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    SEP09

    The Public Cost of Private Security in AfghanistanBriefing Paper

    Jake Sherman and Victoria DiDomenico

    CENTER ON

    INTERNATIONAL

    COOPERATION

    New York University

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    In Pursuit o Sustainable Peace: The Seven Deadly Sins o Mediation

    About the Center on International Cooperation

    The Center on International Cooperation (CIC) at New York University

    works to enhance international responses to humanitarian crises

    and global security threats through applied research and direct

    engagement with multilateral institutions and the wider policy

    community. It has an international reputation or agenda-setting

    work on post-conict peacebuilding, global peace operations, and UN

    reorm.

    CICs Aghanistan Reconstruction Project (ARP) carries out research

    and public education about selected issues related to the rebuilding oAghanistans institutions, society, and economy. The project supports

    eorts by the Aghan government, Aghan civil society, the United

    Nations Assistance Mission in Aghanistan, and donors to carry out a

    more eective reconstruction mission based on the Bonn Agreement

    and the Aghanistan Compact ocused on Aghan ownership.

    About the Authors

    Jake Sherman

    is Associate Director or Peacekeeping and SecuritySector Reorm at the Center on International Cooperation, and a

    member o CICs Aghanistan Reconstruction Project (ARP) team.

    Victoria DiDomenico is a Program Ocer or CICs Peacekeeping and

    SSR Program.

    Acknowledgements

    The authors would like to thank the Royal Government o Norway

    or its generous support o the ARP. We also grateul to Dr. BarnettR. Rubin, Director o ARP, Mark Sedra, and several anonymous peer

    reviewers or their comments on earlier versions o this report. The

    views expressed in this report do not necessarily reect those o the

    Norwegian Government.

    Center on

    International

    Cooperation

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    Executive Summary 01

    Introduction 02

    The Private Security Phenomenon 03

    Afghan Regulation Initiatives 04

    Employing and Empowering Illegal Militias 06

    Rivals to State Authority 07

    The Need for Credible Public Security 09

    Conclusion 10

    Annex

    The Public Cost of Private Security in Afghanistan

    Briefing PaperJake Sherman and Victoria DiDomenico

    Table oContents

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    Center on

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    Cooperation

    Acronyms

    ACOD Armed Contractor Oversight Division

    AGNA ArmorGroup North America

    ANA Aghan National Army

    ANP Aghan National Police

    ANSF Aghan National Security Force

    APPF Aghan Public Protection Force

    ASG Armed Support Group

    CSTC-A Combined Security Transition Command-Aghanistan

    DIAG Disbandment o Illegal Armed GroupsDoD US Department o Deense

    DoS US Department o State

    FDD Focused District Development

    ISAF International Security Assistance Force

    NATO North Atlantic Treaty Organization

    MoI Ministry o Interior

    PRT Provincial Reconstruction Team

    PSC Private Security Company

    PSP Private Security Provider

    SIGAR Special Inspector General or Aghanistan Reconstruction

    UN United Nations

    USAID US Agency or International Development

    USPI US Protection and Investigations

    USSF US Special Forces

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    The Public Cost o Private Security in Aghanistan

    The absence o eective oversight o the private

    security sector in Aghanistan undermines the

    credibility and saety o the Aghan government and

    the international stabilization eort. In September

    2009, an investigation into ArmorGroup North America,

    the private security company (PSC) contracted by the US

    Department o State to protect the US embassy in Kabul,

    Aghanistan revealed misconduct and poor management

    that jeopardized the saety o embassy personnel. Their

    culturally oensive behavior, graphically documented,

    is likely to urther damage Aghan perceptions o PSCs

    and could potentially erode the legitimacy o the United

    States and its allies.1

    The private security industry in Aghanistan has

    grown apace with demand. As o August 2009, the total

    number o private security personnel employed by the US

    Department o Deense the largest employer o private

    security in the country increased 19 percent (rom 4,373

    to 5,198) in response to the deployment o additional

    military orces.2 Since 2001, a range o private security

    providers (PSPs)3 has emerged, including international

    and national PSCs operating with or without the required

    Aghan licensing permits, as well as militias hired as armed

    support groups (ASG) by international military orces.

    Many PSPs are controlled by prominent Aghan amilies,

    including Hashmat and Ahmed Wali Karzai, brothers o

    President Hamid Karzai; Hamid Wardak, the son o Deense

    Minister Rahim Wardak; Gul Agha Shirzai, the governor o

    Nangarhar province; and Hajji Jan Mohammad Khan, the

    ormer governor o Uruzgan.

    The use o unregistered PSCs and militia groups by

    the NATO International Security Assistance Force and

    US military contingents is widespread. Many o these

    PSPs serve as ready-made militias that compete with state

    authority and are requently run by ormer military com-manders responsible or human rights abuses or involved

    in the illegal narcotics and black market economies. Fi-

    nancing armed, alternative power structures ullls secu-

    rity needs in the short-term at the cost o consolidating

    government authority in the long-term.

    PSPs ulfll a need or which there is no clear, immediate

    alternative. There are too ew Aghan National Police to

    provide protection or the sta, premises, and projects o

    the international community and too little condence

    in their ability among most internationals to entrust

    them with protection responsibilities. Better government

    regulation, monitoring, and enorcement by international

    consumers o private security will help ensure that private

    security works towards the stabilization o Aghanistan.

    To date, regulation o PSCs in Aghanistan has been

    more reactive than proactive. The Ministry o Interior

    has issued operating licenses to 39 PSCs under an interim

    licensing procedure designed to limit the transormationo illegal armed groups into PSCs and to prevent their

    involvement in criminality. The interests o Aghan elites

    and the international community have proven an obstacle

    to strengthening and enorcing the existing national

    regulatory and legislative ramework, though new

    regulations and audits by the US Government suggest

    that it may mandate more oversight o PSC contracts.

    The goal should be a private security sector that is bet-

    ter regulated and controlled by the Aghan govern-

    ment and, critically, by the international community that

    constitute their primary source o contracts and revenue.

    Building a credible and accountable public security sector

    is a long-term process, however; one that will not address

    the immediate security needs o international and nation-

    al stakeholders in Aghanistan. Nor, in the longer term, will

    it completely replace the market or PSCs both by the local

    and international community.

    The Public Cost o Private Security in Aghanistan 0

    Executive Summary

    For the purposes o this study, private securityproviders (PSPs) reers to: (i) national and internationalprivate security companies (PSCs), both licensed and

    unlicensed by the Aghanistan Ministry o Interior,and (ii) armed support groups (ASGs) illegal militias

    employed by international military orces.

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    Center on

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    Cooperation

    The Public Cost o Private Security in Aghanistan

    The absence o eective oversight and control o private

    security providers (PSPs)4 employed by the international

    community undermines the credibility and eectiveness

    o the Aghan government, the international military and

    diplomatic presence, and reconstruction organizations.

    Weak regulation and enorcement also strengthen

    alternative power structures, including criminal groups,

    urther undermining the authority o the Aghan

    government and the security o its citizens.

    Militia groups employed by oreign military orces pose

    an even greater regulatory challenge than private

    security companies (PSCs) and do more long-term harm

    to stabilization eorts in Aghanistan. Although there is

    a well-dened legal ramework outlawing militia and

    paramilitary groups, it is unclear whether these laws

    apply to the armed support groups (ASGs) used by

    oreign orces. Nonetheless, these orces are prima acie

    violations o Presidential Decree 50 on demobilization

    and disarmament, the Law on Firearms, Ammunition,

    and Explosives, the Procedure or Regulating Activities

    o Private Security Companies in Aghanistan and the

    Strategy or Disbandment o Illegal Armed Groups

    in Aghanistan.5 Furthermore, many o their military

    commanders are responsible or human rights abuses

    and are involved in criminal activities, including narcotics

    tracking.

    There are also visible indications that the private security

    arena is better armed and better paid than their coun-

    terparts in the Aghan National Security Forces (ANSF).6

    While there are no concrete gures on the amount omoney spent on private security, as contracts are either

    condential or cannot be substantiated, several sources

    within the private security sector and the Aghan gov-

    ernment estimate that 10 - 20 percent o reconstruction

    unding is spent on security.9

    This would amount to USD300-600 million per year, based on current Ocial Devel

    opment Assistance gures; however, this gure does no

    refect the ull scope o contracts rom international mili

    Militia groups employed by foreign military forces pose

    an even greater regulatory challenge than private security

    companies and do more long-term harm to stabilization

    eorts in Afghanistan.

    The Public Cost o Private Security in Aghanistan02

    The Public Cost of Private Security in Afghanistan

    Center on

    International

    Cooperation

    Public Disclosure o Misconduct by

    ArmorGroup North America

    In September 2009, the Project on Government

    Oversight (POGO) publicized gross negligence by

    ArmorGroup North America (AGNA), a private security

    company contracted by the US Department o State

    to protect the US embassy in Kabul. Inappropriate

    conduct by AGNA personnel including hazing, sexual

    misconduct, and drunkenness resulted in complete

    distrust o leadership and a breakdown o the chain

    o command, which jeopardized the security o the

    embassy.7 According to POGO, misconduct was notlimited to a ew AGNA personnel on a ew occasions;

    AGNA has a record o documented, systemic contractual

    violations at the US embassy. During 2007-2008, the

    DoS identied numerous perormance deciencies,

    including insucient numbers o guards, resulting in

    sleep deprivation; poor prociency in English among

    the majority o the guard orce; and victimization

    o Aghan sta. A subsequent investigation by the

    Senate Subcommittee on Contracting Oversight in

    June 2009 ound that, despite the ailure o AGNA

    to redress these shortcomings, the DoS renewed the

    AGNA contract through July 2010, with an option to

    extend to 2012.8 These shortcomings demonstrate

    the ailure o eective oversight and its potential

    consequences; the activities reported also show a

    proound disrespect or local cultural and religious

    norms and Aghan law, urther damaging the local

    perception o PSCs and, potentially, the legitimacy o

    the United States and its allies.

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    The Public Cost o Private Security in Aghanistan

    tary orces, embassies, non-governmental organizations,

    and the private sector. One senior Aghan government

    ocial privately estimated the total spending at three

    times that spent on the Aghan National Police (ANP)

    and Aghan National Army (ANA) salaries.10 I correct, this

    would amount to between USD 6-10 billion.

    Private security adds to the cost o reconstruction in

    Aghanistan. According to the World Bank, contracted

    security increased the cost o highway reconstruction

    projects by 3-15 percent.11 Security concerns are routinely

    cited as the main impediment to implementation o

    development and reconstruction projects, eectively

    stunting the fow o aid.12

    At the same time, amidworsening insecurity, maintaining the delivery o

    reconstruction assistance across the country and the

    willingness o governmental, non-governmental, and

    private reconstruction organizations to deploy sta to

    Aghanistan depends upon the protection services o a

    range o private security entities.

    Indeed, the burgeoning private security sector in

    Aghanistan poses a dilemma. PSPs ulll a need or which

    there is currently no clear, immediate alternative. There are

    too ew ANP to provide protection to the sta, premises,

    and projects o the international community and too

    little condence in their ability among most internationals

    to entrust them with protection responsibilities. Better

    government regulation, monitoring, and enorcement

    by international consumers o private security will help

    ensure that it enables, rather than hinders, the stabilization

    o Aghanistan.

    The Private Security Phenomenon

    Since 2001, the international military orces, reconstruc-

    tion and development contractors, as well as embas-sies, international organizations, and businesses have

    extensively utilized private security. PSPs initially served

    as a surrogate or the Aghan state security sector, but

    the local and international community have yet to su-

    ciently alter their reliance on PSPs as these services and

    structures have become available. There is a wide range o

    PSPs operating in Aghanistan today: rom international

    and national PSCs operating with or without the required

    Aghan licensing permits, to illegal militias hired as ASGs

    by international military orces.

    The main services oered by PSPs in Aghanistan are:

    static guarding o premises and construction projects;

    close protectionl; escorting convoys; security assessment

    and training; intelligence and risk management;

    electronic security and surveillance; and quick reaction

    orces. PSPs have also been contracted or de-mining,

    poppy eradication, supporting the electoral process, andtraining Aghan security orces.13 Although there is little

    public inormation, incidents like that in Kandahar in June

    2009 [See box on Page 8] also suggest the use o private

    security providers or black ops, including detention and

    interrogation.

    The United States, which has the largest military and

    diplomatic presence in Aghanistan, is the largest

    employer o private security in the country. The practice

    o using PSCs to guard US embassies dates to the US

    intervention in Haiti in 1994; using PSCs to guard military

    bases was rare beore September 11, 2001, but has become

    commonplace as troops have been mobilized to ght

    in Aghanistan and Iraq.14 According to the Commission

    on Wartime Contracting in Iraq and Aghanistan, there

    were 4,373 private security personnel on US Department

    o Deense (DoD) contracts and 689 US on Department

    o State (DoS) contracts in March 2009.15

    O these 5,062personnel, 4,402 (85 percent) were Aghan nationals.16 In

    response to the deployment o additional military orces

    the total number o DoD PSC personnel increased 19

    percent (rom 4,373 to 5,198) as o August 2009.17

    0

    Better government regulation, monitoring, and

    enforcement by international consumers of private

    security will help ensure that it enables, rather than

    hinders, the stabilization of Afghanistan.

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    Center on

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    The Public Cost o Private Security in Aghanistan04

    US Government Private Security Contractor Sta in

    Aghanistan, August 2009

    Total US/

    Coalition

    Third

    Country

    National

    Local/Host

    Country

    National

    DoD PSCs18 5,198 19 264 4,915

    DoS PSCs19 689 273 341 75

    There are discrepancies, however. In July 2009, or

    instance, a US military spokesperson stated that the US

    military has 72 contracts or private security at orward

    bases and other local command posts in Aghanistan,

    employing 5,600 mostly Aghan civilian guards.20

    Use o private security by the US in combat zones has

    grown despite congressional legislation and guidance

    stating that PSCs cannot undertake inherently govern-

    mental unctions.21 Employment o PSCs is one aspect

    o a growing trend by the US government to contract a

    broad range o support services (e.g., construction, lin-

    guistics, logistics, transportation). In act, the total num-

    ber o DoD contractor personnel in Aghanistan (68,197)

    now exceeds that o uniormed personnel (52,300). Con-

    tractors comprised 57 percent o the DoDs workorce in

    Aghanistan in March 2009 the highest percentage ever

    used by the US in any confict.22

    Afghan Regulation Initiatives

    While the private security industry in Aghanistan has

    grown apace with demand, regulation has been more

    reactive than proactive. In mid-2007, at least 18 domes-tic and 57 international PSCs were operating in Aghani-

    stan.23 In February 2008, the Aghan Ministry o Interior

    (MoI) Disarmament and Reintegration Commission intro-

    duced an interim licensing procedure or existing PSCs2

    in an eort to limit the transormation o illegal armed

    groups into PSCs and to prevent their involvement in tra

    cking arms and narcotics and other criminal activity.25

    All PSCs then operating in Aghanistan were notied tha

    they had 45 days in which to complete their application

    or a permit. The processing o applications by the Mo

    High Coordination Board o Security Companies Aairs

    was monitored by the United Nations (UN), the NATO

    International Security Assistance Force (ISAF), the Com

    bined Security Transition Command-Aghanistan (CSTC

    A), and various embassies. MoI issued operating licenses

    to 39 international and Aghan-owned PSCs, [See Annexon Page 11] eectively capping the size o the industry.2

    Together these companies account or some 19,260 se

    curity personnel,27 the majority o whom are locally-hired

    Aghan personnel working in Kabul. 28

    PSPs operating without a license have since accused

    the government o avoring companies with ties to

    government ocials an accusation acilitated by the

    notorious corruption associated with MoI. While many o

    the 39 PSCs with licenses are connected to Aghan elites

    according to a ormer ocial amiliar with the process

    those without licenses ailed to submit an application by

    the deadline.29 Some likely assumed they would be able to

    get a license through corruption. When this eventually did

    not work, they began voicing concerns about the integrity

    o the licensing process in order to prevent closure. 30

    The PSC regulation denes the ollowing: illegal activities

    or PSCs (including what might be regarded as state

    unctions, e.g., border protection, securing governmen

    oces); requirements or oreign and local security

    companies to be issued operating and weapons licenses

    terms and conditions o employment includingvetting personnel or past criminal activities and human

    rights violations; guidelines or uniorms; restrictions

    on procurement o equipment and ammunition; and

    While the private security industry in Afghanistan has

    grown apace with demand, regulation has been more

    reactive than proactive.

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    The Public Cost o Private Security in Aghanistan06

    weakness, the vested interests o Aghan elites and

    the international community have so ar proven a key

    obstacle to strengthening and enorcing the existing

    national regulatory ramework or private security and,

    more broadly, the presidential decree outlawing armed

    groups outside o government security orces.34

    Although the Aghan regulation is neither ormalized nor

    comprehensive, only ty other countries have domesticpolicies relating to regulation o PSPs.35 Contracting ac-

    countability on the behal o the international community

    is an issue yet to be ully addressed, however. The United

    States has taken several recent initiatives in an attempt to

    exert greater oversight over its contracts or private secu-

    rity:36

    In February 2009, the DoD established the Armed

    Contractor Oversight Division (ACOD) in Aghanistan

    to implement contractor policies, procedures,

    processes or and liaison with PSCs, as well as

    to investigate incidents involving the use o orce.37

    Aegis, a British PSC was contracted to run ACOD, but

    with limited US Government supervision rom the US

    military.38

    The Special Inspector General or Aghanistan

    Reconstruction (SIGAR) announced on July 31, 2009

    that it was initiating an audit on the use o private

    contractors by the US DoD, DoS, and US Agency

    or International Development (USAID) to provide

    security or reconstruction activities.39

    The DoD Interim Final Rule on the use o PSCs in

    support o contingency operations, released in July

    2009, is a rst step towards mandating more oversight

    and ormalized procedures or PSC personne

    employed by the US Government in designated

    areas o combat. Implementing this policy may prove

    challenging given the heavy dependence o US

    activities on PSPs both within and outside the lega

    parameters.40 The ongoing deployment o additiona

    US and other NATO troops to Aghanistan will urthe

    increase this dependence.

    Employing and Empowering Illegal Militias

    The Aghan government maintains that, through the PSC

    licensing process, it has given conditional permission to

    hire reliable and proessional private security companiesthat can adhere to Aghanistans laws and accepted

    standards to provide security to the ISAF military bases

    embassies, and large economic projects. 41

    ISAF and US Special Forces, which operate outside o the

    ISAF chain o command, employ a range o private security

    providers to augment their security. Employment o PSP

    enables more troops to be sent out on patrol to interact

    with the local population and on combat operations

    (though historically, base security in other theaters has

    been perormed by military police). While ISAF and

    US contingents employ licensed security companies

    in some locations, the use o unregistered companies

    and illegal armed support groups, with little oversight

    or accountability, appears to be widespread among

    international military orces.

    Sources estimate that there are also as many as 1,000 to

    1,500 illegal ASGs that have been employed, trained, and

    armed by ISAF and Coalition Forces to provide security

    to orward operating bases, escort supply convoys, and

    perorm other unctions, as well as by developmen

    agency contractors and provincial reconstruction teams(PRTs) to protect assistance projects.42

    These security providers are requently run by orme

    military commanders with ethnic, political, or kinship ties

    The use of unregistered companies and illegal armed

    support groups, with little oversight or accountability,

    appears to be widespread among international military

    forces.

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    The Public Cost o Private Security in Aghanistan

    Examples o both unregistered private security

    companies and armed support groups employed by

    international military orces:

    In Parwan province, Baghram Airbase employs a

    PSC run by Asil Khan, a ormer Northern Alliance

    commander allied with Haji Almas, a member o

    parliament rom Parwan and ormer Northern

    Alliance military commander.43

    In Uruzgan province, the Australian Deense

    Forces employ a 2000-strong paramilitary orce,

    the Kandak Amnianti Uruzgan (Uruzgan Security

    Battalion), privately run by Col. Mutiallah Khan to

    provide security along the Kandahar-to-Tarin Kowt

    road.44 The same company is also used by US Special

    Forces.

    In Kandahar province, the Canadian Forces have

    contracted deense services rom Gul Agha Shirzai

    (via Commando Security) and Gen. Gulalai, both

    ormer military commanders. Shirzai, currently

    governor o Nangarhar province, was previously

    governor o Kandahar. The Canadian PRT has hired

    the militia o Col. Haji Toorjan, an ally o Sherzai, to

    provide camp security services.45

    In Badakhshanprovince, security or the German PRT

    is provided by Gen. Nazri Mahmad, a ormer Shura-

    i-Nazar commander known to control a signicant

    portion o the provinces lucrative opium industry.

    The use o ASGs or security services is not conned to

    international military orces: in the best documented

    case o a PSC employing militia, US Protection and

    Investigations (USPI) partnered with Northern

    Alliance military commanders like General Din

    Mohammad Jurat to provide their oot soldiers to the

    company. USPI the American owners o which have

    been ederally indicted or raud in the US has held,and continues to hold, contracts with the USAID, the

    World Bank, the Japan International Cooperation

    Agency, the UN, and private businesses.46

    to serving and ormer government ocials and other

    Aghan elite. Many are responsible or human rights

    abuses and are involved in the illegal narcotics and black

    market economies. In the south o Aghanistan, there is

    also a tribal dimension.

    PSPs are associated with the tribe o their leader, (e.g.,

    Kandak Amnianti Uruzgan and its commander Matiullah

    Khan with the Popalzai). In Kandahar, there are Popalzai-

    and Barakzai-aliated PSPs (e.g., those linked to the Karzai

    amily and Gul Agha Shirzai, respectively). 47

    Rivals to State Authority

    The mandate o the Coalition Forces and ISAF is to support

    the Aghan government and the Aghan National Security

    Forces (ANSF). However, by employing ASGs, the interna-

    tional community strengthens PSP power relative to A-

    ghan government institutions. The authority wielded by

    the heads o PSPs surpasses that o provincial governors

    and police chies, as they are better armed and unded.

    This signals to the Aghan public that their security and

    well-being is not a priority. Local commanders and their

    militias are a primary source o insecurity or Aghan citi-

    zens, as they violate basic human rights with impunity.48

    Many o these PSPs continue to serve as ready-made

    militias that compete with the state or otherwise

    protect the power and interests o their commanders.

    The employees or most private security companies

    particularly registered companies based in Kabul are

    hired through an open recruitment process and vetted

    by MoIs Criminal Investigation Department. There isno accountability or sta o PSPs operating outside the

    regulatory ramework. Moreover, illegal PSPs are generally

    the most lucrative option available to ormer combatants

    0

    By employing armed support groups, the internation-

    al community strengthens private security provider

    power relative to Afghan government institutions.

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    The Public Cost o Private Security in Aghanistan

    that have either been excluded rom or ailed by the

    international communitys disarmament, demobilization,

    and reintegration initiatives.49 Many have been lured

    back to PSPs, including those lead by their ormer

    commanders.

    Drug tracking and other criminal activities in which

    commanders may be involved and or which their militiasprovide security is a lucrative source o illegal revenue

    that can then be used to bribe government ocials and

    strengthen shadow structures o authority. Illicit taxation

    o PSPs escorting convoys and other scams on private

    transport and security are also an important source o

    unding or corrupt police and insurgents. The Kandak

    Amnianti Uruzgan, or example, secures protection by

    paying a hety toll to the policeman in charge o the

    road. 50 Although it is transportation and construction

    companies, both international and national, who are

    the main source o protection revenue, private security

    escorts also pay Taliban not to be attacked. According to

    an Aghan intelligence ocial, there are examples o PSPs

    paying as much as 60 percent o their gross prots or

    convoy security to the Taliban and other insurgent-cum-

    criminal groups or protection.51 (An international analyst

    and a private security manager based in Aghanistan

    thought the usual rate was likely much lower, but did not

    discount the practice.)

    Co-opting ormer Aghan military commanders as anti-

    Taliban allies has been a centerpiece o international

    military operations in Aghanistan since the 2001military intervention. The US armed and unded military

    commanders many with egregious human rights

    records in the initial war to overthrow the Taliban. The

    existing system to protect US orces dates rom this period

    As there was eectively no government and hence no

    public security service commanders private militias were

    hired or security. During 2003-2006, these commanders

    and their militias were supposedly dismantled,52 and state

    security orces established. But many o the same military

    commanders still lead the same armed men in the orm o

    ASGs and PSCs, licensed and unlicensed.

    Today, there is an elected government, but the interna

    tional community has not altered its security practices

    PSPs, especially unlicensed security companies and ASGs

    are dependent on short-term contracts with oreign enti

    ties and have no prospect o sustainability. Hence, when

    the oreign entities eventually leave or terminate theicontracts, these PSPs are likely to reocus on illegal eco

    nomic activities and will ght among themselves or mar

    ket share better trained and better armed than beore.

    08

    PSPs are generally the most lucrative option available

    to former combatants that have either been excluded

    from or failed by the international communitys

    disarmament, demobilization, and reintegration

    initiatives.The June 29, 2009 Kandahar Incident

    The challenge posed by illegal militia groups

    employed by oreign armed orces to Aghan state

    authority was demonstrated on June 29, 2009, when41 Aghan nationals employed by an armed support

    group (ASG) an unregistered militia orce run byUS Special Forces (SF) out o Camp Gecko in Kandahar

    killed the chie o police o Kandahar province and veother police ocers. The incident occurred during a

    gun battle inside a government compound ater theASG sought the release o a one o their membersarrested earlier that day. When the provincial attorney

    general reused and called the Aghan National Police,the reght broke out. USSF claimed they could not

    be held responsible or the actions o the ASG, but theincident raised the question o how 41 heavily armed

    men and their vehicles could simply drive out o aUSSF-run base. President Hamid Karzai responded

    to the killing, stating, Such incidents negativelyimpact the state-building process in Aghanistan andweaken the government. 53

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    that the model the old Pashtun tribal militia system

    has been corrupted by war and has no basis elsewhere

    in the country, and that it thereore risks introducing

    more uncontrollable armed groups and stoking ethnic

    tensions.

    Initial evidence suggests that the APPF is neither

    prepared nor willing to tackle the insurgency. Pashtun

    tribes are especially reluctant to provide young men or

    ear o reprisal rom the Taliban.58 There may be a role

    or these groups in combating local crime but this will

    only be eective where there is stable local governance

    and eective local, i not national oversight. The oversight

    mechanism or the APPF has not been adequatelyestablished within the MoI prior to establishing the militia

    groups. There are additional unresolved issues vetting

    o members, ensuring ethnic balance, command and

    control, payment, rules o engagement, policies on arrest

    and detention that need to be resolved beore arming

    and training additional armed groups in Aghanistan. 59

    Without eective public security orces, peace is

    impossible. Yet maintaining and expanding the ANSF is

    prohibitively expensive or Aghanistan, which has current

    annual revenue o some USD 700 million. According to the

    US DoD, expanding the ANA alone will cost between USD

    10-20 billion over a seven year period; recurrent costs have

    been calculated at USD 2.5 billion per year or the ANA

    and USD 1 billion per year or the ANP. Foreign donors,

    principally the United States, supply the overwhelming

    share o nancial support or ANSF.60

    Building more credible public security orces is not

    just a matter o greater investment. Financing armed,

    alternative power structures ullls the security needs

    10

    o international diplomatic, military, and reconstruction

    personnel in the short-term at the cost o consolidating

    government authority and protecting Aghan citizens

    in the long-term. Ending the impunity o powerholders

    whether local or national, will increase public trust in the

    state and Aghans willingness to support it in its struggle

    against insurgents.

    Conclusion

    The majority o Aghans cannot aord private security. The

    existence o a credible and accountable public security

    orce, sized and trained commensurate to the scale and

    nature o insecurity in Aghanistan, would mitigate theneed or international donors to contract billions o

    dollars on the private security industry above all on

    unaccountable illegal companies and armed suppor

    groups. Investing a greater share o current private

    security expenditure on the Aghan National Police would

    help break the cycle o insecurity and insurgency by bette

    resourcing the police, disempowering illegal militias and

    other competitors to the state, and building public trus

    in public security.

    Nonetheless, building a credible public security secto

    is a long-term process; one that will not address the

    immediate security needs o international and nationa

    stakeholders in Aghanistan. Nor, in the longer term

    will it completely replace the market or PSCs. The role

    o the ANA and ANP is not to provide static and convoy

    security; placing them in that role would detract rom

    their essential task o saeguarding public security and

    saety and deteriorate their perormance o these

    responsibilities. The goal, thereore, should be a private

    security sector that is better regulated and controlled

    by the government o Aghanistan and, critically, by the

    international community that constitute their primarysource o contracts and revenue.

    Financing armed, alternative power structures fulills

    the security needs of international diplomatic, military,

    and reconstruction personnel in the short-term at

    the cost of consolidating government authority and

    protecting Afghan citizens in the long-term.

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    AEGIS

    http://www.aegisworld.com/

    United Kingdom

    Armor Group

    http://www.armorgroup.com

    United Kingdom

    ARGS Aghanistan

    Asia Security Group (ASG)

    http://www.asg.a/

    Aghanistan

    Kabul-Balkh Security Services

    http://www.kbss.a/

    Aghanistan

    Burhan Aghanistan

    Blue Hackle

    http://www.bluehackle.com/

    United Kingdom

    Blackwater

    http://blackwatersecurity.com/services.html

    United States

    Commercial Security Group Aghanistan

    Compass Security

    http://ozziewebs.org/compass/contact-us.htm

    Australia

    Control Risks Group

    http://www.controlrisks.com/deault.aspx?page=495

    United Kingdom

    DynCorp

    http://www.dyn-intl.com/

    United States

    Edinburgh International

    http://www.edinburghint.com/

    United Kingdom

    EODT/GSC

    http://www.eodt.com/

    United States

    Four Horsemen/ARC

    http://www.theourhorsemeninternational.com/securitydivision.html

    United States

    GardaWorld

    http://www.garda-world.com/

    Canada

    Global

    http://www.globalsecurity.org/org/index.html

    United Kingdom

    Good Knight Security Services

    http://gkssecurity.com/

    Aghanistan

    HART Security

    http://www.hartsecurity.com/

    Aghanistan

    IDG

    http://www.idg-security.com/

    United Kingdom

    1

    Source: Overseas Security Advisory Council (OSAC) Kabul County Council (http://kabul.osac.gov/)

    Annex: Afghanistan Ministry of Interior-Registered Private Security CompaniesCountry RegisteredCompany Name

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    ISS Aghanistan

    Khorasan Aghanistan

    NCL Aghanistan

    Olive

    http://www.olivesecurity.com/

    United Kingdom

    PAGE Associates

    http://www.pageassociates.net/services.htm

    United Kingdom

    Pride Security Services Aghanistan

    REED Inc

    http://www.reedinc.com

    United States

    RONCO

    http://www.roncoconsulting.com/

    United States

    Saladin

    http://www.saladin-security.com/html/aghan.shtml

    United Kingdom

    Siddiqi Security Aghanistan

    Shield Aghanistan

    SOC - Ag

    http://www.soc-usa.com

    Aghanistan

    Strategic Security Solutions International (SSSI)

    http://www.universalguardian.com/

    United States

    TOR Australia

    Tundra SCAhttp://www.tundra-security.com/#

    Aghanistan

    USPI

    http://uspi.us/

    United States

    UNITY - OSG

    http://www.olympus-security.com/contact_us.html

    Dubai

    WATAN Risk Management

    http://watanrisk.com/

    Aghanistan

    White Eagle Aghanistan

    Annex: Afghanistan Ministry of Interior-Registered Private Security Companies continued

    Source: Overseas Security Advisory Council (OSAC) Kabul County Council (http://kabul.osac.gov/)

    Country RegisteredCompany Name

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    End Notes

    1Project on Government Oversight, POGO Letter to Secretary o State Hillary Clinton regard-

    ing U.S. Embassy in Kabul, http://www.pogo.org/pogo-les/letters/contract-oversight/co-

    gp-20090901.html#18.

    2Commission on Wartime Contracting in Iraq and Aghanistan, At What Cost? Contingency

    Contracting in Iraq and Aghanistan, Interim Report, June 2009, p. 62. http://www.

    wartimecontracting.gov/images/download/documents/reports/CWC_Interim_Report_At_

    What_Cost_06-10-09.pd; US Department o Deense, Contractor Support o U.S. Operations

    in USCENTCOM AOR, Iraq, and Aghanistan, 3rd Quarter FY2009, www.acq.osd.mil/log/PS/p_

    vault/5A_august_3rd_qtr_2009.doc.

    3For the purposes o this study, private security providers reers to: (i) national and international

    private military and security companies, both licensed and unlicensed by the Aghanistan

    Ministry o Interior, and (ii) armed support groups illegal militias employed by international

    military orces..

    4For denition o private security providers as used in this study, see ootnote 2 above.

    5Illegal armed groups are dened by the ollowing Aghan laws and regulations: (i) Presidential

    Decree 50 Legal Prosecution o the violators o the Disarmament and Demobilization process

    (July 2004), which denes as illegal, inter alia, (1) those who maintain their armed groups, military

    and paramilitary units out o Ministry o Deences structure or recruit others to do so; (2) Those

    whose military structures, armed groups and other military and paramilitary ormations within

    MoD structure have been dismantled, but reorganized them again;...(4)Those who entered DDR

    and submitted their weapons, and later enlisted to the ormations out o the MoD.; (ii) the Law

    on Firearms, Ammunition, and Explosives (June 2005), which restricts those institutions that

    may legally acquire, carry, keep, use, purchase, import and export rearms and ammunition to

    the Ministry o Deense, Ministry o Interior, and the General Directorate o National Security; its

    Article 6 (4) provides exemptions or private security companies, as dened by (iii) The Interim

    Private Security Regulation (February 2008). The Strategy or Disbandment o Illegal Armed

    Groups in Aghanistan urther denes as illegal a group o more than ve armed individuals

    operating outside the law, drawing its cohesion rom (a) loyalty to the commander, (b) receipt o

    material benets, (c) impunity enjoyed by the members, (d) shared ethnic or social background,

    United Nations Development Program, Strategy or Disbandment o Illegal Armed Groups in

    Aghanistan, 2006, p. 2.6Following pay reorms, the salary or ANP patrolmen is between USD 100-110 per month; private

    security personnel on basic guard duty earn between USD 200-300 per month. Police salary

    gures rom US Government Accountability Oce, U.S. Programs to Further Reorm Ministry o

    Interior and National Police Challenged by Lack o Military Personnel and Aghan Cooperation,

    March 2009, p. 37; estimates o current PSC salaries rom email communication by author with

    private security ocial in Kabul, on le. See also, The Privatization o Security in Aghanistan

    When nobody guards the guardians, SwissPeace, June 2007, p. 22.

    7Project on Government Oversight, op. cit.

    8Ibid.

    9Estimates provided to author by anonymous sources within the Ministry o Interior and a private

    security company, record on le with authors. This gure is consistent with security expenditures

    in Iraq.

    10Private comments by senior Aghan government ocial to ARP sta, on le with the authors.

    11Nicole Ball, William Byrd, Peter Middlebrook, and Christopher Ward, Improving Public Financial

    Management in the Aghan Security Sector, Report No. 34582-AF, (Washington DC: World Bank,

    2005), p. 29.

    12Oce o the Special Inspector General or Aghanistan Reconstruction (SIGAR), January 30,

    2009 Report To Congress.

    13Unpublished study on the use o private sector security providers in Aghanistan, on le with

    the authors.

    14Commission on Wartime Contracting in Iraq and Aghanistan, op. cit. p. 60.

    15Ibid., p. 62.

    16

    Ibid.17Ibid.; US Department o Deense, Contractor Support o U.S. Operations in USCENTCOM

    AOR, Iraq, and Aghanistan, 3rd Quarter FY2009.

    18US Department o Deense, Contractor Support o U.S. Operations in USCENTCOM AOR,

    Iraq, and Aghanistan, 3rd Quarter FY2009.

    19Commission on Wartime Contracting in Iraq and Aghanistan, op. cit., p. 62.

    20Walter Pincus, Military Weighs Private Security on Front Lines, The Washington Post,

    July 26, 2009,http://www.washingtonpost.com/wp-dyn/content/article/2009/07/25/

    AR2009072501738.html?reerrer=emailarticle. C. Zucchio, op. cit.

    21See, in particular, 110th Congress, Senate Bill S. 3001, National Deense Authorization Act

    or Fiscal Year 2009. http://rwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_

    cong bills&docid=:s3001pcs.txt.pd and Public Law 110-417, Sec. 832, Sense o Congress

    on Perormance by Private Security Contractors o Certain Functions in an Area o Combat

    Operations. http://rwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_

    public_laws&docid=:publ417.110.pd.

    22Moshe Schwartz, Department o Deense Contractors in Iraq and

    Aghanistan:Background and Analysis, Congressional Research Service. August 13, 2009.

    p. 8.

    23 The Privatization o Security in Aghanistan-When nobody guards the guardians,

    SwissPeace, June 2007.

    24In February 2008, the Procedure or Regulating Activities o Private Security Companies

    in Aghanistan entered into orce. The regulation was established pursuant to the drat law

    on Private Security Companies approved by the Council o Ministers in January 2008 (still

    pending beore parliament) and the Law on Weapons, Ammunitions, and Explosives.

    25Ibid., p. 2.

    26MoI is considering procedures to raise the cap on a case-by-case basis. It is also reviewing

    license applications or twelve new private security companies.

    27Unocial Ministry o Interior document, PSCs that have received Temporary Registration

    Licences (FINAL), dated September 21, 2008, on le with author. An alternative gure o

    23,000 personnel is cited in David Zucchio, Deadly contractor incident sours Aghans,

    LATimes, August 13, 2009, http://www.latimes.com/news/nationworld/world/la-g-

    aghan-contractors132009aug13,0,5499394.story. 28Unpublished study on the use o

    private sector security providers in Aghanistan, on le with the authors.

    29Comment provided in communication with authors.

    30Over a dozen private security companies operating without a license were subsequently

    shutdown. See or example, Anthony Loyd, A ride out with the Aghan fying squad on

    its mission to shut down rogue security rms, The Times, October 31, 2007, http://www.

    timesonline.co.uk/tol/news/world/asia/article2774227.ece.

    31Author interview with MoI and UN ocials, on le with the author.

    32Procedure or Regulating Activities o Private Security Companies in Aghanistan, pp.

    29-30. Emphasis added.

    33A Workshop with the UN Working Group on Mercenaries, International Peace Institute,

    New York, July 29, 2009.

    34Presidential Decree 50 Legal Prosecution o the violators o the Disarmament

    and Demobilization process (July 2004). The decree criminalizes acts against the

    Disarmament, Demobilization and Reintegration process and punishes individuals who

    endanger the countrys security, maintain military ormations, armed groups, and othermilitary or militia units outside o the governments security orces, or recruit persons or

    those purposes[.]

    35PMSC Regulation Database. Geneva Centre or the Democratic Control o Armed

    Forces (DCAF), July 20, 2009, http://www.privatesecurityregulation.net/pmsc-regulation-

    1

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    database. At the international level, the UN Working Group on the Use o Mercenaries is currently

    drating a convention on the regulation, oversight, and monitoring o private military and

    security companies the rst o its kind but it is unclear what impact the eventual ratication

    o such a convention would have at the national level. For an overview o extant national and

    international regulatory mechanisms and potential models or the private security industry,

    see James Cockayne et al., Beyond Market Forces: Regulating the Global Security Industry, (New

    York: International Peace Institute, 2009).

    36US Department o Deenses Contractor Support o U.S. Operations in USCENTCOM AOR, Iraq,

    and Aghanistan, 3rd Quarter FY2009, list o improvements to management and oversight o

    DoD contractors contains ourteen separate items.

    37Commission on Wartime Contracting in Iraq and Aghanistan, op. cit., p. 74.

    38Ibid. Aegis does not currently have armed personnel in Aghanistan.

    39Special Inspector General or Aghanistan Reconstruction, Letter rom John Brummet, Assistant

    Inspector General or Audits, OSIGAR, dated July 31, 2009, copy on le with the authors.

    40Private Security Contractors (PSCs) Operating in Contingency Operations, US Department o

    Deense Interim Final Rule, July 17, 2009.

    41Unpublished study on the use o private sector security providers in Aghanistan, on le with

    the authors.

    42Numbers independently provided to CIC by two ormer UN ocials. The United Nations

    estimated in 2005 that there were nearly 5,000 militias nationwide -- upwards o 120,000

    armed individuals. To date, only some 300 militia groups have been disarmed or their members

    arrested. In most districts, local commanders still remain in power and beyond the law.

    43Asil Khans brother reportedly owns a cement actor with extensive contracts or construction

    at Baghram airbase.

    44Mark Dodd and Jeremy Kelly, ADF plays down warlords role on crucial supply chain, The

    Australian, April 28, 2009.

    45Mike Blancheld and Andrew Mayeda, Military hires ormer Aghan ghters as security guards,

    CanWest News Service, November 22, 2007; Blancheld and Mayeda, The civilian presence in

    modern warare, The Ottawa Citizen, November 19, 2007.

    46See The Privatization o Security in Aghanistan When nobody guards the guardians,

    SwissPeace, June 2007; Daniel Schulman, The Cowboys o Kabul, Mother Jones, July 27, 2009

    http://www.motherjones.com/politics/2009/07/cowboys-o-kabul.

    47That the chie o police and the armed support group involved in the June 29, 2009 incident in

    Kandahar were rom rival tribes was a probable actor in the escalation.48See or example, Fatima Ayub, Antonella Deledda, and Patricia Gossman, Vetting Lessons or

    the 2009-10 Elections in Aghanistan, Intern ational Center or Transitional Justice, New York,

    January 2009.

    49Disbandment o Illegal Armed Groups in Aghanistan, DIAG Evaluation, 22 April 2009, on le

    with authors.

    50Jeremy Kelly, The Long Road to Tarin Kowt, The Australian, April 28, 2009. According to

    the article, Matiullah receives at least $US1700 a truck to ensure each convoy arrives at its

    destination saely; with about 200 trucks a month going to Tarin Kowt is worth nearly USD

    340,000/month.

    51Private comments by senior Aghan government ocial to ARP sta, on le with the authors.

    52Ater the all o the Taliban, Northern Alliance militia groups were organized into the Aghan

    Military Force. This orce was the target o disarmament, demobilization, and reintegration

    under the Aghanistan New Beginnings Program, which ran rom 2003-2006. It was succeed by

    the DIAG program, which targeted illegal, independent militias that remained.

    53

    Richard A. Oppel, Jr., Aghan Security Guards Are Blamed in a Gun Battle That Killed a PoliceChei, New York Times, June 30, 2009. Additional details o incident provided to author by

    anonymous source, record on le with authors.

    54Between 2007-2009, 1,504 ANP were killed in action, compared to 568 ANA soldiers. Factbox

    Aghanistan National Security Forces,Reuters, March 27, 2009. http://www.reuters.com/article/

    latestCrisis/idUSISL112818.

    55David Kilcullen, interviewed by George Packer, Kilcullen on Aghanistan: Its Still Winnable, But

    Only Just, The New Yorker, 14 November 2008, via http://www.newyorker.com/online/blogs

    georgepacker/2008/11/kilcullen-on-a.html.

    56 To rectiy this situation, police units are now being retrained through the Focused Distri

    Development program, which, though in its early stages, has shown promising results. I

    February 2009, the US Department o Deence assessed 19 percent o retrained units as capabl

    o conducting missions on their own and 25 percent as capable o doing so with outside suppor

    But, again, without enough trainers, rolling out the program countrywide will be impossible

    Government Accountability Oce, Aghanistan Security: U.S. Programs to Further Reorm

    Ministry o Interior and National Police Challenged by Lack o Military Personnel and Aghan

    Cooperation, March 2009.

    57A letter sent to the international and national business community in Aghanistan, dated

    February 9, 2008, inormed o the new security company regulations, stating Clients wishing to

    hire Security Service Providers may approach the existing registered 39 companies or approach

    the Ministry o Interior to provide services through the Public Guard Force at cost to the client.

    Copy on le with the authors. The Public Guard Force resembles, albeit on a smaller scale and

    ideally, with greater oversight and control, the Facilities Protection Service established in Iraq

    ollowing its consolidation and transer to the Iraqi Ministry o Interior payroll.

    58Author interviews, Kabul, April 2009. Also see CJ Radin, The Aghan Public Protection Forc

    pilot program is underway, Long War Journal, March 25, 2009, via http://www.longwarjourna

    org/archives/2009/03/aghan_public_protec.php; Anand Gopal, Lessons rom Iraq? US create

    local militias to ght Taliban, Christian Science Monitor, April 13, 2009, via http://www.csmonito

    com/2009/0413/p06s10-wosc.html; Dexter Filkins, In Recruiting an Aghan Militia, U.S. Face

    Test, The New York Times, April 14, 2009, via http://www.nytimes.com/2009/04/15/world

    asia/15aghan.html?_r=1&scp=2&sq=Filkins&st=nyt.

    59Author interviews, Kabul, April 2009.

    60In 2005, Aghanistan spent 56.5 percent o GDP on the security sector. Eighty percent o

    overall security expenditure in Aghanistan was directly executed by donors or their contractor

    through the external budget, instead o going through the core budget process o the Ministry

    o Finance. Ball et al., op cit., p. 23. (These gures do not represent the authorized increase in size

    o ANA and ANP; as a result, the percentage o external expenditure has likely increased.)

    14

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