Feral Jundi

Ever since the news of all of these companies signing on to this International Code of Conduct, there hasn’t been much else reported. So I figured I would do a little research and see where they are at.

Low and behold, there is actually some interesting movement going on with the group. First, they have a website.  Excellent move and it sounds like they are getting organized. Below, I listed all of the members of the steering committee, and these are the folks that will decide how this thing is to work.

I thought it was interesting that they found representatives from all over. Here is a quote:

Michael Clarke, G4S
Mark DeWitt, Triple Canopy
Estelle Meyer, Saracen International
Sylvia White, Aegis

Yep, that list says it all. G4S is the largest security company in the world. Triple Canopy is a large US based company. Aegis is another huge company with offices all over. But Saracen International….Now that is interesting. I guess they are the largest company representing Africa?

The other news with the ICoC is that there are now 211 members!  Up top, I even started a page dedicated to ICoC members, and as more folks sign on, I will update. The list is in a Scribd format, and I think that makes very easy to scroll through and use.

But the real story here that I wanted to talk about, was the discussion in their latest minutes about the grievance process. My number one concern with groups like SAMI, ISOA, and now this ICoC group….as always….is what will they do about members who violate the standards? What is the crime, and what is the punishment?

It is one thing to get everyone to sign on to these codes of conduct, but if you have no disciplinary policy with teeth to back them up, then what’s the point? lol Seriously. Why make laws, if you plan not to enforcement or punish folks for doing bad things?

Now I am not saying that the ICoC is not going to punish members that screw up, but according to these minutes, it sounds like they are going to put the onus of punishment on the companies themselves first. Which is fine, but what if the company does not want to clean house, or maybe they just want to drag it out until everyone forgets about the grievance.

Of course companies should all strive to take care of business so that they are in accordance to the ICoC, as well as doing all they can to take care of their people and clients.  But if they have no fear of punishment, because the ICoC is not aggressive or is unwilling to get tough with members that pay dues, then you can kind of see the potential problems here. Which really boils down the question to this. Is the ICoC just words, or do those words actually mean something?

As you read through the minutes, the ICoC committee also mentioned the good offices concept and creating an incentive of some type for companies to actually do something about this stuff.  I had to look up good offices in the dictionary, and here is a quote:

Third-party influence that facilitates one party’s dealings with another.

So basically they will act as a mediator between the aggrieved and that company?  Interesting, and yet again, what interest would this office have to fight for the aggrieved?  Isn’t it a conflict of interest if a mediator is getting payment by one group in the form of dues/membership fees, and then claiming to help out the other side (the aggrieved) who does not pay dues?

Finally, I would really like to see the incentive(s) that the committee comes up with in future discussions, that will actually get companies to abide by the standards. Are we talking fines, or membership loss or suspension. How about a black list of bad companies?  What are we talking about here?

The big picture is pretty simple to spell out. Members get value when they sign on to this document, by enjoying the benefits of a gold seal of approval. Clients want to believe in that standard, and trust that they are actually doing business with a good company. Contractors want to believe that they are working for a company that actually cares about treating them properly, and this ICoC is a symbol of a companies desire to do good.

But with weak to non-existent enforcement of those standards, that gold seal of approval will turn into lead and clients, the public, and contractors will have no respect for what it stands for. Those are my thoughts on the matter…. –Matt

Edit: 10/12/2011- Here is a snippet from a recent article on the ICoC:

Motzouris says the ICoC does not dismiss the efforts of the Montreux Document, rather it builds upon the base developed by the Montreux Document in order to develop a more comprehensive regulatory mechanism. While the Montreux Document was primarily aimed at states, the ICoC takes on a multi-stakeholder approach that includes governments, PMSC, industry associations, experts and academics and civil society. The ICoC outlines principles for the conduct of PMSC personnel, including rules on the use of force, detainee treatment, prohibition of sexual misconduct, etcetera.

“The reason the ICoC is different from any other regulatory mechanisms is that it appeals to governments and non-state clients to adhere to the Code whilst drawing up contracts with PMSCs. If a PMSC is a signatory of the Code, and the government or non-state actor whom they are contracting to has also committed to implementing the Code, then it moves from a voluntary regulatory standard, to one that can be upheld in a court of law. The British Government has already expressed its commitment to making adherence to the ICoC a requirement for any of its contracted PMSCs, and the US Government is contemplating a move in the same direction,” Motzouris added.

International Code of Conduct for Private Security Service Providers

There was consensus that if a complaint is made it should be dealt with by the company first. In some circumstance that won’t be appropriate (internal grievance mechanism exhaustion requirement, with well defined exceptions). There was consensus that the grievance mechanism should include something like a referral function.
A summary of the grievance mechanism functions would be:
A  complaint triggers two avenues:
1. Compliance review,
2. Notice advisory/referral with options for the claimants. Afterwards facilitation of the IGOM for remedy.

The Charter should allow the IGOM to use good offices to try to consult with parties
Special audit is not uniquely a feature of the grievance mechanism
A judicative function is not a part of the IGOM grievance mechanism (but there has to be some outcome of failure if a resolution is not achieved, e.g., there should be an incentive to participate in good faith in a mediation)
The most recent minutes of the steering committee here.
—————————————————————-
ICoC Steering Committee
Paragraph 11 of the ICoC calls for the creation of a Steering Committee which is responsible for developing and documenting the initial arrangements for the independent governance and oversight mechanism, including by-laws or a charter which will outline mandate and governing policies for the mechanism.
After the 9 November 2011 Signatory Conference, members from the three stakeholder communities chose representatives for the Steering Committee.  The Committee consists of three Participants and one possible Auxiliary Member from each of three stakeholder groups: governments, companies, and civil society organizations. Decision-making is to be made through consensus, with voting possible in those rare cases where consensus cannot be reached. If a vote is required, then at least one member from each stakeholder community must vote in favour for the vote to pass.
The representatives on the Steering Committee are:
Industry:
Michael Clarke, G4S
Mark DeWitt, Triple Canopy
Estelle Meyer, Saracen International
Sylvia White, Aegis
Civil Society:
Chris Albin-Lackey, Human Rights Watch
Nils Melzer, Center for Business and Human Rights University of Zurich
Meg Roggensack, Human Rights First
Governments:
Josh Dorosin, US Department of State
David Dutton, Australian Department of Foreign Affairs and Trade
Ian Proud, UK Foreign Commonwealth Office
Convener / Facilitator:
Swiss Government
DCAF
For more information on ICoC Steering Committee responsibilities and procedures, please consult the Steering Committee Rules of Procedure.