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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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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
+ 44 (0)20 3096 7695
Out of hours – Weekends; Weekdays (UK 17.30-21.30): +44 (0)79 6456 0340

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
+ 44 (0)20 3096 7695
Out of hours – Weekends; Weekdays (UK 17.30-21.30): +44 (0)79 6456 0340

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

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.

The perception of transparency in defence needs to change. Currently, secrecy is often the norm and transparency is the exception. Instead, transparency should be the norm and secrecy the exception.

Despite robust and widely agreed international and national anti-corruption and freedom of information legislation that governs public sectors, the defence sector remains secretive and lacking a fundamental level of transparency that is crucial to ensure accountability. Such legislation frequently contains national security exemptions that are vague, undefined or overreaching and provide defence institutions with a sweeping mandate to classify information by labelling it critical to national security.

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 the United Nations Security Council all-day debate on the Rule of Law Among Nations, Josie Stewart, Director of Transparency International Defence and Security, said:

United Nations Secretary General Antonio Guterres last week reflected on the “strong and mutually reinforcing relationship between the rule of law, accountability and human rights”, describing how “ending impunity is fundamental”.

Our Government Defence Integrity Index (GDI) facilitates such accountability by shining a light on the level of resilience to corruption — and independence of institutions — in countries as diverse as Israel and Mali.

Drawing on evidence contained within the GDI reveals critical steps governments can take to prevent the spectre of a “new rule of lawlessness” — a danger raised by Guterres at the Special Council session on January 12 . 

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In response to the review of the UK’s aid investment in Afghanistan published this week by the UK Independent Commission on Aid Impact (ICAI), Josie Stewart, Director of Transparency International Defence and Security, said:

“This review adds to the now sky-high pile of evidence that corruption was central to the tragic downfall of the country. Corruption within the security services was particularly damaging, undermining the cohesion and operational capacity of the army and police. Arms and equipment were stolen, and sold to the Taliban.

“Following the downfall of Kabul last year, Khalid Payenda, Afghanistan’s former finance minister, said that most Afghan troops on the payroll had in fact been ‘ghost’ soldiers, made up by corrupt officials who exploited the system for money. The operational capability of soldiers who did not actually exist had proven to be, unsurprisingly, limited.

“ICAI’s new report highlights that the UK provided over £400 million in aid over just six years to fund the Afghan security services, including paying the salaries of the Afghan National Police who acted primarily as a paramilitary force engaged in counter-insurgency operations against the Taliban. We will never know how much of this £400 million was stolen, how much indirectly funded the Taliban, or how much it contributed to the overestimation of the Afghan security forces’ operational capability which led to such devastating consequences for the Afghan government, its NATO partners, and the Afghan people. But anyone who cares about global peace and security must learn the lessons from Afghanistan.”

press@transparency.org.uk
+ 44 (0)20 3096 7695
Out of hours – Weekends; Weekdays (UK 17.30-21.30): +44 (0)79 6456 0340

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.”

Our latest research catalogues conflict and corruption around the word – harm caused by leaving the privatisation of national security to grow and operate without proper regulation.

Post-Afghanistan, exploitation of global conflicts is big business. Most private military and security firms are registered in the US, so we are calling on Congress to take a leading role in pushing through meaningful reforms under its jurisdiction. The time has also come for accreditation standards to be enforced rather than only encouraged, at both a national and international level.