the privatization of security and peacebuilding : a framework for action Damian Lilly International Alert is an independent non-governmental organization which analyses the causes of conflict within countries, enables mediation and dialogue to take place, sets standards of conduct that avoid violence, helps to develop the skills necessary to resolve conflict non-violently, and advocates policy changes to promote sustainable peace. The International Alert Policy and Advocacy department has three programmes on security and peacebuilding: light weapons, the privatization of security, and security sector reform. Each promotes the development and implementation of policies and works to enhance the capacity of governments, non-governmental organizations, and civil society to address the causes of insecurity in regions of conflict. G The Light Weapons programme, established in 1994, focuses on identifying ways to control the proliferation and misuse of conventional arms, especially light weapons. G The Privatization of Security programme, established in 1998, focuses on the development and promotion of policies and practices which will ensure that the activities of private security and military companies have a positive impact on preventing conflicts and building sustainable peace. G The Security Sector Reform programme focuses on the development and promotion of policies and practices which contribute to the effective implementation of security sector reform programmes. © International Alert, September 2000 Designed @ www.thepowerstation.com Contents Executive Summary . 3 I Introduction . 5 II Globalization, a new security paradigm, . 6 and the privatization of security III A typology of private security groups . 8 3.1 Mercenaries . 8 3.2 Private military companies . 10 3.3 Private security companies . 10 IV Distinguishing private security groups . 12 4.1 Mercenary/volunteer forces . 12 4.2 Mercenaries/private military companies . 12 4.3 Private military companies/private security companies . 14 4.4 The limitations of categorization . 14 V Users of private security groups . 15 5.1 Non-state armed actors . 15 5.2 Governments in conflict regions . 16 5.3 Governments in supplier countries . 16 5.4 Multilateral peacekeeping organizations . 17 5.5 Humanitarian agencies . 18 5.6 Corporations in the extractive industry . 19 VI Critical issues emerging from the use of private security groups . 21 6.1 Conflict management . 21 6.2 The legitimate use of force . 22 6.3 Governance of the security sector . 22 6.4 Human rights . 23 6.5 Accountability . 24 6.6 Arms and training . 25 VII The implications of limited responses . 26 7.1 International measures . 26 7.1.1International Convention Against the Recruitment, Use, . 26 Financing, and Training of Mercenaries 7.2 Regional measures . 27 7.2.1The OAU Convention for the Elimination . 27 of Mercenaries in Africa 7.2.2Other regional measures . 27 7.3 National legislation . 28 7.3.1South Africa . 28 7.3.2United States . 29 7.4 Local measures . 30 7.4.1Codes of conduct by users of private security companies . 30 7.4.2Self-regulation by private security and military companies . 30 VIII Conclusions and recommendations: . 31 towards a comprehensive framework of action I The restrained and responsible use of private security groups . 31 II A comprehensive regulatory framework . 32 1 Acknowledgements Executive summary This report has been written by Damian Lilly, Programme Manager of the Privatization The 1990s witnessed the emergence of private security and military companies as key actors of Security and Peacebuilding advocacy programme at International Alert. The author in a number of conflicts. Companies such as Executive Outcomes, Sandline International, and International Alert would like to thank the following people who have given their time Military Professional Resources Inc., and Defence Systems Ltd have all hit the headlines generously to comment on earlier drafts of this report: Doug Brooks (South African Institute for the role they have played in a variety of wars. As this paper shows – section II – these of International Affairs), Dr Abdel Fatau-Musah (Centre for Democracy and Development), companies are very much the product of globalization and a series of post-cold war factors Eugenia Piza-Lopez (International Alert), Sarah Meek (International Alert), Kevin O’Brien that have led to a ‘new security paradigm’ and fertile ground for private interventions (International Centre for Security Analysis), Geraldine O’Callaghan (British American Security in conflicts. The consequences for peace and security of this trend towards the privatization Information Council) and David Shearer (International Institute for Strategic Studies). of security are, however, unclear. The activities of these companies have led to a contentious debate amongst experts and commentators about whether they are a menace and a hindrance to peace or whether they could be a force for good, as they appear to have achieved what others, notably the UN, have failed to. As an international non-governmental organization committed to the just and peaceful Abbreviations transformation of violent conflict, International Alert has been concerned over recent years about the proliferation of these war entrepreneurs and the privatization of the functions of war itself. It has witnessed their activities in the parts of the world where it works and ANC African National Congress has been developing a programme to address the policy implications of the phenomenon. COFRAS Compagnie Française d’Assistance Spécialisée Whilst recognizing that the privatization of security may be a reality in certain situations, DSL Defence Systems Ltd International Alert believes that the international community needs to mount a concerted EU European Union policy response to this growing problem if it is to enhance prospects for preventing conflicts GSG Gurkha Security Guards Ltd and building sustainable peace. The debate that has ensued about the potential benefits and IDAS International Defence and Security, Ltd dangers of the privatization of security has not been matched by a commensurate response ITAR International Traffic in Arms Regulations by international policymakers to this multifaceted and complex problem. The aim of this KLA Kosovo Liberation Army report is to fill this gap by providing an overview of the issue from a policy perspective MPLA Movimento Popular de Libertação de Angola and proposing a framework within which it can begin to be addressed by policymakers. (Popular Movement for the Liberation of Angola) The paper addresses – section III – a discrete set of actors associated.