educating policymakers, the NGO community, corporate leaders, and other relevant stakeholders about the limits of corporate infuence over host nations with regard to the human rights standards of their security forces, while highlighting the importance of adopting a new responsible security operations paradigm in complex environments. It explores and describes some efforts under- taken to date by industry-NGO cooperation with respect to infuencing host nations in adopting the appropriate level of human right standards and implementing training for their security forces. And, fnally, it suggests some new and inno- vative solutions or possible fxes regarding how to change the narrative on the issue of responsible security operations employed by corporate and governmental decision-makers and institutions infuencing host nation behavior. Foreign Policy Program Policy Brief Changing the Narrative and Setting the Conditions for More Responsible Security Operations: A Policy Primer by Daniel P. Fata 1744 R Street NW Washington, DC 20009 T 1 202 745 3950 F 1 202 265 1662 E info@gmfus.org October 2014 Introduction Within the past year, a number of reports and articles have been written about the vast amounts of resource wealth found in developing coun- tries. Most of the areas of potential resources extraction tend to be politely called complex environ- ments, given the internal political and security conditions that make foreign investment in these places risky or outright dangerous. 1 In a recent editorial, one watcher of these issues made a compelling case that there must be ways in which to reverse or break the resource curse that has aficted countries blessed with vast amounts of natural extract- able resources including oil, gas, rare earth minerals but unable or unwilling to use natures bounty. Tis article highlighted the lucrative concessions such governments can award foreign investors to extract the resources to the betterment of the countries citizens and infrastructure. 2
1 Mine: A confdence crisis. Review of global trends in the mining industry2013, PricewaterhouseCoopers, 2013, http://www.pwc.com/en_GX/gx/mining/publica- tions/assets/pwc-mine-a-confdence-crisis.pdf, 57. 2 Daniel Runde, EITIs Silent Revolution, Forbes, October 3, 2014, http://www.forbes.com/sites/daniel- runde/2014/10/03/eitis-silent-revolution/. Tere is a related problem that has existed for some time, which is both wider than just the extractives industry and which has had an efect on foreign companies decisions to invest in countries that are resource- rich but sufer from weak governance, either from lack of political will or capability or both. Te broader issue centers on how governments in those countries act when hosting foreign corporations on their soil. Discus- sions, debates, and media attention to date have focused on human rights abuses being committed in the countries of Africa, Latin America, and Asia where resources are plentiful and foreign multinational companies operate and extract such resources. Companies have borne the brunt of media and NGO community scrutiny during the last few decades for either facilitating conditions ripe for crime and abuse or at minimum turning a blind eye to the behavior of the local police, national military forces, or private security contractors hired to protect a plants operation. While some companies may have been complicit in committing or being party to some abuses, many others Foreign Policy Program Policy Brief 2 have made eforts to create better conditions and enforce international standards. To date, eforts by leading NGOs, select governments, corporations, and other entities to change the practices of some host nation governments have met with varied success for a range of reasons. Some Western countries, as well as major extractive and private security companies, have taken it upon themselves to voluntarily adopt a set of principles to govern their own behavior when operating in complex environments as a means of establishing a level of operations standards. Steps have also been taken as a means to reduce their own legal and reputational risk. Such voluntary schemes help encourage a more responsible use of public security sector forces by a host nation govern- ment in order to create a safer operating environment for foreign investors. Recently, an efort has begun to help change the narrative around security operations from a primarily human rights issue to a key issue for host nations economic develop- ment. Tis shif recognizes a host nations own respon- sibility to provide a secure and accountable operating environment both for foreign investors as well as for its own people who live and work around plants and opera- tion sites. Te argument is shifing to one focusing on why it should be in a host nations interest to create an invest- ment climate, which promotes responsible security opera- tions (RSO) throughout the country and which abides by the rule of law and transparency. Te more foreign investors see countries as willing to adopt either broadly accepted international standards of greater transparency and accountability standards throughout their territory and across their institutions and public security sector forces, the more likely are they to perceive investment in those countries as risk-acceptable. RSO is not, and should not, be solely focused on human rights standards. It is not meant to exclude, label, punish, alienate, or lecture nations that exist in complex environ- ments and struggle with competing priorities associated with governing in complex environments. Tere are many reasons why foreign governments, foreign investors, and host nations should want to see positive change in how people live and operate in particular country or area. Te RSO concept is meant to leverage many diferent actors to help bring about a desired and efective outcome in such places. RSO is not a panacea but rather a framework and concept for bringing about change. Tis paper serves as a means by which to start educating policymakers, the NGO community, corporate leaders, and other relevant stakeholders about the limits of corporate infuence over host nations with regard to the human rights standards of their security forces, while highlighting the importance of adopting a new responsible security opera- tions paradigm in complex environments. It explores and describes some eforts undertaken to date by industry- NGO cooperation with respect to infuencing host nations in adopting the appropriate level of human right standards and implementing training for their security forces. And, fnally, it suggests some new and innovative solutions or possible fxes regarding how to change the narrative on the issue of responsible security operations employed by decision-makers and institutions infuencing host nation behavior. Background What is the Issue? Extractive companies operate in tough environments characterized by communal confict or crime, poverty- ridden societies, corrupt or at best less-than-transparent governments, and largely untrained security forces. Te existence of these conditions increases the risks (legal, fnancial, physical) to which companies exposed when operating in such environments. However, given that the resources to be extracted are present in these countries, companies have little choice but to set up plants and facili- ties in these areas in order to undertake their operations. Te issue of working closely with host nation governments and host nation security forces has increased in impor- tance, particularly during the past decade. It has become increasingly clear that companies cannot shoulder the burden to manage these risks on their own. Companies and governments must have a good understanding of the risks inherent in extraction and to develop cooperative means to ensure such business activities are safe and secure for all parties. Te RSO paradigm has applicability beyond just the extractives industry. By insisting that RSO be part of all foreign investment and engagement in complex envi- ronments, the importance of changing the dynamics on the ground may help garner attention from a broader audience. One particular problem is the adherence of a host nations public security sector forces to internationally recognized human rights standards. While many companies have sought to deal with this challenge by ensuring that hired private security forces are appropriately trained, security Foreign Policy Program Policy Brief 3 in a host nation is still largely dependent on local and national police, and sometimes paramilitary or military forces due to the requirements of the Production Sharing Contracts or Concession Agreements that defne the terms of a companys operations in a specifc country. In some countries, companies are not permitted to hire private security contractors. Yet despite these requirements, the onus of efective, safe, and secure operations that respect the human rights of local populations continues to lie disproportionally on extractive companies and not with the host government itself or their national and local police forces. In the event of extraordinary security issues they must rely on host-nation forces. Tus, if host-nation forces step in during a security situation and do not adhere to appropriate human rights standards, there is a tremendous likelihood that the company could take direct or indirect blame for the abuses. Specifcally, such an environment poses security, fnancial, legal, and reputational risks for a corporation choosing to do business there. While compa- nies writ large have struggled to convince wider audiences of the causative relationship between host-nation prac- tices and risks, it is clear that corporations believe that the current set of private-public institutions designed to foster a culture of host-nation adherence to internationally recog- nized standards of human rights has signifcant limitations, especially within the context of providing security for the extractive industries. Without a diferent approach, there is little more that the private sector, non-governmental organizations, and the international community can do to infuence host-nation practices. Why Is This Relevant and What Does It Mean in a Wider Context? As noted above, the issue goes beyond any particular companys actions in any particular country. Te real issue is the treatment of foreign investors, notably extractive companies (but not limited to this sector only), by host- nation governments. Ofentimes, these companies choose to assume a signifcant level of risk in order to engage in mining or other operations in a country with little or some- times no legal protections or guarantees for the security of the companys workforce, let alone a promise to protect the local population from wanton abuse. Te less helpful and understanding a host nation government is to the inter- ests and concerns of a foreign corporation as it prepares to build facilities and undertake operations in a countrys development, the increasingly less likely it is that such companies will view making signifcant investments in that country as a worthy endeavor. Tis is increasingly true as countries like the United States and U.K. develop increas- ingly higher legal accountability thresholds, and therefore greater legal risks, to companies for incidents that occur in relation to their overseas operations. Nations that do not adhere to internationally recognized human rights and other legal protections will certainly seek to fll the gap created by those companies refusing to invest and operate in lawless countries, thus further decreasing the chances that 1) the host country will ever fully develop economically, politically, and socially, and 2) that the host country will remain merely a location for which its best resources are extracted and for which it will have very little say as to what happens within its borders. For a commu- nity built on common values, principles, and laws, as well as the desire to see peoples develop and prosper, allowing such actions to impede the development of impoverished countries is an unacceptable outcome. Tis negative trend must be reversed. Moreover, companies willing to fout their responsibilities to respect human rights should not be allowed to adhere to much lower standards in some host nations where human rights issues are not as important for the host governments. What Has Been Done to Date Almost 15 years ago, a movement originated at a meeting of Te Fund for Peace that saw extractives companies (mining and oil/gas), governments, and NGOs signing up to the Voluntary Principles on Security and Human Rights a set of principles designed to guide compa- nies in maintaining the safety and security of their opera- tions within an operating framework that encourages respect for human rights. Te Voluntary Principles are a set of guidelines focused on security and human rights specifc to governments, corporations, and NGOs in the extractives sector. 3 Mainly focusing on good practices to encourage high standards of conduct by security forces, and conducting appropriate risk assessments, the Volun- tary Principles demonstrate that business and civil society can play a constructive role in advancing these ends. In essence, promoting these practices simultaneously miti- gates risk and promotes human rights. Current government participants include the governments of the United States, Norway, the United Kingdom, the Netherlands, Canada, Switzerland, Colombia, Australia, and most recently 3 Voluntary Principles on Security and Human Rights: Fact Sheet, March 2010, http:// voluntaryprinciples.org/fles/VPs_FactSheet_Mar2010_US.pdf. Foreign Policy Program Policy Brief 4 the government of Ghana. NGO participants include the Fund for Peace, Partnership Africa Canada, Global Rights, and a number of other organizations that ofen serve as important implementing partners in the security and human rights space in host countries. Te corporate participants represent more than 20 mining and oil/gas companies, ranging from ExxonMobil, Chevron, and BP, to Newmont, Rio Tinto, and BHP Billiton. Finally, a number of observer organizations participate in Voluntary Prin- ciples dialogues, including the International Committee of the Red Cross (ICRC) and the Institute for Human Rights and Business. 4 Western governments have not agreed to uphold these principles, but instead feel their role is to encourage other governments to uphold them and spend the vast amount of their time in the Voluntary Principles on recruitment via political delegations. Te International Petroleum Industry Environmental Conservation Association (IPIECA), the gas and oil industrys leading association for environmental and social issues, has initiated steps to address the nexus of human rights and operations security. 5 Specifcally, it has launched a Responsible Security Task Force to provide a forum for member companies to share best practices around compa- nies approaches to managing and engaging with public and private security forces, and to identify lessons learned from past incident management. In late 2010, the Geneva Centre for the Democratic Control of Armed Forces (DCAF) successfully led an initiative to get private security companies to adopt the International Code of Conduct (ICoC). Te International Code of Conduct for Private Security Service Providers is a Swiss government-convened, multi-stakeholder initiative to both clarify international standards for the private security industry operating in complex environments and improve oversight and accountability of these companies. 6 Te code establishes human rights based principles for the respon- sible provision of private security services, which include rules for the use of force, prohibitions on torture, human trafcking and other human rights abuses, and specifc commitments regarding the management and governance of companies, including how they vet personnel and subcontractors, manage weapons, and handle grievances 4 Ibid. 5 Social responsibility, The International Petroleum Industry Environmental Conserva- tion Association, http://www.ipieca.org/focus-area/social-responsibility#activities. 6 About, International Code of Conduct for Private Security Service Providers, http:// www.dcaf.ch/Project/International-Code-of-Conduct-for-Private-Security-Service-Provid- ers. internally. Te ICoC was initially signed by 58 private security companies from 15 countries. By signing, the companies publicly afrm their responsibility to respect the human rights of, and fulfll humanitarian responsibili- ties toward, all those afected by their business activities. Tey also commit to operate in accordance with the code. Te ICoC has remained open for signature since the initial signing, and by February 1, 2013, the number of Signatory Companies had risen from 70 to 708. 7 Best Practices Cameroon Case Study By no means will changing the narrative or adopting change on the ground be easy, quick, or irreversible. It will require commitment, sustained resources, a willing host nation government, and a capable segment of the public security sector. Interestingly, the Fund for Peace ofers a compelling, real world example of starting down the path of bringing about real change in a complex environment. Te organizations recent work in Cameroon vis--vis the Voluntary Principles serves as a good case study. 8 Te Fund for Peace began working in Cameroon in 2013 afer a major foreign corpo- ration, Cosmos Energy, signed an exploration contract with the government. Cosmos Energy recognized the importance of establishing a responsible security environ- ment and contracted the Fund for Peace to help develop and implement a training regime geared toward making a diference in the culture of the nations security force. Te Fund for Peace put together a curriculum to better train security forces, integrating a human rights element into existing training rather than reinventing the way forces were trained. As part of the training, Fund for Peace deter- mined that a compelling delivery method would be comic book materials that illustrated a wide array of possible scenarios. Importantly, they recognized that human rights mean diferent things in diferent contexts. Rather than focusing on human rights explicitly, the curriculum focused on community respect and the potential of endan- gering personal security through irresponsible actions. Anecdotal evidence suggests that security incidences decreased remarkably. Employees noted considerable 7 International Code of Conduct for Private Security Service Providers, http://www. icoc-psp.org/. 8 J. J. Messner, Human Rights Training for Security Forces in the Extractive Indus- try, The Fund for Peace Commentary, October 18, 2013, http://library.fundforpeace. org/20131018-cameroon. Foreign Policy Program Policy Brief 5 diferences in how the assigned soldiers interacted with the company. While the Fund for Peaces operation in Cameroon was a success and helped increase responsible security practices within the country, the project ultimately ended due to lack of funding from the original sponsor and the host nation. Despite its decision to leave Cameroon because of unsuc- cessful drilling operations, Cosmos Energy did continue to fund the training initiative for some time. Some key take- aways should be highlighted as they may well be relevant to future endeavors in other countries and by other entities. Funding Consistency: Reliance on funding streams (e.g. potential projects) that may not last is a serious challenge. Continuity is essential for the success of these programs. Rapid Response: Keeping in mind consistency of funding, there needs to also be a conversely fexible and rapid response when contracts are awarded. Host-Government Experiences and Consent: Given that those in government had experiences abroad (training at West Point, etc.), there was an openness to the Western NGO standards that might not always be present. Forum for Conversation: More than merely a comic book, the medium provided a catalyst for conversa- tion. It allowed for greater discussion of the scenarios presented and allowed individuals to ask questions on how to conduct themselves. No One-Size-Fits-All: All eforts of this kind must be customized to the specifc environments in which they are to operate. Emphasize Security and Risk: In many of these coun- tries, there is an aversion to focusing on human rights. Instead, the security component should be the center- piece. If security is managed well, adherence to human rights standards will improve. It is also important to recognize that the unit that was engaged in the FFP training was a specially recruited, trained, and equipped force that had the personal endorsement of President Paul Biya. For RSO-type initiatives to work, there must be a capable, well-led unit that can be trained that has genuine, sustained support of the host nation. During the past year, DCAF, working along with the ICRC, has developed two products to be used by practitioners on the ground in complex environments. Te Knowledge Hub is a web platform that brings together guidance documents, tools, and case studies that address security and human rights issues. 9 DCAFs other product is called the Toolkit, which ofers good practices and recom- mendations on addressing real-life security and human rights challenges, complemented by practical tools such as checklists can case studies. 10 Both oferings are based on real-world experiences derived from best practices by those operating on the ground around the globe. Proposed New Solution In most weak and failing states, there are limits to corpo- rate infuence over host-nation adherence to human rights practices, and cooperation between a companys security personnel and host government forces is ofen futile as a result of failed engagement, improper training, and inefcient command and control. Terefore, a diferent approach needs to be taken in order to bring about a change to the status quo. How can this be done? How can the eforts of corporations, NGOs, governments, and indi- viduals truly result in better operating conditions for those companies willing to invest in complex environments? More importantly, how can such eforts be seen frst and foremost as an essential aspect of a national development program to be embraced by host nation governments? Arguably, the frst step is to reach agreement among a core group of interested parties that the issue of encouraging responsible security operations by host nations in complex environments needs to be addressed and is in the interest of the U.S. government, foreign governments, corporations, NGOs, and willing host nations. Te second step is to educate stakeholders on why the issue of responsible security operations in complex environ- ments is less a human rights issue and more of a develop- ment issue, and why it is important. Te aim here is to change the narrative so as to persuade host-nations that investing in proper training protocols for its public secu- rity sector forces is an important catalyst to creating the enabling environment for the future. As noted above, if there is no appetite to change the status quo, then the task 9 Toolkit, Addressing Security and Human Rights Challenges in Complex Environ- ments: Knowledge Hub, http://www.securityhumanrightshub.org/content/toolkit. 10 Ibid. Foreign Policy Program Policy Brief 6 of precipitating a change of approach by the host nation becomes nearly impossible. Te third task is to recognize that, based on past eforts by some organizations like the Fund for Peace and others, there are specifc ingredients for success. Tey include: Need to have a willing host nation government that understands the benefts of adopting a more responsible approach toward providing for a stable, secure security environment based on the rule of law, both for foreign companies and, more importantly, for its own citizens. Need to determine the roles of all of the stakeholders involved: host nation governments, foreign govern- ments, corporations, and NGOs. Need for a supportive (and stable) funder of the needed training. Need to identify units (specialized and highly trained) who will be responsible for carrying out the new mission. Need to identify which tools are best suited to train diferent public sector security forces. Who Are the Key Players and What Should their Roles Be? Given that the components of a successful model for enhancing responsible security operations in sub-optimal environments all have their challenges, what should be the role of the host nation governments, U.S. and other foreign governments, corporations, and NGOs? Role of the Host Government: Te key component to changing the narrative and conditions on the ground is the openness of the host nation government to candidly embrace a change and adopt reforms, in small or large components over time, of the local or regional forces responsible for security operations. Te issues with public security forces and the understanding and desire for change must be the focus of conversation with host govern- ments, which will then provide top-cover for these eforts in order to make those arrangements more than just a piece of paper. Beyond the specifc role of a host govern- ments willingness, there might also be a desire to change any institutionalized apathy or aversion in some countries to the human rights and security question. Tis efort must be made a priority and extend all the way from the capital city to the local regions of the country and throughout all the governmental and military institutions responsible for adopting such changes. Tose required to bring about such change in practice need to be given appropriate incentives. Te more individuals recognize it is in their interest to reform past practices and create a more respectful, responsible, secure, and trans- parent operating environment for citizens and foreign investors, the more personal, professional, and unit devel- opment rewards they should receive. Such actions have the potential to make not only the eforts within a coun- trys borders succeed but also have the potential to make the overall initiative spread to other countries and areas around the world. Role of the U.S. Government: Tere is a signifcant role for the U.S. government to play in helping to adopt a new narrative but also to help foster real change in some parts of the world. In the past, much of the specifc USG assis- tance has been ofen too closely tied to human rights and sometimes at odds with the harder security discussions and consideration surrounding reform and investment. As part of the desire or need to change the narrative, perhaps it may make sense for companies to make their case directly to the U.S. government and encourage more deliberate involvement in this regard. Te U.S. Armed Forces also have a role to play either in helping to build security sector reform plans for specifc countries, assisting in training those local forces respon- sible for carrying out such reforms, or some other areas. During the past decade or so, the U.S. military has demonstrated increasing interest in building partner capacity among foreign militaries to help train them to take on wider mission sets and to be able to partner more efectively with the U.S. and other foreign militaries. Te U.S. Armys Regionally Aligned Forces or U.S. Pacifc Commands Pacifc Pathways are two examples of current initiatives that have some degree of applicability to the greater RSO concept. Military training is not necessarily the right answer for every country. Western militaries are not always good at training foreign public sector security forces, such as police. Moreover, military troops may not necessarily be the appropriate tool for some complex environments. Decisions about using the military for training should be considered on a case-by-case basis. Local and state-level Foreign Policy Program Policy Brief 7 police forces could also play a role in helping to train public sector security forces. European gendarme-type training might be appropriate as well. One of the best potential tools the U.S. military has to ofer is in the form of its National Guard State Partnership Program. According to the National Guard, Te State Partnership Program (SPP) has been successfully building relationships for over 20 years that includes 68 unique security partnerships involving 74 nations around the globe. SPP links a unique component of the Department of Defense a states National Guard with the armed forces or equivalent of a partner country in a cooperative, mutually benef- cial relationship Tis low-cost program is administered by the National Guard Bureau, guided by State Department foreign policy goals, and executed by the state adjutants general in support of combatant commander and U.S. Chief of Mission security cooperation objectives and Department of Defense policy goals. Trough SPP, the National Guard conducts military- to-military engagements in support of defense security goals but also leverages whole-of-society relationships and capabilities to facilitate broader interagency and corollary engagements spanning military, government, economic, and social spheres. 11 Te SPP might serve as an interesting vehicle for helping to identify key units and leaders to be trained as well as to catalyze a broader spectrum of collaboration between U.S. state governments and foreign governments, resulting in connections such as investment and university exchanges. As efective as the SPP is, it is limited in its capacity to reach into many countries where RSO is badly needed. Greater funding as well as expansion of SPP to include more countries as well as military-to-civilian programs (rather than exclusively military-to-military programs) could be an interesting concept to test and tool to apply. Role of Other Foreign Governments: Te role of non-U.S. Western governments is not that dissimilar from that of the U.S. government. Tey can support and foster sustained change in countries where their national corporations are 11 State Partnership Program, National Guard, http://www.nationalguard.mil/Leader- ship/JointStaff/J5/InternationalAffairsDivision/StatePartnershipProgram.aspx. investing. Some foreign governments have the additional ability to rally regional entities such as the EU to assist in aid making and commitment enforcement. Role of Corporations: As it is corporations that make the decision to invest in complex environments, their collec- tive concerns and resources to address risk mitigation are immense. Corporations will continue to be a driving force for bringing about a more responsible security environ- ment in areas where they are interested in investing and operating. Apart from seeking their help in funding these eforts, approaching larger entities, such as the Corporate Council on Africa, would be hugely benefcial. According to its own mission statement, the Corporate Council on Africa (CCA) works closely with governments, multilat- eral groups and businesses to improve Africas trade and investment climate and to raise the profle of Africa in the U.S. business community. Given its wide-ranging corpo- rate membership, organizations such as CCA, have a high degree of infuence on U.S. policymakers and, more impor- tantly, African host nation governments. It would demon- strate a larger endorsement from a reputable organization of corporations, while ensuring more sustained funding. Role of NGOs: As has been noted previously, NGOs such as the Fund for Peace and DCAF have led the charge in helping to improve the ability of foreign companies to operate responsibly on host-nation soil. Not only have such organizations pushed for the creation and adoption of voluntary codes of conduct, they have also proactively engaged with investor nations to raise awareness of the issue and to enlist their support. Te Voluntary Principles and the ICoC are not conventions or human rights trea- ties, but rather practical frameworks for getting opera- tions right in host nations. Te Voluntary Principles and the ICoC attract the attention of NGOs that really want to make a diference on the ground. Moreover, such organiza- tions have also spearheaded training routines funded by corporate donations to help work with host nations such as Cameroon and elsewhere to bring about change and adopt new practices by public sector security forces. NGOs would play a crucial role in any future initiative. Role of Private Security Companies: As local public secu- rity forces have not been reliable in many cases, this has led to an increased reliance on private security contractors. Companies can require private security contracts to adhere to high human rights and security standards, as they can be written into contracts (including training, vetting, and Foreign Policy Program Policy Brief 8 auditing requirements); however, that same degree of leverage does not exist with public local forces. Rather, governments must buy into the eforts of other actors, as well as fully support these initiatives on their own, from the highest levels of the chain of command. Private security forces could still play a meaningful role in this area for instance, acting as consultants to public security forces. Moreover, high standards are more widespread given the International Code of Conduct for Private Security Forces and standards imposed through contractual arrangements. Models for Funding Responsible Security Operations Efforts Based on the experiences of DCAF and the Fund for Peace in particular, there are a few diferent models that could be considered: Host-nation funded: One means by which to experi- ment with bringing about a more responsible security operating environment is for a host nation to self-fund the training of its security forces. Funds could come from national cofers, from a percentage of the conces- sions awarded to foreign corporations, or from other local means. Such funding would demonstrate to foreign investors, foreign governments, and others that a nation is truly serious about reforming the practices within its borders and wants to be seen as a country that welcomes and protects foreign investors while at the same time working to create a better economy and social infrastructure for its own people. A host nation government could execute a program on its own or it could contract an NGO or other entity to initially administer the program. U.S. or foreign-government funded (either direct or via an NGO): A more standard approach would be for foreign governments and/or international organizations to award contracts to NGOs or other entities to develop and conduct a training program with the host nation. Alternatively and where appropriate, foreign militaries or police/gendarme forces could serve as the imple- menting trainer and provide the toolbox to be deployed. One of the goals would be to train the trainer so that, over a reasonable period of time, those being trained by U.S. and other foreign instructors would be able to assume responsibility for training future units so U.S. and other foreign trainers could move to a supporting role and simply monitor the education eforts. Corporate funded: As has been demonstrated in a few examples, the opportunity exists for corporations to fund training and education eforts in the countries in which they invest and operate. Again, through a third- party agent, such as a NGO or even a private security frm, corporations have the ability to start to turn the tide in host nations on a smaller scale. Such activi- ties are only possible with host-nation support. An interesting twist on the corporate-funded model is for host nations to require an ofset or an obligation by the foreign investor to train public security sector forces for a set period of time as a part of the concessions contract. Such an obligation could be led or at least monitored by an experienced NGO. Trust Fund: Perhaps an entirely new approach would be to establish a trust fund with capital and in-kind services provided by foreign governments, corporations, international organizations, and even host nations to develop and implement tailored, scalable programs and solutions that provide stable funding and long-term viability. Tis would be a public-private global partner- ship to help bring about the kinds of changes needed in some host nations struggling in marshalling the required resources. Te trust fund could identify a few key countries around the world and work to implement a few diferent models to bring about public security sector reforms. Te trust fund could be fnanced entirely by corporations at a relatively low individual buy-in rate. Here, too, an NGO could be contracted to imple- ment the training program. Path Forward Te path forward for those seeking to make a diference should, in essence, include the following actions: First, it is crucial to educate key stakeholders in the U.S. and other foreign governments, key host nation governments, corporate leaders, and NGO community in order to get a sense of where these entities are willing to invest. Second, it is important to identify three to fve nations where models could be applied. As part of this, a deter- mination should be made as to which host nations will self-fund such projects and which will ones will require outside foreign government assistance. Equally impor- tant will be identifying which ones would be willing to Foreign Policy Program Policy Brief 9 allow foreign militaries, police forces, or NGOs train their security trainers, as a means of testing multiple models. Tird, a time horizon of two to three years should be implemented, followed by an evaluation of how well the project worked. Tis should involve developing metrics for success for each of the difering approaches. Such metrics should be reviewed annually to determine progress. Fourth, assuming at least one of the models of training will yield some degree of success, entities should market such successes widely and attempt to replicate the approach with other willing host nations. Finally, it would be benefcial to consider creating a Trust Fund or a form of public-private partnership to carry out some activities on varying scales in select countries. Activities could include, among others, training, monitoring of existing training, and lessons learned analysis. Conclusion For too long, the extraction of natural resources has been a wasted opportunity for too many of the worlds poorest nations. A new narrative needs to be developed to help leaders understand that the long-term security, economic, and political benefts derived from being a responsible partner to foreign/multinational companies and govern- ments is exponentially more valuable than short-term, lucrative but self-destructive contract concessions with investors from countries that do not prioritize human rights considerations. A greater partnership between industry, host governments, host-nation security forces, and the national governments from the industrys leading companies is needed in order to highlight the risks inherent in operating in certain locations, to ensure opera- tions are completely legal and as safe and secure as possible, and to reduce corporate exposure to unnecessary litiga- tion, public pressure, and economic loss incurred during the process of their business operations. Te extractive industries can be a partner for the U.S. government and other governments seeking to encourage more responsible security forces and more stable countries globally. Te views expressed in GMF publications and commentary are the views of the author alone. About the Author Daniel P. Fata is vice president for Europe and Americas in the Wash- ington Operations division of Lockheed Martin. From 2008-14, he served as a non-resident transatlantic fellow at the German Marshall Fund of the United States. He is currently a consultant to GMF and served as the project lead for GMFs Responsible Security Operations initiative. About GMF Te German Marshall Fund of the United States (GMF) strengthens transatlantic cooperation on regional, national, and global challenges and opportunities in the spirit of the Marshall Plan. GMF does this by supporting individuals and institutions working in the transatlantic sphere, by convening leaders and members of the policy and business communities, by contributing research and analysis on transatlantic topics, and by providing exchange opportunities to foster renewed commitment to the transatlantic relationship. In addition, GMF supports a number of initiatives to strengthen democracies. Founded in 1972 as a non-partisan, non-proft organization through a gif from Germany as a permanent memorial to Marshall Plan assistance, GMF maintains a strong presence on both sides of the Atlantic. In addition to its headquarters in Washington, DC, GMF has ofces in Berlin, Paris, Brussels, Belgrade, Ankara, Bucharest, and Warsaw. GMF also has smaller representations in Bratislava, Turin, and Stockholm.
Ward A. Thompson v. City of Lawrence, Kansas Ron Olin, Chief of Police Jerry Wells, District Attorney Frank Diehl, David Davis, Kevin Harmon, Mike Hall, Ray Urbanek, Jim Miller, Bob Williams, Craig Shanks, John Lewis, Jack Cross, Catherine Kelley, Dan Ward, James Haller, Dave Hubbell and Matilda Woody, Frances S. Wisdom v. City of Lawrence, Kansas Ron Olin, Chief of Police David Davis, Mike Hall, Jim Miller, Bob Williams, Craig Shanks, John L. Lewis, Jack Cross, Kevin Harmon, Catherine Kelley, Dan Ward and James Haller, Jr., 58 F.3d 1511, 10th Cir. (1995)
The Conflict With Slavery and Others, Complete, Volume VII, The Works of Whittier: The Conflict With Slavery, Politicsand Reform, The Inner Life and Criticism by Whittier, John Greenleaf, 1807-1892