December 2024 / Insight | News

Keeping Ethics at Hart: the Importance of Human Rights in Security Operations

Protecting human rights is critical to mission success, no matter the mission

Everyone has the right to life, liberty and security of person. This third article of the United Nations Universal Declaration of Human Rights stands as a bold challenge to the world. But, in conflict-affected and vulnerable areas, where violations of International Humanitarian Law surge, these are often the first rights to be compromised or disregarded. 

Governments, institutions, organisations, and companies may hire private security companies (PSCs) to protect their interests in conflict or post-conflict situations. While their missions may not explicitly include the protection of human rights, the true measure of a PSC’s effectiveness lies in its unwavering commitment to human rights and humanitarian law. 

PSCs must navigate a complex landscape, where upholding the highest ethical standards is not just an obligation but a necessity. This commitment is the cornerstone that determines whether a PSC will be a force for good or a contributor to further harm. 

So, how can we ensure that a PSC is genuinely accountable to human rights and humanitarian law? The answer is found in its consistent actions and policies, and whether they reflect a deep respect for these fundamental principles. 

Even when a mission does not include the protection of humans, a profound respect for human rights and international humanitarian law must form the core of a PSC’s mandate.

Even when a mission does not include the protection of humans, a profound respect for human rights and international humanitarian law must form the core of a PSC’s mandate.

Human rights and the rise of PSCs

The rise of PSCs has brought significant concerns around human rights abuses to the fore. Reports of excessive force, unlawful detentions, torture and other human rights violations increased with the boom in PSC operations, with little to no recourse available to victims or clients. 

Apart from the initial, grievous harm human rights abuses cause, such abuses also erase trust in private security companies and humanitarian efforts. Abuses contribute to a spiralling crisis of conflict and violence that becomes harder and harder to address. 

With this emerging evidence, international bodies and multilateral organisations, such as the Council of Europe and the United Nations Human Rights Council, are calling for more robust monitoring and sanctioning measures to help protect human rights in vulnerable regions.  

But, until these regulations are created, accepted and enforced, PSCs are hired on good faith based on the company’s values and ethics, and they are reflected in the company’s track record. 

Without robust international legal frameworks for holding PSCs accountable, clients rely on the company’s reputation and record to determine their commitment to protecting human rights.

Without robust international legal frameworks for holding PSCs accountable, clients rely on the company’s reputation and record to determine their commitment to protecting human rights.

How to recognise a commitment to human rights

When trying to establish a PSC’s commitment to human rights and how their values and ethics inform their approach, there are three key questions to ask. Do they have: 

  1. A successful, clean track record that illustrates their values? 
  2. Certifications and statements of conformance that encourage accountability? 
  3. A positive footprint in communities and areas of operation? 

A successful and clean track record is often underpinned by good governance and proven compliance with international codes of conduct that safeguard human rights. When these factors are present, a PSC will not only be more effective in its operations, but also be driven to have a positive impact on its areas of operation.  

In other words, any PSC claiming to centre ethics and human rights should have proof of their commitment, in the field and on paper. 

How values and ethics increase operational efficacy in the field 

Understandably, local communities may view private security companies with scepticism and fear. A reluctance to collaborate can quickly escalate to resistance and retaliation, putting missions and personnel at greater risk. 

Demonstrating a commitment to human rights is the best way to build trust in vulnerable communities and facilitate a mutually beneficial relationship. Mutually beneficial, because being able to work with the local community is critical to mission success. It helps us to: 

  • Gather better and more reliable intelligence, 
  • Decrease the likelihood of confrontations and attacks, 
  • Build more effective contingency strategies through local collaboration, 
  • Guard against corruption and exploitation, and 
  • Provide community upliftment that is culturally attuned and impactful. 
Operational success relies on the cooperation of local actors and PSCs’ ability to foster collaborative relationships on the ground.

Operational success relies on the cooperation of local actors and PSCs’ ability to foster collaborative relationships on the ground.

Hart Nationwide’s work at Chelsea Village Hotel in Mogadishu showcases how our humanitarian approach fosters a positive relationship with local communities. Maintaining high standards of ethical conduct helps position our presence as beneficial rather than intrusive or threatening.   

“Being beyond reproach contributes to stability because it earns trust, develops social cohesion and adds to peace and progress,” says Head of Support Services, Gordon Hughes. 

This allows us to engage with the local community and build relationships that enable better service and executional excellence. We rely on local insight, intelligence and support, but we also bring respect, security and innovation that create opportunities in the local community. In this way, Hart International and its various arms strive to live our values of integrity, transparency and respect for human life and dignity. 

How certifications and frameworks encourage good governance on paper

Positive actions in the field can be traced back to strong governance and ethics that put human rights first. Though international legal frameworks have not quite caught up to PSCs and their activities yet, there are ways for companies to document their accountability to high ethical standards.  

Hart International, for example, complies to the following standards and frameworks: 

ISO 18788/PSC1

These standards certify that a private security company is conducting professional and ethical security operations that respect human rights. To obtain them, companies must demonstrate clear policies, risk assessments, strict use-of-force guidelines, thorough personnel vetting and training, incident reporting mechanisms, and supply chain oversight. Hart International is one of the first security companies to be awarded this certification for their operations.

United Nations (UN) Guiding Principles on Business and Human Rights

These principles, developed by the UN, provide operational guidelines for preventing and addressing human rights abuses. They hold that both states and businesses have the responsibility to protect and respect human rights, and to provide access to effective remedy when human rights have been abused. The UN Guiding Principles inform our Human Rights Policy, which holds that the rights to life and security of person, the right to own property and the right to freedom of movement are paramount to delivering our services.

The Montreux Document

This document outlines international legal obligations and good practices for States when hiring private security companies. In turn, private security companies are encouraged to measure themselves against the good practices outlined to ensure they are operating to the highest standard of international humanitarian law and human rights law. By aligning with the Montreux Document, Hart International ensures that our operations are conducted in accordance with international humanitarian law and ethical practices.

The International Code of Conduct for Private Security Service Providers (ICoC)

Building on the Montreux Document and the UN Guiding Principles on Business and Human Rights, the ICOC sets out principles for the conduct of private security providers to promote responsible provision of security services.  

Members of the International Code of Conduct for Private Security Service Providers Association (ICoCA) commit to consistently upholding ICoC principles and are regularly audited to ensure compliance. As a founding and certified member of ICoCA, Hart International has been able to contribute to the establishment of ethical standards for the private security industry. 

Women’s Empowerment Principles

Born from a collaboration between the UN Global Compact and UN Women, the Women’s Empowerment Principles (WEPs) aim to transform workplaces by empowering women. They focus on enshrining women’s rights to equal pay for equal work, fostering gender-responsive supply chains, and enforcing a zero-tolerance policy towards sexual harassment. Hart is proud to be a signatory of the WEPs and to advocate for women’s rights and gender equality. 

Grievance and whistleblowing policies

To ensure our actions are held to the highest ethical standards, Hart International and its subsidiaries have rigorous grievance and whistleblowing policies that allow parties to raise concerns without fear of retribution or recrimination.  

The Hart approach

Adherence to these standards, frameworks and principles have allowed us to operate successfully and respectfully in various areas and situations. It also helps set Hart International apart as a trusted, ethical choice in the private security sector.  

They provide clear guidelines for actions in complex environments, informing our decision matrices to ensure compliance even in the most stressful and difficult of circumstances.  

Living our values in the field has enabled our teams to form strong and mutually beneficial relationships that contribute to operational success.

Living our values in the field has enabled our teams to form strong and mutually beneficial relationships that contribute to operational success.

The benefits are clear: respecting human rights leads to improved intelligence and cooperation, long-term stability, community upliftment, and a positive reputation, for us and our clients.  

Contact us to learn more about our services and how our commitment to human rights answers our clients’ security needs.