Feral Jundi

Tuesday, August 4, 2009

Industry Talk: And the UN Working Group Speaks

Filed under: Industry Talk — Tags: , , , — Matt @ 12:38 AM

   First, I am glad they had a good time.  Word has it, they met up at Hooters after the press conference for hotwings and beers, and then they threw a party at the hotel. lol

   But seriously, it seems the typical mumbo jumbo was discussed, and nothing to radically new.  The one comment that kind of got me was the idea that there ‘was very little information accessible to the public on the scope and type of contracts’.  Oh really?  Obviously the UNWG doesn’t read Feral Jundi or Combat Operator or Eeben’s blog or Tim’s blog, because if they did, they would know that there is plenty of information available.  Or what about all the stories over the years that David Isenberg has written, or the numerous books written about the subject, or the countless forums that discuss the day to day activities of the various contracts and companies?  There is plenty of information out there, and all the public has to do is get their Google Fu on. Oh, and I forgot to mention FedBizOps, an excellent source of contract info.

   On the really cool side of things, the best quote in this whole thing is this one:

There is also a trend towards “an extensive privatization of the war,” she said, but added that the US Government has assured the UN experts that it does not relinquish its State authority of the legitimate use of force.

 

   Anyone recognize the terms in this statement?  If you are a Max Weber fan, which most of the anti-contractor crowds love to quote, then you will recognize the significance of this thing. This is the US Government, assuring the UN experts that it has ‘State authority of the legitimate use of force’. That is important, because here at Feral Jundi, we have been arguing this concept for awhile–that the US Government does have the control and always did have the control over the legitimate use of force when it comes to the use of security contractors.  Here is the quote from Max Weber for reference (definition of the state, Politics as a Vocation-wikipedia):

    In subsidiary, the lecture offers a definition of the state that has become pivotal to Western social thought: that the state is that entity which claims a monopoly on the legitimate use of physical force, which it may nonetheless elect to delegate as it sees fit. Politics is to be understood as any activity in which the state might engage in order to influence the relative distribution of force. Politics thus comes to obtain two power-based concepts, to be understood as deriving of power.. 

    I like hearing that, and thanks.-Matt

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US must ensure that private contractors do not infringe rights – UN experts

3 August 2009 –

A group of United Nations independent experts on mercenaries today voiced concern over the limited scrutiny of private security contractors by the United States Government, calling on greater transparency to prevent impunity for human rights violations.

“The responsibility of the State to protect human rights does not stop with contracting or subcontracting,” the UN Working Group on the use of mercenaries, who wrapped up a two-week visit to the US, said in a statement.

The Group underscored that the State has the primary responsibility of ensuring that contractors respect human rights and are prosecuted in the event of violations.

In spite of mechanisms created by US authorities to better monitor private military and security companies (PMSCs), “there is very little information accessible to the public on the scope and type of contracts,” they noted.

The intention by the US to increase the number of contractors to match the troop surge in Afghanistan is also a source of concern since it “may further dilute the distinction between military and civilian personnel, an obligation under international law,” said Shaista Shameem, the Group’s Chairperson-Rapporteur.

There is also a trend towards “an extensive privatization of the war,” she said, but added that the US Government has assured the UN experts that it does not relinquish its State authority of the legitimate use of force.

The Group is also concerned over the US Administration’s recent objection to a prohibition in next year’s defence funding bill of the use of contractors in interrogating people detained during or after hostilities.

“In light of the alleged involvement of PMSGs in the ill-treatment of detainees in US custody, the Working Group calls on the US Government to reconsider its initial position,” today’s press release said.

The experts also appealed for greater public access to information on the scope, type and value of contracts which “are not subject to scrutiny from the US Congress and Government, due to classified information,” stressing that the Department of Justice must take action to ensure that contractors’ violations of rights are punished.

To date, 17 cases involving contractors are under investigation and at least seven convictions have resulted.

Further, the Group underscored the need for a global oversight and monitoring body, with the US playing a major role in setting up a potential international pact to regulate the use of private contractors for security functions.

Created in 2006 by the Commission on Human Rights, the Group comprises five experts, serving in their personal capacities. Aside from Ms. Shameem, they are Alexander Nikitin, Amada Benavides de Pérez, José Luis Gómez del Prado and Najat Al-Hajjaji.

Story here.

2 Comments

  1. Hi Matt,

    It seems to me as though this was just another ruse to keep themselves “busy”. Maybe the PMC industry should establish a working group to investigate the UN’s “working group”. I am sure we will be quite surprised at what we find, although it will not be hard to predict what we will find.

    Rgds,

    Eeben

    Comment by Eeben Barlow — Wednesday, August 5, 2009 @ 3:00 AM

  2. LOL. Hey, that sounds like a fantastic idea. By the way, Jake has fired up the machine again. Take care. -matt

    Comment by headjundi — Wednesday, August 5, 2009 @ 5:15 PM

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