Feral Jundi

Tuesday, October 26, 2010

Industry Talk: UN Working Group Is Strangely Silent About The UN’s Use Of PSCs In Afghanistan

     I wanted to do a quick criticism of the UNWG’s latest press release about US PSC’s in Afghanistan. Why would they criticize US oversight of PSC’s, and yet not take a critical look or even mention the UN’s use of PSC’s in Afghanistan?

   UN experts call for stronger oversight of US private security contractors in Afghanistan and I would like to hear what the UN has as a means of accountability over a PSC like IDG Security? What if one of those guards committed a criminal act–what would the UN do with that individual? How about the vetting? Do they know that every guard is former Gurkha or has a clean background? How about the other contracted and sub-contracted companies the UN uses?

    The other thing I was curious about is what happens to a contracted company the UN uses that violates their ‘code of conduct’ called the UN Global Compact? Do they prosecute the individuals in a UN tribunal, or do they just fire them and ‘hope’ that the home country is able to do something with them? Pfffft. Where’s the ‘teeth’, as they say?

     It would seem to me that the UN is doing the exact same things as the US in terms of using PSC’s, but continues to only point fingers at others. I would classify that as ‘hypocritical’, don’t you think? By the way, if UNWG is curious at all, they should contact UN staff in Afghanistan and ask them about the ‘other’ companies they are using. Just so they can have all the information they need to make a report about the ‘UN’s use of PSC’s in war zones’.-Matt

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Press Release from UNWG

GENEVA (19 October 2010) – The UN Working Group on the use of mercenaries welcomed as “a step in the right direction” a recent report by the US Senate Committee on Armed Services into the role and oversight of US private security contractors in Afghanistan. “However, more should be done to address the problems raised in that inquiry,” said the Chairperson of the expert body, Alexander Nikitin. “In particular, there should be stronger oversight of US private security contractors in Afghanistan and elsewhere.”

“The findings of the US Senate report are consistent with those of the Working Group following its visit to Afghanistan* in April 2009,” said Mr. Nikitin, noting that the study shows the many problems raised by the absence of adequate oversight over the private military and security companies contracted by the US Government in Afghanistan.

“Because of the lack of effective vetting procedures, in particular, some of these companies employed individuals who may have been involved in human rights abuses in the past and continued to be involved in human rights violations while employed by these companies,” he said.

The Working Group noted during its visit to Afghanistan that former armed elements, whether considered to be warlords or anti-Government elements, were not effectively prevented from registering as employees of officially licensed private security companies.

Given the lack of systematic and effective vetting and training procedures, and the absence of adequate sanctions in case of violations, the UN expert body had recommended that Governments contracting private security companies in Afghanistan establish adequate oversight and accountability mechanisms.

Later that year, during the Group’s visit to the United States in July, it also recommended that the US Government establish a more vigorous vetting procedure before awarding contracts. “The problems faced in Afghanistan illustrate once again the importance of and the pressing need for a strong system of regulation and oversight of private military and security companies.” said Mr. Nikitin.

“The matters discussed in the US Senate report are too important to be left to self-regulation of companies,” the Group’s Chairperson stressed. “While voluntary codes of conduct for private contractors are welcome, they are not sufficient to ensure that States regulate and monitor the activities of the companies they contract to carry out State functions, and establish accountability mechanisms to address human rights violations.”

A draft text for a new convention on the regulation of private military and security companies was presented by the expert body to the Human Rights Council last month.The Council decided to establish an open-ended intergovernmental working group to consider the possibility of elaborating an international framework on the regulation, monitoring and oversight of the activities of private military and security companies, taking into account the principles and provisions for a new legally binding instrument proposed by the Working Group on mercenaries.

“The self-regulatory codes of conduct of the security industry have failed in the past ten years to establish effective accountability,” said Mr. Nikitin. “In this regard, we hope that all States, including the United States where many private military and security companies are established, will seriously consider participating in the process initiated by the Human Rights Council aimed at setting up an international regulatory framework for private military and security companies.”

The Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination was established in 2005 by the Commission on Human Rights. It is composed of five independent experts serving in their personal capacities:, Mr. Alexander Nikitin (Chairperson-Rapporteur – Russian Federation), Ms. Amada Benavides de Pérez (Colombia), Mr. José Luis Gómez del Prado (Spain), Ms. Najat al-Hajjaji (Libyan Arab Jamahiriya) and Ms. Faiza Patel (Pakistan).

Link to press release here.

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Participant Information

IDG Security Pte Ltd.

Participant since 2008/03/06

Status Active

Country Singapore

Organization Type SME

Ownership Private Company

Sector General Industrials

Letter of Commitment  UN_Global_compact_Feb_08.pdf

Website http://www.idg-security.com

Next Communication on Progress

IDG Security Pte Ltd. is required to communicate on progress by 2011/03/06.

Link to UN Global Compact website here.

 

Afghanistan: PSC News–IDG Security Saves The Day In Attack On UN Compound, Herat

     “In total four attackers have been killed. One detonated his explosives-packed vehicle at the gate, a second attacker was shot and killed outside the compound, and two other attackers have been shot and killed inside the compound,” he said.

     The interior ministry said three security guards contracted by the UN were injured in the attack.

     UN officials in Kabul and Herat confirmed the attack and that there were no deaths or injuries among UN staff, who had taken refuge in a safe bunker. –AFP

*****

     This is cool. Lately I have been trying to get a hold of someone with the UN to talk about this attack and who was involved in the defense. I did and low and behold, a PSC called IDG Security was involved in the defense of this compound. What is significant about this is that the UN is using PSC’s in Afghanistan and they are saving lives, contrary to what Karzai or the media might have you believe.

     IDG Security is a Nepalese staffed company, composed of former Gurkha and former British officers. Erinys also merged with IDG Security last year and so technically, kudos go to Erinys and their staff as well.

     The other point to bring up is that this attack is an exact repeat of prior suicide assaulter type attacks in the past. Although in this case, the suicide assaulters were wearing burqas and pretending to be women. Thanks to the quick thinking of the defenders and effective defenses of the compound, these are now dead suicide assaulters! Do you think the assaulter’s last thoughts as they passed were ‘damn, I was just killed wearing a burqa’? lol

     Bravo to IDG Security, and bravo to the UN for using a competent PSC for the defense. –Matt

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Taliban launch attack on U.N. compound in western Afghanistan

By Joshua PartlowSunday, October 24, 2010

KANDAHAR, AFGHANISTAN – The Taliban launched a midday assault on the United Nations headquarters in western Afghanistan on Saturday, crashing a car bomb into a compound gate to create an opening for suicide bombers disguised as women, according to U.N. and Afghan officials.

The attack was a startling reminder of the Taliban’s readiness to strike at the symbols of foreign presence in Afghanistan, in this case a heavily fortified facility in the relatively peaceful city of Herat, near the Iranian border. Although two Afghan policemen were injured, the attack largely failed, as U.N. guards and Afghan security forces were able to kill the insurgents. No U.N. personnel were hurt.

A thinned-out weekend staff was manning the U.N. offices when the attackers launched rocket-propelled grenades at the compound just before noon and rammed a car bomb into the back gate, U.S. and Afghan officials said. At least three other insurgents, each hiding a suicide vest under a burqa, the head-to-toe cloak worn by many Afghan women, managed to get through the gate before being killed by either guards or police, the officials said.

“This is quite significant,” one U.N. official said. “There was no such direct attack here, as far as I know, for a long time.”

It was the most serious attack on a U.N. facility since October 2009, when insurgents stormed a U.N. guesthouse in Kabul and killed several members of the foreign staff there, prompting the mission to evacuate many employees, change housing arrangements and bolster security.

After Saturday’s violence, the U.N. staff plans to relocate until its offices can be repaired and fortified but said operations in Herat will be unaffected.

“The United Nations will continue to maintain its presence and programs in Herat for the benefit of the population in need and in support of the Afghan authorities,” the mission said in a statement.

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Sunday, October 24, 2010

Publications: Contractor Support Of USCENTCOM AOR, 3rd Quarter FY 2010

Contractor Support of USCENTCOM AOR, 3rd Quarter FY 2010

Industry Talk: Foreclosure Freeze Could Put Security Clearances At Risk

     This popped up on my radar and I thought this was very interesting. I have not received any emails from contractors who are dealing with this problem, but I am sure it impacts a few out there. If anyone has experienced any issues related to this, feel free to comment below. –Matt

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Foreclosure freeze could put security clearances at risk

By Dina ElBoghdady and Dana Hedgpeth

October 20, 2010

The sudden moratorium on many foreclosures across the country has unexpectedly put some federal workers and contractors in jeopardy of losing their security clearances because of the heightened uncertainty clouding their finances, according to lawyers who handle these cases.

Employees with security clearances are monitored by the government for financial problems that would make them vulnerable to bribery or blackmail. And with many financial companies adopting some form of foreclosure freeze in recent weeks, it’s taking longer for some delinquent borrowers to resolve their mortgage cases and put their troubles behind them, the lawyers said.

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Legal News: Efforts To Prosecute Xe Are Collapsing

     Interviews with lawyers involved in the cases, outside legal experts and a review of some records show that federal prosecutors have failed to overcome a series of legal hurdles, including the difficulties of obtaining evidence in war zones, of gaining proper jurisdiction for prosecutions in American civilian courts, and of overcoming immunity deals given to defendants by American officials on the scene.

     “The battlefield,” said Charles Rose, a professor at Stetson University College of Law in Florida, “is not a place that lends itself to the preservation of evidence.” 

*****

     This is very interesting and troubling from a legal standpoint. This will just add to the argument against this industry that we are above the law or immune from any wrong doing.

     I am speaking for myself here, but I am sure others will echo the same sentiment. I do not view us as above the law or unaccountable, nor do I want to be looked at as ‘above the law or unaccountable’. I want us to be accountable, and the public that pays the taxes that is used by congress to contract our services in war zones must also be assured that we are accountable.

     As it stands now, the government has yet to figure this stuff out and we continue to be demonized and discredited for our service in the war. That means the security contractors who died in the war, as well as the living will continue to be looked at as less than or illegitimate. That is why it is extremely important that a legal mechanism is established that actually works.

     Now of course the justice system ran it’s course with the ruling of this individual who shot the Iraqi bodyguard. But if the DoJ can’t prosecute such a simple and clear cut case, then how does that translate with other similar cases?

     I also want to hold the FBI to some accounting as well.  If evidence in a war zone is needed, then send agents to that war zone and collect it. They can call upon military police in those jurisdictions to help. For the whole immunity deal, it needs to be made clear exactly who can give that kind of immunity and in what circumstance. This is where congress can intervene and dictate exactly how that is to be done.

    Another point to make is on the big picture. Our enemy continues to be released from Gitmo because of a lack of ‘war zone evidence’ or whatever, and they go right back to the battlefield and kill more soldiers or innocents. I don’t agree with this legal policy as well. In both the contractor and terrorist cases, a lack of coherent legal mechanisms that everyone can agree upon is not good.

     I also think that politics have certainly gotten in the way of forming and deciding upon coherent legal mechanisms. If one side thinks military tribunals is sufficient, and the other side thinks federal courts is better, and we continue to do the slow slog of debate and deliberation on determining the best way, well then the war time strategy will suffer and more people will die. Figure it out folks, because that is your job and lives depend upon it.

    Likewise, the security contracting industry has been extremely active and highly depended upon in this war, and yet an effective legal mechanism by which to govern this industry has yet to be established. I don’t get it? Especially when there is precedent for establishing a legal mechanism called Article 1, Section 8, Paragraph 11 in the US Constitution. Granting a LoM is the duty of congress, and yet they have completely shirked this duty and passed on the establishment of legal mechanisms governing contractors upon the various agencies of government. Talk about passing the buck? And look how much confusion this has created?

     A LoM could have dictated exactly what laws and legal mechanisms congress wanted contractors to fall under. A LoM could also have an expiration date and be re-granted from year to year just so it stays current and based on the newest legal issues of the day. But the best part of it is it is a power granted to congress and would give them the ultimate control over the companies who wish to obtain extremely valuable government contracts. No middlemen or agencies, no lobbyists–just congress and a company in a room hashing out a reasonable LoM. If congress wants a company to fall under the UCMJ, it could become an official decree backed by the Constitution and a congress that issued the LoM. If it is MEJA or whatever, congress can make that happen through this legal mechanism.

     Or we can continue to flail in the wind and harm the war effort due to this inaction by congress. –Matt

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Efforts to Prosecute Blackwater Are Collapsing

October 20, 2010

By JAMES RISEN

WASHINGTON — Nearly four years after the federal government began a string of investigations and criminal prosecutions against Blackwater Worldwide personnel accused of murder and other violent crimes in Iraq and Afghanistan, the cases are beginning to fall apart, burdened by a legal obstacle of the government’s own making.

In the most recent and closely watched case, the Justice Department on Monday said that it would not seek murder charges against Andrew J. Moonen, a Blackwater armorer accused of killing a guard assigned to an Iraqi vice president on Dec. 24, 2006. Justice officials said that they were abandoning the case after an investigation that began in early 2007, and included trips to Baghdad by federal prosecutors and F.B.I. agents to interview Iraqi witnesses.

The government’s decision to drop the Moonen case follows a series of failures by prosecutors around the country in cases aimed at former personnel of Blackwater, which is now known as Xe Services. In September, a Virginia jury was unable to reach a verdict in the murder trial of two former Blackwater guards accused of killing two Afghan civilians. Late last year, charges were dismissed against five former Blackwater guards who had been indicted on manslaughter and related weapons charges in a September 2007 shooting incident in Nisour Square in Baghdad, in which 17 Iraqi civilians were killed.

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