1. 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:

2. 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?

3. 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

4. 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

5. 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:

6. 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.

7. 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

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

9. 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)

10. 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

11. Thank you for your attention
Questions?
More information:
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