Challenges and Developements of Private Security Governance An International Perspective and its relevance for the region Nelleke van Amstel DCAF 14 November 2017 Pretoria Developed in 2010 by companies, CSOs and governments, after a call for clarification of rules that should be applicable to PSCs Not legally binding, but volutary. Consists of human rights (no torture, rules on use of force, etc.) and good management practices (vetting, reporting, policy implementation through hierarchy, etc.) Applies in complex environments when governement rule of law is absent or weak; however the provisions are useful for any situation and relate to all operations of PSCs Foresees the setting up of a governance and oversight mechanism, which took shape in the Association:

Content: Global challenges of the PSC industry International initiatives Montreux Document ICoC and ICoCA Related developments (VP, UNGP, UNWG) Regional developments National relevance of international developments? Role of CSOs in these initiatives?

Global challenges of the PSC industry Local contexts are specific, but a global trend Recurring challenges: Lack of information Lack of effective oversight and accountability Close relations with public institutions Public Procurement Recurring thematics

International Initiatives (1) Montreux Document: Regulates States relations with PMSCs Restates existing international law, Good practices to legislate Finalised in 2008, currently 54 participating States and 3 international organisations Regional relevance

International Initiatives (2) International Code of Conduct (ICoC) Multi-stakeholder developed Code of Conduct for private security companies Basic human rights provisions and good management practices Complementary to, or inserted into, national legislations Developed in 2010 by companies, CSOs and governments, after a call for clarification of rules that should be applicable to PSCs Not legally binding, but volutary. Consists of human rights (no torture, rules on use of force, etc.) and good management practices (vetting, reporting, policy implementation through hierarchy, etc.) Applies in complex environments when governement rule of law is absent or weak; however the provisions are useful for any situation and relate to all operations of PSCs Foresees the setting up of a governance and oversight mechanism, which took shape in the Association:

International Initiatives (3) ICoC Association Membership and governance of states, PSCs and civil society Core functions to: Certify to compliance with the ICoC Monitor & receive reporting Complaints Mechanism Set up in 2013, in Geneva, as a non-profit Association responsible for the implementation of the ICoC Memebrs of 3 pillars, all having equal voting power in General Assembly and equal representation within the Board of Directors. The Secretariat in Geneva executes its three core functions: Certifies companies by compliance with the ICoC Takes reporting and monitors the actual operations Has a complaints mechanism that receive complaints of non-compliance of companies and ensures those complaints are treated within the right forum, beit the company grievance mechanism, national judiciary or other.

International Initiatives (4) Related: Voluntary Principles: Aimed at the extractive industry Discusses security arrnagements incl PSCs UN Treaty? Draft treaty 2010 Enduring discussion UN Guiding Principles on Business & Human Rights

Regional developments African Union SSR strategy: need for private security regulation ECOWAS Regional Policy Framework for Security Sector Reform and Governance (SSR/G)

National relevance of international developments Good practices for national regulatory and legislative structure and direct content Procurement policies and contracting requirements, both public or private Voluntary good practices of industry (notably via industry associations as leaders)

Role of CSOs in these initiatives? Member in multi-stakeholder initiatvies Use of the international leverage to lobby with government and industry Information and support facilitated

Thank you for your attention Questions? More information: www.ppps.dcaf.ch n.vanamstel@dcaf.ch Though membership is volutary, there are increasingly binding incentives for companies to join. Reputational / commercial incentive of being able to sell your company as a responsible security provider National laws inlcude membership of ICoCA for companies who want an operating licence Public procurement policies and contracting criteria of private cleints increasingly include compliance with ICoC or membership of ICoCA as a decisive factor; hence a PSC who wants the contract needs to comply (commercial incentive) PSC operating professionally realise that the good practices prevent problems within the company and conflicts with surroundings, which in the end is good for business