Security Providers and Humanitarians
To begin, it is important to define "private
security". For the purpose of this paper, it refers to a
spectrum of companies which have a distinct business nature
with a permanent core staff and on-going marketing. Their
range of services, their clientele, and their ability to
operate internationally vary from firm to firm. They make up
a booming industry both domestically and internationally, yet
are but bit players in a much larger trend towards
privatization of social and economic activity in states. In
this way, the neo-liberal restructuring of state activity is
also increasingly seen in the trend for states to rely on
NGOs to provide international assistance.(9) James Fennell, a former CARE UK
worker and now an advisor for Defense Systems Limited (DSL),
recognizes this shared lineage: "The increasing role of
commercial security companies may be viewed in a similar vein
to the increased policy and technical input of NGOs over the
past two decades to the provision of official relief and
development assistance to Southern nations".(10) Certainly, it would have been
surprising if the changing role of government in the
developed world, manifest in the privatization of welfare and
security in the domestic sphere, had not somehow permeated
foreign policy.(11)
The scope of activities performed by private security
providers to the benefit of humanitarians goes from soft
(passive/protective)to hard (proactive/aggressive). Training
is the activity nearest the soft pole. Depending on the
nature of the humanitarian client, the benefits of security
training have taken on increased importance for either
practical or ethical reasons for post-Cold War humanitarian
activities. On the practical side, despite the danger posed
to humanitarians in weak and crumbling states, studies have
shown that security-specific training has been the exception
rather than the rule, particularly for NGOs.(12) Sean Greenaway and Andrew Harris
found that only six percent of the humanitarians they
surveyed reported no concerns with security, yet many NGOs,
for example, do not have frameworks to assess risks or make
contingency plans and much of their experience in security
practices, techniques, and capabilities is garnered only from
earlier operations.(13) On
the ethical side, actors who wish to eschew robust responses
for the sake of not compromising the humanitarian ethic
favour training.(14) The
ICRC, for instance, has an extensive array of developed and
tested procedures and even has a simulation training site in
Switzerland that resembles an Eastern European village. While
in-house programmes such as this are elaborate and beyond the
means of many humanitarians, there is nevertheless a growing
marketplace for security training rooted in the basic
realization that security awareness, increased competency,
and level headedness are vital for the success of
humanitarian operations.
To serve this marketplace, many PSCs either currently hold
contracts with humanitarian organizations or have the
capacity to provide the requisite services. While some of the
training services are inappropriate for humanitarian
operations (anti-industrial espionage, sharpshooting, and
"getaway" driving to name but a few), many
providers have developed product lines sensitive to the needs
and operating conditions of humanitarians. Training offered
deals with such diverse yet crucially important aspects as
threat assessment, information management, contingency
planning, and convoy and emergency vehicle operations. DSL,
for one, provides a variety of security analyses, audits, and
training for a number of humanitarian clients: CARE, Caritas,
USAID, and United Nations bodies are some examples. These
services supplied by DSL and its competitors do not entail
the "hardening" of humanitarian organizations as
feared by many organizations, but instead deal with the ad
hocism that plagues many humanitarians' approach towards
security.
"Hardening", however, is possible through the
protection of humanitarian compounds and personnel. These
guarding services are similar to those offered by commercial
security to embassies, military bases, corporations, and
mining operations around the world. While most PSCs have
foreign nationals in the managerial positions in the field,
local recruitment is key. The ratio of foreign nationals to
local employees is determined by such factors as level of
risk, the size of the contract, the wishes of the client, and
whether or not training of the local workforce is required.(15) One company, the recently
closed Lifeguard, employed nationals from South Africa, the
United Kingdom, and the United States, but operated
predominantly in Sierra Leone. In its operations, which
included providing guards for diamond mines and the United
Nations and World Vision missions in Freetown, the ratio was
anywhere from three to fifteen local employees to every
foreign national. Similar operations performed by DSL for
seven different United Nations humanitarian clients in
Afghanistan, Rwanda, Somalia, Sudan, and Tanzania also rely
on local recruitment to varying degrees.
The "hardest" service, of course, is active
military assistance that would provide the general stability
in which humanitarians could work unmolested. Some PSCs
operate as "force multipliers" in that not only do
they provide military assistance in terms of procurement
strategies and training to local state-led forces, but they
also participate directly in combat on the behalf of their
employer. Indeed, the operations of the now defunct Executive
Outcomes (EO) in Sierra Leone (1995-1997) and Angola
(1993-1995) and of Sandline International in Sierra Leone
(1998) have been credited by local civilians and
humanitarians alike for the relative stability their presence
brought. Ian Douglas, a former Brigadier-General in the
Canadian Armed Forces and later a security advisor to various
United Nations operations in Africa, comments in the context
of Sierra Leone that "EO gave us this stability. In a
perfect world, of course, we wouldn't need an
organization like EO, but I'd be loath to say that they
have to go just because they are mercenaries".(16) As will be discussed below,
given the connection with the non-state use of force, this
option is the "hardest" in all senses of the word
for securing the humanitarian space. But it is important
still to note the praise given these PSCs for their
effectiveness and willingness to work in environments that
the international community generally avoids.
Current and Future Implications for the Humanitarian
Space
Is the private option the panacea for humanitarians? The text
above reveals that interaction between humanitarian IGOs/NGOs
and private security proposed by Mean Times already
exists on many levels. What is limited, however, is analysis
of the actual effects of this relationship on securing the
humanitarian space, analysis that considers the issues of
privatized peacekeeping and its implications for consent, the
problems related to legitimacy, and the long term financial
and political implications. Generally speaking, the more one
moves towards the hardened end of the spectrum, and the more
robust the nature of these activities, the more controversial
and problematic the effects on securing the humanitarian
space. These effects are unique due to the current state of
the private security industry.
Privatized Peacekeeping and Consent
Can there be such a thing as privatized peacekeeping? At
first glance, because of the continued desire of
humanitarians to have access to populations in need and a
secure environment conducive to the delivery of assistance,
the idea is appealing. Add to this the limited desire of
states to contribute troops to humanitarian endeavours, let
alone help devise rapid reaction capabilities or a
stand-alone United Nations force. Two related elements,
however, conspire against this.
First, the private security industry simply does not have the
numbers of personnel or the capabilities to carry out
post-Cold War peacekeeping. It is correct that though most
firms have limited permanent staff, several boast
hypothetical contractual access to several thousand
personnel; EO was able to draw from a manpower pool rich in
skills: engineers, medical personnel, demining experts,
communications technicians, and pilots. Also through
by-passing state and international bureaucracies, it was able
to mobilize much faster. It is also true that smaller
state-led humanitarian operations, such as France's 1994
Operation Turquoise in Rwanda which involved only
2,500 personnel, were deemed a relative success.(17) But even the management of some
PSCs and analysts strongly supportive of private security
question the ability of firms to provide the requisite number
of skilled personnel for long periods of time.(18) In fact, during the course of
EO's and Sandline Internationals' contracts in Africa
during the 1990s, never was there more than approximately 500
personnel contracted for any given operation, a far cry from
the 5,537 military personnel suggested for the United Nations
Observer Mission in the Congo (MONUC).(19)
Second, PSCs with experience in providing what could be
termed "top cover", or the ability to create a
secure environment through robust measures as opposed to
passive traditional peacekeeping, only engage in these
contracts with sovereign clients. These firms, as force
multipliers, capitalize on the manpower already available to
the state through the provision of training and other
assistance.(20) The
implications of these PSCs' particular services being
sovereignty oriented for the humanitarian space are twofold.
One, even if a PSC was somehow able to generate the necessary
manpower, it would accept a contract with a humanitarian
organization only with the consent of the state in which the
contract was executed, a highly unlikely occurrence give how
states particularly in the South guard the sovereign
prerogative. Private security has, for international legalist
Juan Carlos Zarate, "developed a modus operandi
compatible with the needs and strictures of the post-Cold
War, state-based international system".(21) Two, though native soldiers
combined with foreign force multipliers may provide the top
cover desired by humanitarians, the space they create is not
"consensual" as they are guided by sovereign
political mandates fighting to win rather than to act
impartially. For instance, while international peacekeepers
usually attempt to persuade combatants that they are an
independent force with third party status, EO, in light of
its sovereignty orientation, specifically referred to its
peacekeeping potential on its Internet site as
"persuasion" services.(22)
The point is to recognize that reliance on private
contractors combined with national militaries has unique
effects on securing the humanitarian space. Access is limited
because humanitarian operations can only continue effectively
in areas under government control. Also, reliance on or
association with these firms could potentially hamper the
humanitarians' relationship with opposing groups. This
impact with respect to partiality, real or perceived, is
further complicated by the fact that many firms or family of
firms provide both the ability to take and hold ground and
provide guarding expertise. As noted by the ICRC, regardless
of the service actually provided by a firm, the image of the
humanitarian actor and its activities remains key, and as
such "it might be delicate to have a contractual
relation with a company which is actively engaged on the side
of a party to a conflict".(23) Note, for instance, Lifeguard,
which provided the less controversial product of guarding for
mines and humanitarian organizations, was an offshoot of
Sandline International. It shared with Sandline International
connections not only at the managerial level but also in
terms of personnel, many of whom actually participated in
earlier fighting. With Boutros Boutros-Ghali, amongst others,
arguing how difficult it is to employ force and still
maintain or revert to a consensual environment, it is unclear
if the corporate equivalent will fare better.(24)
Certainly, humanitarian actors have not been unappreciative
of the relative stability these firms have provided when no
one else would.(25) Moreover,
for Michael Grunberg of Sandline International:
"Sandline has found that NGO personnel on the ground are
very supportive of closer relationships (because it provides
them with access to protection when needed and information at
other times)."(26) Yet
despite the practicality of this stability and growing
relationship, PSCs that offer these services remain
sovereignty bound in the weak state environment where
conflict is ongoing and governance is questioned. Thus,
pragmatism comes at the cost of, or at least a shift in, the
humanitarian ethic that works to sustain neutrality,
impartiality, and humanity.
Legitimacy
Likewise, the current issue of contested legitimacy
complicates constructive relations between private security
and humanitarians. While states have varying degrees of
regulation governing the use of private security on their own
territory or on its export abroad, there is no relevant
international regulation related to private security. In
fact, the terms and definitions pertaining to the non-state
use of force applied in such recent endeavours as the 1989
International Convention against the Recruitment, Use,
Financing and Training of Mercenaries and activities of the
United Nations Rapporteur on Mercenarism are focused squarely
in the context of 1960s/1970s' concerns regarding
self-determination and decolonization. In other words, the
language and subsequent prohibitions are a response to the
earlier blatantly destructive activities of vagabond
mercenaries in places like Congo, Biafra, and Rhodesia. Even
Yves Sandoz, the ICRC Director of International Law and
Communication, indicates the inappropriateness of this
stance: "...I have the impression that the basic
approach is not relevant today and that the problem of
private security should not be essentially based on the
mercenary issue as it was dealt with in the
seventies".(27)
Nevertheless, many humanitarians find it difficult to black
out the prevailing fact that for at least 150 years
nation-states have owned and controlled armed force and
military expertise. Similarly difficult to ignore are the not
so distant memories of destabilizing activities by
mercenaries.
The symbolic connection between the state and the use of
force and the effect of legal norms designed for a particular
type of activity have heightened the fears of many
humanitarians, fears already triggered by the challenges of
securing the humanitarian space in the post-Cold War weak
state environment. Sandline International reports of a
dichotomy in NGO operations where those on the ground are
supportive of closer relations while the leadership of NGOs
at the executive level remains hesitant and sceptical.(28) As well, Africa
Confidential in 1996 noted that EO provided security and
information to a major international aid agency that has
since kept quiet to avoid the wrath of its donors.(29) Similarly, despite the need and
advice from many UN personnel to take the private route, Kofi
Annan and other Security Council members eventually balked at
the idea of employing DSL to separate fighters from refugees
in the Rwandan refugee camps in Goma. For Annan, "...the
world may not be ready to privatize peace".(30)
This is not to say that PSCs do not strive to attain this
legitimacy. Some companies have put forth their own proposals
for regulation.(31) Also,
DSL, which does not provide top cover, but does train
militaries in the midst of conflicts and guard humanitarian
compounds and convoys, states that it adheres to Red
Cross/NGO Codes of Conduct.(32) As well, many of the firms even
provide training in international humanitarian law. As for
conduct on the ground, officials such as the head of Sandline
International, Timothy Spicer, go to great length to explain
that their companies follow human rights and humanitarian law
religiously for the sake of reputation and repeat clients,
let alone for enhanced legitimacy: "We like to conduct
professional service in line with the Geneva Convention,
international law and behavioural standards one would expect
from a disciplined, organised and properly constituted
military force".(33) In
support of this stance, the ICRC believes that there is no
reason to assume that the behaviour of private security would
be worse than that of other actors.(34) To further this end, PSCs such
as Sandline International and EO have acted outside
their contractual obligations to client states to perform
"humanitarian" activities. This has included such
diverse activities as the repatriation of child soldiers,
escorting humanitarian convoys, ferrying Sierra Leone's
football team to the African All Nations Cup, and providing
logistics, intelligence, and aerial evacuations for NGO
personnel.(35) As a sign of
progress in regards to legitimacy for PSCs that provide top
cover and perhaps even for the service itself, if not an
indication of operational schizophrenia within the United
Nations system, PSCs such as Sandline International are now
listed on the United Nations Supply Database for United
Nations and United Nations related organizations.
However in the final analysis, humanitarians cannot rely on
private security to provide top cover and other related
spinoff benefits. On one level, for analysts of
privatization, simple economic logic dictates that a
profit-seeker cannot be expected "to attend at any
significant cost to dimensions of value other than those
specified in the contract".(36) In other words, while PSCs that
provide top cover can act, for lack of a better term, as good
corporate citizens with respect to interacting with
humanitarians (convoy protection, information, rescue, etc.)
for the sake of reputation, there is no contractual
relationship demanding or even governing this interaction.
Similarly, accountability rests in the relationship between
the state client and the security provider, not the
humanitarian organization. There can be no line of redress.
In sum, as noted by one EO official "We are a commercial
venture. We are not an aid agency".(37)
On another level, political pressure placed on contracting
governments also limits humanitarians' reliance. The
United Nations, for instance, did not engage EO in dialogue,
despite the stability it brought to Angola and Sierra Leone,
for fear of the label of collusion.(38) To sustain the pressure on
contracting governments, the respective rebel movements,
União Nacional para a Independência Total de
Angola (UNITA) and Revolutionary United Front (RUF), both
demanded that the contracts cease as part of any peace
agreement. In the end for both cases, EO was forced to leave,
peace broke down, the United Nations was unable to stabilize
the situation, and fighting resumed. As for humanitarian
operations, the renewed fighting forced a severe restriction
of activities, compelling humanitarians to limit their work
largely in the Luanda and Freetown areas due to theft and
banditry. Therefore, PSCs that can provide stability for
humanitarian operations cannot, under current conditions, be
expected to follow humanitarian wishes or humanitarian
timetables.
Long Term Implications for Future
Research
There are three general areas where growing interaction
between humanitarians and private security providers may have
implications for humanitarianism worthy of future study.
First, despite the inability or unwillingness of states to
provide troops for humanitarian operations except for areas
of national interest, a shifted reliance on private firms to
provide top cover may be similarly limiting. While beyond the
scope of this paper to delve into the triangular relationship
between private security firms, mining operations, and
governments, it is obviously clear that PSCs will only work
for clients able to pay, usually the few states with access
to lucrative and stable proceeds from gem and precious metal
mining. Similar to those rulers in the 14th-16th Centuries
who, wishing to hire Swiss mercenaries but possessing only
limited means, were met with the response "kein
Geld, kein Schweizer", leaders in the developing
world in need of private expertise face the harsh realities
of the business environment. Also, in their drive to achieve
legitimacy, not only will PSCs providing top cover accept
only state clients, they also will not accept clients who are
either pariah states or on unfriendly terms with other state
clients. In 1997, this is seen doubly in the former Zaire
where EO declined working with the Mobutu government due to
the infamy of the regime and its long time support for
UNITA.(39)
The potential effect on humanitarianism in need of monitoring
would be that in growing reliant on PSCs to provide top
cover, the provision of humanitarian assistance would be
based on business calculations rather than on the basis of
need. While at the micro level humanitarians would continue
to strive to maintain the humanitarian ethic on the ground,
at the macro level humanitarian activities might be limited
to those states lucky enough to have been blessed with rich
ore deposits or a favourable political climate and
reputation. One could argue that this problem might be
handled by the United Nations actually hiring PSCs to provide
top cover, thus overcoming issues related to the desired
universality of humanitarianism. But this seems unlikely, not
only due to the points above, but also given the long list of
contentious issues related to the ongoing debate over the
development of a stand-alone UN force (points of cost,
appropriate capabilities, or control), which would also fall
on the private option debate.
Second, once dependent on PSCs for services for which they
must pay, humanitarians, especially cash-strapped NGOs, might
face a financial crunch necessitating a reduction in
activity. Referring again to the Renaissance example, the
Swiss cantons knew that there was a substantial market for
their citizens' highly valued services and prices were
inflated accordingly.(40) In
comparison, the current state of the private security
industry may be susceptible to providers taking substantial
economic rents. While the private security business is
booming worldwide, the marketplace, as noted in The Wall
Street Transcript, is incredibly fragmented.(41) As such, the distribution of
competition, both service-wise and geographically, may permit
this excessive rent seeking behaviour. It is certainly the
case that not all PSCs provide services applicable to the
needs of humanitarians. Consider also the current trend
towards amalgamation of PSCs, creating less choice for the
security consumer. In 1996, DSL, for example, joined
ArmorGroup which itself is a division of ArmorHoldings. In
light of this other similar acquisitions, ArmorHoldings has
been labelled a growth through acquisition oriented company
in a marketplace that is currently undervalued and thus
presents no barriers to further acquisitions.(42) In fact, ArmorHoldings was
included in Fortune magazine's 1999 list of
"America's 100 Fastest Growing Companies". In a
corresponding way, PSCs based in the state of operations,
while offering greater levels of expertise and
professionalization than other options, may capitalize on
this advantage and the desperation of a humanitarian
organization in an unsaturated marketplace.(43) Obviously, humanitarians will
continue to require security obtained through various means,
but the commodification of security may pose a financial
challenge for humanitarians lacking competitive choice or
access to redress via national or international anti-trust
regulations.
Finally, placing humanitarianism entirely in the hands of
private actors entailed in a NGO-private security
relationship might remove any outside diplomatic pressure
directed at solving the problems that led to the humanitarian
crisis in the first place. Management and eventual resolution
might be overtaken by simple containment. As outlined by Mark
Duffield, the internationalization of public welfare is due
to the collapse of effective governance.(44) This internationalization,
however, comes via the sub-contracting to NGOs, a reflection
of the change in governance in aid providing states. But one
can argue that this devolution might not be a tactical form
of privatization, meaning done for the sake of cost and
efficiency, but rather as a strategic privatization where the
developed world is slowly disengaging itself from not just
the realm of assistance, but also of resolution.
Humanitarianism itself would be a "humanitarian
alibi", activity performed that avoids essential
political measures made by states.(45)
The provision of outside military force is usually seen as a
sign of political commitment towards resolving conflicts. As
shown above, the intrusion of politics is a difficult issue
for humanitarians. Nonetheless, it is also clear for conflict
resolution to occur in the current humanitarian context, one
cannot employ the Cold War mindset where humanitarianism and
political activity were isolated from each other. For Thomas
G. Weiss, " ...there is no longer any need to ask
whether politics and humanitarian action intersect. The real
question is how this intersection can be managed to ensure
more humanized politics and more effective humanitarian
action".(46) But turning
to the private sector for security in the face of the retreat
of the "public sector" does not bring any
improvement in the management of Weiss' intersection
because political commitment has been removed entirely.
Reinforcing the security of humanitarians via private means
will certainly protect humanitarians and facilitate
operations, but at the cost of minimal applied diplomatic
pressure. The United Nations Special Rapporteur on
Mercenarism, Enrqiue Ballesteros, complains that the actions
of PSCs such as EO leave the deep-lying problems untouched in
the client states.(47) Yet,
while their activities certainly have political implications,
PSCs themselves indicate that they steer clear of client
state politics. It is similarly difficult to contemplate NGOs
attempting to resolve conflicts due to either a desire to
maintain the humanitarian ethic, or failing that, possessing
the requisite political authority to offer carrots or use
sticks when needed. In short, placing humanitarianism
increasingly in the hands of private actors and outside any
larger diplomatic framework may reinforce the trend of
treating humanitarian activity as a sign of commitment and a
cure-all, thus preventing many conflicts from reaching the
frontpage and receiving much needed international attention.
Conclusion
It is clear that for humanitarians to embrace the private
option as Mean Times suggests, there would be
effects on both the humanitarian ethic and correspondingly on
the dynamics of securing the humanitarian space. While
appealing in light of the retraction of the public sector in
providing security, interaction between PSCs and
humanitarians cannot be understood as a value-free economic
relationship subject to the forces of supply and demand. As
one moves along the spectrum of security services from
passive to active, the interaction becomes complicated by the
issues of consent, legitimacy, and longer term factors
relating to the universality of humanitarianism, cost, and
conflict resolution. Simply put, the concept of a free and
competitive marketplace where humanitarians can chose from
and contractually control a variety of providers offering an
array of services does not exist. Furthermore, it may not be
altogether wise if political endeavours are needed to solve
the problems that led to the humanitarian problems in the
first place. Assuming an expansion of the already existing
relationship between humanitarians and private security
providers, the nature of the industry as currently structured
and regulated would, depending on the service, change in
varying degrees how humanitarian activities are perceived,
delivered, and make an impact.
This should not be an excuse, however, to attempt to limit
this relationship or dismiss it out of hand for fear of
jeopardizing humanitarianism. Danger still confronts
humanitarians in their daily operations. Calls such as the
recent demand made by Canadian Foreign Minister Lloyd
Axworthy for a humanitarian intervention force operating
outside the confines of the United Nations Security Council
reinforce the need for something to be done to resolve
conflicts and protect humanitarians and those they serve.(48) While security was not a
worry for humanitarians during Cold War times, current
conditions demand that it no longer be neglected. Indeed,
increased interaction between humanitarians and international
forces earlier in the last decade revealed that many, while
holding some reservations, are willing to deliver
humanitarian assistance in a more pragmatic manner where
flexibility is stressed over holding the humanitarian ethic
as a moral absolute. While the private security industry, due
to its business orientation and own limitations, is not a
panacea allowing for humanitarians to return to the moral
absolutes, it does serve as an option, and in fact is the
only option other than humanitarians scaling down or pulling
out, if public providers do not step forward. Whether it
becomes the sole option or efforts are made to mitigate its
more controversial immediate and long term effects are
matters for future needed discussion.
Footnotes
1. Boutros Boutros-Ghali, Confronting New
Challenges: Annual Report on the Work of the Organization
(New York: United Nations, 1995), p. 172.
2. Sean Greenaway and Andrew J. Harris,
"Humanitarian Security: Challenges and Responses,"
paper presented at the Forging Peace Conference, 13-15 March
1998, Harvard University, p. 34, note 45.
3. Larry Minear and Thomas G. Weiss, Mercy
Under Fire: War and the Global Humanitarian Community
(Boulder: Westview Press, 1995), pp. 38-45.
4. Cedric Thornberry, "Peacekeepers,
Humanitarian Aid, and Civil Conflicts," Journal of
Humanitarian Assistance. http://www-jha.sps.cam.ac.uk/a/a017.htm,
posted on 15 September 1995.
5. Greenaway and Harris, "Humanitarian
Security," p. 5.
6. Jan Eliasson, "Humanitarian Action and
Peacekeeping," in Olara A. Otunnu and Michael W. Doyle,
eds., Peacemaking and Peacekeeping for the New Century
(Lanham: Rowman & Littlefield Publishers, Inc,. 1998), p.
209, p. 211.
7. See Richard Falk, "Human Rights,
Humanitarian Assistance, and the Sovereignty of States,"
in Kevin M. Cahill, ed., A Framework For Survival: Health,
Human Rights, and Humanitarian Assistance in Conflicts and
Disasters (New York: Routledge, 1999), pp. 122-136;
Richard C. Longsworth, "Phantom Forces, Diminished
Dreams," The Bulletin of the Atomic Scientists
(March/April 1995), pp. 24-28. Some examples of trying to
improve the relationship between international forces and
humanitarians are the UNHCR's handbooks Working with
the Military and Handbook for the Military.
Similarly, the latest British Army Field Manual stresses the
dynamic and challenging nature of humanitarian operations and
the need to maintain consent throughout.
8. Stephen P. Kinloch, "Utopian or
Pragmatic? A UN Permanent Volunteer Force,"
International Peacekeeping 3 (Winter 1996), p.
171.
9. Mark Duffield, "Famine, Conflict and
the Internationalization of Public Welfare," in Martin
Doornbos, Lionel Cliffe, Abdel Ghaffar M. Ahmed, and John
Marakis, eds. Beyond Conflict in the Horn: Prospects for
Peace, Recovery and Development in Ethiopia, Somalia and the
Sudan (London: James Currey Ltd., 1992), p. 58.
10. James Fennell, "Private Security
Companies: the New Humanitarian Agent," presentation to
the Conference on Interagency Co-ordination in Complex
Humanitarian Emergencies, 19 October 1999, Cranfield
University/Royal Military College of Science Shrivenham, p.
5.
11. Mark Duffield, "NGO relief in war
zones: Towards an analysis of the new aid paradigm,"
Third World Quarterly 18 (No. 3, 1997).
12. Greenaway and Harris, "Humanitarian
Security," p. 11.
13. Ibid., p. 2, p. 11.
14. Yves Sandoz, "Private Security and
International Law," in Jakkie Cilliers and Peggy Mason,
eds.
15. Interview, Bernie McCabe, Director,
Lifeguard, 10 April 2000.
16. Cited in Herbert M. Howe, "Private
security forces and African stability: the case of
Executive
17. Donald C. F. Daniel and Brad C. Hayes,
"Securing Observance of UN Mandates Through the
Employment of Military Force," International
Peacekeeping 3 (Winter 1996), p. 123 note 19.
18. See Kevin O'Brien, "PMCs, Myths,
and Mercenaries: the debate on private military
companies," Royal United Service Institute
Journal (February 2000), accessed at http://www.icsa.ac.uk/pmcs-nf.html
on 18 February 2000; Correspondence, Ed Soyster, Vice
President, Military Professional Resources Incorporated, 23
March 2000. James Fennell of Defense Systems Limited suggests
that private firms could take part in a train and equip
programme for peacekeeping operations or could provide
logistics and management expertise. As for more active
participation, this too could be possible, but only as part
of a larger multinational operation. Correspondence, 7 April
2000.
19. United States, U.S. House of
Representatives, Committee on International Relations,
Subcommittee on Africa, Statement for the Record made by
Richard C. Holbrooke, United States Ambassador to the United
Nations, (Washington 15 February 2000). It is interesting to
note that DSL is currently providing the local security for
MONUC operations in Kinshasa.
20. The term "top cover" can be
attributed to Michael Grunberg. Correspondence, Financial
Advisor,
21. Juan Carlos Zarate, "The Emergence
of a New Dog of War: Private International Security
Companies"
22. This information was taken from the
Executive Outcomes webpage (http://www.eo.com) before the
company shut down operations on 1 January 1999.
23. Yves Sandoz, "The Privatisation of
Security: Framing A Conflict Prevention and Peacebuilding
Agenda," paper presented at Wilton Park Conference,
19-21 November 1999.
24. Point by Boutros Boutros-Ghali found in
Adam Roberts, "Humanitarian Action in War: Aid,
protection."
25. Interview, Brigadier-General Ian Douglas
(retired), Canadian Armed Forces, 6 April 2000.
26. Correspondence, Michael Grunberg,
Financial Advisor, Sandline International, 23 March 2000.
27. Sandoz, "Privatisation of
Security".
28. Correspondence, Michael Grunberg,
Financial Advisor, Sandline International, 23 March 2000.
29. Cited in Kirsten Sellars, "Old dogs
of war learn new tricks," New Statesman (25 April
1997), p. 24.
30. Cited in Michele Griffin, "Blue
Helmet Blues: Assessing the Trend Towards
'Subcontracting' UN Peace Operations,"
Security Dialogue 30 (Number 1), p. 47.
31. See http://www.sandline.com.
32. Correspondence, James Fennell, Defense
Systems Limited, 7 April 2000.
33. Cited in Sellars, "Old dogs of war
learn new tricks,", p. 24.
34. Sandoz, "Privatisation of
Security".
35. Good corporate citizenship was also
reportedly done by Lifeguard. Bernie McCabe indicates that
Lifeguard promoted "collateral benefit" which had
both passive and active components. On the passive side, the
mere presence of the firm provided a degree of stability for
the local populace. On the active side, Lifeguard provided,
free of charge, such services as food, medicine, and water
distribution. Interview, 10 April 2000.
36. John D. Donahue, The Privatization
Decision: Public Ends, Private Means (New York: Basic
Books, Inc., Publishers, 1989), p. 80.
37. Cited in Kevin Whitelaw, "Have Gun,
Will Prop Up Regime," US News & World Report
(20 January 1997), pp. 46-48.
38. David Shearer, "Outsourcing
War," Foreign Policy (Number 112, Fall 1998), p.
76.
39. Zarate, "The Emergence of a New Dog
of War," p. 149.
40. James Larry Taulbee, "Reflections on
the Mercenary Option," Small Wars and
Insurgencies9 (Autumn 1998), p. 155.
41. The Wall Street Transcript (17
April 2000).
42. Ibid.
43. For instance, before the arrival of UNTAF
in Somalia, many humanitarian organizations were forced to
rely on local "technicals" from warring clans. This
situation was in fact a protection racket where NGOs paid the
technicals, usually young men in machine gun laden pick-ups,
not to steal relief food and medicine.
Moreover, because the pay was high, the number of technicals
quickly multiplied. Correspondence, Lansana Gberie,
Researcher, Partnership Africa Canada, 28 March 2000.
44. Mark Duffield, "The Political
Economy of Internal War: Asset Transfer, Complex Emergencies
and International Aid," in Joanna Macrae and Anthony
Zwi, eds., War & Hunger: Rethinking International
Responses to Complex Emergencies (London: Zed Books,
1994), pp. 64-65.
45. Larry Minear, "Humanitarian Action
and Peacekeeping Operations," background paper for the
UNITAR/IPS/NIRA Singapore Conference, 24-26 February 1997.
See also Cornelio Sommaruga, "Humanitarian action and
peace-keeping operations," International Review of
the Red Cross (No. 317, March 1997), pp. 178-186.
46. Thomas G. Weiss, "Principles,
Politics, and Humanitarian Action," Ethics and
International Affairs 13 (1999), p.22.
47. See David J. Francis, "Mercenary
intervention in Sierra Leone: Providing national security or
international exploitation?" Third World
Quarterly 20 (April 1999), pp. 319-338.
48. Mike Trickey, "Canadian Axworthy
urges humanitarian force outside UN," Montreal
Gazette, 11 February 2000.
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