By Lillian Tan, Corporate Action Network Intern

Their operations are vast and war zone contractors are likely here to stay, as Suzanne Simons writes in her CNN International article. Her article is a comprehensive piece that places emphasis on one of the more salient issues regarding private military and security companies (PMSCs) or contractors: lack of regulation, oversight, and accountability. The PMSC industry has grown rapidly since the war on terror and continues to play an integral role in the conflict in Afghanistan under the Obama administration, but the US government, as reported by the CWC in its Interim Report, lacks resources to manage the industry that it has come to depend on like a crutch.

Since 2001, Congress has appropriated about $830 billion to fund U.S. operations in Iraq and Afghanistan. Over that period, America’s reliance on contractors has grown to unprecedented proportions to support logistics, security, and reconstruction efforts related to those operations. More than 240,000 contractor employees—about 80 percent of them foreign nationals—now work in Iraq and Afghanistan, supporting the Department of Defense. Additional contractor employees support the Department of State and the U.S. Agency for International Development.

-Executive Summary, June 2009 Interim Report from the Commission on Wartime Contracting (CWC)

The result from the combination of a growing military industry and weak government regulation and oversight is a culture of impunity and lack of accountability for the many human rights abuses committed by PMSCs. Yes, five Blackwater guards will be tried in February 2010 for opening fire and killing civilians in Nisour Square and yes, a private civil lawsuit was filed against Blackwater contractor Andrew J. Moonen for killing one of the Iraqi Vice President’s bodyguards in Baghdad’s green zone. However, let us also keep in mind not only how long it took for the Department of Justice (DOJ) to act in the first case, but also the fact that numerous cases of detainee abuse committed by PMSC personnel have gone unprosecuted. In February 2008, Amnesty found out through Senator Durbin’s inquiry to the DOJ that 24 cases of detainee abuse were transferred to the Eastern District of Virginia; 22 of the 24 were dismissed and 2 are pending. Our efforts to find out why these cases were dismissed or unresolved were fruitless.

:: :: Ask the Justice Dept why it is not Prosecuting Torture. :: ::

The industry cannot be expected to regulate itself and a government that is increasingly outsourcing its operations needs to ensure that it has the mechanisms to regulate PMSCs’ activities and hold the companies accountable for their actions (and not reward them with more contracts). Doug Brooks of the International Peace Operations Association (IPOA) stated that PMSCs are here to stay and that it’s about time we made it work but after the recent completion of a twelfth version of IPOA’s Code of Conduct, the trade association still has not made it work. Essentially, the Code is ineffectual. For starters, there are no guidelines detailing what compliance with its standards entails; companies do not have to show that they are operationalizing the Code to IPOA or any third-party monitor; and there are no requirements for public reporting on company efforts to adhere to the Code.

This is why the U.S. government will have to move beyond the Military Extraterritorial Jurisdiction Act (MEJA) to create a new body of legislation that will hold all U.S. government contractors working overseas accountable – irrespective of which government agency employs them – if they commit human rights violations.

For more information on PMSCs, visit www.aiusa.org/pmscs and read CorpWatch’s investigative report on intelligence contracting Outsourcing Intelligence in Iraq.

Just as it seemed everyone knew about Blackwater and its laundry list of scandals, the company pulled an all-too-common move of ducking a public-relations battering and organization-level accountability by changing it’s name. Poof. No more “Blackwater”, no more problem. Now, there’s just Xe (the company’s new name) and the “U.S. Training Center”.

I, for one, think we should instead refer to the firm as the “company formerly known as Blackwater”, at least until there’s evidence of real changes in its way of operating. And, by real changes, I don’t just mean that Erik Prince isn’t CEO anymore. Will the company formerly known as Blackwater, for example, adopt a human rights policy? Will it introduce stricter (any) guidelines on training and vetting of employees/contractors? Will it do anything to give the world any kind of assurance that it can be trusted  — particularly to train African military troops and/or in peacekeeping missions — areas of work it has been seeking agressively, perhaps in an attempt to stay more behind the scenes than their U.S. Diplomatic Security contract allowed.

Mr. Prince, the former CEO of the company fomerly known as Blackwater, told the Wall Street Journal that he was “a little worn out by the whole thing, the politics of it all”. Frankly, I’m a little worn out of companies getting away with murder and then doing a quick costume change and thinking that solves the problem.

Prince also told the Journal that the company’s new name, Xe, is an abbreviation for Xenon, ”an inert, non-combustible gas.” But nations and private sector clients already know that the company formerly known as Blackwater is not inert — it’s moving quickly to soak up new contracts, and if history repeats itself and the company does not make real changes to its modus operandi, it will prove combustible once again.