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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.

 

 

 

 

 

 

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 137^th 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.

In response to the EU-NATO joint declaration on co-operation in responding to common security threats, Josie Stewart, Director of Transparency International Defence and Security, said

The war in Ukraine has renewed focus on collective defence. The security of the European Union depends on effective, transparent and accountable defence institutions, capable of guarding against corruption risks and consolidating mutual trust among member states.

While EU member states have in place many strong structures for enabling good governance in defence sectors, our Government Defence Integrity Index highlights vulnerabilities that exist in defence procurement systems in nations as diverse as France, Hungary and Poland.

The EU-NATO Declaration made this month acknowledges the importance of transparency in terms of joint decision making between the two organisations and member states. To ensure opportunity for oversight and civil society engagement, it is crucial that these principles of transparency and openness are fully upheld.

The EU as an institution also has a responsibility to ensure understanding and mitigation of corruption risk is built into its security processes and actions.

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Private Military and Security Companies (PMSCs) are a growing presence globally. They act as ‘shadow armies’, operating without transparency and free from legal accountability for their actions in conflict zones around the world.

Since the US-led wars in Afghanistan and Iraq, the industry has expanded from an estimated value of US$100 billion in 2003 to US$224 billion in 2020.

Such is the power PMSCs wield, there is an urgent need for United Nations members states to collectively commit to regulate, investigate and prosecute misconduct by these firms.

It is against this backdrop that Transparency International Defence and Security is bringing policymakers together at a hybrid event, open for registration now, to highlight this issue and catalyse change.

Many of the largest PMSCs were founded in the United States and Europe. But sophisticated PMSCs are increasingly being established in a variety of countries ranging from Australia to China, India to Israel, and Turkey to the United Arab Emirates (UAE). The Russian Wagner Group is operating in many African countries and the network’s grip on matters of national security is tightening.

PMSCs are not merely providing ‘bodies’ and direct combat services. They sell services such as intelligence, surveillance and cyber security. This expansion in services has elevated corruption and conflict risks in many countries with critically weak protection to guard against defence and security sector corruption.

Required response

In response to these trends, a United Nations Intergovernmental Working Group on PMSCs is debating an international framework to regulate their activities.

Currently the internationally supported but non-binding Montreux Document encourages countries to refrain from hiring PMSCs that have a record of engaging in bribery and corruption, among other crimes. While it is a step in the right direction, it lacks teeth.

Some countries, such as the United States, Australia and New Zealand are also exploring new regulations and laws at national level.

These are positive moves. However, until international and national legislation is formally agreed upon, the kind of law-breaking carried out by PMSCs such as land grabs facilitated through corruption and violence against civilians,  documented in our latest research paper, will continue.

In Washington this month Transparency International Defence and Security will be convening a workshop to galvanise international support for anti-corruption standards for PMSCs. Chaired by Transparency International co-founder Peter Conze, the event is being held as part of the influential International Anti-Corruption Conference.

We will be making the case for the UN to establish:

• Clear complaint mechanisms and standards to protect whistle blowers
• A requirement of reporting on beneficial ownership of PMSCs and subcontracting by PMSCs
• Increased transparency of contracts and enhanced reporting on exports of PMSC services to enable external oversight and accountability, including procurement and transfers of weapons and equipment in line with arms control requirements
• Heightened oversight at the higher level of states institutions. For example, the State and Defense Department should establish accessible whistleblowing channels and regularly monitor their use, at a minimum

As the event is being held in Washington, we will also share a roadmap for progressing US legislation, highlighting the need for:

• The definition of defence services to be expanded to include combat activities and potentially intelligence services, so that US companies and individuals must obtain US government authorisation (or a licence) to export such services
• More detailed reporting to Congress on defence service exports, including listing the specific types of authorised defence service and associated dollar value for each country
• Enhanced policy guidance for the State Department to assess the risks of corruption before approving a contract or license for PMSC services abroad

It’s time for PMSCs to be brought out of the shadows. Join us.

In response to reports the United Kingdom’s new National Security Bill could offer ministers immunity from enabling torture abroad, Josie Stewart, Director of Transparency International Defence and Security, said:

“If the UK wants to maintain its leadership role advocating for integrity in military institutions worldwide it must maintain the same stringent accountability standards in its operations abroad as at home. Cases of wrongdoing and malpractice must be investigated and prosecuted through formal processes, without undue political influence.”

By Dr Jelena Aparac, the UN’s Independent Expert on its Working Group on the Use of Mercenaries and Ara Marcen Naval, Head of Advocacy at Transparency International Defence and Security.

The Russian network Wagner, which has spawned shadowy mercenary groups operating in conflict zones around the word, has just opened its first headquarters in Saint Petersburg.

From the battlefields of Ukraine to the ongoing conflicts in South Sudan and the war in Yemen, private military security companies and their corporate partners are flourishing from conflict. Despite the deadly force they fuel, these firms remain subject to scant regulation and accountability.

Next week [December 1 – December 2], the United Nations will stage talks on the dangers posed by the Wagner network and other private military and security companies. Governments recognised and began talking about the need to better regulate the activities of non-state security outfits back in 2008. Well over a decade on, they’re still talking.

In that time, the industry has grown to be worth US$224 billion. That figure is expected to double by 2030. New groups are proliferating, seizing on opportunities to make money from conflict hotspots.

Russian contractors, subject this summer to gold smuggling investigations in Sudan. Wagner, perhaps the world’s most notorious network operating in this sector – often through elusive and locally-registered companies that use an alphabet soup of opaque brand names – has meanwhile been accused of murdering civilians in Central African Republic, in Libya, and more recently in Ukraine.

Latest research from Transparency International Defence and Security underscores the myriad threats that leaving this growing sector unregulated pose on a global level.

Contractors are expanding their sales of surveillance, armed security and military training to many countries around the world, often including nations that have critically weak protections against defence sector corruption.

This growing industry, while sometimes providing necessary or benign support to the keeping of security and safeguarding of rights, has the potential to infringe international law, and insufficient oversight and regulation risks personnel engaging in corrupt conduct or human rights abuses.

Recent reports point to firms perpetrating suspected war crimes in Mozambique. In Libya and Yemen, claims have been made that groups are engaging in cyber-attacks against political opponents, human rights activists, and journalists, and almost always linked to the exploitation of natural resources.

As firms seek to expand opportunities, they are increasingly taking on activities in new areas, such as security around border controls and for mining industries. These often require technical and logistical support, opening the door to bribes to politically connected sub-contractors.

This outsourcing of one of the primary responsibilities of the state, the provision of security, is worrying. And efforts to respond to the risks are falling flat.

Initiatives such as the publication of the Montreux Document, which outlines the theoretical and non-legally binding responsibilities of states, have proven out of step with the risks posed, largely due to the non-binding nature. Similarly, the industry’s Code of Conduct only encourages voluntary standards to be upheld by the companies it audits and certifies.

With the ever-accelerating rise of Wagner, the time to move from words to the establishment of robust international rules and regulation that provide transparency and accountability for victims around the globe has surely arrived.

Responding to reports related to Wagner interference in the US mid-term elections, Transparency International Defence and Security Director Josie Stewart said:

“Russian private military security contractors (PMSCs) are critical to the geopolitical goals of the Kremlin. Beyond providing frontline force, logistical support and targeted surveillance, groups such as these from Russia and around the world are now expanding their services to cyber and disinformation warfare. The lack of a clear legal architecture provides a licence to PMSCs around the world to take further steps in this direction. As set out in our report Hidden Costs – US Private Military and Security Companies and the Risks of Corruption and Conflict, there is a pressing need to regulate, investigate and where necessary prosecute these private military and security companies, ensuring they are always held accountable for their actions.”

 

press@transparency.org.uk
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Work is underway to shape policies necessary for the prevention of further coups in Mali, following two recent military takeovers of the west African nation.

Mali has been operating under what leaders have described as a period of “transitional” military governance since August 2020, with elections repeatedly delayed.

Transparency International is embarking on a new project aimed at establishing policies that would prevent future coups being carried out and see corruption threats mitigated in the nation’s defence and security sector, assessed as “high risk” through our Government Defence Integrity Index.

The initiative supported by the United Nations Democracy Fund aims to empower ordinary Malians and their civil society organisations to “exercise oversight” and engage with government representatives and defence institutions in reforming defence governance.

Legislative foundations will be laid in preparation for the resumption of parliamentary work following a two year hiatus that has seen female representation in positions of political influence shrink to zero.

‘Power to convene’

The project will be delivered through a partnership between Transparency International’s national chapter — CRI 2002 — and TI-UK.

Working together we combine national level civil society legitimacy, contextual understanding and power to convene with global expertise in corruption in the defence sector.

We will partner with local journalists and with a civil society network — the CSO Forum created under the previous UNDEF project — while expanding the project’s reach to all 10 of the country’s regions.

We will present policy recommendations to the National Transition Council (NTC), with whom we are already engaged, to integrate into legislation once the National Assembly resumes.

Three-pronged approach

Our approach is underpinned by three activities:

• In-depth research into the role that corruption can play in facilitating military coups. The paper we produce will identify policy recommendations to anticipate and prevent future coups in Mali. It will also signpost risks to other countries facing similar challenges.
• Analysis of the defence sector’s performance during the COVID-19 emergency. Our briefing will focus on the impact of corruption during emergencies and how it undermines the country’s capacity to respond to disasters. The analysis will include policy recommendations that can inform disaster risk reduction (DRR) interventions.
• An advocacy program for CSOs to facilitate engagement with the National Transition Council and defence institutions. This will encourage integration of policy recommendations into legislation.

 

New research from Transparency International Defence & Security warns of high corruption risk across CEE region

 

December 9 – Decades of progress towards greater democratisation across Central and Eastern Europe (CEE) threatens to be undone unless urgent steps are taken to safeguard against corruption, new research from Transparency International warns.

The Government Defence Integrity Index (GDI) finds more than half of the 15 countries assessed in the region face a high risk of corruption in their defence and security sectors.

Released today, Progress [Un]Made identifies region-wide issues which provide fertile ground for corruption and the deterioration of governance. These include weak parliamentary oversight of defence institutions, secretive procurement processes that hide spending from scrutiny, and concerted efforts to reduce transparency and access to information.

These issues are compounded by the huge amounts of money involved, with spiralling military expenditure in the CEE region topping US$104 billion in 2019 as many states continue to modernise their defence and security forces. The 15 states featured in the report are responsible for a quarter of this total with the majority increasing their defence budgets in the last decade.

 

Natalie Hogg, Director of Transparency International – Defence & Security, said:

“Following major strides towards more robust defence governance in Central and Eastern Europe, many of these results should be a cause for concern. Corruption and weak governance in the defence and security sector is dangerous, divisive and wasteful. While it is encouraging to see a handful of countries score well the overall picture for the region is one of high corruption risk, especially around defence procurement – an area responsible for huge swathes of public spending.”

 

The GDI provides a detailed assessment of the corruption risks in national defence institutions by scoring each country out of 100 across five key risk areas: financial, operational, personnel, political, and procurement. Highlights from the CEE results include:

• Average score for the region is 48/100, indicating a high risk of corruption.
• Montenegro is judged to be at ‘very high’ risk with a score of 32, while Azerbaijan’s score of just 15 places it in the ‘critical’ risk category.
• High levels of transparency see Latvia fare the best in the region, with a score of 67 indicating a low risk of corruption.
• Authoritarian governments have weakened parliamentary oversight (Poland) and restricted access to information regimes (Hungary), closing off a key sector off from public debate and oversight.

 

 

We identify five key themes that are increasing corruption risk across the region, including:

Weak parliamentary oversight

Parliamentary oversight of defence is a key pillar in enforcing transparency and accountability but only two of the 15 countries we assessed have retained truly robust parliamentary oversight.

CEE regional average score: 51/100 (Moderate risk)

Best performers: 1) Latvia: 94/100 (Very low risk); 2) Lithuania: 83/100 (Very low risk)

Worst performers: 1) Azerbaijan 12/100 (Critical risk); 2) Hungary 27/100 (Very high risk)

 

Opaque procurement processes

Allowing companies to bid for defence contracts helps reduce the opportunities for corruption and ensure best value for taxpayers, but our analysis highlights that open competition in this area is still the exception rather than the norm.

CEE regional average score: 47/100 (High risk)

Best performers: 1) North Macedonia 82/100 (Low risk); 2) Estonia: 74/100 (Low risk)

Worst performers: 1) Azerbaijan 8/100 (Critical risk); 2) Hungary 14/100 (Critical risk)

 

Attacks on access to information regimes

Access to information is one of the basic principles of good governance, but national security exemptions and over-classification shield large parts of the defence sector from public view.

CEE regional average score: 55/100 (Moderate risk)

Best performers: 1) Georgia, Latvia, North Macedonia, Poland 88/100 (Very low risk); 2) Lithuania: 75/100 (low risk)

Worst performers: 1) Azerbaijan 13/100 (Critical risk); 2) Hungary 25/100 (Very high risk)

 

To make real progress and strengthen the governance of the defence sector in the region, Transparency International calls on governments across the region to:

• Respect the independence of parliaments and audit institutions and provide them with the information and time they need to perform their crucial oversight role.
• Overhaul their procurement systems to ensure more competition and transparency.
• Guarantee transparent and effective access to information and implement a clear rationale on the use of the national security exception, as well as transparency over how the rationale is applied.

 

Notes to editors:

Progress [Un]Made – Defence Governance in Central and Eastern Europe can be downloaded here.

The CEE region spent US$104 billion on defence and security in 2019. This total includes Russia, which spent US$65 billion. Lithuania and Latvia increased military spending by 232 per cent and 176 per cent respectively between 2010 and 2019, and Poland by 51 per cent over the same period. Armenia and Azerbaijan consistently spend close to 4% of GDP on defence and are among the most militarised countries in the world.

Whilst defence governance standards in Europe are some of the most robust globally, states in Central and Eastern Europe and the Caucasus, where a combination rising defence budgets and challenges to democratic institutions, are particularly vulnerable to setbacks to their recent progress in governance and development.

In Armenia, Albania, Hungary, Kosovo, Montenegro, Poland and Serbia, there is a notable tendency for parliaments to align themselves with the executive on defence matters, for example by passing executive-sponsored legislation with no or only minor amendments.

In Georgia, secret procurement accounted for 51 per cent of total procurement procedures from 2015-2017. In Ukraine that figure is 45 per cent, while in Poland it is as high as 70 per cent. In Lithuania, open competition accounted for as little as 0.5 per cent of procurement procedures, with upwards of 93 per cent of defence procurement conducted through restricted tenders and negotiated procedures.

In Hungary, the government has made it harder to access information by skewing the rules in favour of public bodies and imposing new fees on those who lodge requests. In Estonia, the 2013 access to information act contained 7 exceptions, with 1 related to defence; by 2018, there were 26 exceptions, with 7 related to defence. Just three of the 15 states we assessed – Lithuania, Latvia and Georgia – were found to have been responding to freedom of requests promptly and mostly in full.

 

About Transparency International

Through chapters in more than 100 countries, Transparency International has been leading the fight against corruption for the last 27 years.

About the Government Defence Integrity Index

The GDI is the only global assessment of the governance of and corruption risks in defence sectors, based upon 212 indicators in five risk categories: political, financial, personnel, operations and procurement.

The Central and Eastern Europe wave includes assessments for 15 countries: Poland, Hungary, Lithuania, Latvia, Estonia, Ukraine, Armenia, Georgia, Azerbaijan, Serbia, Bosnia & Herzegovina, Kosovo, Albania, Montenegro and North Macedonia. All states are either EU/NATO members or accession/partner states.

The GDI was previously known as the Government Defence Anti-Corruption Index (GI). The Index underwent a major update for the 2020 version, including changes to the methodology and scoring underpinning the project. This means overall country scores from this 2020 version cannot be accurately compared with country scores from previous iterations of the Index.

Subsequent GDI results will be released in 2021, covering Latin America, G-20 countries, the Asia Pacific region, East and Southern Africa, and NATO+.

Contact:

Harvey Gavin

harvey.gavin@transparency.org.uk

+44 (0)20 3096 7695

+44 (0)79 6456 0340 (out of hours)

 

 

Download as PDF: Statement on the killing of George Floyd, protests in the United States, and the need for transparency in related military deployments

 

June 10, 2020 – Transparency International – Defense & Security stands in solidarity with those demanding justice, equality, accountability and an end to racism worldwide following the killing of George Floyd while in the custody of police officers in Minneapolis on May 25.

In response to the resulting protests seen across the United States, the National Guard has been activated in 23 states throughout the country to assist local law enforcement agencies in the policing of protests, while some active duty military units were temporarily deployed to the National Capitol Region to potentially assist federal authorities.  On June 2, the president announced he was “dispatching thousands and thousands of heavily armed soldiers, military personnel, and law enforcement officers to stop the rioting, looting, vandalism, assaults, and the wanton destruction of property”. According to news reports, 17,000 National Guard members had been deployed, approximately the same number as active-duty US troops currently serving in Syria, Iraq and Afghanistan.  This is in addition to 45,000 members of the National Guard who have already been deployed across all 50 states in response to the COVID-19 crisis.

The challenges and responsibilities faced by the armed forces in complex times are significant as they seek to protect their fellow citizens as well as prevent the violence and property damage that have occurred in some metropolitan areas.  The statements by a number of current and former military leaders reminding servicemembers of the importance of American values and their oath to support and defend the Constitution and the citizens whom they serve send an important message.

It is during times such as these that transparency and oversight matter most to ensure that actions undertaken are accountable to the public. Some of these deployments present challenges in terms of protecting the right to peaceful protests alongside the duty to protect lives and livelihoods.

After days of scrutiny over the militarization of the police response, including the use of National Guard personnel to forcibly clear Lafayette Square of peaceful protestors on June 1,  Secretary of Defense Mark Esper and Chairman of the Joint Chiefs of Staff General Mark Milley appear to have refused a request to testify to the House Armed Services Committee. This response shows a disregard to the key guiding principles of transparency, oversight and accountability, as enshrined in the constitutional system of checks and balances.

Transparency International – Defense & Security calls on all governments around the world to instil greater transparency in all aspects of civil-military relations and to ensure responsible use of military by political leaders. To the government of the United States, we make the following recommendations based on established best practice in the defense and security sectors:

 

• Ensure that all law enforcement agencies responding to protests, including components of the military when performing law enforcement duties, receive additional training and facilitate the right of peaceful public assembly.

 

• Commit to the principles of transparency and accountability and ensure that Secretary of Defense Mark Esper and Chairman of the Joint Chiefs of Staff General Mark Milley fulfil all oversight requirements.

 

• Resist any inclination by those who lead the security sector to limit engagement with citizens in response to this crisis. Trust can only be enhanced through more interaction, not less.

 

Transparency International – Defense & Security strongly encourages greater transparency and accountability in all aspects of relations between the military and civil society. The use of security forces must not infringe on the public’s First Amendment rights of peaceful assembly and freedom of speech.  Respect for and protection of basic human rights is the only path to restoring much-needed trust in civil-military relations.

 

Contact:

Harvey Gavin

harvey.gavin@transparency.org.uk

+44 (0)20 3096 7695

+44 (0)79 6456 0340