African Security Dialogue and Research (ASDR) REPORT OF THE WORKSHOP ON THE STATE OF THE PRIVATE SECURITY SERVICE PROVIDERS IN GHANA 23RD JULY, 2008 MENSVIC HOTEL EAST LEGON - ACCRA African Security Dialogue and Research (ASDR) 27 Kofi Annan Avenue North Legon Accra, Ghana P.O. Box AF2456 Adenta Accra-Ghana Tel/Fax: + 233-0302-510515 / + 233-0302-913668 Email: info@africansecuritynetwork.org www.africansecuritynetwork.org 0
EXECUTIVE SUMMARY This is a report on a workshop organized by the African Security Dialogue and Research (ASDR) on the state of the private security service in Ghana. It aimed at advocating for the effective management of the private security sector to prevent it from undermining national security in the name of business or making money. As of now, the sector is controlled by the police service act LI 1571 which lacks a lot of detail so far as management of the sector is concerned, resulting in the need to find a more comprehensive and adequate legislative instrument to consolidate the security of the state. The workshop brought together stakeholders in the industry including employers and employees of the sector, members of the parliamentary select committee on defence and interior, representatives of the Ghana Police Service, the Bureau of National Investigations (BNI), the Criminal Investigations Division of the Ghana Police Service and experts in the security sector. The workshop commenced with the opening remarks by the Associate Executive Director of ASDR who welcomed all participants present on behalf of ASDR and expressed appreciation at the numbers that turned up at this crucial discussion on the issues concerning private security in the country. In his remarks, he noted that the state was working within its capability to provide peace and security for its citizens but it has not been able to achieve its maximum. This explains why the private security companies/organizations have become very critical to the sustainability of peace and secured livelihood for citizens. Private Security providers, aside the provision of security or protecting individuals and property, also give advise, provide reaction and response to the services they are providing, perform the role of private investigators, train and recruit other individuals to serve as security workers amongst others. The key question however lies in the degree to which these service providers understand the nature of the services they are providing. He identified two categories of players: (a) those who are properly registered and active and (b) those who are not registered and not so active with the excuse of not receiving their license for operation and wondered whether there should be an independent regulatory body for issuing licenses to private security providers or leave it under the ministry of interior as the current legislative Instrument (LI) stipulates. He emphasized that the workshop is a platform for discussions on the Policy Document, Regulatory Authority, Code of Ethics and Code of Conduct which the ASDR and others have put together and subsequently, come out with a workable document to be submitted to government for consideration. Mr Manfoo of the office of the National Security Coordinator also gave his remarks on behalf of the National Security Coordinator. He apologized for the absence of the National Security Coordinator s which he attributed to other pressing engagements and thanked ASDR for organizing such an event. He was optimistic about the future of private security industry in Ghana and lauded the enthusiasm and determination with which they work. 1
Mr Edwin Barnes gave an overview of the four documents (earlier mentioned) and facilitated the discussion sessions. 2
PROCEEDINGS This one-day workshop was a platform to discuss effective management of the private security sector in Ghana to prevent it from undermining national security in the name of business or making money. It considered the short falls of the existing legislative instrument guiding the operations of private security companies in Ghana and discussed 4 substantive documents with a view to creating a better legal framework for private security operators in Ghana. The final document was to be presented to the government for onward action. The opening remarks to kick-start the programme were given by Maj Gen Nii Carl Coleman, the Associate Executive Director o ASDR and Mr Amanfoo on behalf of the National Security Coordinator. PRESENTATION Mr. Edwin Barnes who coordinated the discussions gave an overview of the four documents to be discussed. They were on the Policy Document, Regulatory Authority, Code of Ethics and Code of Conduct. He highlighted among others, licensing, foreign participation, the use of arms and ammunition set the ball rolling on the discussion. DISCUSSIONS Participants were reminded of the policy document and to take a critical look at the private security industry as it exists in Ghana at the moment and determine how to streamline their activities so that the country can derive the greatest benefit from the security industry. On the policy document, participants dwelt on a number of issues of concern. Notable among them was the use of the sirens by private security service providers. SIRENS: A participant spoke of the fact that the industry had come to stay and so there is the need to give it all the importance it deserved. The stand of the current law that disallows the use sirens should therefore, be reconsidered in the policy document since sirens can be used in emergency situations to save lives and property. Another participant in support of this idea said, the rapid response unit urgently requires the use of this siren. In disagreement to this, a participant cited the cases of abuse of sirens for personal use. Mr. Barnes responded that, the yet to be authority will have enough power to consider as and when private security organizations (PSOs) could use sirens during the licensing process. On the issue of proliferation of PSOs, the basic aim of the policy is to regulate their operation in order not to undermine national security. However, a participant noted that, if the sector is well regulated, there would not be that much proliferation. 3
Licensing: On chapter 3 which broadly tackles the issue of licensing procedures, participants stressed on what the phrase any stated reasons actually meant. They demanded a clarification or more so, a clear statement of the reasons. A participant also wanted to know if the authority could include other conditions in the application of license other than the fees. Barnes responded that all other things needed for licensing will be issued by the authority based on the guidelines they would come up with. In the application for license, some participants complained of the long delays in the granting of license and suggested that a time frame be given for issuing licenses. Gen Coleman however disagreed with that idea because of the difficulty of vetting especially positive vetting which can take a very long time to complete. Participants then suggested that, a temporal license can be given out before a more permanent one is issued. There was also the emphasis on the need for transparency on the part of the authority in the vetting process as well as in the granting of licenses so as to ensure credibility in the system. Vetting: Employees of PSOs are to be periodically vetted on yearly basis for verification and possible renewal of certificates. On the part of employers, this will help identify employees who do not fit to operate in the system. Welfare of employees should be taken seriously by employers in order to avoid misbehaviour by employees that could lead to abrogation of certificates. It was also suggested that employers should consistently report to the authority on the activities of their employees. There should however, be a system to ensure that employers do not unnecessarily suppress employees at any level. For instance, blacklisting those they may want to settle personal scores with. Gen Coleman also wanted participants to consider whether unionization of PSSPs personnel should be allowed since the constitution allows unionization of workers but disallows unionization of members of the state security. Nana Agyeman commented that, PSSPs do not have any problem or limitations in the formation of unions because, to them, that fosters much cooperation and dialogue between them and their employees. In that case, unionization should be allowed in order to ensure an effective operation of PSOs. In the granting of permit or license to operate, the document does not allow foreigners in the holding of positions especially managerial positions, and the holding of majority shares. A participant however asked for a clarification as to who a foreigner is, since naturalization makes an individual a citizen of the state. The proposed document prohibits the use of arms by PSOs in the course of their work. Some participants argued that they should be allowed to use arms since they are normally confronted by criminals who are well armed. In reaction to this suggestion, there was a proposal that, there should be improvement in the communication between the police and the PSSP for the police to always be ready to provide the necessary help. This will reduce the use of arms in the system. 4
There was a suggestion on the exemption of taxes on some communication equipment used by the PSSPs in order to reduce their cost of purchase. The national communication authority will also be involved to check the kind of communication equipment to be used and how they will be used. REGULATORY AUTHORITY The proposed regulatory authority is to ensure that, PSSPs operate within the confines of the law in order not to compromise national security. Certain questions and suggestions were raised about this authority and how it is to operate. There was a suggestion that, three representatives should come from PSSPs instead of one that is being proposed. That will make PSSPs feel part of the whole process to ensure compliance and success. A participant also suggested a representation from employees. The response to this however was that, employees take their functions from PSSPs who are represented on the council. There was also a suggestion for one representative from either the police or the CID so as to know who reports to the IGP but it was agreed that, both departments had critical roles to play and that the phrase could be reworded to two representatives from police service, one from the CID since the presence of the CID on the council is very critical. There was also a concern about the absence of the defense ministry, the reply of which was that, the ministry is more into external security than internal. The representative of the Attorney General s Department was also seen as not necessary by a participant because legal issues will be taken care of by the legal dept of the authority. A question was asked as to whether the proposed authority will cover the activities of individuals and companies who are not registered as PSSPs, yet selling security equipment and those whose activities were negatively affecting the finances of PSSPs because they are not VAT registered. Mr. Barnes responded by saying that, all those providing these security equipment will be covered by the authority for licensing and also bar people from using certain equipment. A participant wanted to know which Civil Society Organization (CSO) was to be represented on the council since there are a lot of CSOs in the country. The response was that, security related CSOs will choose one amongst themselves. 5
In relation to whether the body was to be either a government institution or independent of government, the reply was that, since the body is to deal with national security it has to liaise with the government. How is the council going to liaise with the REGSECs and DISECs to monitor the activities of PSSPs in the regions and districts? The response was that, the authority is to provide guidelines as to the roles they will play. To ensure higher standards, the PSSPs already have their training institutes and thus, want a speedy set up of the authority to monitor their course contents and other activities. CODE OF CONDUCT AND ETHICS The purpose of the code is to provide binding rules that all private security service providers, employers and employees shall obey and this is to be managed by the industry themselves whilst the code of ethics defines the general moral principles and rules of behaviour for all PSSPs and employees in the industry. This is to bring up the image of the industry because of the critical role they play in promoting national security. COMMENTS To Gen Coleman, since PSSPs are formed to fill in the gap created by the state security apparatus to ensure maximum security in the country, there has to be certain standards of operation accepted by the authority. This requires continuous inspection of their activities to ensure they do the right things in the right manner. In response to a question about in-service training for personnel, employers reiterated that, although they do not perform any formal training for their employees, they usually discuss such issues concerning the code of conduct and ethics for their workers at their monthly meetings as well as offer various forms of field training for their employees. General Coleman commented that the issue of basic training needs is very crucial because that will help ensure the basic standards that are needed to improve the industry. Mr Barnes also added that, private security needs to be as professional as possible and set standards for promotion or demotion. THE WAY FORWARD There is the need for APSOG to articulate and lobby for the enactment of the legislative instrument for CSOs to add their voice for serious consideration by government. Members of parliament are also to help by consistently raising the issues concerning private security on the floor of parliament for discussion. 6
In short, Mr Barnes suggested that, all other contributions were to be submitted to ASDR for effective aggregation and articulation. CLOSING REMARKS Gen Coleman thanked all present and assured them that, the various contributions will be considered and sent to parliament for deliberation. To him, if the industry grows and the right things are done, there would be no need to involve the military in internal patrols as we have now but allow them to concentrate on protecting our territorial borders. He therefore urged the PSSPs to strive at making their presence felt so as to ensure maximum security for the state and enable the general citizenry to go about their normal duties with ease. 7