Well, I have been doing a bit of research and found some information about dealing with companies that have mistreated you. I actually called the Department of Labor here in the US, and asked for suggestions on how employees and contractors can protect themselves or deal with wrongdoings. The DOL cannot protect you overseas. They can protect you here in the states, and the Fair Labor Standards Act applies.
For overseas, the companies that hire US citizens and Non-US citizens for work in Iraq and elsewhere need to contact the Department of State or US Embassies in that country your working in, if you have problems with your company. But I really do not have any faith in that process, because there are no laws that can protect you. But you can still file complaints and bring this stuff to the attention of those who should hear it.
The big one for me, is to exhaust all methods and use the shotgun technique with the idea that at least one of the methods will work.
And then there is always hiring a lawyer. But I tell you what, you go down that path, you have to have some serious coin and make sure your case is solid. The rule of thumb for legal stuff is findings of fact, and conclusions of law. Your damages must be absolutely solid, so read your contract thoroughly to see if in fact you were mistreated.
The other problem is conclusions of law. There are very little protections out there to fall back on. In the US, you have a better shot in a case, but once you go overseas, then you don’t have much to work with. I could be wrong, but you have to remember that these companies come packing with the best lawyers in the business, and small grievances and legal issues are very easy for them to sink.
So that takes us back to other means. The media is an idea, but that can be a double edged sword. I would only suggest the media, if all other means fail to produce results and you have decided to not work in the industry again. And check your contracts too, because most have non-disclosure agreements that would halt your ability to say anything. So watch yourself if you go down that path. On the plus side, the media can give your case traction. Please note Blackwater’s current treatment by the media and how that has impacted litigation.
Also, if you want to know what lawyers to use and how cases go, do your homework. There are numerous cases out there between contractors and their companies, and you can get a feel on how they go. It would be wise to find the successful cases, and if you can afford them, use that law firm responsible. But I tell ya, legal action can be extremely expensive and drawn out, and these companies have some of the best lawyers out there.
Writing the office of the various politicians out there that might have an interest in your case politically is an interesting idea as well. But it better be juicy enough for them to deal with, or they are just going to deal with it like the thousands of other letters they receive. If you do write them, send it through Certified Mail so they have to sign for it. It is also helpful to mention in the letter that you have sent a copy of this letter to several media agencies, just so that politician knows that their actions on the matter is public record. But yet again, I go back to the non-disclosure agreements and make sure you have solid enough evidence and reason to contact a politician.
There are lots of options, but few with any teeth. And none of these options work very fast (that is the government for you). As for the association out there, like ASIS or IPOA, I don’t know. They might move a little faster, but their impact is questionable. And the media/letter writing campaign might work, if it is juicy enough for them. For the little stuff though, they could care less. Keep trying though because persistence is power, and I say keep plugging away to make that wrong into a right.
All of these companies that hire you as the independent contractor or employee in these war zone jobs, know that you really don’t have any laws or agencies or groups that are able to protect you. In fact, we as contractors are depending on these companies to police themselves and treat their people with some dignity and respect. But some just don’t see it that way, and often times its money that dictates their actions.
I recommend to anyone that has been mistreated by a company, to still try these methods, if the company is refusing to work with you. Good luck out there and make sure you read those contracts thoroughly before you sign. –Head Jundi
——————————————————————-
Hotline for Department of Defense
Anyone, whether a service member, civilian employee, defense contractor, or private citizen, who witnesses what he or she believes to be a violation of ethical standards and/or the law, including but not limited to fraud, waste, or abuse of authority, potential leaks of classified information, or potential acts of terrorism, should report such conduct through his or her chain of command, respective service Inspector General, or directly to his or her respective service Inspector General or directly to the Inspector General of the Department of Defense Hotline at 800-424-9098 (e-mail: hotline@dodig.mil)
——————————————————————
Department of Labor Wage and Hour Division(for US only contracts)
Phone : 1 866 487 9243
——————————————————————-
——————————————————————-
Hotline from the Department of State
The Office of Inspector General Hotline is a clearinghouse for receiving and handling allegations regarding fraud, waste, abuse, mismanagement or misconduct affecting Department of State programs and operations. Examples of allegations that should be reported to the OIG Hotline include:
Guidelines for Reporting Fraud
We would like you to think carefully about the allegation and the information you have available that can help us determin whether mismanagement or criminal conduct has been committed. To process your allegations, we will need you to provide as much information as possible regarding the suspect and victim. Your information should include:
* Who committed the wrongdoing (person, company or organization)?
* What exactly did the individual or entity do?
* Where did the activity take place?
* When did it happen?
* How was the activity committed?
* Do you know why the person committed the wrongdoing?
* Who else has knowledge of the potential wrongdoing?
Without sufficient information we may be unable to act on your allegation. The more information you can provide, the better chance we have of determining whether any wrongdoing has been committed. We are very interested in the information you have to provide regarding waste, fraud, abuse, mismanagement or misconduct in DOS programs.
Submit Your Complaint to the OIG Hotline:
Email: oighotline@state.gov
Mail:
Office of Inspector General
HOTLINE
P.O. Box 9778
Arlington, Virginia 22219
Phone:
(Washington D.C., Metropolitan Area) (202)-647-3320
(Elsewhere, Toll Free) 1-800-409-9926
——————————————————————-
Iraq US Embassy
WHERE IS THE CONSULAR SECTION LOCATED?
We are located in the International Zone, at the New Embassy Compound on Al Kindi Street, (across from FOB Union III.) If you do not have access to the International Zone (No military, DOD or IZ Badge), you’ll need to contact the National Iraqi Assistance Center first. They can be reached at MCI 914-360-9241, 914 822 1124 IRAQNA +964 (0)790-424-0234, and DSN
318-239-0936 and via email at director@niac-baghdad.org. It maintains an Arabic and English website at
HOW CAN I CONTACT THE CONSULAR SECTION?
We can be reached during regular business hours (0800 – 1200 and 1300 – 1700, Sunday through Thursday):
• Email: usconsulbaghdad@state.gov
• Telephone: 1-240-553-0581 x2413 (This is a U.S. number that rings in Baghdad) or from Iraqna, AsiaCell, or Atheer mobile phones: +964 (0) 0790 /135-7487/429-6564/165-5333
• For the after-hours emergency American Citizen Services Consular Duty Officer, please call Iraqi mobile number +964 (0) 7901-732-134 or US mobile number 1-914-822-5493
For the full FAQ, email usconsulbaghdad@state.gov
——————————————————————-
Iraq:
Special Inspector General for Iraq Reconstruction – Hotline (703)
602-4063 or toll-free at 1-866-301-2003 or
www.sigir.mil/submit_fraud.html.
——————————————————————-
Army:
1. Army Criminal Investigation Command via the local Army CID office or at
the following website: www.cid.army.mil/.
2. Army Procurement Fraud Branch directly by calling (703)696-1550 or
by sending an e-mail to apfb@hqda.army.mil
——————————————————————
NCIS Middle East Field Office
Manama, Bahrain
PSC 451 Box 32
FPO AE 09834-2800
973-1785-4271
DSN 318-439-4271
NCIS Website
——————————————————————
Standards Committee
International Peace Operations Association
Code of Conduct
Version 11
Preamble: Purpose
This Code of Conduct seeks to ensure the ethical standards of International Peace Operations Association member companies operating in conflict and post-conflict environments so that they may contribute their valuable services for the benefit of international peace and human security.
Additionally, Signatories are encouraged to follow all rules of international humanitarian law and human rights law that are applicable as well as all relevant international protocols and conventions, including but not limited to:
* Universal Declaration of Human Rights (1948)
* Geneva Conventions (1949)
* Convention Against Torture (1975)
* Protocols Additional to the Geneva Conventions (1977)
* Chemical Weapons Convention (1993)
* Voluntary Principles on Security and Human Rights (2000)
Members of IPOA are pledged to the following principles in all their operations:
1. Human Rights
1.1. In all their operations, Signatories will respect the dignity of all human beings and strictly adhere to all relevant international laws and protocols on human rights.
1.2. In all their operations, Signatories will take every practicable measure to minimize loss of life and destruction of property.
2. Transparency
2.1. Signatories will operate with integrity, honesty and fairness.
2.2. Signatories engaged in peace or stability operations pledge, to the extent possible and subject to contractual and legal limitations, to be open and forthcoming with the International Committee of the Red Cross and other relevant authorities on the nature of their operations and any conflicts of interest that might in any way be perceived as influencing their current or potential ventures.
3. Accountability
3.1. Signatories understand the unique nature of the conflict/post-conflict environment in which many of their operations take place, and they fully recognize the importance of clear and operative lines of accountability to ensuring effective peace operations and to the long-term viability of the industry.
3.2. Signatories support effective legal accountability to relevant authorities for their actions and the actions of company employees. While minor infractions should be proactively addressed by companies themselves, Signatories pledge, to the extent possible and subject to contractual and legal limitations, to fully cooperate with official investigations into allegations of contractual violations and violations of international humanitarian law and human rights law.
3.3. Signatories further pledge that they will take firm and definitive action if employees of their organization engage in unlawful activities.
4. Clients
4.1. Signatories pledge to work only for legitimate, recognized governments, international organizations, non-governmental organizations and lawful private companies.
4.2. Signatories refuse to engage any unlawful clients or clients who are actively thwarting international efforts towards peace.
4.3. Signatories pledge to maintain the confidentiality of information obtained through services provided, except when doing so would jeopardize the principles contained herein.
5. Safety
5.1. Recognizing the often high levels of risk inherent to business operations in conflict/post-conflict environments, Signatories will always strive to operate in a safe, responsible, conscientious and prudent manner and will make their best efforts to ensure that all company personnel adhere to these principles
6. Employees
6.1. Signatories ensure that all their employees are fully informed regarding the level of risk associated with their employment, as well as the terms, conditions, and significance of their contracts.
6.2. Signatories pledge to ensure their employees are medically fit, and that all their employees are appropriately screened for the physical and mental requirements for their applicable duties according to the terms of their contract.
6.3. Signatories pledge to utilize adequately trained and prepared personnel in all their operations in accordance with clearly defined company standards.
6.4. Signatories pledge that all personnel will be vetted, properly trained and supervised and provided with additional instruction about the applicable legal framework and regional sensitivities of the area of operation.
6.5. Signatories pledge that all their employees are in good legal standing in their respective countries of citizenship as well as at the international level.
6.6. Signatories agree to act responsibly and ethically toward all their employees, including ensuring employees are treated with respect and dignity and responding appropriately if allegations of employee misconduct arise.
6.7. Where appropriate, signatories should seek employees that are broadly representative of the local population.
6.8. Payment of different wages to different nationalities must be based on merit and national economic differential, and cannot be based on racial, gender or ethnic grounds.
6.9. In the hiring of employees engaged in continuous formal employment, signatories agree to respect the age-minimum standard of 15 years of age as defined by the International Labor Organization Minimum Age Convention (1973).
6.10. No employee will be denied the right to terminate their employment. Futhermore, no signatory may retain the personal travel documents of its employees against their will.
6.11. Signatories agree to provide all employees with the appropriate training, equipment, and materials necessary to perform their duties, and to render medical assistance when needed and practical.
6.12. Employees will be expected to conduct themselves humanely with honesty, integrity, objectivity, and diligence.
7. Insurance
7.1. Foreign and local employees will be provided with health and life insurance policies appropriate to their wage structure and the level of risk of their service as required by law.
8. Control
8.1. Signatories strongly endorse the use of detailed contracts specifying the mandate, restrictions, goals, benchmarks, criteria for withdrawal and accountability for the operation.
8.2. Contracts shall not be predicated on an offensive mission unless mandated by a legitimate authority in accordance with international law.
8.3. In all cases-and allowing for safe extraction of personnel and others under the Signatories’ protection-Signatories pledge to speedily and professionally comply with lawful requests from the client, including the withdrawal from an operation if so requested by the client or appropriate governing authorities.
9. Ethics
9.1. Signatories pledge to go beyond the minimum legal requirements, and support additional ethical imperatives that are essential for effective security and peace related operations:
9.2. Rules of Engagement
9.2.1. Signatories that could potentially become involved in armed hostilities will have appropriate “Rules of Engagement” established with their clients before deployment, and will work with their client to make any necessary modifications should threat levels or the political situation substantially change.
9.2.2. All Rules of Engagement should be in compliance with international humanitarian law and human rights law and emphasize appropriate restraint and caution to minimize casualties and damage, while preserving a person’s inherent right of self-defense. Signatories pledge, when necessary, to use force that is proportional to the threat.
9.3. Support of International Organizations and NGOs/Civil Society and Reconstruction
9.3.1. Signatories recognize that the services relief organizations provide are necessary for ending conflicts and alleviation of associated human suffering.
9.3.2. To the extent possible and subject to contractual and legal limitations, Signatories pledge to support the efforts of international organizations, humanitarian and non-governmental organizations and other entities working to minimize human suffering and support reconstructive and reconciliatory goals of peace operations.
9.4. Arms Control
9.4.1. Signatories using weapons pledge to put the highest emphasis on accounting for and controlling all weapons and ammunition utilized during an operation and for ensuring their legal and proper accounting and disposal at the end of a contract.
9.4.2. Signatories refuse to utilize illegal weapons, toxic chemicals or weapons that could create long-term health problems or complicate post-conflict cleanup and will limit themselves to appropriate weapons common to military, security, or law enforcement operations.
10. Partner Companies and Subcontractors
10.1. Due to the complex nature of the conflict/post-conflict environments, companies often employ the services of partner companies and subcontractors to fulfill the duties of their contract.
10.2. Signatories agree that they select partner companies and subcontractors with the utmost care and due diligence to ensure that they comply with all appropriate ethical standards, such as this Code of Conduct.
10.3. The future of the peace operations industry depends on both technical and ethical excellence. Not only is it important for IPOA member companies to adhere to the principles expressed in this Code, each member should encourage and support compliance and recognition of the Code across the industry.
11. Application
11.1. This Code of Conduct is the official code of IPOA and its member organizations. Signatories pledge to maintain the standards laid down in this Code.
11.2. Signatories who fail to uphold any provision contained in this Code may be subject to dismissal from IPOA at the discretion of the IPOA Board of Directors.
11.3. Member companies will endeavor to impart the basic principles of the IPOA Code of Conduct to their employees.
———————————–
Current IPOA Corporate Membership List
All of these companies have received the IPOA Seal of Approval.
Every signatory to the IPOA Code of Conduct pledges to abide by the high ethical standards established therein.
Full Members
AECOM
Agility
AMECO
American Glass Products
Arkel International
ArmorGroup
Creative Associates International, Inc.
Crowell & Moring LLP
CTG Global
Cyrus Strategies LLP
DynCorp International
DynSec Group AB
Ecolog International
EOD Technology, Inc.
Erinys
Evergreen International Airlines
Exploration Logistics Group
FSI Worldwide
GardaWorld
Ge2b Seguridad Internacional
Global Operations Resources Group, Inc.
GlobeComm Systems, Inc.
Gold Coast Helicopters
HART
Insitu, Inc.
International Armored Group
Mission Essential Personnel
MPRI
Medical Support Solutions
New Century
Olive Group
OSSI-Safenet
Overseas Lease Group
Patriot K-9 Services
Paxton International
Pride Security Services
RA International
Reed, Inc.
Regis Trading International – Seraph Risk
Rutherfoord
Security Support Solutions (3S)
Scott Insurance
Securiguard, Inc.
SkyLink USA
SOS International, Inc.
Swift Global Logistics
Tangiers International
The Development Initiative
Threat Management Group
TOIFOR GmbH
Total Intelligence Solutions
Track24
Triple Canopy
Tundra Strategic Security Solutions
Unity Resources Group
Whitney, Bradley & Brown, Inc.
Associate Members
MineWolf Systems Special Solutions