Theme: Political
Responding to the opening of the the United Nations Human Rights Council session on Myanmar, Transparency International Defence and Security Director Josie Stewart said:
At least US$1 billion in arms and materials to build weapons have entered Myanmar since the military coup in 2021. Not only does this point to a lax enforcement of existing arms embargoes and the insufficiency of the non-binding UN Security Council resolution in place. It also points to the role of corruption in fuelling serious human rights violations.
As the newest report by the UN Special Rapporteur on the situation of human rights in Myanmar shows, Myanmar’s arms imports are largely financed by the revenue generated by and siphoned away from state-owned mining enterprises. Offshore accounts in countries such as Singapore and Thailand held by the military junta as well as bank accounts used by arms dealers in these countries have facilitated arms deals.
Ahead of the upcoming discussions at the Human Rights Council on Myanmar, Transparency International Defence and Security urges countries to strengthen their legislation to better target the illicit financial flows that enable arms transfers to Myanmar to ensure that arms embargoes are no longer circumvented, and the junta’s capacity to commit human rights violations is curtailed.
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Responding to the risks of corruption and to peace posed by defence deals being discussed at an Oslo conference this week, Transparency International Director of International Engagement Sara Bandali said:
Scores of arms manufacturers and brokers have descended on Norway this week to discuss a controversial aspect of the global arms trade: defence companies’ side agreements with governments to win major weapons contracts (offsets). Norway, the UK, and other European countries are rapidly updating their defence offsets or industrial cooperation policies to strengthen European weapon supply chains and support Ukraine.
While we understand the push to strengthen European defence capabilities, the increased use of defence offsets presents significant corruption risks with policies that are overly flexible and lack critical transparency and government oversight. Defence companies, brokers, or government officials have used defence offsets as a key vehicle for bribes, which have resulted in the purchase of faulty or inappropriate equipment or the embezzlement of government funds.
Transparency International Defence and Security is concerned about these trends. We encourage government officials and defence companies attending the conference to discuss ways to encourage more transparency and effective oversight of defence offsets to help prevent corruption and its adverse effects on peace and stability.
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Responding to EU plans, Transparency International Defence and Security Director Josie Stewart said:
Transparency International Defence and Security welcomes the new anti-corruption plans announced by the European Union this month.
Our most recent Government Defence Integrity index established that EU member states are exposed to an alarming risk of corruption in military operations.
This is due to a lack of anti-corruption measures sufficient for governing the sector.
Combating corruption is crucial to ensuring the rule of law, protecting human rights and promoting sustainable development.
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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.
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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.
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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.
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.