Private Actors and Security Governance Alan Bryden, and Marina Caparini (editors.) © 2006, LIT & DCAF Contents List of Graphs and Tables ix Preface xi Abbreviations xiii Part I: Introduction 1 Approaching the Privatisation of Security from 3 a Security Governance Perspective Alan Bryden Part II: The International Policy Context 2 Fragile Statehood, Armed Non-State Actors 23 and Security Governance Ulrich Schneckener 3 Private Sector, Public Security 41 Alyson Bailes 4 Insurgencies, Security Governance and 65 the International Community Albrecht Schnabel. 5 Reconstructing the Public Monopoly 87 of Legitimate Force Herbert Wulf Part III: Regional and National Perspectives 6 Bulgaria's Private Security Industry 109 Philip Gounev 7 The Commercialisation of Post-Soviet Private Security 129 Duncan Hiscock 8 Challenges of Security Privatisation in Iraq 149 David Isenberg 9 Implementing South Africa’s Regulation of 167 Foreign Military Assistance Act Raenette Taljaard Part IV: Challenges of Regulation 10 Regulating Military and Security Services 189 in the European Union Elke Krahmann 11 The United Nations and the Dilemma 213 of Outsourcing Peacekeeping Operations Victor-Yves Ghebali 12 Assessing the Relationship between Humanitarian 231 Actors and Private Security Companies Christopher Spearin 13 Private Security Actors, Donors and SSR 247 Peter Wilson Part V: Conclusion 14 Applying a Security Governance Perspective to 263 the Privatisation of Security Marina Caparini Annex International Organisations and the Governance of 285 Private Security Jonas Hagmann and Moncef Kartas List of Contributors 305 About DCAF 307 Index 309 List of Graphs and Tables Table 2.1 Types of Armed Non-state Actors 30 Table 5.1 Arguments for and against Deployment of PMCs 95 Table 5.2 Establishing the Multi-level Monopoly of Force 100 Graph 6.1 Racketeering and Violence In Bulgaria 113 Graph 6.2 Have you been asked money for protection? 116 Graph 6.3 What were the reasons you hired a PSC? 121 Table 10.1 Military Service Export Controls in the EU 202 Preface The Geneva Centre for the Democratic Control of Armed Forces (DCAF) is an international foundation whose mission is to assist the international com- munity in promoting good governance and reform of the security sector. Beyond a range of publications linked to its research and operational pro- grammes, each year DCAF dedicates an entire volume to a selected topic of particular relevance to our ongoing research and analytical work. The first volume was published in 2003 under the title Challenges of Security Sector Governance; the second one was published in 2004 under the title Reform and Reconstruction of the Security Sector; and the third volume in the series, published in 2005 was devoted to Security Governance in Post-Conflict Peacebuilding. The fourth edition of the series is dedicated to Private Actors and Se- curity Governance. Security privatisation, from the perspective of both the top–down decision to outsource military- and security-related tasks to pri- vate firms, and the bottom–up activities of armed non-state actors such as rebel opposition groups, insurgents, militias and warlord factions, challenge the state’s authority and monopoly of legitimate force. Common to this phe- nomenon in all its dimensions is that it has significant implications for effec- tive and democratically accountable security governance and is directly linked to opportunities for security sector reform (SSR) across the range of different reform contexts. This volume begins by attempting to situate secu- rity privatisation within a broader framework that takes into account differ- ent understandings of the role of the state in international relations, concepts such as globalisation, transnationalisation as well as the consequences of 11 September 2001 (9/11). From a security governance perspective, different national cases are then assessed. Finally, different forms of regulation and control are considered with respect to the various faces of security privatisa- tion. It would not have been possible to successfully complete this volume, particularly in light of the tight timescales involved, without the invaluable support of a number of people. In particular, we would like to thank Jonas Hagmann and Moncef Kartas for research and editing contributions, in par- ticular in authoring the very rich Annex to this volume. Oliver Wates and Jason Powers respectively provided excellent copy- and technical editing assistance, and Tim Donais provided incisive comments and inputs on earlier drafts of the manuscript. Veit D. Hopf of LIT Verlag again guided us xii through the publication process with much patience and encouragement. Our thanks go in particular to the contributors, who agreed to write under signifi- cant time pressure, and our colleague Heiner Hänggi at DCAF who provided valuable comments on different parts of the publication. The topics touched upon in this volume were discussed at a workshop as a part of the bi-annual DCAF International Advisory Board meeting where DCAF IAB members provided a number of important comments. The editors would also like to thank the DCAF IAB members for their very use- ful inputs. The Editors Geneva, September 2006 Abbreviations ACHPR African Commission on Human and Peoples’ Rights ANSA Armed non-state actors ASEAN the Association of Southeast Asian Nations AU African Union BAPSC British Association of Private Security Companies CFSP Common Foreign and Security Policy CICAD Inter-American Drug Abuse Control Commission CIS Commonwealth of Independent States CIFTA Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and other Related Materials CIMIC Civil-Military Cooperation CJTF Iraq and Combined Joint Task Force COARM Conventional Arms Exports Working Group CoESS Confederation of European Security Services CPA Coalition Provisional Authority CSecR Corporate Security Responsibility CSR Corporate Social Responsibility CTC Counter Terrorism Committee DCAF Geneva Centre for the Democratic Control of Armed Forces DDRR Disarmament, Demobilisation, Reintegration and Rehabilitation DFID United Kingdom’s Department for International Development DSL Defence Systems Limited DSO State Protection Service (derzhavna sluzhba okhorony ) ECHO European Commission’s Directorate-General for Humanitarian Aid ECOSOC United Nations Economic and Social Council ECOWAS Economic Community of West African States EU European Union FARC Fuerzas Armadas Revolucionarias de Colombia GAO U.S. Government Accountability Office GCC Gulf Cooperation Council HRL International human rights law xiv IAEA International Atomic Energy Agency IAMB International Advisory and Monitoring Board ICC International Criminal Court ICISS International Commission on Intervention and State Sovereignty’s ICRC International Committee of the Red Cross IF-SSR Implementation framework for SSR IHL International Humanitarian Law IMO International Maritime Organization, IPOA International Peace Operations Association KLA Kosovo Liberation Army MEJA Military Extraterritorial Jurisdiction Act MIA Ministry of Internal Affairs MONUC United Nations Mission in the Democratic Republic of Congo MPRI Military Professional Resources Incorporated MTCR the Missile Technology Control Regime NAPAPPA National Association of the Persons and Association Performing Protective Activity NATO North Atlantic Treaty Organsiation NCACC National Conventional Arms Control Committee NGO Non-Governmental Organisation NPA National Prosecuting Authority OAG Office of the Auditor General in Canada OAS Organisation of American States OCHA Office for the Coordination of Humanitarian Affairs OECD Organisation for Economic Co-operation and Development OIC Organisation of the Islamic Conference OSCE Organisation for Security and Co-operation in Europe PMC Private Military Company PoA Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons, in All Its Aspects PPD Police Protection Department PPP Public–private partnership PSC Private Security Company RDA Relief and Development Agency xv RFMA South African Regulation of Foreign Military Assistance Act SAPS South African Police Service SADC Southern African Development Community SBU Ukrainian Security Service (sluzhba bezpeky Ukrayiny) SICIRI Supreme Council of Islamic Revolution In Iraq SSR Security Sector Reform UFNSSS Ukrainian Federation of Non-State Security Services UN United Nations UNHCR United Nations High Commissioner for Refugees UNICRI United Nations Interregional Crime and Justice Research Institute UNITA União Nacional para a Independência Total de Angola UNITAF Unified Task Force WFP World Food Programme WMD Weapons of Mass Destruction PART I INTRODUCTION Chapter 1 Approaching the Privatisation of Security from a Security Governance Perspective Alan Bryden Introduction This volume considers the phenomenon of security privatisation from the perspective of both the top-down decision to outsource military- and secu- rity-related tasks to private firms, and the bottom-up activities of armed non- state actors such as rebel opposition groups, insurgents, militias and warlord factions that challenge the state’s authority. Both ‘bottom-up’ locally- generated armed actors and ‘top-down’ private security and military compa- nies (PSCs/PMCs), have significant implications for effective and democ- ratically accountable security sector governance as both concern the dimin- ished state monopoly of the use of legitimate