US STATE DEPARTMENT MAKING ICoCA CERTIFICATION MANDATORY FOR SECURITY PROVIDERS

Background

The Worldwide Protective Services (WPS) programme comes under the US Department of State’s (DOS) Bureau of Diplomatic Security and is responsible for contracting armed bodyguards and security personnel to safeguard American diplomatic personnel globally. This includes a blend of personal protection (bodyguards), static guarding (facilities and checkpoints) and team-based emergency response security services.    

The rationale behind the use of private security companies by the US State Department in its missions abroad can be traced back to the bombing of the US Embassy in Beirut in 1983. This led to the passing of the Diplomatic Security and Anti-terrorism Act of 1986, under which private companies could compete for security contracts for US missions overseas. The first contracted private security by the US State Department was in 1994, during the period of unrest in Haiti. The first iteration of the Worldwide Personal Protective Service (WPPS) contract was in 2000 when DynCorp was contracted to provide services in former Yugoslavia. 

The war in Iraq witnessed an increase in the use of PMSCs by the US to handle what was once military tasks. What soon became apparent was the legal vacuum in holding these operators accountable for their criminal violations. As a result of cases of crimes committed by private security contractors (see Nisour square massacre in Baghdad and the DynCorp Bosnia case), attempts were made by Congress to ensure accountability for their actions.  

One change that came about was the establishment of the Security Protective Specialist (SPS) programme by the Diplomatic Security. This meant directly hiring experienced protection personnel responsible for contractors who conducted high threat protection assignments on the WPPS program. Thus, the contemporary WPS contract has some very stringent provisions. These include, Diplomatic Security Special Agents supervising the security contractors and ensuring that their training aligns with the specified standards and that it is conducted by trainers approved by the agents. Contractors must undergo 164 hours of instruction and training approved by the Diplomatic Security prior to deployment. Deployment is limited only to those contractors who have successfully completed the training and met the required qualifications. 

Good Practice

In 2013, the US State Department stated that the Bureau of Diplomatic Security (DS) would incorporate ICoCA membership as a requirement for the bidding process for the successor contract to the WPS programme provided that the ICoC process moves forward and attracts significant industry participation.   

Since 2013, contractors to the WPS are required to provide a letter from ICoCA indicating that the applicant is a member or transitional member in good standing and has not been either suspended or terminated from the ICoCA. A tender placed in 2020 by the DOS for the WPS III contract (PSCs contracted for the third time under WPS programme between December 2021-2031) includes that if the bidding entity is acting as the prime contractor in a contractor team arrangement, then the letter should verify that all team members are active members of ICoCA, in good standing and compliant with the requirements of the American National Standards Institute , PSC-1-2012. If subcontractors are going to be engaged to deliver any security services under the contract, they too must be members in good standing of ICoCA. Furthermore, in 2014, during ICoCA’s General Assembly, the US Department of Defence informed it will recognise ICoCA membership as an indicator that companies comply with the Code during its procurement decisions.  

Corporate Ethics

Prior to the 2013 ICoCA certification or affiliation requirement put in place by the US State Department, 2010-2017 WPS awardees included Triple Canopy Inc, Torres International, SOC LLC, International Development Solutions, Global Integrated Security, Acuity-Janus, Dyncorp International and Gardaworld Federal Services. Pursuant to not being ICoCA certified Members or Affiliates, Torres International, International Development Solutions, Global Integrated Security and Dyncorp International were not awarded renewed contracts. 

For the 2016-2021 WPS II period, contractors included Aegis Defence Services LLC, Chenega Patriot Group LLC, Sallyport Global Holdings Inc., Triple Canopy Inc., SOC LLC, Gardaworld Federal Services LLC and Acuity-Janus Global LLC. Both Gardaworld, Aegis Defence Services LLC, SOC LLC, and Triple Canopy have been ICoCA members for more than five years and the certification was underway in 2017/18.  

Acuity and Sallyport Global Holdings, however, have been ICoCA certified Members since 2022. Acuity halted its commercial services, selling off the profitable ones to Janus Global Operations Somalia which has been an ICoCA member since 2023 and includes more broadly Janus Global. Chenega Patriot Group LLC, although previously a member, is now no longer providing security services. Again, for WPS III, the same companies were contracted for the period starting from December 2021-2031. The listed PSCs were not ICoCA members when they were contracted under WPS II and beginning of III. Nevertheless, it is likely that the companies joined ICoCA to fulfil their contractual obligations. Thus, requiring ICoCA certification as part of State contracts encourages PSCs to become Certified members of Affiliate members of ICoCA.  

The International Code of Conduct

Member and Affiliate companies of the International Code of Conduct Association (ICoCA) commit to the responsible provision of Security Services to support the rule of law, respect the human rights of all persons, and protect the interests of their clients.  

By joining ICoCA, the Member and Affiliate Companies affirm that they have a responsibility to respect the human rights of, and fulfil humanitarian responsibilities towards, all those affected by their business activities, including personnel, clients, suppliers, shareholders, and the population of the area in which services are provided. Furthermore, clients could also require that their security providers are ICoCA certified.  

 

Association of Member Companies 

Disclaimer 

The case map intends to promote conversations on the responsible provision of private security services, by providing a selection that shows on the one hand cases of abuses by private security companies, and on the other, cases of good practice. The case map exists to inform and provide a representation of selected incidents as well as good practices in the field of private security.  

The descriptions of the cases reproduced here are not intended to represent opinions or advertisements of the ICoCA or the authors. In cases where the practices of private security providers are presented as responsible, this should not be interpreted as legitimising any potential human rights violations that may have occurred. Similarly, the inclusion of certain cases does not imply that the ICoCA or authors endorse the conduct of any private security companies that have engaged in human rights abuses or violations. 

Sources

 

 

This case was prepared by Anyssa Boyer, Graduate Institute of International and Development Studies. 

MAJOR BRAND COMMITS TO RESPECT LABOUR RIGHTS OF SECURITY GUARDS

Background

It is well-documented that third-country nationals (TCNs) are frequently subjected to illegal recruitment practices, including deceptive hiring, trafficking and forced labour. In the private security sector, contractors often use local recruitment agents that target vulnerable and poor workers. Agents charge prospective third-country nationals ‘workers recruiting fees,’ leading to increased risk of debt. Moreover, agents often withhold information on the location and conditions of employment. These practices are hallmarks of forced labour. Hence, it is important for companies to properly acknowledge such illegal recruitment practices and ensure they comply with their corporate responsibilities and human rights obligations set forth by the Guiding Principles for Business and Human Rights.   

Since 2022, IKEA updated its Inter IKEA Group policy on human rights, which materialised after an Inter IKEA Group-wide human rights baseline assessment which was subsequently cleared by the Management Board. The policy underscores IKEA’s commitment to respecting international human rights standards in its areas of operation. It emphasises embedding human rights considerations throughout the company’s activities and decisions. This involves proactively identifying potential human rights impacts, addressing any negative impacts and maintaining transparency and accountability.  

Good Practice

In Malaysia, IKEA stores severed ties with a private security provider after an investigation allegedly revealed a breach of IKEA’s own labour policies. The investigation allegedly disclosed that “many” security guards in IKEA’s Malaysian stores had paid recruitment fees to secure their positions. It was reported that these mostly Nepali workers paid fees as high as $1,000, and “multiple layers of sub agents [were] involved in the process in rural villages…” Subsequently, Ikano, the company that runs IKEA stores in Malaysia, secured a new supplier that recruited workers directly, instead of using subcontractors. Ikano also stated that it would conduct follow-up audits. Finally, Ikano explained that the incident had been reported to local authorities and the Nepalese embassy.  

Inter IKEA Group has acknowledged the various human rights risks when it comes to recruiting migrant workers, including high recruitment fees that migrant workers frequently pay. In response to this risk, IKEA completed projects to map their labour supply chains and highlight the risks associated with migrant worker recruitment.  

As a result of the risks associated with migrant worker recruitment, IKEA developed Guidelines on Responsible Recruitment, which aim to build the “understanding and ability of suppliers to responsibly manage the recruitment of migrant workers.” IKEA has since emphasised that they aim to improve and strengthen their dialogue with their suppliers while addressing key topics including working hours, fundamental labour rights and responsible recruitment of migrant workers to respect their human rights due diligence commitments.  

Corporate Ethics

IKEA developed Guidelines on Responsible Recruitment, which aim to build the “understanding and ability of suppliers to responsibly manage the recruitment of migrant workers.” IKEA is committed to eliminate worker-paid recruitment fees as shown by their stark decision in Malaysia to terminate their relationship with the private security contractor. The Swedish Company is co-founder of the Leadership Group for Responsible Recruitment chaired by the Institute for Human Rights and Business. This group works to eradicate worker-paid recruitment fees by following the “Employer Pays” principle aligned with the UN Sustainable Development Goal of decent work for all. IKEA expressly stated that they “strongly believe that migrant workers should be treated with respect” and they have therefore “committed to advocate for this goal more widely, with governments, businesses and other relevant organizations, and continue to look for ways to assist and support migrant workers.”  

Additionally, IKEA developed an introductory course on human rights and due diligence for all Inter IKEA Group co-workers during the 2022 Fiscal Year. More training programmes were created in collaboration with the International Organization for Migration for IKEA employees and business partners in Thailand, Vietnam, Malaysia, Philippines, Singapore and Australia. The programmes cover international standards, national laws, methods for taking action against unfair treatment and labour exploitation.

The International Code of Conduct

The International Code of Conduct prohibits Member and Affiliate companies from engaging in the trafficking of persons and requires their personnel to report any instances of trafficking to competent authorities. The International Code of Conduct defines human trafficking, in this context, as the recruitment, harbouring, transportation, provision, or obtaining of a person for labour or services through the use of force, fraud, or coercion for the purposes of subjection to involuntary servitude, debt bondage, or slavery.  

Furthermore, the International Code of Conduct prohibits Member and Affiliate Companies from using slavery, forced or compulsory labour, or to be complicit in any other entity´s use of such labour. 

Member and Affiliate companies of the International Code of Conduct Association (ICoCA) commit to the responsible provision of Security Services to support the rule of law, respect the human rights of all persons, and protect the interests of their clients.  

By joining ICoCA, the Member and Affiliate Companies affirm that they have a responsibility to respect the human rights of, and fulfil humanitarian responsibilities towards, all those affected by their business activities, including personnel, clients, suppliers, shareholders, and the population of the area in which services are provided. Furthermore, clients could also require that their security providers are ICoCA certified.  

Disclaimer 

The case map intends to promote conversations on the responsible provision of private security services, by providing a selection that shows on the one hand cases of abuses by private security companies, and on the other, cases of good practice. The case map exists to inform and provide a representation of selected incidents as well as good practices in the field of private security.  

The descriptions of the cases reproduced here are not intended to represent opinions or advertisements of the ICoCA or the authors. In cases where the practices of private security providers are presented as responsible, this should not be interpreted as legitimising any potential human rights violations that may have occurred. Similarly, the inclusion of certain cases does not imply that the ICoCA or authors endorse the conduct of any private security companies that have engaged in human rights abuses or violations. 

Sources

 

 

This case was prepared by Anyssa Boyer, Graduate Institute of International and Development Studies. 

GEITA GOLD MINE

Background

GGM Concession – With kind permission AngloGold Ashanti
Geita in Tanzania – With kind permission AngloGold Ashanti

The Geita Gold Mine (GGM) is situated in the Lake Victoria goldfields of Tanzania, about 120km from Mwanza City and 4km west of the township of Geita. The Geita population is approximately 1.7 million people with varying economic activities including small scale and artisanal mining works, animal husbandry and subsistence farming. GGM is one of the most significant gold mining operations in East Africa. The concession is 196.27 km2, including dense forest and hills. It has been in operation as a large-scale mine since 2000 but mining has taken place in the area since the 1930s. In 1999, Ashanti Goldfields Company Limited acquired the mine, and in 2004, the South African-based AngloGold Limited took over Ashanti, creating AngloGold Ashanti (AGA), which subsequently assumed control of GGM. The mine has since become a crucial player in Tanzania’s mining sector, contributing significantly to the country’s gold production. The mine employs around 6,800 people, including contractors, which includes the private security contingent. About 90% of those employed by the mine are from the local community.

GGM is an open-pit and underground mining operation, extracting gold from a range of ore bodies. The mine has consistently demonstrated impressive production levels, making it a vital economic asset for Tanzania.

Security at GGM is of paramount importance due to the high value of the precious metal being extracted. The concession covers a huge area, with villages inside and on the periphery. Approximately 75% of the mine lease falls within the Geita forest reserve which is typically dominated by Miombo woodland. There is no physical barrier at the mine’s boundary.

Relations with the local community have not always been easy. Security pre-2014 was conducted in a typical, traditional arrangement relying heavily on the police and on the use of force or threat thereof for both deterrence and enforcement. Incursions were frequent and serious incidents reportedly commonplace.

Since 2014, the mine has implemented an innovative, comprehensive and integrated security arrangement to safeguard its personnel, assets, and the extracted gold in the form of a much-needed revised strategy called the “Five Point Plan – Community Enhanced Security”, which in summary is based on: 

  1. Removing people from risk and risk from people, to reduce the potential for conflict. 
  2. Defining the role of communities in complementing security initiatives.
  3. Defining the role of private and public security in supporting the community enhanced security approach.
  4. Use of trained, skilled and equipped rapid reaction teams to improve response and handling of incidents.
  5. Technology versus manpower optimisation – increased use of appropriate technologies to reduce risk and improve efficiencies.

These arrangements include a combination of virtual perimeter protection, physical security measures, advanced surveillance systems, well-trained contracted private and internal security personnel and the police. In addition, since 2017, community members have been recruited from both within the concession and surrounding area who are employed in “community policing” roles. Restricted access zones are established to control entry to critical areas, and modern surveillance technologies, such as thermal CCTV cameras and sensors, are strategically deployed throughout the site and at the perimeter to monitor activities in real-time from within a centralized Security control centre, enabling a coordinated response against detected threats.

To ensure the safety of the workforce, the Geita Gold Mine has implemented stringent safety protocols and emergency response plans. Regular simulations and training sessions are conducted to prepare personnel for various scenarios, including accidents and potential security threats.

In addition to its economic contributions, the Geita Gold Mine has also played a role in community development initiatives. The mine invests in education, healthcare, and infrastructure projects in the surrounding communities, contributing to the overall well-being of the region. Along with the integrated security arrangements, these development initiatives have contributed to improving community relations.

With a robust and innovative security apparatus in place that includes both a community policing arrangement and responsible private security provision at its heart, the mine not only ensures the protection of its valuable resources but also fosters a safe and thriving environment for its workforce and neighbouring communities.

 

The Security Environment: From Conflict To Community Involvement

Safety issues at rock pile (with kind permission AngloGold Ashanti)
Crowds picking from discarded rock pile (with kind permission AngloGold Ashanti)

Security at GGM had major challenges in the past, with high rates of incursions and incidents, pit invasions, theft and collusion. As a result there were increases in injuries to security staff and third party injuries and fatalities. The general breakdown in community relations  also led to disruptions for the business operations. These issues continued apace between 2010 and 2015, with incursions peaking at 15,000 on one particular week in 2015.

Artisanal and community mining occurs in the surrounding area. The population of Geita has grown significantly over the last twenty years, with hundreds of thousands of people attracted to the area by the lure of gold. There are 2 community mining areas within the concession, which are active. Rather than attempting to shut these areas down, AGA co-exists with these communities. The concession is also a protected forest land. Animal husbandry and herding are prevalent in the area. This can also be a source of conflict as herders illegally pass through the concession and through the protected forest area.

Pre-2014, use of force or threat thereof was used as the primary tool to combat incursions at the site. It became clear, however, that this was not an effective strategy and instead was exacerbating an already challenging relationship with the surrounding community.

As illustrated in the graph below, there has been significant reduction in incursions onto the concession over the last decade as a result of the “Five Point Plan –  Community Enhanced Security” implementation.

Intrusions at Geita Gold Mine 2014-2023, with kind permission Anglo-Gold Ashanti

As a Member of the Voluntary Principles on Security and Human Rights Initiative (VPSHR) AGA reports security incidents on an annual basis. Data for 2021 and 2022 for its African based mines, including Geita are below.

Fatalities and injuries, related to interventions by security personnel, at AngloGold Ashanti operations in 2022 and 2021 – VPSHR plenary report

Seven Secrets of Success

Many factors have contributed to a more harmonious relationship between the mine and the surrounding community. The innovative security arrangement has undoubtedly been key, combined with equitable community development programmes. Seven factors, outlined in more detail below, have been critical. The first five are the components that make up the integrated security arrangement at the site. The last two relate to the broader corporate culture of AGA at GGM.

  1. In-house Security – Committed & Innovative Leadership
  2. Private Security – Contracting a Responsible Provider
  3. Police – Voluntary Principles on Security & Human Rights
  4. Community Policing – Integral to Security & Community Relations
  5. Use of Technology – Security Without Borders
  6. CSR – Investment in the Community
  7. Corporate Culture – Values-Based Alignment

 

 

1. In-house Security – Committed & Innovative Leadership

AGA’s Global Head of Security has played an instrumental role in directing GGM’s security team. As part of the company’s Sustainability Leadership Team, working across sustainability functions has given him an appreciation for the important role deep community engagement can and should play in the organisation’s day-to-day operations. This is no doubt one of the reasons that the security team at GGM does not work in isolation but collaborates across functions to ensure the safety of all people (internal and external).

The GGM security team, nearly all Tanzanians and some local, have the local knowledge and hands on experience needed to pilot test and scale-up what some may consider to be an unorthodox, integrated security arrangement. The Senior Security Manager at the mine is a local hire from the Mara community but lived in Geita since school age and has come through the ranks in the company, having started out as a security guard. He is both very experienced and exceptionally capable.

He experienced first-hand the shortcomings of traditional security approaches where use of force and deterrence through use of force display were the primary tools used. Indeed, the first quick win at the site, according to him, was to cease the use of live ammunition by all security service providers on site (private and public) and enforce adherence to the use of force continuum. All security personnel working at the concession must undergo mandatory human rights and Voluntary Principles on Security and Human Rights (VPSHR) training. This requirement to embed human rights training in the security operation, made by AGA, has had significant positive impacts.

In 2016, GGM’s Senior Security Manager, under the guidance and direction of AGA’s Global Head of Security, pilot-tested a community policing model. Once its success was clear, the programme was scaled up across the site. The Senior Security Manager has fully embraced the community policing model, stating that the emphasis of the programme is not about combatting criminals, but rather to share the benefits of GGM more equitably within the community: “Everyone needs to benefit from the fruits of GGM”. The Security Manager has taken direction from the company’s top level, operationalised and tailored it to the local context.

Security at GGM is integrated into every decision, with the Senior Security Manager a trusted member of the site senior management team who is regularly consulted for advice on social and security issues and before any project is developed. Security is thus integrated into every project plan,  introduced and enforced as a “shared accountability” concept into day-to-day operational processes. This ensures that security does not become and afterthought.

Similarly, the head of the community policing unit at GGM is a member of the senior in-house security team. An ex-police officer, he has integrated himself within the communities where the project is operating, being both known and respected by them. He is involved throughout the recruitment and training process and sits on the project’s steering committee. Having made the transition from the public police force into GGM’s in-house security team, he is also known and respected by the police, who have ultimate responsibility and command over the programme.

In-house security comprises of 195 staff at full complement. Security provision is included both in the open-pits and underground. There is a special in-house division within the internal security department that provides specialised underground security. Shift coordinators are in charge of operations in the field.

In the video below, GGM’s Senior Security Manager shares insights on:

  • The history of security at GGM;
  • The company’s evolving approach to security at the site, including the development of a community policing programme as one critical element in an integrated approach;
  • The use technology for security.

Suleiman Machira, Senior Manager Security, GGML

Watch the full interview here

 

Recommendations

  • Enable senior security personnel to benefit from broader community relations experience within the organisation.
  • Promote experienced local talent into senior security positions. This helps ensure security arrangements are appropriately adapted to local contexts and builds trust with local communities.
  • Recruit capable candidates from the public police force assists in building bridges to public security forces.

 

 

2. Private Security: Contracting a Responsible Provider

GGM contracted SGA Security, an ICoCA Certified company in 2018. There are other sub-contracted private security companies operating around the site whose contracts are not directly with GGM. The main sub-contracted company is GardaWorld, another ICoCA Certified company, which provides security for the contractor drilling company.  SGA Security has 700 personnel at GGM when at full complement. Guards are split between non-armed and those with less-lethal weaponry (no live-ammunition).

 

SGA Security  – The View From The C-Suite

SGA Security took over the contract at GGM in 2018. SGA Security’s management knew that this would be a challenging contract given the problematic history of the mine. Intrusions have reduced by more than 80% since they took over the contract and SGA have been a key-contributor. One the secrets of success from the Managing Director’s perspective is that prior to their deployment, SGA staff are trained up on respect for human rights. Refresher training on these issues takes place on a daily basis (see video interview below with Edward Diswas). Stakeholder engagement between all four actors that make up the security arrangement (in-house security, private security, police, community policing) has also been a key factor accounting for success at the site. Private security, along with community police, make up the largest contingent. Their integration and partnership with GGM’s own in-house security team and the police results in a well-coordinated approach, with the private security provider.

Incident management and monitoring and evaluation of performance has been critical. SGA Security uses “penetration tests”, i.e. intentionally creating a situation without the  staff they are testing knowing they are being tested, in order to see how staff respond and react. By monitoring staff’s reaction under these controlled conditions, they are able to learn lessons that are shared with the member(s) of staff who was monitored along with the broader guard-force. To test minimum use of force, for example, they may send someone to aggravate guards to see how they react, and monitor and record their reaction. To test collusion, they may plant some product, (e.g. gold, or gold rocks) and test guards on access control to see if they confiscate the product or collude with the person who is smuggling it out. Controls like this are then used as learning scenarios for the rest of the guard-force.

Rapid response units are key in bringing in the police, when required. The use of force continuum applies to these different actors, with the police being the highest authority to use reasonable force.

SGA have developed their own training as there is no national standard training for private security. In terms of the human rights elements of this training, the company integrates much of the content from the online trainings provided by ICoCA and AGA into their own in-person trainings, and all of the company’s senior management enrol themselves and complete the courses directly.

In the video below, Eric Sambu, Managing Director of SGA Security, Tanzania, shares his insights on:

  • SGA Security, why the company joined ICoCA, the impact this has had for the company;
  • How the company approaches its commitment to international standards in private security practices;
  • How the company has approached the contract with AGA at GGM and the policies, processes and practices they have in place to institutionalise responsible security practices at the mine.

Eric Sambu, Managing Director, SGA Security

Watch the full interview here

 

In the video below, Joakim Sabana, Director of Operations of SGA Security, Tanzania, discusses:

  • SGA’s training on human rights impact on the community;
  • The different components of the security framework around the mine, including: in-house security, the police, SGA Security, community policing;
  • The selection and training process of community policing;
  • How SGA builds trust with the mine’s surrounding community.

Joakim Sabana, Director of Operations, SGA Security

Watch the full interview here

 

SGA Security – HR Challenges When Operating a Remote Site

SGA Security have developed a sophisticated HR function that is set-up and overseen from Dar es Salaam but managed locally from Geita. The company’s senior management take frequent trips to the mine site for regular meetings with the site manager and to hear complaints against the company.

  • Recruitment – Announcements are placed in the local media to raise awareness about the opportunities with people living in the area. Candidates are first and foremost recruited from the reserve force (national service – JKU). From this, they look at other minimum criteria such as their level of education and age. At GGM, they are required to recruit from the Geita community, the same community where the assignment will be. GGM have also requested that SGA Security prioritise recruitment from the growing pool of community police. This makes the community policing roles more attractive, given the further career opportunities these positions can potentially open. SGA Security involve all relevant stakeholders, for example the regional security team of the national reserve force are consulted to verify certificates of candidates.  There is a belief that human rights starts from the recruitment process: “It is the right to be given the opportunity of a decent livelihood”. Whoever is selected is on merit, whoever is left out it is because they did not have the required qualifications. A minimum quality standard is maintained by the regional HR team as well as by the HR manager who travels to the region to oversee the recruitment process. Regular check-ins are conducted by all members of the management team – pre-recruitment, during recruitment and post recruitment.
  • Vetting – Candidates are subject to background checks. This includes attaining references from previous employers, the regional security team of the reserve force, etc. There is also a forensic check conducted in cooperation with the Ministry of Home Affairs and the police, to ensure they have no criminal history or other red flags in their history.  Once internal and external processes are completed an offer is extended to the candidate.
  • Training – Along with the training that they have received through the JKU programme (either 9 months or 6 months training), guards then conduct a two-week training. As mentioned above, ICoCA’s human rights training has been incorporated into SGA Security’s training courses and training manuals. Ebenezer states that “ICoCA has been a great partner. The support we have received has completely shaped the management team and our operations. Today ask any guard, what are human rights, and I assure you you’ll be surprised by the answers you get”. (see interview below with Edward Diswas).
  • Career Progression – SGA Security has put in place career progression plans for security guards. For example, internal candidates are offered opportunities for more senior positions. The Security Manager at GGM is a good example of someone whose career has progressed within the company. He was a guard only five years ago when he joined the company. He was promoted into a managerial position after only a few years as a guard and is now in charge of approximately 600 staff.

Working at a remote site presents some unique challenges for guards which have been addressed by SGA Security as follows:

  • As the site is includes remote posts accessing the site is challenging – SGA Security organises and provides coordinated transportation to the site
  • Due to the remote locations of posts, food can be difficult to access – Meals are provided by SGA Security as personnel arrive at work.
  • Salary payments can sometimes be challenging due to glitches in online banking systems – SGA Security has worked with the banks to iron out problems with the salary payments system.
  • In most cases minimum wage is not enough to sustain guards – SGA Security pays its guards above minimum wage.

In the video below, Ebenezer Kaale, HR Manager at SGA Security, shares insights on how SGA Security approaches setting up a large security operation at a new remote location such as GGM.

Ebenezer Kaale, HR Manager, SGA Security

Watch the full interview here

 

SGA’s Role at GGM

In the video below Dickson Webi and one of the female security officers discuss SGA Security’s arrangement at GGM, covering:

  • The interaction between SGA Security, the community policing programme, GGM in-house security and the police;
  • SGA’s recruitment requirements, which include proof of completion of military training with JKT (9-month training) or Mgambo (6-month training), a high school education and a minimum age of 21;
  • Career progression;
  • Treatment and training of personnel.

Dickson Webi is an engineering graduate. Of the 700 SGA Security guards at GGM, 169 are university graduates. Working for SGA Security, a responsible private security provider who pays it’s staff a fair wage, a job with SGA Security also presents real career opportunities. As a private security guard at GGM, they are able to earn a better salary than many other professions. In five years with SGA, Dickson has gone from being a security officer to managing a site of 700 people.

Dickson Webi, Site Security Manager Geita Gold Mine, SGA Security

Watch the full interview here

 

The Frontline Security Officer

In the video below, Edward Dismas, a Security Officer at SGA security describes the human rights frameworks on which he has been trained and the impact of this training.

Interview with Edward Dismas, Security Officer, Geita Gold Mine, SGA Security

Recommendations

  • Contract ICoCA Certified companies. This demonstrates implementation of VPSHR and ensures responsible private security provision, with committed management and a well trained and fairly treated workforce fully versed on human rights and international humanitarian law.
  • Recruit locally. This provides career opportunities for the local community, further strengthening relations between the client and the community where they operate and contributing to the social license to operate.
  • Integrate the private security provider, ideally an ICoCA certified member, into all the security arrangements. This has positive impacts on the other security actors with best-practice replicated and knowledge passed along the chain.
  • Maximise the responsibilities of responsible security providers, for example allow them to carry non-lethal firearms as these can be an important deterrent that allows them to avoid calling in the police.

 

 

3. The Police – Voluntary Principles on Security and Human Rights

The police role at GGM is minimised, as evidenced by their lower numbers. They are called on for duties the other security functions (in-house security, private security contractor, community police) are not permitted to carry out, most notably bullion protection/escort/transport, arrest, detention and to deal with dangerous situations where maximum force may be required. There are between 40-80 police officers assigned to the site at any one time, depending on the operating environment. The police reside at a camp inside the concession. The number changes depending on requirements at a given time. A blend of police and private security occurs when the private security providers are patrolling the site. Police are utilised in more high-risk operations, such as where the product is stored and when conducting a bullion shipment. The Police carry AK-47s, however in-house security are not permitted to carry these firearms. Police officers with lethal weapons must also be deployed with one carrying non-lethal weapons, such as rubber bullets and tear gas. This way,  the police are able to implement a use of force continuum, gradually escalating their response to intruders if required, rather than responding immediately with live ammunition. Police would take over if there are incidents of community unrest, however this has not happened in recent years since the community policing programme was instituted.

All police employed on the site must be trained on the use of force and human rights (VPSHR). They serve for 2 week rotations at the site.

The police are also closely involved in the vetting of private security personnel. Police vetting includes determining any past criminal record or other red flags.

The police are also ultimately responsible for community police officers, including the training of community police.

ICoCA personnel meeting with Geita Police

Recommendations

  • Recognise the resource constraints public police are often operating within and focus their engagement on those tasks that other security actors are not permitted to conduct.
  • Reserve police as the last line of defence, however ensure that they carry non-lethal firearms and are thus able to follow a use-of-force continuum always utilising the minimum use of force required for a given situation.
  • Recognise the critical role the police play by integrating them into the broader security arrangement and involve them in training.

 

 

4. Community Police – Integral to Security & Community Relations

Pilot Programme & Structure

Reviewing Successful Candidate Lists for New Intake of Community Police Officers

Between 2015-16, a community policing pilot project was started in 2 locations where 60-70% of incursions were originating. There were three main motivations for initiating the programme:

  • To address criminal activity including incursions around the site;
  • To address crime and social ills within the community;
  • To provide employment opportunities for surrounding communities;
  • To address limited resources and lack of capacity of police and to support the police  – support building capacity for local law enforcement.

The pilot project at Nyakablae village, a community living inside the concession with illegal GBM processing that accounted for 60% of the illegal incursions at that time. The pilot programme ran from 2015/16 to 2020. This four-year period allowed enough time to study the impacts and gaps of the programme, allowing the team time to iterate and test adaptations to the approach. The first round of recruits included 131 community police, who were trained by a range of stakeholders including the police and immigration officers, as there are also issues of illegal migration from neighbouring countries.

The community policing arrangement involves community ‘police’ being recruited every twelve months through community street committees, along with involvement from the security and the corporate social responsibility teams. Street committees are made up of democratically elected representatives of the community. The duty of each street committee is to ensure they are protecting the benefits of GGM for the community they represent. There are two sub-committees for every street committee: a development committee and a security and defence committee. GGM makes a financial contribution to the street committees, with a portion used to pay the community ‘police’ through the security and defence committee, and the remainder is allocated to fund community development programmes as determined by the development committees. While a steering committee oversees the community policing team, the Tanzanian Police Force retains ultimate control. GGM have an MoU with the Tanzanian Police Force in this regard.

Community police are recruited for a twelve month period only. This annually rotating position is a crucial element of the arrangement. In contrast, some other mines in Tanzania have adopted a community policing programme, where community police are recruited for much longer periods, even up to ten years. However, this prolonged tenure can lead to corruption and collusion, causing tensions within the community between those who have a job and those who don’t. A clearly defined 12-month contract, with no expectation of continuation, helps avoid the pitfalls of community capture and prevents the exacerbation of tensions that can occur from people protecting these highly sought-after positions.

Candidates for the programme must fit the following criteria:

  • Must be a permanent resident for not less than five years;
  • Must be physically and mentally fit.
  • Must be above 18 years and below 45  years or 45 years old.

GGM provide training on the Voluntary Principles on Security and Human Rights as well as training on safety.

Role of Community Police

ICoCA Staff Meeting with Community Police & SGA Security at GGM Tailings Dam

Community police act as a first line of defence acting as watchmen and women stationed in non-active areas within the concession and along the mine’s boundary to monitor and warn anyone who strays onto the concession or near the active mine site – they do not, however, actively engage intruders. In the event of intruders, community police inform the security control centre, as there are strategically positioned CCTV at regular intervals around the concession, the control centre initiate the required response teams. They share information on the number of intruders, the location of their entry, etc. This information is then handled by Geita’s in-house security who will take the next appropriate action.

They also act as guardians of the Geita forest reserve conducting forest patrol, ensuring there is no illegal activity within the forest area. Community police also serve as information gatherers within the community, to assist the police in maintaining law and order.

They wear green overalls for a uniform and use personal protection equipment (PPE) if posted in an area requiring it. They are unarmed and carry no weapons. One potential advantage of using community police is that aggression is less likely with intruders who come from the surrounding areas as community police are themselves also members of the surrounding community.

Community police collaborate with the private security provider. At the time of documenting this case, the provider was SGA Security, an ICoCA Certified company.

Impact of Programme

The results of the community policing pilot programme are clear. Not only did incursions drop significantly during the pilot phase, but crimes in the community, including rape and burglary, also went down. Thanks to this, the community saw the benefits of the initiative and supported it. The community policing programme has since been rolled out to 15 communities in the surrounding area, currently employing a total of 957 individuals as community police in and around the concession. The biggest challenge for community police is the vast size of the area they are expected to patrol, but they receive assistance from SGA security patrols.

As the Senior Security Manager at GGM states, “You can’t take security away from community. You need the community to feel part of the business…the community policing programme has provided GGM with the social license to operate”. The 2030 aspiration for the security division at GGM is for “embedded community-enhanced security”. The community policing programme also opens up other opportunities for trained community members. Some community police are recruited by private security companies, others go on to apply for positions in the public police force, while others are engaged by local authorities. SGA Security, GGM’s security provider at the time this report was written, confirmed that they give priority to those who have been through the community policing programme. As GGM’s Senior Security Manager stated, “the Community Policing Programme gives kids a taste of the workplace, it’s important in helping to shape their lives. […] When community members see the impact of community police on their family, everybody wants to be part of it”. The police also confirmed that the community policing programme gives people skills and a work ethic that sets them up for future opportunities. Salaries received by community police have been used by some to provide seed funding to start their own enterprises, including female recruits. Of the initial batch of 120 community police, within one year after their assignments were over, 85 had been recruited into the private security sector.

The community policing programme is one of the main reasons why the requirement for use of force has declined significantly, there is now relative peace and security in the area. This is largely thanks to the mutual understanding that has developed between GGM and the surrounding community due to the sense of ownership the community policy programme has imbued.

Areas for Improvement

There are always areas for improvement. One area could involve increasing the salaries of community police officers. This would be particularly impactful as pertains female community police officers, as women tend to both bring back a larger percentage of their salary than men to the home and use their income to provide the financial resources required to establish small or medium-sized enterprises. Another area would be to create more career opportunities for former community police officers, whether within the private security sector, the police force, other local government positions, or even within GGM.

In the video below, Mihinzo E Tumbo, GGML’s Security Superintendent, shares his insights on the community policing program, which he manages.

Mihinzo E Tumbo, Superintendent Community Policing, GGML

Watch the full interview here

 

Recommendations

  • Pilot incorporation of community into the security arrangements, allow time to iterate and learn lessons before scaling up.
  • Empower existing community governance structures by embedding community policing and link it to community development.
  • Promote community security to serve a dual purpose of improving security for the community as much as for the company.

 

 

5. Use of Technology – Security Without Borders

Technology is extensively used in the security and safety components of operations at GGM. In total, there are 445 CCTV cameras. CCTV uses high-end thermal cameras with impressive range and night-sensitivity, for example the range of the CCTV towers is up to 10km. This reduces the burden on patrols as CCTV towers are placed at regular intervals on the boundary of the site to enable wide area surveillance and pro-active detection of threats. Surveillance cameras are also used in all vehicles and bodycams are being introduced to aid investigations in response to potential allegations of human rights abuse by security guards.

While there is no physical border, no wall or fence, the CCTV towers along with beacons and painted boulders placed every 500 meters in forest areas and every 200 meters in populated areas, essentially act as boundary markers (agreed with communities), making it clear to anyone approaching the concession where the mine’s premises begin. In areas where there are ASM activities, GGM has also introduced roads alongside the concession to show the boundary. The positioning and painting of the boulders themselves, was the result of a community engagement project, conducted in 2012 to raise awareness and agreement with the community on the concession boundary. At that time, AGA made a deliberate decision not to construct a boundary (wall/fence) as the company management believed this would contribute to a sense of division between the mine and the surrounding community, creating a sense of us vs them. The lack of a physical boundary has contributed to the improved relationship and sense of trust between the community and the company. This process also fed into the community policing programme, as community police are able to report intrusions by logging incidents . The emphasis is on using technology to improve efficiency, reduce human intervention and ultimately to reduce the risk of collusion, which now is the greatest challenge the mine faces given the significant improvements in community relations.

Use of Technology at GGM (by kind permission AngloGold Ashanti)

Recommendations

  • Leverage technology to compliment physical security arrangements, CCTV and other tools can replace the need for barriers.
  • Use technology responsibly, including to build accountability of the security guard force, for example through deployment of body cams.
  • Ensure the surrounding community are engaged and understand how technology tools are being deployed around the site.

 

 

6. CSR – Investment in the Community

GGML’s CSR initiatives strive to benefit society and the environment as entrenched in the company’s values, which include transforming communities into self-driven sustainable development. The ethos of the CSR programme is that the mine’s presence benefits the surrounding communities.

The mine has been implementing CSR projects since its inception in 2000 and has spent over 100 billion Tsh (approx. $39 million) in the areas of Art and Culture, Social Economic Development, Infrastructure, Education, Health, Environment and Small and Medium Enterprise development. In 2017, the government of Tanzania introduced the CSR law under the regulation of the Mining Act 2010, Miscellaneous Amendments 2017, Section 105.  In 2023, the government of Tanzania further released a CSR guideline for the purpose of regulating the CSR activities in line with the Mining Act.  Since 2018, the mine has invested more than 55 billion Tsh (approx. $21 million) towards community development.

More than 1300 projects have been implemented between 2018-2023 including full construction and refurbishment of schools, construction of health facilities, income generating projects, youth, sports and culture to name a few. Prior to 2018, the mine constructed and launched the Nyankumbu Girls Secondary School, the Magogo Project Empowerment for Women and Youth, renovation of the Geita referral hospital, construction of the community radio station and the Nyakabale police station and renovated the Geita Prison.  The mine also constructed the Moyo wa Huruma Orphanage Centre which continues to receive support from the mine to date.  A note worthy project was also the Geita water project which, to date, continues to provide water access to communities.

 

EDUCATION

Primary school in Katoma in Geita District (by kind permission, AngloGold Ashanti)

 

Since 2000 and as part of the CSR law introduced in 2017, 1220 education related infrastructure projects in both primary and high schools have been completed.  This includes roofing, full construction of schools, additional classrooms, construction of staff houses, ablution facilities, dining halls and over. Furthermore, over 18,000 school chairs and desks and 700 dormitories double-deckers have been manufactured and distributed to schools in Geita Town and Geita District Councils.

 

 

 

 

Nyankumbu Girls Secondary School (by kind permission AngloGold Ashanti)

 

The construction of the Nyankumbu Girls Secondary School remains one of Geita’s key legacy projects. The school was built and launched in 2014 with various support and upgrades taking place to date costing 15 billion Tsh (approx. $5 million). The construction activities included 21 classrooms, modern residential housing for 38 families, a multipurpose hall, nine dormitories, three laboratories and associated equipment, a computer lab, home economics building, a library, six sports fields and three ablution blocks, The school enrols 1100 learners and has become a prestigious school in Geita Town due to its good learning environment and performance.

 

 

 

HEALTH

Nyamalembo dispensary covering the OPD building, staff house and ablution facilities (by kind permission AngloGold Ashanti)

 

In promoting and supporting access to quality health care, over 150 health related projects have been implemented. This includes the renovation of health facilities, construction of dispensaries and OPD buildings, roofing and completion of projects initiated by community efforts, staff houses, reproductive Child Health Care facilities, patients ward as well as the purchase of medical equipment for the various health facilities. Support was also provided towards the purchase of ambulances and support for people living with communicable diseases.

 

 

 

 

ECONOMIC DEVELOPMENT & AGRICULTURE

Saragurwa Rice Warehouse (by kind permission AngloGold Ashanti)

 

GGML has implemented various income generating projects to promote economic development and alternative livelihoods.  The mine launched the rice farming project in Saragulwa Village and constructed sunflower oil production factories in Kasota, Bulela and Bunegezi and distributed sunflower seeds to 7000 farmers (of which 1967 of them are women). The construction of Geita Main market frames, which act as an economic hub, commenced with the first two of three phases completed.

 

 

 

 

PUBLIC ROAD INFRASTRUCTURE PROJECTS

Sirro barrack tarmac road (by kind permission AngloGold Ashanti)

Over the past and in recent years, GGML has contributed towards the construction and refurbishment of public road infrastructure that allows for improved transportation for people, improved accessibility and ultimately, economic growth.  This support was shown through the construction of tarmac roads (Sirro barracks, Katundu market and the Regional Office tarmac roads) along with the installation of Solar powered streetlights in Geita town.  The mine also completed the construction of the Nyawilimilwa and Nyakaduha box culverts, alongside the refurbishment of the Geita Bukoli road and the initiation of tarmac road construction connecting to the main Geita-Mwanza Road. Improvements were also made to the Katoro cattle auction access road and the construction of the Nyakabale bridge to further support community mobility and access.

 

 

 

7. Corporate Culture – Values-Based Alignment

AGA is a values-based company, with respect for safety being the first value, requiring the utmost respect for human rights and collaboration amongst all stakeholders.

AngloGold Ashanti Values – with kind permission AngloGold Ashanti

AGA has five key strategic focus areas, the first of which is to prioritise people, health, safety and sustainability. According to AGA, “this focus area is the foundation of our business and strategy, ensuring alignment between our values and corporate citizenship responsibilities on the one hand and the business’s long-term growth, sustainability and profitability on the other”. AGA’s values and its strategic prioritisation of people, health, safety and sustainability are evident on notice boards across the site and in conversations with staff.

A noticeboard in the GGM offices

The business model AGA has developed to execute on its strategic plan includes six focal areas. Three of these are closely linked to AGA’s values and are evident in the integrated security arrangement at GGM. This corporate culture is also apparent in the selection of the private security provider, SGA Security. As an ICoCA Certified Member company, SGA Security are not the cheapest security provider GGM could have selected. GGM, however, has made the decision to invest in a security provider that holds the same values as the company, including paying a fair salary, properly vetting and training their staff, respecting human rights and providing a professional work environment that offers opportunities for progression. SGA Security pays above minimum wage, a job in the company at GGM is a sought after position. What SGA Security and AGA clearly understand is that a happy, healthy security guard, paid a fair salary and respected by the employer and its client, is much less likely to collude with community members or mine employees to steal company assets. The risk of losing their job is too high.

GGM and SGA Security are investing in human capital by recruiting and promoting highly capable people from the Geita community. This extends to the community policing programme. By providing good career opportunities through these avenues, this investment translates into social capital. The community policing programme is a great example of this. By integrating the community into the security apparatus, GGM have gone beyond building trust with the community, rather integrating community into the business model itself. By engaging in international frameworks including VPSHR and ICoCA, GGM has integrated solid governance frameworks and management systems, including risk management systems, for example by selecting an ICoCA Certified private security company such as SGA security, that has been awarded multiple ISO standards including ISO 18788. Smart use of technology throughout the security arrangement is also optimising efficiencies at the site, enabling rapid response and avoiding escalating, complex situations.

Key elements of AGA’s business model – by kind permission AngloGold Ashanti

Recommendations

  • Align company values with respect for human rights and responsible security.
  • Align all elements of the security apparatus with company values.
  • Select a private security provider that aligns with company values.

 

 

Conclusion

The ground-breaking innovative, integrated security arrangement at GGM is an instructive model that other mining sites as well as sites involving access to land and resources more generally, could learn useful lessons from. While ICoCA does not suggest a cookie-cutter approach to solving entrenched security challenges or setting up new security operations, the Geita model nevertheless contains features that could effectively transferred to other contexts. Key elements, in no particular order, include:

  • a values based approach, led from the top, that has respect for human rights at its core, and extends throughout the company and its value-chains;
  • demonstrated implementation of this approach in the procurement of responsible private security providers that are Members of ICoCA;
  • building a business that involves and benefits the community at its core, not only through investments in meaningful CSR programmes, but by integrating community into its broader security apparatus;
  • having a multi-layered security approach, offering alternative actions and actors for escalation, including along the use of force continuum, many of which can be directly influenced by company corporate culture, including respect for human rights, thus avoiding an over-reliance on public security, who may not be as inclined or as experienced in deploying soft-skills or minimum use of force when dealing with intruders.
  • a willingness to try unorthodox approaches, throwing out the traditional security playbook, that rejects security as a discrete and limited task, to one that is embedded and integrated into the company operations as a whole and inclusive of the surrounding community at large.

SEX TRAFFICKING SCANDAL IN POST-CONFLICT BOSNIA

Background

Following the Bosnian War, the US government contracted the private military and security company DynCorp to provide police trainers and advisors to the UN mission in Bosnia in the late 1990s. Officers from different countries worked there under the umbrella of DynCorp.

Kathryn Bolkovac was a police officer from Nebraska who had joined the UN’s International Police Task Force (IPTF) and had come to Sarajevo in Bosnia in 1999. Due to her expertise in child abuse and sexual assault cases, she was responsible for dealing with the domestic abuse cases in Zenica, especially with regard to women who had been raped during the war. In the course of her job, her interaction with a young girl made her aware of the child rape and prostitution in the area. With subsequent investigations, she found out about the widespread trafficking of women and girls into Bosnia by armed groups and the involvement of the international peacekeepers in this prostitution ring. Allegedly, according to the local police, trafficking in this area started with the arrival of the international peacekeepers.

Bolkovac sent emails detailing the revelations she had found to more than 50 people including officials within the UN, like Jacques Klein, the UN Secretary General’s special representative in Bosnia and officials at DynCorp.

The Incidents

According to Bolkovac, women and girls were “smuggled to Bosnia to ‘to work as dancers, waitresses, and prostitutes’, forced to perform sex acts on customers to pay debts and, if they refused, were ‘locked in rooms without food for days, beaten and gang raped by the bar owners and their associates’”. These girls were trafficked from Russia, Romania, Moldova, Ukraine and other East European countries. The brothels were expansive and all over Bosnia, disguised as bars, restaurants and clubs. Some of the victims were as young as twelve years old. Though raids were conducted in these establishments, they were ineffective. Following this, in October 2000, Bolkovac sent out the emails to various officials detailing the abuses.

Both Bolkovac’s and Johnston’s accounts detail how some of the DynCorp employees purchased women and children and engaged in free sex in brothels. Johnston commented about how some employees publicly boasted about purchasing women and having a sex slave at home. One of DynCorp’s site supervisors whom Johnston had initially approached to reveal the problem, later admitted to the rape of two girls and videotaping it as well. Reportedly, approximately 30-40% of the clients and almost 70% of the revenue from trafficking in Bosnia came from international personnel including the SFOR (Stabilization Force), the UN police and other international and humanitarian employees working there.

According to Bolkovac, DynCorp, which was responsible for hiring American personnel to Bosnia, did not screen its applicants well and sometimes hired personnel with little experience or questionable histories. This made them more prone to falling into cahoots with the local criminal groups.

Investigations

Though Johnston made internal complaints at DynCorp, the company took no action. This prompted him to approach the US Criminal Investigations Command which did substantiate some of his allegations. While Johnston was fired by DynCorp in 2000, it was reluctant to fire the employees about whom Johnston had complained. In August 2000, Johnston sued DynCorp and in August 2002, the case was settled before it was due to go to trial. Some of the employees Johnston had complained about were dismissed or repatriated following the intervention of the US State Department.

Following Bolkovac’s emails, she was demoted to a desk job and later on fired for allegedly falsifying her time sheets. She sued DynCorp in 2001 for wrongful termination and won the case in her favor in August 2002. DynCorp was forced to pay Bolkovac only 153,000 dollars in damages. Though DynCorp appealed the verdict, it dropped it later on.

No members of the UN police or DynCorp employees were prosecuted for trafficking in Bosnia. They were instead repatriated. There was ambiguity over who had the authority to prosecute. Since the US Army did not have jurisdiction over civilian contractors, the case was transferred to the Bosnian police. However, the Bosnian police was unsure whether the immunity under the Dayton Peace Accords was applicable to these contractors and so did not prosecute them. As for DynCorp, it fired seven of its employees for purchasing women including underage girls.

The International Code of Conduct

Under the International Code of Conduct companies cannot allow their personnel to engage in or benefit from sexual exploitation, abuse, or gender-based violence or crimes. Security companies must require their personnel to remain vigilant for all instances of sexual or gender-based violence, and report these instances to competent authorities. (Sexual Exploitation and Abuse (SEA) or Gender-Based Violence (GBV): paragraph 38) 

Guidelines on Preventing and Addressing Sexual Exploitation and Abuse 

Resources on Preventing Sexual Exploitation and Abuse 

The Code also mandates that personnel of Member and Affiliate companies shall not engage in trafficking in persons and will remain vigilant for such instances and report it to Competent Authorities when discovered. The Code describes human trafficking as the “recruitment, harbouring, transportation, provision, or obtaining of a person for (1) a commercial sex act induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or (2) labour or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, debt bondage, or slavery” (paragraph 39). 

The Code requires stringent selection and vetting of personnel, assessment of performance and duties (paragraphs 45 to 49), and training of personnel of the Code and relevant international law, including human rights and international criminal law (paragraph 55).  

Resources on working conditions 

The Code also requires that incident reports are to be made for any incident involving its personnel and the use of weapons, criminal acts, injury to persons, etc. (paragraph 63). It also mandates the establishment of a Grievance, Whistleblowing and related procedures to address claims brought by personnel or of third parties regarding the failure of the Company to respect the principles mentioned in the Code (paragraph 66-67). 

Meeting the requirements of the Code of Conduct can help private security companies and their clients ensure that private security personnel are qualified, trained, supported, informed, and responsible.  

Impact

Despite DynCorp essentially turning a blind eye to the actions committed by its employees while being aware of atrocities its employees engaged in, DynCorp still retained its contract with the US Government for its work in Bosnia. In 2003 it also obtained a lucrative contract with the US State Department for its “War on Terror” operation. 

In 2007, the UN established a Conduct of Discipline Unit (CDU) to address similar issues. This initiative still was not sufficient as there has been a number of subsequent incidents. 

Bolkovac’s story was later adapted to a film in 2010 and was screened at the UN in New York in 2010.  

Discussion

What should be the key features of a proper vetting process? 

Discuss how a better equipped internal complaints mechanism could have helped prevent further violations from taking place (like when Johnston initially complained). 

Related incidents

Sources

 

 

This case was prepared by Shilpa Suresh, Graduate Institute of International and Development Studies. 

ABUSE AND MISTREATMENT OF CHILDREN AT MEDWAY SECURE TRAINING CENTRE

Background

The Medway Secure Training Centre (STC) was set up in 1998 to house children between the ages of 12 to 18 who are serving a custodial sentence or have been remanded into custody by the courts. It is capable of housing 67 children at a time. Right from its establishment in 1998, G4S has been responsible for managing the Centre. From as early as 1999, inspectors reported that the staff lacked the necessary skills, qualifications or experience to work with vulnerable and volatile children. This resulted in them overly relying on the use of restraint.

According to the Guardian, two whistleblowers had claimed in 2003 that inmates at Medway STC were being abused by staff and by the head of G4S children’s services there. Professor John Pitts, an expert in youth crimes and youth justice, had contacted the relevant authorities on behalf of the whistleblowers but received only one brief reply from one of the agencies he had contacted. An article by the Guardian in 2016 revealed how in 2010 a fifteen-year-old girl suffered a miscarriage at Medway without receiving any hospital care. It was only after a week and half that she was taken to a doctor. Thus, there were multiple allegations against the Medway STC prior to 2016.

G4S was also responsible for running some of the other Secure Training Centers (STC) in England. In 2004, the company came under the spotlight after a 15-year-old boy died in a horrific incident at the Rainsbrook STC. Even after multiple other incidents and the loss of contracts for other STCs (like Rainsbrook), in 2015, G4S again won the competition to manage Medway STC for another five years. A 2014 inspection by Ofsted (office for Standards in Education, Children’s Services and Skills) had found that the Medway STC was “good with some outstanding features” and reported the Centre to be calm and orderly.

The Incidents

The incidents covered by the 2016 Panorama documentary were secretly filmed in 2015 and included instances like pressure being heavily applied on children’s neck, slapping a teenager several times in the head, using restraint techniques that had been authorized only for grave situations (methods which bodies like the UN Committee Against Torture and Her Majesty’s Inspectorate of Prisons had recommended to be prohibited), and using foul language and threatening the children by the staff. The documentary also revealed how the staff tried to cover up their behavior by ensuring they were in areas not covered by the CCTV cameras and how G4S misrepresented the incidents to the government to avoid fines.

The use of force against children was prevalent, especially as a response to cases of self-harming by the children. In one particular incident, the staff prevented access to a hospital to one of the children for treatment after self-harm, citing the child’s “challenging behavior” as the reason for the refusal. An Ofsted report stated that about two incidents involving force use occur daily. There were also allegations of strip-searches being conducted on children, at times in the presence of security personnel who were not the same sex as the child in question.

A report, which was released after the allegations, stated that staff were often recruited to the STC even without prior experience with children. Staff behavior revealed that many were unclear and inconsistent in how they should manage the complex behavior of children and teenagers. Ofsted investigations found that staff were often “poorly trained and largely unqualified”.

There was high staff turnover, with 2015 marking a staff turnover of 60%. This high turnover of staff meant that the majority of them were inexperienced, nor did they receive the necessary support or supervision to execute their tasks to a good standard. Many were also promoted internally relatively quickly. Due to staff shortages, at times, children were forced to remain locked in their rooms, missing out on activities they had earned through good behavior. In one of Osfted’s investigations favoritism among staff was pointed out by some of the children. The tendency of staff to “give in to young people’s demands inappropriately because of a prevailing culture which is not strong enough to impose and maintain appropriate boundaries and rules” was pointed out.

Investigations

G4S attempted to stop the broadcast of the footage by BBC by arguing that the filming was unauthorized and illegal. The managing director of G4S children’s services referred the allegations to the Medway Child Protection team and police on 30 December. Following the Panorama program, sixteen people were arrested and seven of the staff members were suspended. The Youth Justice Board stated that it had increased its monitoring of the Centre.

By 2019 of the nine people that the Crown Protection Service (CPS) had decided to prosecute, seven were found not guilty and no verdict had been reached for the other two cases.

The International Code of Conduct

The International Code of Conduct requires that Personnel of Member and Affiliate companies take all reasonable steps to avoid the use of force, and if force is used, it should be proportionate to the threat and appropriate to the situation. (Rules on the Use of Force : paragraph 29, Use of Force : paragraph 30-32).

Resources on Use of Force

Additionally, security personnel are only allowed to apprehend persons to defend themselves or others against an imminent threat of violence following an attack or crime against Company Personnel, clients, or property under their protection. Apprehension and detention must be consistent with international and national law, and all apprehended and detained persons must be treated humanely and consistent with their status and protections under applicable human rights law and international humanitarian law. (Detention: paragraph 33) 

Resources on Apprehending Persons 

Resources on Detention 

The Code instructs Member and Affiliate companies to provide a safe and healthy working environment and to adopt policies that support this. This includes policies that address psychological health, deter workplace violence, alcohol and drug abuse and other improper behavior. Companies must also ensure that reasonable precautions are taken to protect relevant staff in high-risk or life-threatening operations (paragraph 64).  

The Code requires stringent selection and vetting of personnel, assessment of performance and duties (paragraphs 45 to 49), and training of personnel of the Code and relevant international law, including human rights and international criminal law (paragraph 55). Meeting the requirements of the Code of Conduct can help private security companies and their clients ensure that private security personnel are qualified, trained, supported, informed, and responsible.  

Resources on working conditions 

Impact

In 2016, following the BBC’s expose of the abuses at Medway STC, G4S lost the right to manage the Centre. It was then taken over by the government. Even when the STC was placed under government management, Ofsted investigations in 2019 found the quality of practice to have declined and that pain inflicting techniques continued to be used on children.  In March 2020, the Medway STC was shut down. 

Despite multiple allegations of abuses by G4S personnel in different Secure Training Centers (like in Medway and Rainsbrook), other STCs like the Oakhill STC continue to be run by it. This is despite the allegations raised by a whistleblower in 2021 against serious abuses at the Centre. An inspection of the Centre in 2023 by Ofsted concluded that it requires further improvement to be good.  

Discussion

Discuss how this case reveals the importance of training and vetting of personnel when it comes to staff having to work in volatile environments or with ‘special’ groups like children. 

Related incidents

Sources

 

 

This case was prepared by Shilpa Suresh, Graduate Institute of International and Development Studies. 

SEXUAL ABUSE AND EXPLOITATION AT YARL’S WOOD IMMIGRATION REMOVAL CENTRE

Background

The Yarl’s Wood immigration removal center for women, located in Bedfordshire, has been managed by the private security firm Serco since 2007. It can house up to 400 women. In 2011, Sana, a Pakistani inmate, accused healthcare staff at the centre of misbehaving with her. Born in Lahore, Pakistan, at the age of 17, Sana was forced to marry an older family friend, following which the relocated to London. After her divorce, her second relationship also ended up being abusive. She then applied for asylum. After a routine immigration appointment in 2010, she was sent to the Yarl’s Wood centre. Reportedly, she feared that she would be raped at Yarl’s Wood.

Sana accused one of the healthcare staff of sexually assaulting her and reported how he repeatedly approached her. She was supported by one of the female guards, who in turn, ended up being criticised by her colleagues for failing to consider that Sana might be fabricating her testimony as the accused was clearly a “family man with strong religious beliefs”. The following police investigation was not satisfactory, with Sana’s interrogation lasting only for 30 minutes and an ordinary constable being sent instead of a specialist sex abuse officer. The police apparently pointed out the lack of independent witnesses and Sana claimed that she was accused of lying so that she would not be deported back to Pakistan. Shortly after, Sana was sent back to Pakistan.

In 2014, a 23-year-old inmate claimed unwanted sexual contact with two guards at the centre. Serco in turn hired reputation management lawyers. Being aware of Sana’s case and the existence of Serco’s internal inquiry report, The Guardian requested access to the report. Following a four-month legal battle between Serco and The Guardian, the company was forced to publish this internal report into the claims of repeated sexual assaults.

Serco’s handling of this case was accused of being inadequate and an external review was demanded. More women came forward after this, with claims of abuse dating as far back as 2007.

The Incident

One inmate who was detained from 2008-2009 stated that the guards would often flirt with the detainees and that some of the guards would give the impression that if the inmates slept with them, they would put in a good word for them. Another inmate claimed that some of the inmates would have sex with the guards in exchange for favours. Inmates who witnessed sexual contact were threatened with deportation. It is suspected that many victims were deported before being able to testify, thereby ensuring their silence.

The guards have been accused of breaking company policy and entering the inmates’ rooms at night. Some of the inmates reported that fights would break out occasionally between the inmates if they suspected each other of having sex with the same guard. Some also claimed witnessing guards dancing provocatively with the detainees.

Legal Aspects

Investigations

Sana’s case was settled by Serco with a modest amount of damages. According to data that Serco submitted to the Home Office, over 8 staff have been sacked or have resigned over inappropriate behaviour. However, Serco denied any allegation of widespread sexual misconduct between staff and inmates. They claimed that “on the occasion when a complaint of sexually inappropriate behaviour between staff and a resident was brought to our attention in 2012 the matter was properly investigated and the police were kept fully informed throughout. As a result, three members of staff were dismissed.”

The Home Office stated that any claims of misconduct would be thoroughly investigated. However, the Home Office denied the Observer access to the detention Centre. Even the United Nations expert into violence against women was refused permission to inspect the Centre by the Home Office.

According to a 2015 report by the HM Chief Inspector of Prisons, more detainees stated that they felt unsafe compared to the previous inspection. Four women reported sexually inappropriate comments and though no one reported direct experience of sexually inappropriate behaviour during the interviews, some inmates did mention a past incident where an inmate became pregnant due to a guard. In 2016, an independent investigation report was submitted to the Serco board. The report concluded that “there is no abusive culture at Yarl’s Wood”. However, a report by the National Audit Office (NAO) in 2016 found that “staff at the center were not adequately trained to deal with the particular concerns, issues and vulnerabilities of those in immigration detention”.

The International Code of Conduct

Under the International Code of Conduct companies cannot allow their personnel to engage in or benefit from sexual exploitation, abuse, or gender-based violence or crimes. Security companies must require their personnel to remain vigilant for all instances of sexual or gender-based violence, and report these instances to competent authorities. (Sexual Exploitation and Abuse (SEA) or Gender-Based Violence (GBV): paragraph 38)

Guidelines on Preventing and Addressing Sexual Exploitation and Abuse

Resources on Preventing Sexual Exploitation and Abuse

The Code also mandates that personnel of Member and Affiliate companies shall not engage in trafficking in persons and will remain vigilant for such instances and report it to Competent Authorities when discovered. The Code describes human trafficking as the “recruitment, harbouring, transportation, provision, or obtaining of a person for (1) a commercial sex act induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or (2) labour or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, debt bondage, or slavery” (paragraph 39).

The Code requires stringent selection and vetting of personnel, assessment of performance and duties (paragraphs 45 to 49), and training of personnel of the Code and relevant international law, including human rights and international criminal law (paragraph 55).

Resources on working conditions

The Code also requires that incident reports are to be made for any incident involving its personnel and the use of weapons, criminal acts, injury to persons, etc. (paragraph 63). It also mandates the establishment of a Grievance, Whistleblowing and related procedures to address claims brought by personnel or of third parties regarding the failure of the Company to respect the principles mentioned in the Code (paragraph 66-67).

Meeting the requirements of the Code of Conduct can help private security companies and their clients ensure that private security personnel are qualified, trained, supported, informed, and responsible.

Impact

In 2016, Serco agreed to the recommendations made by the independent investigation report. They announced that they implemented changes like the introduction of body cameras for all front-line staff, hiring more female staff, reviewing of recruitment to ensure suitable candidates are selected and more.

In 2020, Serco was awarded a 200-million-pound contract by the Home Office to run two other immigration removal centres in the UK: Brook House and Tinsley House immigration centres.

Discussion

Discuss the importance of an effective Grievance, Whistleblowing and Complaint mechanism in preventing widespread sexual abuse. What factors contributed to the guards abusing their power and exploiting the vulnerabilities of the detainees? How can they be made less vulnerable to such exploitations?

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This case was prepared by Shilpa Suresh, Graduate Institute of International and Development Studies. 

PUNTLAND MARITIME POLICE FORCE

Background

Between 1969 and 1991, Somalia was ruled by a socialist military dictator, Mohamed Siad Barre, who seized power in a coup d’état. After years of corruption and economic mismanagement, when Barre’s regime came to an end Somalia was plunged into a prolonged and devastating civil war that had repercussions throughout East Africa. Within this turmoil, different regions of Somalia sought greater independence from Mogadishu: Somaliland declared itself an independent state in the northwest and Puntland claimed autonomy in the northeast.

This region became increasingly lawless, which was exacerbated by the dissolution of the Somali Navy. This vacuum of authority facilitated the intrusion of illegal foreign fishing and waste dumping in Somali territorial waters. This and other factors ultimately led to the emergence of piracy as a widespread problem.

Between approximately 2005 and 2012, Puntland was a thriving hub of piracy operations around the Gulf of Aden. To combat it, the Puntland Maritime Police Force (PMPF) was established in 2011. Sterling Corporate Services, a Dubai-based company, was contracted to create and train this force. The company was accused of violating the arms embargo imposed on Somalia.

Initially, a private military company called Saracen International was contracted by the Puntland government to train the PMPF. The PMPF project was funded by the UAE, as the country’s business operations were threatened by Somali pirates. It was later rebranded and a new company, Sterling Corporate Services, was set up in Dubai to oversee the training of the anti-piracy operation. Erik Prince, former head of Blackwater Worldwide, and Michael Shanklin, former CIA station chief in Mogadishu, were also involved in this project. According to a confidential AU report, Erik Prince was “at the top of the Saracen management chain and provided the seed money for the Saracen contract.”Michael Shanklin was an advisor to the then Somali government and helped mediate negotiations between Saracen, the Somali government and the UAE.

The Incidents

International organizations expressed concern about the techniques and approach employed by Sterling Corporate Services in training and working with Somali anti-piracy trainees. They were accused of beating and even killing Somali trainees during training sessions. The UN Somalia and Eritrea Monitoring Group (SEMG) found that one of the trainees had been “hogtied with his arms and feet tied behind his back and beaten.” Although the UNO group claimed that the trainee died from the injuries, Sterling Corporate Services denied the allegation. In one of the incidents, one of the South African trainers was shot and killed by a Somali trainee. According to Sterling, this was an isolated incident and the accused trainee was arrested.

In 2012, SEMG stated that Saracen International had neither sought nor obtained authorization from the international body to operate as a private military contractor in Somalia. Saracen’s continued military training and deployment was in defiance of the overall UN arms embargo. That same year, the UN Working Group on the Use of Mercenaries stated that Sterling/Saracen’s operations went beyond training. A Saracen chartered flight, which was grounded by Somaliland authorities, was found to be carrying an unauthorized shipment of combat uniforms, military straps and other materials.

The International Code of Conduct

The International Code of Conduct requires that personnel of member and affiliated companies take all reasonable measures to avoid the use of force, and if force is used, it must be proportionate to the threat and appropriate to the situation. (Standards for the Use of Force: paragraph 29, Use of Force: paragraphs 30-32).

Resources on the Use of Force

The Code requires rigorous screening and vetting of personnel, assessment of their performance and functions (paragraphs 45-49), and training of personnel on the Code and relevant international law, including human rights and international criminal law (paragraph 55).

Resoures on working conditions

The Code also requires the reporting of any incident involving its personnel involving the use of weapons, criminal acts, injury to persons, etc. (paragraph 63). It also requires the establishment of a grievance, whistleblowing and related procedures to deal with complaints lodged by staff or third parties in relation to the company’s failure to comply with the principles mentioned in the Code (paragraph 66-67).

Compliance with the requirements of the Code of Conduct can help private security companies and their clients to ensure that private security personnel are qualified, trained, supported, informed and accountable.

See also: Montreux Document on the relevant international legal obligations and good practices of States in relation to the operations of private military and security companies during armed conflict

Impact

In September 2012, Sterling Corporate Services lost the contract to train Puntland’s paramilitary maritime police force to fight piracy, amid criticism from the UN’s Somalia and Eritrea Monitoring Group (SEMG). There were concerns that Sterling Corporate Services was leaving an unpaid but well-armed security force in Puntland, and that this could lead to further destabilization of the area. Bancroft Global Development, a U.S.-based private military security contractor, was asked to assess whether these officers could be assimilated into Somalia’s other security forces, which had both U.S. and African Union approval. Bancroft trained Ugandan and Burundian soldiers for counterinsurgency missions in Somalia under the African Union flag. He stated that he would not take over Sterling’s counter-piracy mission.

Discussion

What are the implications of leaving behind an unpaid force trained in the use of weapons in an already unstable region?

Related Incidents

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This case has been prepared by Shilpa Suresh, Graduate Institute of International and Development Studies.

TORTURE AT THE ABU GHRAIB FACILITY

Background

The Abu Ghraib facility is a large prison complex in Baghdad, Iraq. During the regime of Saddam Hussein, it was infamous for the detainment and torture of political prisoners. The prison was reopened in 2003 by the US military after the invasion of Iraq by the US and its allies. In 2003, the Associate Press published the first press report focusing on the mistreatment of detainees under U.S. control at the Abu Ghraib facility. By 2004, images of abuse and torture taking place at the facility emerged as part of CBS’s “60 Minutes 2” program, leading to a scandal for the then US President George W. Bush’s administration.

A report from the US army’s internal investigation carried out in 2004 under Army General Antonio Taguba, detail the shocking practices that were followed. One gruesome image that quickly became well publicized was of US Army specialists giving a thumbs-up and posing next to the dead body of Manadel al-Jamadi who was clearly tortured and died of asphyxiation.

CACI International Inc. was a defense contractor hired by the US to provide interrogation services at Abu Ghraib. The company L-3 Services (formerly called Titan Corporation) was the contractor responsible for translation services. They were hired as the US military lacked enough trained interrogators to fully staff the Abu Ghraib facility. The employees and managers of CACI have been accused of directing or/and encouraging torture and of covering it up.

In 2008, four plaintiffs who were formerly detained at Abu Ghraib filed a lawsuit against these defense contractors for their complicity in torture. In November 2024 US  jury found CACI liable for abusing the prisoners.

The Incidents

Detainees were physically and sexually abused, inflicted electric abuse and mock executions. The report by Taguba include incidents of rape, photographing and videotaping nudes of male and female detainees, use of extreme force against them and more. Torture was not limited to just physically but emotionally and psychologically as well. For instance, in one incident a prisoner was coerced into thanking Jesus for his life.

According to one of the plaintiffs in the lawsuit field in 2008, he was subjected to electric shocks, deprivation of food, kept naked, etc. Another plaintiff recounted how he was forcibly subjected to sexual acts and forced to witness the rape of another female prisoner. Other incidents include, sensory deprivation, solitary confinement, assault, being forced to be in stress positions for long periods of time, having their genitals beaten and more.

Legal Aspects

Court Cases

On 9 June 2004, a group of 256 Iraqis, who were former detainees at the Abu Ghraib facility, filed a case against CACI and L-3 Services. The defendant companies argued that the subject matter of the claim constituted a political question and so cannot be decided by the courts. They also claimed their immunity as government contractors. The court dismissed the companies’ motion to dismiss the compliant in June 2006. In September 2009, the courts ruled in favor of the defendant companies. Though the plaintiffs filed a petition for an appeal in April 2010, in June 2011 the US Supreme Court announced that it would not hear an appeal in this case.

On 30 June 2008, four other plaintiffs filed a separate case against CACI International Inc. for directing their torture at Abu Grahib prison. The lawsuit does not allege that CACI employees themselves carried out the abuses but that they instructed the soldiers to ‘soften’ up the detainees, so that they would more easily reveal information, even though CACI knew this ‘softening up’ would lead to torture.  In addition to CACI, the lawsuit also filed against L-3 Services Incorporated and against a former employee of CACI, Timothy Dugan.

The plaintiffs are Iraqi civilians who were detained at the Abu Ghraib prison and later released without being charged for any crime. It was filed on the behalf of the plaintiffs by the Center for Constitutional Rights. The case was filed under the 1789 US law Alien Tort Statute (ATS) which can be used to pursue legal claims over alleged human rights abuses and violations of US and international law including torture, assault, sexual assault and battery, negligent hiring and supervision, etc.

CACI has claimed the lawsuit to be baseless. Since the case was first filed in 2008, CACI has attempted 18 times to have the case dismissed. Both L-3 Services and Timothy Dugan were dismissed as defendants in the case in 2008. In 2019, CACI appealed against the 2019 decision of a lower court’s that favored the plaintiffs. In June 2021, US Supreme Court judges declined to hear CACI’s appeal, putting them a step closer to facing a lawsuit by the plaintiffs.

A new trial for this lawsuit was set to begin on April 2024 in the District Court for the Eastern District of Virginia. In November 2024, over two decades after the events occurred, a jury awarded $42 million to three former Abu Ghraib detainees after finding CACI liable for collaborating with military police to perpetrate abuse against the prisoners.

The International Code of Conduct

The International Code of Conduct requires that Personnel of Member and Affiliate companies take all reasonable steps to avoid the use of force, and if force is used, it should be proportionate to the threat and appropriate to the situation. (Rules for the Use of Force: paragraph 29, Use of Force: paragraph 30-32)

Resources on Use of Force

Additionally, security personnel are only allowed to apprehend persons to defend themselves or others against an imminent threat of violence following an attack or crime against Company Personnel, clients, or property under their protection. Apprehension and detention must be consistent with international and national law, and all apprehended and detained persons must be treated humanely and consistent with their status and protections under applicable human rights law and international humanitarian law. (Detention: paragraph 33)

Resources on Apprehending Persons

Resources on Detention

Under the International Code of Conduct companies cannot allow their personnel to engage in or benefit from sexual exploitation, abuse, or gender-based violence or crimes. Security companies must require their personnel to remain vigilant for all instances of sexual or gender-based violence, and report these instances to competent authorities. (Sexual Exploitation and Abuse (SEA) or Gender-Based Violence (GBV): paragraph 38)

Guidelines on Preventing and Addressing Sexual Exploitation and Abuse

Resources on Preventing Sexual Exploitation and Abuse

Further, the International Code of Conduct requires stringent selection and vetting of personnel, assessment of performance and duties, and training of personnel of the Code and relevant international law, including human rights and international criminal law.

Meeting the requirements of the Code of Conduct can help private security companies and their clients ensure that private security personnel are qualified, trained, supported, informed, and responsible.

See also: The Montreux Document On pertinent international legal obligations and good practices for States related to operations of private military and security companies during armed conflict

Impact

In 2004, in an attempt to undo the damages, the Justice Department stated that it would rewrite its legal advice on how interrogations are to be conducted. The same year, the CIA also stated that it would suspend its use of interrogation techniques at detention facilities until a rule was made on what was permissible. In 2009, torture was banned under the Obama administration. A new legal framework was also created, so that perpetrators could be held liable, irrespective of their status as the employee of a government or military contractor. In 2006, the prison was handed over to Iraqi authorities and in 2014 it was shut down.

A limited settlement was provided by the private security firm responsible for offering translation services to some of the survivors of the abuse at the Abu Ghraib facility. Though 11 soldiers were convicted for their actions, the US military itself has not paid any compensation to any of the detainees.

CACI continues to be a defence contractor for the US government, with the company recently gaining a contract worth 382 million dollars in 2024.

Discussion

Would better training of the employees of CACI in international law and human rights law have had any impact in mitigating the abuse and torture at Abu Ghraib?

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This case was prepared by Shilpa Suresh, Graduate Institute of International and Development Studies. 

ONGOING CASE: BRASIL BIOFUELS: ALLEGED VIOLENCE AGAINST INDIGENOUS COMMUNITY

Background

In late 2000, the Brazilian government incentivised the development of palm oil in the region of Pará in Brazil. This resulted in a boom in palm oil, which is mainly used in the food and biofuel industries. The lands where the palm oil companies came to occupy, however, were traditionally used by the indigenous communities, who have been living there for centuries. This resulted in a clash between the local indigenous communities and the palm oil companies and has since been dubbed as the ‘Amazonian Palm Oil War’.

In 2020, the company Brasil BioFuels (BBF) acquired Biopalma and became the largest producer of palm oil in Latin America. This takeover by BBF reportedly resulted in an escalation of violence between the company and the indigenous communities. Allegedly, BBF did not honour the previous agreements between Biopalma and the indigenous communities.

BBF and these communities have been clashing over a disputed area in the Acará region. The company has been accused of land-grabbing, water contamination and other environmental crimes. Allegedly, the pesticide used by BBF had contaminated the water used by the Tembé and other indigenous groups. The company has also been accused of conducting violent campaigns to silence the indigenous communities who claim to be defending their ancestral lands.

According to BBF, the company is the victim and it accuses the indigenous communities of attacking its employees and security guards. It denies causing physical harm to the indigenous community members and has stated that its hired security has been instructed to act peacefully, respectfully and in accordance with the current legislation. Since 2021, BBF has filed over 650 police reports against the indigenous community members. The community members have denied these allegations.

On May 14, 2023, a prominent indigenous leader was shot which further fuelled the conflict in this region. It also resulted in the creation of a Crisis Committee to investigate the crime.

The Incidents

Reportedly, on 4 August, 2023, Kauã Tembé a 19-year-old member of the Tembé indigenous community, was allegedly shot in the groin by “heavily armed” security guards of BBF and the military police, an incident which the community leaders described as an “arbitrary action”.  On 7 August, three more indigenous people were allegedly shot by the security guards while the indigenous people protested in front of the BBF headquarters over what happened to Kauã Tembé. An indigenous person, Dayane Tembé, was also allegedly shot in the neck by the security guards while she filmed their actions against the indigenous people from inside her vehicle. In total, five indigenous community members were reported to be wounded by the private security guards of BBF between August 4 and August 7, 2023.

BBF has stated that the escalation of the conflict started on 3 August after a specialised military police battalion went to remove the armed invaders threatening and assaulting the company workers. The company reiterated that the land is not demarcated as indigenous land and that the indigenous community members were invading the company’s private property. The company’s private security team had managed to contain the criminal action of the invaders and was safeguarding the lives of the workers who were on site. It also stated that it had taken the appropriate legal measures with the judiciary and has requested support from state security agencies as well.

Legal Aspects

Investigations

On 8 August 2023, the State Department of Public Security and Social Defense (Segup) of Pará stated that the security guard behind Kauã Tembé’s shooting had been detained.

The Federal Public Prosecutor’s Office (MPF) has stated that it has launched an investigation into the activities of the private security companies and armed militia in the region, and the possible crimes and irregularities committed by these companies. MPF has at least three open inquiries into BBF over its alleged crimes including environmental damages and the use of private security guards against the indigenous communities.

In a statement made to the police by one of BBF’s outsourced security guards, the guards alleged that the company asked them to create false narratives of theft and other crimes and to try and incriminate the indigenous community members.

The International Code of Conduct

The International Code of Conduct requires that Personnel of Member and Affiliate companies take all reasonable steps to avoid the use of force, and if force is used, it should be proportionate to the threat and appropriate to the situation. (Rules on the Use of Force : paragraph 29, Use of Force : paragraph 30-32).

Resources on Use of Force

Additionally, security personnel are only allowed to apprehend persons to defend themselves or others against an imminent threat of violence following an attack or crime against Company Personnel, clients, or property under their protection. Apprehension and detention must be consistent with international and national law, and all apprehended and detained persons must be treated humanely and consistent with their status and protections under applicable human rights law and international humanitarian law. (Detention: paragraph 33)

Resources on Apprehending Persons

Resources on Detention

The Code requires stringent selection and vetting of personnel, assessment of performance and duties (paragraphs 45 to 49), and training of personnel of the Code and relevant international law, including human rights and international criminal law (paragraph 55). Meeting the requirements of the Code of Conduct, can help private security companies and their clients ensure that private security personnel are qualified, trained, supported, informed, and responsible.

Resources on working conditions

Impact

Major international brands like Kellogg, Ferrero, Hershey’s, Nestlé, PepsiCo, Unilever and more continue to purchase palm oil from BBF despite the ongoing conflict in this region.

Discussion

What impact can clients have on curtailing the violence in this region between the indigenous community members and the security guards of BBF?

How can the use of excessive force by security guards in fragile contexts like these, where there is a clash between the local communities and large companies like BBF, be prevented?

Related incidents

Sources

 

 

This case was prepared by Shilpa Suresh, Graduate Institute of International and Development Studies. 

ONGOING CASE: ALLEGATION OF KILLINGS AT PINEAPPLE FARM IN KENYA

Background

Del Monte’s pineapple farm in Kenya is the “single largest exporter of Kenyan produce to the world”.  Almost all pineapples produced in the Del Monte farm in Kenya are exported abroad, mainly to British supermarkets like Tesco, Waitrose, Asda and Sainbury. In contrast, the local villages surrounding the farm live in poverty, leading to a black-market demand for the fruit in this area. Some villagers, particularly the young men, are accused of trespassing on Del Monte’s farmland to steal the pineapples. Allegedly, these young men often raided the farms on motorcycles leading to clashes between the guards and the villagers over the stolen pineapples, with one security guard losing an eye due to a stone thrown by a thief. The claims suggest that the guards, in return, have been using excessive force while dealing with the villagers.

This Del Monte farm employs 273 security guards. The guards are armed with wooden clubs called “rungus”. Reports suggest that the guards have been assaulting the villagers with rungus causing blunt force trauma, leading to death in some cases. Reports made to the police usually have no follow up, with the police allegedly turning a blind eye to the violence.  These security guards have been reportedly accused of five deaths over the last decade but have had no convictions.

The Incidents

The law firm Leigh Day has detailed over 146 alleged incidents in its letter to Del Monte. The joint investigation by the Guardian and The Bureau of Investigative Journalism also uncovered claims from the villagers including eye witness accounts. They also investigated four deaths linked to Del Monte security guards. Incidents of violence include the guards allegedly attacking the passengers of a minibus travelling through the plantation in 2021 September. The bus had broken down on the public roads within the plantation and the passengers were beaten up with rungus.

On December 2022, John Rui Karia was allegedly attacked as he slept by the road side next to the farm. Reportedly, though the guards beat him up badly, he was denied medical care and passed away after a week in prison. The pathologist’s report revealed that he suffered a series of injuries including “multiple contusions of the abdomen, lungs, and brain, and defence injuries to the forearms”.

On July 2023, Del Monte guards were once again accused of reportedly running over and seriously injuring two teenagers for alleged theft. Other accusations include death due to strangulation, blunt force trauma, drowning and more. Victims often had signs of assault and violence. There are reports of serious injuries and beatings and five allegations of rape.

Legal Aspects

Investigations

Though five former guards of Del Monte were fired for their involvement in the death of one of the locals in 2019, their trial has still not taken place. On the other hand, some of the local men who were found guilty of stealing pineapples have been given long prison sentences, with some even sentenced to death.

Kenya’s Human Rights Commission has launched an investigation into these allegations. It has asked Del Monte to take immediate action and to ensure effective remedy and has asked state agencies to “hasten and conduct structured investigations”. It has also asked Del Monte to put measures into place to prevent similar future incidents.

The International Code of Conduct

The International Code of Conduct requires that Personnel of Member and Affiliate companies take all reasonable steps to avoid the use of force, and if force is used, it should be proportionate to the threat and appropriate to the situation. (Rules on the Use of Force : paragraph 29, Use of Force : paragraph 30-32).

Resources on Use of Force

Additionally, security personnel are only allowed to apprehend persons to defend themselves or others against an imminent threat of violence following an attack or crime against Company Personnel, clients, or property under their protection. Apprehension and detention must be consistent with international and national law, and all apprehended and detained persons must be treated humanely and consistent with their status and protections under applicable human rights law and international humanitarian law. (Detention: paragraph 33)

Resources on Apprehending Persons

Resources on Detention

Under the International Code of Conduct companies cannot allow their personnel to engage in or benefit from sexual exploitation, abuse, or gender-based violence or crimes. Security companies must require their personnel to remain vigilant for all instances of sexual or gender-based violence, and report these instances to competent authorities. (Sexual Exploitation and Abuse (SEA) or Gender-Based Violence (GBV): paragraph 38)

Guidelines on Preventing and Addressing Sexual Exploitation and Abuse

Resources on Preventing Sexual Exploitation and Abuse

The Code requires stringent selection and vetting of personnel, assessment of performance and duties (paragraphs 45 to 49), and training of personnel of the Code and relevant international law, including human rights and international criminal law (paragraph 55). Meeting the requirements of the Code of Conduct, can help private security companies and their clients ensure that private security personnel are qualified, trained, supported, informed, and responsible.

Resources on working conditions

Impact

In 2019, after one of the locals was allegedly beaten to death by the security guards on the farm, Del Monte improved its security and safety practices. The company updated radio communication, trained guards on new formal rules of engagement and enhanced formal processes around allegations of violence. Still, five of the alleged deaths caused by security guards occurred post 2019.

Del Monte has stated that it views these allegations seriously and has launched a “full and urgent investigation” on them. Companies like Tesco have suspended its orders from Del Monte sourced from this farm until investigations are completed. Waitrose too reiterated that all its suppliers should comply with “strict ethical standards”.

Discussion

How can companies proceed to win back the trust of the local community after violent incidents?

How should the security guards of Del Monte have dealt with the individuals they accuse of trespassing? What kind of measures would have made the guards better equipped to deal with this situation?

How can clients and private security companies prevent sexual abuse and the use of force against vulnerable local villagers?

Related incidents

Sources

 

 

This case was prepared by Shilpa Suresh, Graduate Institute of International and Development Studies.