Yep, in this conference, the idea of using privateers and the Letter of Marque was brought up as a means of protecting World Food Programme vessels. How cool is that? Not only that, but the idea was brought up in a conference filled with Ambassadors, academics, UN folks, PMSC folks, NGO’s etc. Here is a quote and page number if you would like to check it out.
Potential problems with the use of PMSCs in counter-piracy efforts, according to Mr Stupart, include firstly the issue of legality, where the use of PMSCs under current international maritime law is not very clear. In order to overcome this issue, calls for the reintroduction of the Letters of Marque have been suggested. The letters of Marque refers to the definition of piracy, the jurisdiction being decided upon, and the rules of engagement being determined by the flag state under which the vessel operates. Another issue raised by Mr Stupart relates to the possible escalation of violence. If pirates feel a risk due to the arming of vessels with PMSCs, they may adopt more aggressive tactics. This will be a major problem, especially for all merchant vessels that are not escorted or guarded by PMSCs. -From the section WORLD FOOD PROGRAMME PRIVATEERS – OUTSOURCING HUMANITARIAN AID IN THE GULF OF ADEN MR JOHN STUPART, Page 18
The other interesting thing about this conference is that it goes into some of the details of PMSC involvement in Africa. Places like the Sudan or Somalia, and that is great to hear. Most of all, the support for this industry was favorable as well. We are the go to forces for protecting these humanitarian operations and it was clear to me that the conference did recognize our value.
On the other hand, the recurring theme throughout the conference was the lack of legal authority or accountability with the various PMSC’s in Africa. So yes, the humanitarian assistance industry wants to use our industry, but they also do not want to get in trouble legally because of the actions of their security forces.
And of course, the classic principal agent problem comes up, and that is a constant theme everywhere in the world when it comes to contracting. A poorly written contract, a lack of oversight over the project, etc. are all issues that need to be worked out and discussed so you can responsible contract the services of a good PMSC.
Here is another quote in the conference that summed up quite nicely why there is such an interest and demand for PMSC’s in Africa.
Mr Chris Kwaja began the fourth session with an interrogation of the rationale and centrality of non-state military and security providers in the provision and delivery of humanitarian assistance operations in Darfur/Sudan. He argued that the rise of PMSC involvement in humanitarian assistance operations was due to the rising amount of armed conflicts and the inability of states to contain these conflicts, the decline of state troop contributions, the success and popularity of neo-liberalism which encouraged private sector involvement and the weakness of states to fulfill their constitutional obligations of security provision for the masses. Mr Kwaja also stated that PMSCs were arguably able to fill the capacity gap in terms of high-tech skill provision, that national militaries lack. -From the section FROM COMBAT TO NON COMBAT ACTION: PMSCS AND HUMANITARIAN ASSISTANCE OPERATIONS IN DARFUR/SUDAN MR CHRIS KWAJA, Page 15
This is why I perked up with what was discussed in this conference, along with the mention of the Letter of Marque. To me, these folks were not focused on trying to get rid of us, but on’ how to use us’. Check it out. –Matt
