CONFERENCE/MEETING: Use of Private Military and Security Companies by the United Nations

As WILPF's March 2013 Call for Accountability of Private Military and Security Companies (PMSCs) highlighted, the increasing use of PMSCs raise critical challenges to women's human rights and the women peace and security agenda, including through a lack of accountability for perpetuation of gender based violence. On 31 July 2013 the UN Working Group on the Use of Mercenaries addressed some of these human rights issues - though with very little gender or women's human rights attention - in a panel on the “Use of Private Military and Security Companies (PMSCs) by the United Nations.” The panel aimed to foster public awareness of the nature and extent of the UN's use of PMSC, PSCs and to discuss the UN policies and practices with a view to identifying strategies to address any gaps and challenges. Panelists included Stuart Groves (Office of the UN High Commissioner for Human Rights), Rick Cottam (UN Staff Union, International Criminal Tribunal for the former Yugoslavia), Lou Pingeot (Global Policy Forum), Mirko Sossai (University of Rome), Ase Gilje Ostensen (University of Bergen), and Sabelo Gumedze (Private Security Industry Regulatory Authority).

The event created the opportunity to address key challenges to human rights that the UN's increasing use of private military and security companies (PMSCs or PSCs) raises. In terms of women, peace and security, key challenges include limited gender mainstreaming by PMSCs into peace support operations and post-conflict reconstruction, gender based violence and other human rights violations by operators, and a masculinized culture of impunity with limited women's participation. Addressing these challenges effectively requires integration of the Women, Peace and Security agenda with PSMC policies and practices from contractual obligations, policies and codes of conduct, to vetting, gender training, recruitment, retention, and advancement of female personnel, and industry self-regulation and internal company codes of conduct. Unfortunately, while this panel addressed issues of human rights, it was, as a whole, gender-blind.

Panellists and Member States' delegates agreed that the world became dangerous for the UN peacekeepers and other staff members, as they continuously face numerous targeted attacks. The loss of respect and legitimacy of the UN in the eyes of host nations only exacerbates the security situation in high-risk conflict areas. It now seems a given that the UN will most likely be increasing the use of private security providers, as the latter provide range of services from armed security for the UN convoy, armed training, support for humanitarian activities to logistical support. It became a matter of time management, financial, human resources, and other capacities that the UN clearly lacks at this point. However, it is important to recognize that employing PMSCs puts UN reputation at risk, as major incidents, like shooting on civilians, by the PMSCs around UN convoys sheds a bad light on the UN's already weakened image.

The panel event focused on the Department of Security and Safety (DSS) guidelines, and the gaps, which exist within the system. The International Code of Conduct for PMSCs is a voluntary multi-stakeholder initiative designed to improve oversight and accountability mechanisms for private security providers. However, it is not yet operational, which makes screening difficult. Other challenges include self-reporting by companies, screening of individuals rather than PMSC board members or companies for human rights records, and inadequate tracking of PMSCs through frequent name changes. Because of these and other issues, although PMSCs should be held accountable to international law and human rights, companies are often not subjected to it.

A delegate from Switzerland, therefore, suggested establishing a proper oversight and accountability mechanisms over private security providers, by making International Code of Conduct a hard law. That is, clients of PMSCs, member states or international organizations, must establish a national law to regulate PMSCs, or include it in a contract, therefore making it mandatory and obligatory (hard law).

Participants recognized that despite the challenges there has been progress within DSS guidelines in terms of the UN chain of accountability, since the use of PMSC must be approved by the under Secretary-General. Guidelines also allow for a better transparency and visibility system, as the UN entity that hires a private security provider, must notify each UN office about the decision. However, numerous challenges make it difficult to oversee PMSC's conduct, and since most often PMSCs are not held accountable to international law, their harshest punishment is a loss of contract. Acknowledging that UN considers itself a model for Member States and other International Organizations, participants stated that the current state of standards sends a wrong message both to the industry, CSOs, and Member States, and needs to be addressed.

WILPF recognizes the importance of panels like this in bringing attention to the human rights obligations of all actors involved in international security, including PMSCs, and reiterates that there can be no peace and security without women. As discussions of strengthening PMSC accountability progress, it will be critical to integrate issues of women, peace and security into these conversations and action to promote peace, security, and human rights for all.

To watch the webcast of the event, please click here.