Author: barneyc
In response to heavy fighting that has seen the loss of over 400 lives in Sudan in recent days, Josie Stewart, Director of Transparency International Defence and Security Director, said:
What we are seeing in Sudan is an example of what can happen when security sector reform fails.
Following a coup in 2021, the Sudanese army shared power with the Rapid Support Forces (RSF), an independent paramilitary force with significant political and fighting power.
In December, all parties agreed to transition to a democratically elected government and integrate the RSF into the regular army. But tensions arose around the timeline for integration and the chain of command.
Without this critical agreement on reform of the country’s security sector which would build and strengthen the accountability and governance of the Sudanese armed forces, Sudan and its people are now facing civil war.
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Negotiations have been taking place in Geneva this month around the control and accountability of private military and security companies (PMSCs). Transparency International Defence and Security’s Ara Marcen Naval contributed to the discussions in Switzerland. Here she delivers a call to action to other civil society organisations.
As an NGO committed to promoting transparency and accountability in the defence and security sector, Transparency International Defence and Security (TI-DS) is deeply concerned about the corruption risks associated with the activities of PMSCs. These groups, while playing a role in enhancing security in some cases, often operate in secrecy, outside standard transparency and accountability structures. This permissive environment creates opportunities for corruption and conflict to thrive, deprives governments and citizens of financial resources, and undermines security and human rights.
I write having participated last week in the discussions of the Open-Ended Intergovernmental Working Group on PMSCs. This fourth session was convened to discuss a new draft of an international instrument to regulate the activities of PMSCs. This is a critical platform for addressing these concerns and others related to companies’ human rights obligations. There are various questions: how to ensure their activities comply with international humanitarian law? Should these companies be allowed to participate directly in hostilities?
The PMSC industry is a rapidly evolving and intrinsically international one, with a well-documented link to global conflict. The lack of regulatory oversight has led to heightened global risks of fraud, corruption, and violence, with little in the way of accountability mechanisms at both the national and international levels, so progress at a global level is key.
Current initiatives to try and regulate the market, such as the Montreux Document and the International Code of Conduct for Private Security Service Providers, are a step in the right direction. However, these initiatives have limited support among states around the world. They do not cover some key military and intelligence services and exclude some important anticorruption measures. TI-DS thinks these initiatives don’t go far enough to address the risks posed. We are hopeful that the efforts of the working group will provide a much-needed stronger set of enforceable standards.
TI-DS welcomes the progress made in the revised draft discussed last week, including references to the UN Convention Against Corruption and the UN Convention against Transnational Organised Crime. These references are essential steps towards policy and legal coherence, aligning efforts to regulate PMSCs with international legal obligations related to corruption and transnational organised crime.
While in Geneva I continued to propose ways that the text of the draft instrument can better incorporate anticorruption standards, including transparency of contracts and beneficial ownership, and through the recognition of corruption-related crimes as well as human rights abuses.
But we are deeply concerned about the overall lack of engagement. The room was almost empty, with many states not attending the discussions and a general lack of civil society actors actively following this critical process – prospective changes that could significantly impact conflict dynamics, international security, human rights and respect for international humanitarian law.
This is the Geneva Paradox. Other similar processes, like those related to business and human rights or others trying to get a grasp of new types of weapons systems, are filling the rooms of the United Nations, with both states and civil society in attendance. We feel that this process – which is attempting to regulate the activities of PMSCs to stop the trend of these corporate actors becoming rogue actors in wars and conflicts around the world – deserves equal attention.
In September, the Human Rights Council will set the agenda for this issue going forward. We hope that more states and civil society organisations join efforts in the coming period to give this issue the critical attention and scrutiny it deserves.
A working group of the United Nations assembled in Geneva, Switzerland on April 17, 2023 to evaluate and negotiate regulation of private military and security security companies (PMSCs).
Transparency International Defence and Security Head of Advocacy Ara Marcen Naval joined and delivered the following statement:
Mr. Chairperson rapporteur, distinguished delegates,
I stand before you today at this crucial discussion to bring to your attention, and consideration, the corruption risks linked to the activities of Private Military and Security Companies (PMSCs) with a sense of urgency and resolve. PMSCs can play an important role in government efforts to enhance security, but they often operate in secret and outside standard transparency and accountability structures. This dynamic provides a permissive environment for corruption and conflict to thrive and deprives governments and its citizens of financial resources and security.
The Defence and Security Programme of Transparency International welcomes the progress made in the revised draft and the changes made to include references to the Convention Against Corruption and Convention against transnational crime. These references are important steps towards policy and legal coherence and to ensure that the efforts to regulate the activities of PMSCs align with the international legal obligations in relation to corruption and transnational organised crime.
Corruption and the unchecked actions of PMSCs have far-reaching consequences, eroding the rule of law, undermining human rights and security, and threatening the legitimacy of governments. It corrodes public trust, undermines democratic institutions, and creates a culture of impunity that breeds more corruption. It can also weaken the fabric of societies, divert resources meant for development, and perpetuate inequality and injustice.
Transparency International has identified dozens of cases in which PMSCs are suspected of involvement in corruption and fraud. Some of the most concerning cases involve PMSCs colluding with government officials to inflate threat perceptions to win or sustain contracts. In one case, this action led to excessive use of force against protesters resulting in unnecessary injuries to civilians and security forces.
Transparency International has also raised concerns about some of the practices of PMSCs failing to disclose conflict of interests that could undermine government decisions, or even threaten national security.
In some cases multinational PMSCs have fuelled corruption by requiring local partners to pay kickbacks for participating in government funded contracts.
In these cases, the opaque arrangements prevalent in the sector make it extremely difficult to ascertain chains of command, responsibilities and levels of coordination among the different security actors, and undermine monitoring efforts and accountability. Furthermore, it is usually difficult to find public confirmation of the nature of the contract and the identity of subcontractors in the event that they are hired.
We hope that during the discussions on the potential instrument, the distinguished delegates will confront the implications corruption has and the abuses of PMSCs head-on and work together to prevent, detect, and punish corruption in all its forms. Transparency and reporting are the greatest steps that states can take to allow for effective monitoring and oversight of private military and security companies and other actors providing security services in order to effectively prevent, address and remedy any abuses committed.
Distinguished delegates, the stakes are high. The impact of corruption and the actions of PMSCs are felt by communities around the world, often with dire consequences for the most vulnerable among us. The fight against corruption and the responsible use of PMSCs requires our unwavering commitment and concerted and holistic action. Thank you.
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The victims of human rights abuses associated with private military companies (PMCs) are often left with no access to justice because of the lack of transparency in PMC contracts.
At the latest International Anti-Corruption Conference in Washington, the UN’s independent expert on mercenary groups, Dr Jelena Aparac, elaborated in this short video why action is needed.
Responding to the recently published US Strategy to Prevent Conflict and Promote Stability, Josie Stewart, Director of Transparency International Defence and Security, said:
The new strategy suggests that American policymakers are increasingly recognising the importance of anti-corruption approaches in confronting conflicts around the world.
With the long history of corruption fuelling conflicts, US and global policymakers must treat corruption as an urgent and permeating concern.
The path to peace and stability can only be built on concrete foundations. These should begin with anti-corruption efforts in defence – the sector most fundamental to safeguarding security.
press@transparency.org.uk
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Responding to United Nations Security Council statements on security sector reform, Josie Stewart, Director of Transparency International Defence and Security, said:
There’s a lot to like about statements on security sector reform made by members of the UN Security Council last week.
Security sector reform is at least as much political as it is a technical process – governance and integrity are key.
And security sector reform is successful when it is inclusive – the participation of local communities is essential. Civil society has a key role to play in addressing corruption in defence and security.
press@transparency.org.uk
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Responding to the latest annual data on global arms transfers, published by the Stockholm International Peace Research Institute (SIPRI) this month, Sara Bandali, Transparency International Defence and Security Director of International Engagement, said:
While international arms sales have decreased over the last decade, the bloody legacies of corruption in arms transfers linger.
Across Africa’s Sahel region, national weapon stockpiles have been depleted, with the corrupt diversion of arms bolstering groups such as Islamic State and Boko Haram. Killing of civilians and sexual and gender-based violence perpetuates, with the people of countries such as Nigeria and Mali left no safer by the arms that have entered their nations.
These risks are not constrained to the Sahel. Our latest Government Defence Integrity index shows almost half (49 per cent) of global arms imports are going to countries facing a high to critical risk of defence corruption.
Governments should strengthen transparency and accountability in arms transfer decision making to meet the reporting obligations of the Arms Trade Treaty. The scrutiny of lawmakers, auditors and civil society can deliver arms deals that truly enhance security.
press@transparency.org.uk
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Responding to the new US Conventional Arms Transfer Policy, Josie Stewart, Director of Transparency International Defence and Security, said:
America’s new arms transfer policy represents the first full acknowledgement of the role corruption plays in undermining US efforts to enhance partners’ military performance.
This is a significant step forward. The US has committed to assess both the accountability mechanisms of partner security sector institutions and the risk of US arms transfers fuelling corruption. The effectiveness of these new provisions will hinge on the steps the US takes to obtain and use information on corruption risks associated with arms transfers.
Transparency International’s Government Defence Integrity index should provide a starting point. We look forward to advising the US Government on implementation, supporting a safer America, and a safer world.
press@transparency.org.uk
+ 44 (0)20 3096 7695
Out of hours – Weekends; Weekdays (UK 17.30-21.30): +44 (0)79 6456 0340
We know that corruption can be gender-specific in both form and impact. We know that it can perpetuate sexual and gender-based violence and gender inequality, and we know that the risks of this are highest in conflict, defence and security realms.
Sexual forms of corruption – often labelled as ‘survival sex’ – are commonplace in conflict, peacekeeping missions and humanitarian crises, with security and humanitarian individuals and groups among the main perpetrators.
Women’s exclusion from peace processes also undermine efforts to promote anti-corruption.
In response, we are leading the development of new approaches to integrate a gender-perspective across our work and the work of others at the intersection of conflict, defence and security, and corruption.
#InternationalWomensDay
A forum tracking progress towards the 2030 sustainable development agenda has been taking place in Niger this week. With matters of security preoccupying policymakers and the public across the region, the moment has come for commitments made by United Nations members to be translated into action.
The aim of the ninth Africa Regional Forum on Sustainable Development is to take stock of how far countries have progressed towards the implementation of five of the Sustainable Development Goals (SDGs), an ambitious set of development targets to be met by 2030.
However Goal 16, “Peace, Justice and Strong Institutions”, is not part of the review, although the security challenges facing countries including Niger, Nigeria and Mali should serve to remind delegates of the urgent need to address corruption-related risks to defence and security.
Goal 16 includes commitments to fight corruption, increase transparency, tackle illicit financial flows and improve access to information to achieve peaceful societies. Without meaningful action to reduce corruption, little progress will be achieved in the five SDGs selected for discussion: Goals 6 (clean water and sanitation); 7 (affordable and clean energy); 9 (industry, innovation, and infrastructure); 11 (sustainable cities and communities); and 17 (partnerships for the Goals).
Corruption, organised crime, the use of illicit financial flows to fund terrorism and violent extremism and forced displacement of people threaten to reverse much development progress made in recent decades. Mali is a case in point. Impunity to corruption, terrorism, drug trafficking and other forms of transnational organised crime undermine stability and development.
In Nigeria, where high-profile elections have been fought in recent days, memories of the deadly End SARS protests continue to linger.
Elsewhere conflicts and instability add to natural disasters, causing untold human suffering. Our ability to prevent and resolve conflicts and build resilient, peaceful and inclusive societies has often been hampered by endemic and widespread corruption.
We must take action and do so by embracing a “whole-of-society approach,” fostering dialogue, cooperation, and partnerships between state and non-state actors to promote transparency, accountability, and effective oversight, in line with Goal 16 of the SDGs.
Failing to take action on SDG 16 following the forum would be a missed opportunity, especially when coordinated efforts and commitments are needed from states in and out of Africa, to address the complex problem of corruption and its threat to human lives.
Jacob Tetteh Ahuno, Projects Officer, Ghana Integrity Initiative; Mohamed Bennour, Transparency International Defence and Security Project Manager; Ara Marcen-Naval, Transparency International Defence and Security Head of Advocacy; Bertha Ogbimi, Programme Officer, CISLAC; Abdoulaye Sall, President of CRI 2002
Image: Lagos, Nigeria, during the End SARS protests of October, 2020.
Russia’s war in Ukraine has made slow progress amid a catalogue of corruption-related blows to the morale of its military. Josie Stewart and Joseph Moore chart the stalling of long-standing attempts to control Ukraine.
When Vladimir Putin launched Russia’s invasion of Ukraine in the early hours of that cold February morning a year ago, his plan represented a shock and awe offensive, aimed at encircling the capital Kyiv until the capitulation of the Ukrainian army and, eventually, the annexation of Ukraine. Even amongst Western observers, there was scepticism that Ukraine could effectively counter Russia.
This was the next step in a strategy which had already seen Putin spend two decades trying to control Kyiv through weaponised strategic corruption: enriching pro-Russian oligarchs in Ukraine such as Dmytro Firtash or Viktor Medvedchuk, who in turn bought up news channels, bankrolled political parties, and steadily built up Ukraine’s political and economic dependence on Russia.
But when corruption is used as a weapon, it can backfire.
Up until recently, the Russian army was praised as one of the world’s most powerful militaries. Today, one year on from the escalated invasion, having already suffered staggering loses with an estimated 200,000 dead and wounded soldiers, Russia’s ill-predicted quick victory seems a long way away.
There is no question that the war has not gone as Putin hoped. How much of this is because a reliance on corruption has come back to bite him?
Back in 2008, Russia embarked on the task of modernising its military forces. This process entailed a rapid increase in defence spending: 175 per cent growth from 2000-2019, according to Stockholm International Peace Research Institute. This peaked in 2016 at 5.5 per cent of gross domestic product (GDP). That’s a lot of spending in a context where public sector corruption is rife.
Our most recent Corruption Perceptions Index ranked Russia 137th out of 180 countries and Russia’s military is not immune. Our Government Defence Integrity Index 2020 assessed Russia’s defence sector as being at high risk of corruption, due to the extremely limited oversight of defence-related policies, budgets, activities and acquisitions, in conjunction with high levels of opacity in defence procurement.
As a result, bribe money intended to buy a Ukrainian coup was stolen before it could leave Russian hands, soldiers on the front line were provided with ration packs seven years out of date, crowdsourcing for body armour was required for troops not properly equipped for the war, fuel was sold on the black market before it could power Russian tanks and supply chains failed. Ultimately as a result of this all – Russian morale suffered.
The UK Ministry of Defence’s intelligence updates further supported this and flagged ‘corruption amongst commanders’, with the “Russian military… consistently [failing] to provide basic entitlements to troops deployed in Ukraine… almost certainly contributing to the continued fragile morale of much of the force.” The Head of Ukraine’s National Agency on Corruption Prevention of Ukraine (NACP) also expressed his “sincere gratitude” to Russian Defence Minister Sergei Shoigu – who is alleged to own property worth at least $18 million (somehow reportedly acquired on his official annual salary of $120,000) – for the “invaluable contribution” Russian embezzlement had provided in better enabling the defence of Ukraine.
In contrast to the corruption-related problems that have plagued the effectiveness of Russia’s Army from the start, Ukraine has invested in improving oversight and accountability, action initiated following the annexation of Crimea in 2014. Our colleagues at the Independent Defence Anti-Corruption Committee (NAKO) have been working closely with the Ukrainian Government on this since 2016. Ukraine is continuing to fight corruption at the same time as fighting on the battlefield. With the stakes this high, they know they must win on both fronts.
At Transparency International Defence and Security we have long argued that a failure to strengthen defence governance together with increases in defence spending increases the risk of corruption – and that corruption in defence undermines military effectiveness. In other words: it’s not just how much you spend that determines the outcome. Russia’s challenges in Ukraine only reinforce this argument.
Responding to reports of new security aid for Ukraine, Josie Stewart, Director of Transparency International Defence and Security, said:
Fresh security assistance for Ukraine is welcome, but history has taught us that aid packages of the size being pledged in recent weeks carry significant risk.
So far there is limited information about the defence companies delivering assistance to Ukraine, what influence they carry, and what measures they are taking to reduce corruption.
There is also always a risk that arms will end up in the wrong hands as the war continues.
Civilian oversight of military assistance is integral to robust defence governance and the strengthening of institutional resilience that is necessary to manage these risks.
This should be a shared responsibility between donor countries and Ukraine.