Dear @Statedept, Please Protest Unfair Trial Of #Bahrain Activists

Bahrain has turned into a country in which an activist can be thrown into jail for reading a poem that criticizes the country’s King, and in which doctors and nurses are put on trial for doing their job. I can hardly imagine what sentence opposition figures are facing for leading and participating in the demonstrations that took place in February and March. It is outrageous to see Bahraini authorities putting protesters, activists and medics before military courts, which Human Rights Watch appropriately called a Travesty of Justice.

Bahrain is also an important strategic partner to the United States, and home to the US Navy’s 5th Fleet. It’s therefore legitimate to ask if that’s the reason why there is so much silence from the US administration on the crackdown of the pro-reform movement. As a Washington Post Editorial last month formulated it: “The administration clearly is trying to protect the strategic relationship with Bahrain.”

We are now mobilizing the public to call on the US government to speak out more strongly about unfair trials in Bahrain, one week before the trial of opposition figures continues. It is especially crucial that the Unites States administration guarantees that a high level representative from the US embassy in Bahrain will attend the trial.

Join The Global Bahrain Twitter Action on June 15

Taking a cue from Arab Spring activists using social media, we will conduct a Twitter action tomorrow, June 15. We are calling on all social media activists to urge the US Department of State to end their double standard and protest more forcefully against unfair trials in Bahrain. Messages to the State Department will include:

Dear @statedept, pls ensure you observe trial of #bahrain opposition http://bit.ly/lXEzpH #feb14
Dear @statedept, pls protest unfair trial of #bahrain activists http://bit.ly/lXEzpH #feb14

The @statedept should observes trial of #bahrain opposition http://bit.ly/lXEzpH #feb14
The @statedept should protest unfair trial of #bahrain activists http://bit.ly/lXEzpH #feb14

You can just re-tweet our messages coming from @amnesty tomorrow. Feel free to adapt the tweets, but please stay on message and be polite. I will be collecting the most compelling tweets and plan to publish some of them on this blog (which we will also share with our contacts in the State Department), together with an update on our recent Bahrain actions.

SEE THE REST OF THIS POST

Private military and security companies wanted for hire by CIA as "hitmen"?

by Lillian Tan, Corporate Action Network Intern

September 16, 2009 will be the second anniversary of the Nisour Square shootings, in which six Blackwater (now Xe) personnel shot and killed 17 Iraqi civilians outside Baghdad’s green zone. The bad media which surrounded the incident galvanized the U.S. Government to take some steps towards ensuring that the Department of Defense (DOD) and Department of State (DOS) better regulate PMSC operations in Iraq. But was it enough?

The six Blackwater guards who allegedly indiscriminately opened fire in Nisour Square on September 16, 2007 were finally indicted late last year. The trial hasn’t even started but Blackwater/XE personnel are already implicated in another incident. On May 5, 2009, four Blackwater/Xe personnel reportedly shot and killed two Afghan civilians in Kabul. So much for lessons learned in Iraq; so much for regulation, oversight, and accountability.

However, the U.S. government should not keep pushing aside the questions of how to effectively regulate and where to set the limits on using PMSCs — especially with the increased number of contractors flooding into Afghanistan in the wake of the planned surge in troops. The longer it takes for the U.S. government to finally take a position and answer these questions, the longer PMSCs operate in a legal limbo, in which they may commit human rights abuses with impunity.

Just recently, it has been reported that the CIA contracted Blackwater/Xe to assist in a secret assassination program of which the Congress was not even aware. According to the August 20, 2009 New York Times, “it is unclear if the CIA planned to use Blackwater/Xe to actually capture and kill Qaeda operatives, or just to help with training and surveillance in the program.”

The article also mentions that government officials are concerned about serious issues of accountability when contractors are brought into covert and lethal operations. Where there is no transparency, accountability will be near impossible if a crime were committed during those operations. The past administration has been quick to invoke several legal reasons to withhold sensitive information from the public — from the Glomar response to claiming that releasing detainee abuse photos would be against the Geneva Conventions. When the same photos were about to be released in May 2009, the Obama administration sought to block their release arguing that the images could further inflame anti-American opinion. If it is already this difficult to get information out of government agencies, then imagine the difficulty of obtaining information for the purpose of accountability when there’s a private contract involved in a sensitive national operation.

Another area of great concern that the New York Times article briefly touches upon is whether, aside from the concerns about accountability for PMSCs in such a program, PMSCs should be involved in the first place? As Senator Diane Feinstein (CA) aptly states, “It is too easy to contract out work that you don’t want to accept responsibility for”. In the debate about the use of PMSCs in modern warfare, there is the pressing question of what functions a government can and cannot outsource. In U.S. statute and policy, inherently governmental functions are loosely defined as “a function so intimately related to the public interest” that it must be performed by Federal employees. The list of functions that fall under “inherently governmental” is also extremely inconsistent, varying from agency to agency. Because of this lack of a clear and consistent definition, PMSCs are contracted to perform duties in highly sensitive areas such as intelligence and now, even assassinations.

To better regulate the industry, Congress also needs to pass legislation that will close the legal vacuum in which PMSCs are operating and appropriate more resources to regulation and oversight. The U.S. government currently does not adequately regulate the industry and its statutes to hold PMSCs accountable for crimes overseas are few. In its June 2009 Interim Report, the Commission on Wartime Contracting finds that U.S. government oversight of PMSCs is inadequate. Because they mostly operate transnationally, jurisdiction can become a problem. While PMSCs contracted by the DOD can be held accountable under the Military Extraterritorial Jurisdiction Act (MEJA) and the Uniform Code of Military Justice (UCMJ), contractors hired by other agencies such as the DOS often fall through legal gaps.

The foundation to improve regulation, oversight and accountability of PMSCs has already been set. To close legal gaps such as the one in MEJA, legislation has been proposed in the past and we look forward to similar legislation in the 111th Session of Congress. As for clarifying definitions of “inherently governmental functions”, a bipartisan Commission on Wartime Contracting was established in Public Law 110-181 to recommend among other things improvements in its Final Report on the “process for determining which functions are inherently governmental and which functions are appropriate for performance by contractors in a contingency operation, especially whether providing security in an area of combat operations is inherently governmental.” On an international level, the UN Working Group on Mercenaries (UNWGM) completed its two-week visit to the U.S. on August 3rd, 2009. During that time, the UNWGM met with the DOJ, members of Congress, governmental officials and public interest groups to discuss how PMSCs can be regulated on international, regional, national and local levels. Such efforts are all a step in the right direction.

US-Iraq Security Agreement Forgets Blackwater

Yesterday, the Associated Press ran the headline US Contractors Lose Immunity in Iraq Security Deal.

But, if what comes to your mind when you think of US contractors operating in Iraq with immunity is, for example, the indiscriminate shooting and killing of civilians by Blackwater personnel, read the fine print – the new assertion of joint Iraqi-US jurisdiction doesn’t apply to companies contracted by anyone other than the Defense Department.

This means Blackwater personnel working on a contract with the State Department — the same one under which Nisoor Sq killings occurred – are good to go with Iraqi immunity.

There are murmurings that US State Department contractors will be subject of similar, future agreements. It’s not clear why this agreement couldn’t have defined contractors more broadly to begin with.