Draft GoA rules for private security contractors

The Associated Press obtained a draft of the policy being discussed by the Government of Afghanistan on security contractors. The document must receive approval from the Cabinet before entering into effect. It notes that "the GOA (government of Afghanistan) has allowed for limited PSC operations and activities. However, increasingly, the absence of targeted regulation ... in parallel with unstable security environment has generated an unfortunate and nearly anarchical PSC market with a long series of security problems and criminal activities." Here are the highlights:

Extensive reliance of PSCs (private security companies), risks deepening the current state of instability in at least 4 ways: MORE

 

1. Creating a false image of security in the short term, distorting proper assessment of security needs;
2. Leading to an uneven distribution of security among populations;
3. Crowding out the establishment of legitimate and functioning state security institutions;
4. Undermining the state monopoly to use force in the absence of effective regulatory and monitoring mechanisms to ensure accountability among all stakeholders.

(A government report) found that in 2007, a total of 59 PSCs were registered with AISA (Afghanistan Investment Support Agency), of which only 35 had complied with the current registration procedures and registered with the Ministry of Interior. Approximately 9,000 personnel (Kabul only) are operating under these PSCs, using a wide range of light and heavy weapons. 

The report further established that in most cases, company addresses was (sic) anonymous or untraceable and that a dozen were directly contracted by international organizations. Under these circumstances, the mission was not successful in conducting a thorough and complete verification of all the operating companies in the country.
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Current and main set of problems related to PSCs:

1. Undermining the rule of law;
2. Lack of legal system and policies regulating the activities of PSCs;
3. Legal shortcomings in the provisions on private sector under the Investment law;
4. Lack of institutional capacity for enforcement mechanisms in parallel with the sudden 'mushrooming' of PSCs in the country;
5. Disguising of a wide range of militia and criminal groups as PSCs, enabled in an environment free of clear guidelines, code of ethics or agreements and administrative corruption."
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In a compromise with the large international community, and its legitimate and high demand for security protection, the GOA (government of Afghanistan) has allowed for limited PSC operations and activities. However, increasingly, the absence of targeted regulation ... in parallel with unstable security environment has generated an unfortunate and nearly anarchical PSC market with a long series of security problems and criminal activities. This prevailing situation has completely changed the perception of many government officials as well as the general public in relation to the delivery of services by PSCs, in a negative direction."

Comments

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Sir

I have read with interest the above article, however, when I treid to read a draft of the policy it keeps taking me to a news page. Any chance of forwarding me a copy? Many thanks.

Alex.

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