Feral Jundi

Thursday, June 21, 2012

Publications: From Private Security To Public Good–Regulating The Private Security Industry In Haiti

I thought this would be a good one for those of you interested in working in Haiti. This paper goes over the various challenges the PSC industry is coming up against, and some possible solutions for squaring away that industry. Ever since the earth quake, Haiti has been struggling to maintain order and rebuild. Having a well regulated and effective security industry will definitely help to maintain that order. –Matt

 

 

From Private Security to Public Good: Regulating the Private Security Industry in Haiti
Geoff Burt
June 18, 2012
Haiti, like many countries, relies heavily on private security companies to protect people and property. However, while the private security industry has a vital role to play in stabilizing the country, it has long functioned without effective government oversight. Haiti’s security sector reform (SSR) process has begun to address this shortcoming. The paper analyzes the current state of the private security industry in Haiti and the legal framework under which it operates, and makes recommendations for how a reformed legal and regulatory regime can guide the next phase of its development, based on interviews with owners and agents of private security companies, industry associations, senior Haitian police personnel, United Nations (UN) planners and parliamentary leaders. The paper concludes that genuine consultation and partnership between the government, industry and civil society is required, if SSR programs in Haiti and elsewhere are to successfully marshal private resources towards the public good.
Read the publication here.
Download PDF here.

Friday, June 15, 2012

Industry Talk: ASIS Receives ANSI Approval For PSC.2 Conformity Assessment Standard

Filed under: Industry Talk,Publications — Tags: , , , , , , — Matt @ 2:48 AM

“When incorporated into contracts, compliance with the standard becomes enforceable under contract law,” says Christopher Mayer, director, Armed Contingency Contractor Policies and Programs at the U.S. Department of Defense. “Aside from direct legal action, the contracting activity can assess penalties, demand redress, withhold payment, and implement other measures to include contract termination to promote compliance and encourage company adherence.”

This post is the second installment of the ASIS ANSI approval process news that has been coming out. The first step was putting together the standard, and this part identifies the process of auditing companies. Which is very important, because you want a very impartial and reputable group to do this assessment. The strength of the certification is all based on the integrity of the auditing organization, and these guidelines spell out that process.

“The integrity of the auditing process and the competence of auditors are key to a credible conformity assessment process” says Marc Siegel, Commissioner, ASIS International Global Standards Initiative. “This standard builds on the time-tested ISO/IEC conformity assessment process to raise the bar for auditing in complex environments. By defining auditor competence and a transparent auditing process, the ANSI/ASIS Conformity Assessment Standard helps assure that PSCs will be treated fairly and only those that live up to the conformance requirements of the PSC.1 standard get certified.”

Which is great. The other thing with this is that a standard should not be something that is bought, but something that is earned, despite the size of the company. So hopefully this part of ANSI does not get abused. But also, if the standards are public and well known, then there will not be any contention about it’s interpretation. It is a national standard, and not something that changes from state to state. (with an ISO or international standard, it will be world wide, and you can see why this would be important for contracting on a global scale)

The other part that is interesting, is the quote up top. That kind of language is what puts teeth into adhering to these standards– which is great.  It means companies will actually have to get serious about quality and living up to that ANSI certification, or lose contracts or get heavily penalized because of actions on that contract. Like the quote says, ‘compliance with the standard becomes enforceable under contract law’.

Well, next stop is the ISO and we will see how that goes. The big picture for all of this stuff is that it only helps to ‘legitimize’ this industry and make us more of an asset to clients, and less of a liability. It gives clients more tools to pick quality companies, and to penalize companies who veer from their code of conduct as stated in the contract they signed. In essence, it evens the field a little when it comes to the principal-agent problem.

Like with the last ASIS publication, you can go to their website and buy a copy. Or if you are a member, it is free. Although if you search around, you will find copies floating around that folks have posted on the internet. –Matt

 

ASIS International Receives ANSI Approval for PSC.2 Conformity Assessment Standard
June 14, 2012
ASIS International(ASIS), the preeminent organization for security management professionals worldwide, received ANSI approval for its standard, Conformity Assessment and Auditing Management Systems for Quality of Private Security Company Operations(ANSI/ASIS PSC.2-2012). Developed by an international Technical Committee comprised of members from civil society organizations, as well as PSCs and their clients, this standard provides requirements and guidance for conducting a conformity assessment of the ANSI/ASIS PSC.1-2012, Management System for Quality of Private Security Company Operations – Requirements with Guidance (PSC.1) Standard.
Private Security Service Providers including Private Security Companies (collectively “PSCs”) play an important role in protecting state and non-state clients engaged in relief, recovery, and reconstruction efforts; commercial business operations; diplomacy; and military activity. Independent, external conformity assessment and certification of a Quality Assurance Management System is one means of providing assurance that a PSC has implemented a system for the management of quality of service consistent with respect for human rights, legal obligations, and good practices, as specified in the PSC.1 standard. Clients who use the services of PSCs have indicated they will use the ANSI/ASIS PSC.1-2012 in their contracting processes. The PSC.1 Standard serves as a differentiator for companies that can provide quality of service, manage risk and respect human rights.

(more…)

Monday, May 21, 2012

Letter Of Marque: Title 33, Chapter 7 Of The US Code–Regulations For The Suppression Of Piracy

Yep, this exists, along with Article 1, Section 8, Paragraph 11 of the US Constitution. I thought this was pretty cool, because we definitely have laws on the books for getting private industry involved with the suppression of piracy.

I also liked these laws, because they defined captures. That the US can authorize private industry for capture of pirates. This is important to note, because at this time, there is only a Defense Industry in place for the suppression of piracy. Meaning, companies are only providing guards to defend vessels with the possible use of force. No one has the authority to arrest or capture pirates.  So basically we have a system in place that only allows for the ‘killing’ of pirates in the course of the defense, but god help us if private industry actually arrested folks?

By arresting pirates, we can find out information about pirate operations and we can keep these thugs out of the business of piracy by letting them rot in a prison. It would also give companies some authority for when pirates surrender. An effective Offense Industry could profit from the capture (or killing if pirates fail to surrender and become violent), and thus removing those threats from the seas. I should also note that the US congress used to pay privateers for the capture of British sailors and seamen during the War of 1812 using a bounty system. In other words, companies must be compensated if you want them to actually arrest and detain pirates. Without incentive and and well defined legal authority, ship owners and security guards on these boats will want nothing to do with capturing anyone.

Or we can continue to promote this current Defense Industry where companies either kill or wound pirates in fire fights and then allow pirates to escape–so they can go attack some other vessel. Hell, why would companies be compelled to kill pirates in the first place with such a system?  Killing pirates or arresting them, would eliminate the sweet deal ‘Defense Industry’ we have that benefits from having active pirates.  Something to think about when talking about when dealing with today’s piracy issues. –Matt

 

Title 33, Chapter 7 Of The US Code– Regulations For The Suppression Of Piracy

Sunday, May 13, 2012

Publications: Contractor Support Of USCENTCOM AOR, 2nd Quarter FY 2012

Check it out. Contractor use has only increased in Afghanistan, and in Iraq we have seen a draw down from the last report. I thought what was equally interesting was the increase of contractor use in ‘other’ locations. 14,618 ‘other location’ contractors last quarter versus 24,765 for this quarter. It would be cool if they actually broke down these other locations? All said, the total amount of contractors are just a little more than last quarter, but not by much.(151,995 last quarter versus 152,959 this quarter)

What is also curious is the decrease in the use of local nationals from the last report, and the increase in the use of American and partner contractors in Afghanistan. I am wondering if that is a direct result of all of these incidents of green on blue attacks, or because of poor quality services performed by local Afghans?  Who knows, and it is hard to say what is happening with the numbers there.

As to security contractors, we have seen a huge increase in use for Afghanistan. Last quarter we were at 20,375 folks, and now we are at 26,612. So we must be doing something right.

Although Iraq has seen a pretty sharp decline in security contractor use. Last quarter we were at 8,995 and this quarter we are at 3,577. But that is still a significant security contractor presence presence in post war Iraq.  This might stabilize as well, after all of the ‘right size’ initiatives that DoS was working towards. But who knows and it might go lower.

The other cool deal in this publication was the mention of the new ANSI standard for security companies. Under Sec 833 of the FY2011 NDAA, the US government will use third party accreditation services to see what companies meet the ANSI standard.  So it will help the government in picking companies for contracts that at least meet ANSI. And if companies want to play, they will have to live up the ANSI standard. Or that is the theory, and we will see how all of this translates out in the field.

This is still a great deal, and in this report they mentioned the concept of ‘best value’ and how this ANSI standard can help them find the best value companies out there. But hopefully this will not be the only metric.  Reputation, and how they treat their contractors should be other areas of concern, as examples of how they should pick.

It was funny though that they threw in that other term ‘technically acceptable’.  It sounds like some in government are still hanging on to LPTA as the way to go for contracts, and that is just dumb. Lowest Priced, Technically Acceptable contracting is how you get these ‘race to the bottom’ gigs like TWISS, and it is just a dumb tool for security contracts. LPTA might work for finding a contractor to mow your lawn and no one really cares if they screw up.  No lives will be lost and the lawn will be cut regardless.

But for security, you want the best value for the dollar–just like you would choose a doctor or a lawyer.  Because with these types of contracts, lives ‘are’ on the line…-Matt

 

Contractor Support Of USCENTCOM AOR, 2nd Quarter FY 2012

Friday, May 11, 2012

Publications: Journal Of International Peace Operations, May-June 2012

These are great publications and in order to read them, just put your cursor over the ‘expand’ button in the center and it will expand the whole thing into a readable format. Definitely play around with it, and check it out. –Matt

 

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