Abstract
Preference formation in Africa reveals paths of contestation and accommodation to PMSC governance. This chapter argues that the activation of the anti-mercenary norm depends upon the varying effect of foreign enlistment upon political entrepreneurs and elite beliefs, and on contingencies, such as electoral politics. On the other hand, the narrative outlines a case of extraversion—Uganda stands out for a policy of accommodation with the endorsement of Montreux akin to a strategy of extraversion conditioned by state-business relations.
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Notes
- 1.
The States of origin (of Third Country Nationals ) may not fall under the current categories of Contracting, Territorial, or Home States. For example, in Chile’s situation, some of its citizens were contracted by US companies through non-US based hiring firms under contracts that referenced neither Chilean nor US law. The Montreux Document’s state categories do not directly address this situation. Perret in DeWinter-Schmitt, p. 38. It should however be mentioned that the Montreux Document refers not only to the home, contracting and territorial states but also to all other states including therefore the Third Country Nationals.
- 2.
0.6% of the total (Piracy 2013).
- 3.
Not the Afghan war. Note that the use of TCNs differed between Iraq and Afghanistan due to the different relationship that US forces had with local armed groups. In the former case, the United States had disbanded the army. In the latter case, Afghans were employed in the private security sector and there was no great reliance on TCNs . One could speculate that had the Iraqi army not be disbanded, the need for TCNs would not have emerged.
- 4.
The Montreux Document distinguishes between territorial, home, and contracting states (cf. Chap. 2).
- 5.
In 2002, South African Carl Alberts and French-born South African Richard Rouget, worked in Ivory Coast . The former officer in the French army became the first person convicted of mercenary activities under the 1998 legislation. He admitted recruiting fighters for the Ivory Coast conflict and was sentenced to either five years in prison or a fine equivalent to US $14,500. He paid the fine (Mail and Guardian 2004). Rouget then went on to work in the United States as a governance mentor. Cf. www.bancroftglobal.org. Accessed March 4, 2014.
- 6.
Gumede writes: “Lekota made a comeback and blocked attempts by Mbeki to capture the six top positions in the ANC (…) in 1999 he grudgingly gave Lekota the poisoned chalice of the defense ministry in the hope that his impeccable credentials would be tainted by a stint in the hot seat.”
- 7.
- 8.
“Slap on wrist will not stop apartheid cowboys” (Business Day 2004).
- 9.
According to Gumedze , the document states that DIRCO will, among other things, “consider supporting and participating in the Swiss Government’s initiative to disseminate the Montreux Document on Private Military and security Companies.”
- 10.
Email correspondence with John Siko, February 2015.
- 11.
The legal adviser of the South African Police Service said, “there was no formal way of deciding when armed conflict began or ceased in international law” (Business Day 2006). For a definition of armed conflict , ICRC proposes the following definitions, which reflect the strong prevailing legal opinion: 1. International armed conflicts exist whenever there is resort to armed force between two or more States. 2. Non-international armed conflicts are protracted armed confrontations occurring between governmental armed forces and the forces of one or more armed groups, or between such groups arising on the territory of a State [party to the Geneva Conventions]. The armed confrontation must reach a minimum level of intensity and the parties involved in the conflict must show a minimum of organization. cf. https://www.icrc.org/eng/assets/files/other/opinion-paper-armed-conflict.pdf, accessed March 15, 2014.
- 12.
The issue came up during the discussion of the bill. Jacobs also said the committee should consider exempting certain recognized international organizations, such as the International Committee of the Red Cross , from being regulated by the bill (Business Day 2006).
- 13.
Heitman, unpublished document provided to the author. “The Act renders third country nationals potentially liable to arrest in South Africa for providing medial or other emergency services in a country or area that South Africa has deemed to be in conflict or where conflict is deemed imminent,” p. 2.
- 14.
- 15.
Author’s interview. March 2015.
- 16.
For a biographical account cf, Drohan 2010, pp. 290–319. Drohan accounts include Saleh’s exploitation of the Ugandan army occupation in Congo.
- 17.
Most media indicated the erroneous value of “60–70 million US Dollar” probably originating from a statement of Mwesigwa Rukutana, State Minister for Labor.
References
Bank of Uganda. (2008). Uganda Workers’ Remittances Report. Retrieved February 10, 2015, from https://www.bou.or.ug/bou/boudownloads/publications/TradeStatistics/RemittanceMonitoring/Rpts/All/Uganda_Workers_Inwards_Remittance_Report_2008.pdf
Bayart, J. F. (1989). L’Etat en Afrique: la politique du ventre. Paris: Fayard.
Business Day. (2006, June 7). Johannesburg.
Chabal, P., & Daloz, J. P. (1999). Africa Works: The Political Instrumentalization of Disorder. London: International African Institute.
Christian Science Monitor. (2008, January 8). Private Security Contractors Look to Africa for Recruits, by Stephanie Hanes.
Clapham, C. (1996). Africa and the International System: The Politics of State Survival (Vol. 50). Cambridge: Cambridge University Press.
DeWinter-Schmitt, R. (Ed.). (2013). Montreux Five Years On: An Analysis of State Efforts to Implement Montreux Document Legal Obligations and Good Practices. Barcelona: Adjuntament de Barcelona. Retrieved from http://ihrib.org/wpcontent/uploads/2013/12/MontreuxFv3.pdf
Döring, K. (2014). Chilean Professionals, Reliable Fijians and Affordable Ugandans: Transnational Recruitment for the Private Security Sector in Iraq, 2003–2011. Dissertation, Leipzig University.
Drohan, M. (2010). Making a Killing: How and Why Corporations use Armed Force to Do Business. Vintage Canada.
Gumede, W. M. (2008). Thabo Mbeki and the Battle for the Soul of the ANC. London: Zed Books Ltd.
Gumedze, S. (2013). In DeWinter-Schmitt, R. (Ed.), Montreux Five Years On: An Analysis of State Efforts to Implement Montreux Document Legal Obligations and Good Practices. Barcelona: Adjuntament de Barcelona.
Mail and Guardian. (2004). SAS Security Experts Defy the Law. Retrieved February, 2014, from http://mg.co.za/article/2004-03-03-sas-security-experts-defy-the-law
Melzer, N. (2009). Keeping the Balance Between Military Necessity and Humanity: A Response to Four Critiques of the Icrc’s Interpretive Guidance on the Notion of Direct Participation in Hostilities. New York University Journal of International Law and Politics, 42, 831.
Minty, A. S. (2012). Statement on IIHL. Retrieved March 8, 2015, from http://psm.du.edu/media/documents/reports_and_stats/think_tanks/iihl_minty_south-africa_2012.pdf
Mohapatra, S., & Ratha, D. (Eds.). (2011). Remittance Markets in Africa. World Bank Publications.
Mynster Christensen, M. (2015). The Underbelly of Global Security: Sierra Leonean Ex-militias in Iraq. African Affairs, 115(458), 23–43.
Piracy, O. B. (2013). The Economic Cost of Somali Piracy 2012. One Earth Future Foundation.
Pelton, R. Y. (2006). Licensed to Kill: Hired Guns in the War on Terror. Crown.
Perret, A. (2013). In DeWinter-Schmitt, R. (Ed.), Montreux Five Years On: An Analysis of State Efforts to Implement Montreux Document Legal Obligations and Good Practices. Barcelona: Adjuntament de Barcelona.
Ray, J. (2009). Cheap Labor for Private Security. Center for Security Studies, ETH Zurich. Retrieved March 8, 2015, from http://www.css.ethz.ch/en/services/digital-library/articles/article.html/98671/pdf
Reno, W. (2013). In Harbeson, J. W., & Rothchild, D. (Eds.). (2013). Africa in World Politics: Constructing Political and Economic Order. Boulder: Westview Press, pp. 162–164.
Scahill, J. (2008). Blackwater: The Rise of the World’s most Powerful Mercenary Army. Hachette UK.
Sjögren, A. (2013). Between Militarism and Technocratic Governance: State Formation in Contemporary Uganda. London: Fountain Pub Limited.
United Nations. (2002). Final Report of the Panel of Experts on the Illegal Exploitation of Natural Resources and Other Forms of Wealth of the Democratic Republic of the Congo, UN doc. S/2002/1146. Retrieved March 7, 2015, from www.un.org/ga/search/view_doc.asp?symbol=S/2002/1146
World Bank. (2008). World Integrated Trade Solutions (WITS). Retrieved September 2015, from http://wits.worldbank.org/CountryProfile/en/Country/UGA/Year/2008/SummaryText
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Boggero, M. (2018). Contestation or Accommodation. In: The Governance of Private Security . Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-69593-8_6
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