Source · Select Committees · Foreign Affairs Committee
Recommendation 35
35
Accepted
Paragraph: 86
Voluntary model of Private Military Company regulation remains ineffective and detrimental.
Conclusion
The Government continues to rely on a largely voluntary model of PMC regulation. Our predecessor committee conducted a detailed report into the subject of PMCs in 2002. Even then, the risks of a voluntary model were clear, in that it does little to prevent the “activities of disreputable companies” that are “detrimental to the United Kingdom’s interests”. The current approach also does little to protect the UK’s domestic PMCs, which may be tarred with the same brush as malign actors. We do not want our successor committee to have to raise these issues again in 20 years’ time.
Government Response Summary
The government defends its voluntary model of PMC regulation by citing its leading role in developing and implementing international initiatives like the Montreux Document and the Voluntary Principles on Security & Human Rights, providing examples of their effectiveness and the UK's global promotion efforts.
Paragraph Reference:
86
Government Response
Accepted
HM Government
Accepted
The Government should provide the evidence base that leads it to believe in the effectiveness of its mostly voluntary model of PMC regulation. The UK supports using a mix of existing legal and regulatory measures and voluntary global initiatives to raise standards in the PMSC industry. The UK has played a leading role in developing and implementing voluntary global initiatives to regulate PMSCs, such as the Montreux Document which sets out international legal obligations and good practices for states with regards to PMSCs. 58 States and three international organisations currently support the Document. The International Committee of the Red Cross have said the Document reaffirms international law, encourages adoption of national regulations on PMSCs and advises on how to do this, and through this “enhances the protection afforded to people affected by armed conflicts but also by post-conflict and by other comparable situations”.1 The UK had a key role in drafting the International Code of Conduct for Private Security Service Providers (the Code) and supported the launch of the International Code of Conduct Association (ICoCA) to monitor compliance with the Code. Over 600 companies are signed up and ICoCA has over 100 members. The Code is not binding and companies sign up voluntarily. Those signing up agree to follow its principles, including codes of conduct for personnel on areas such as the use of force and vetting personnel and training. The Code and ICoCA promote the highest standards in the PMSC sector. The voluntary route helps provide the constructive and collaborative relationships necessary to raise standards quickly in a rapidly growing PMSC industry. UK funding during 2021–23 has enabled ICoCA to build the capacity of PMSCs, private providers and their clients in line with the Code, such as through the Prevention of Sexual, Exploitation and Abuse training course completed by 1,800 people from 52 companies in Africa, Europe and the Middle East. This built attendees’ capacity to deal with sexual violence and prevent abuses from occurring in their in-country operations. ICoCA has engaged with private security regulatory authorities advocating for increased oversight and accountability in the private security sector in Ghana, Kenya, Nigeria, Tanzania, Mozambique and in the Democratic Republic of the Congo, including participation in drafting a new law. The Voluntary Principles (VPs) on Security & Human Rights have also proven effective. These are a set of principles guiding companies on providing security for their operations while respecting human rights. The UK devised the VPs with other governments and is a member of the Voluntary Principles Initiative, which promotes the VPs’ implementation. Although voluntary, there are in-country Working Groups working with companies, NGOs and states to implement the VPs in Peru, Ghana, Nigeria and Brazil. The UK has worked to implement and promote the principles globally, such as by funding training for 200 troops in the Mozambique Defence Armed Forces in 2022 on compliance with human rights norms. Through project funding, the UK also supports working groups in the DRC and Mozambique to address complex in-country security and human rights challenges.