Group seeks exemption to Afghan private security ban

Professional Services Council wants State Department to seek a waiver for firms performing U.S.-funded development work.

Private contractors supporting multimillion-dollar development projects in Afghanistan are seeking an exemption from the Afghan government's controversial ban on the use of security contractors to guard key infrastructure projects.

On Monday, the Professional Services Council, an Arlington, Va., trade association, sent a letter to Secretary of State Hillary Clinton asking that she advocate for the full exemption of private development firms and nongovernmental organizations from the prohibition on hiring private security. PSC represents many of the private development firms in Afghanistan that the U.S. Agency for International Development has hired.

"The use of private security by these firms is based on security policies and risk mitigation standards," wrote PSC President Stan Soloway. "Implementation of the decree would force development projects to adopt far less efficient implementation methods, or close down projects altogether. The consequences of this would be significant and include the halting or delaying of vital programs designed to support the Afghan people, a diminution of the effectiveness of U.S. stabilization and counterinsurgency strategies, and the immediate unemployment of thousands of Afghan nationals currently working on development and reconstruction projects."

In August, Afghan President Hamid Karzai, citing incidents of violence and questionable behavior by foreign guards, ordered the removal of all private security contractors from Afghanistan, with the exception of those working at foreign embassies and military bases. Instead, protection would be provided by Afghanistan's police and security forces, which critics have described as poorly trained and corrupt.

Private security firms originally were scheduled to close up shop in Afghanistan Dec. 17. But faced with fierce diplomatic pressure from U.S. officials who feared a looming shutdown of major reconstruction projects, Karzai announced last month that he would extend the deadline.

A newly formed commission, led by Afghanistan's minister of the Interior and including U.S. and other Western officials, is scheduled to make recommendations to Karzai on Nov. 15 regarding a transition of security responsibilities to Afghanistan's police and armed forces. Once the timetable is approved, private security contractors will have a maximum of 90 days to shut down.

In the meantime, PSC lobbied Clinton to direct USAID to issue written instructions for how development firms can comply with the Karzai order while negotiations are under way.

"Currently, firms are being given contradictory and inconsistent guidance by State and USAID officials, such as requests to submit 'minimum security' plans that are premised on reducing or eliminating the use of private security firms," Soloway wrote.

Meanwhile, private security firms operating in Afghanistan and worldwide have agreed to adopt a global code of conduct. On Tuesday at a ceremony in Geneva, more than 50 security contractors signed a voluntary International Code of Conduct that will dictate terms of behavior and the rule of law in conflict zones. Complying with the standards of conduct and, more important, earning certification soon will be a prerequisite for winning security work from the federal government.

The rules run the gamut from regulating force on the battlefield to prohibiting torture, bribery, child labor and human trafficking. Other sections focus on vetting and training personnel, establishing internal whistleblower and grievance procedures, and enforcing firearms controls. It also requires companies to ensure their employees "take all necessary steps to avoid the use of force" and explicitly bans mistreatment of detainees, forced labor and sexual exploitation.

Federal agencies, which have established guidelines for the private security companies they work with, are considering inserting the code into future contracts.

"We are already working with our partners on the critical next step -- the development of an international accountability mechanism that will ensure credibility and transparency in the process," said Doug Brooks, president of the International Stability Operations Association, a trade organization that represents private security firms. "Noncompliance with this code endangers not only our missions but also human life, and it is my strong belief that ISOA members will take this code to heart."