The Foreign Office raised the prospect of an accommodation with the British Associationof Private Security Companies over regulation of military contractors abroad.
Consultation runs until July 17. The FO has ruled out a ‘national licensing regime’. The consultation document admits that licensing is unenforceable: ‘self-regulation through the industry association … with international cooperation to raise standards was more likely to achieve the desired outcome’. <br><br>As background: disquiet over military contractors effectively working above any law in Iraq has led governments to wish to do something. The issue has been kicking around for years: a Green Paper of 2002 formed the basis of a six-month consultation. But as the US is the main player internationally, nothing is possible without the United States, as the 16-page consultation hinted: "We need to make sure any system of regulation we propose is based on international cooperation to improve standards of the industry in the UK, and more widely. This is a global issue; it requires a global response." So the document speaks vaguely of ‘standards’ – the UK government using its ‘status as a key buyer to contract only those companies that demonstrate that they operate to high standards’. <br><br>The Secretary of State for Foreign and Commonwealth Affairs (David Miliband) said on April 24: <br>The Foreign & Commonwealth Office is today launching a Public Consultation on our proposed policy to promote high standards of the Private Military and Security Company industry internationally. The aims of the policy are to promote high standards of conduct by PMSCs internationally, and to reduce the risk that the activities of PMSCs might give rise to human rights or humanitarian law concerns, assist internal repression, or provoke or prolong internal or regional tension.<br><br>We will be consulting on our preferred option, which consists of a three part package of:<br><br>Working with the UK industry to promote high standards through a code of conduct agreed with and monitored by the Government;<br>Using our status as a buyer to contract only those companies that demonstrate that they operate to high standards; and<br>An international approach to promote higher global standards, based on key elements of the UK approach.<br>We will work with the relevant UK trade association to devise a code of conduct to which all its members would adhere. The association would implement the code. We believe that security companies will find it in their commercial interests to adhere to the code, which will be agreed with and monitored by the Government. We will be asking that all companies bidding for Government contracts must undertake to follow regulatory, humanitarian and ethical standards consistent with the trade association’s code of conduct, or can show adherence to other equivalent standards. PMSCs operate in a global environment and international co-operation is necessary to promote high standards. To this end, we will:<br><br>Build on the initiative by the Swiss government and the International Committee of the Red Cross to create internationally agreed industry standards within two years; and<br>Build a convention of states and key buyers that will be able to insist that PMSCs wishing to bid for future contracts will be required to adhere to the internationally agreed standards. This will set a benchmark for private security procurement and practice, and help drive up standards globally.<br><br>The BAPSC said it welcomed this: <br><br>The BAPSC was founded in 2006 and works to promote the interests, and regulate the activities of, UK based private security firms that provide armed defensive security services overseas.<br><br>The BAPSC aims to raise and maintain the standards of operation for the industry. The BAPSC’s members provide armed defensive security services and operate to strict Codes of Conduct and Rules of Engagement. They comply fully with the rules and principles of International Humanitarian Law and Human Rights Law. The BAPSC has been fundamental in raising and maintaining standards in a complex and fast moving industry.
