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+ What do private military contractors do?
Doug
Brooks, the president of the International Peace Operations Association,
an association of private contractors, describes three categories of companies:
logistical support firms, private security firms, and private military companies.
The private military companies provide combat forces for hire. These types of
companies, such as the now-dissolved South African company Executive Outcomes,
are rare and none of them are currently operating in Iraq.
+ When did the relationship between private contractors and the military
take off?
"You're talking about an industry that really didn't exist until the start
of the 1990s," says Peter
Singer, the author of Corporate Warriors: The Rise of the Privatized Military
Industry. "And since then, it's grown in size, in monetary terms to about
$100 billion worth of revenue a year. In geographic terms, it operates in over
50 different countries. It's operated on every single continent but Antarctica."
Singer says three trends coalesced during this time that drove the industry's
growth: the end of the Cold War, which led to military downsizing not only in
the U.S., but around the world; a global increase in smaller conflicts; and
the ideological shift towards privatizing government functions in general. The
Pentagon's use of private contractors has increased dramatically between the
two Gulf wars: During the first Gulf War in 1991, there were 50 military personnel
for every one contractor; in the 2003 conflict the ratio was 10 to 1.
+ How many private security firms are working in Iraq?
No one knows the exact number of private security contractors that rushed into
Iraq following the war. In April 2004, in response to a request from Congress,
the Coalition Provisional Authority (CPA) compiled a list of 60 different firms
employing a total of 20,000 personnel (including U.S. citizens, Iraqis and third-country
nationals).
Before handing over power to the newly elected Iraqi government in January
2005, the CPA established "Memorandum
17," a notice that called for all private security companies operating
in Iraq to register by June 1 and established an oversight committee led by
Iraq's Ministry of the Interior.
According to Lawrence Peter, a former CPA official and the director of the
Private Security Company Association of Iraq, as of June 21, 2005, 37 security
contractors have registered with the Iraqi Ministry of the Interior. One is
awaiting approval, and at least 18 additional security companies are in the
process of registering.
+ Who is employed by the private contracting firms in Iraq?
Here is a breakdown of the numbers:
50,000 support/logistics contractors
These are civilians hired by KBR, the Halliburton subsidiary which holds
the military's logistical support contract. They work as weathermen, cooks,
carpenters, mechanics, etc. Most are from Third World countries and the majority
are Filipinos.
20,000 non-Iraqi security contractors
Of these, 5-6,000 are British, American, South African, Russian or European;
another 12,000 are from Third World countries, such as Fiji, Colombia, Sri
Lanka, and India.
15,000 Iraqi security contractors
Most of these were hired mainly by the British security firm Erinys
to guard Iraq's oil infrastructure.
40-70,000 reconstruction contractors
Hired to rebuild Iraq. Some are Iraqis, but they're mostly from the U.S.
and dozens of other countries and employed by companies such as General Electric,
Bechtel, Parsons, KBR, Fluor and Perini.
+ How much do private contractors get paid?
Money is a prime motivator for those working in Iraq. Guards for private security
firms can typically make between $400 and $600 per day. Guards employed by Blackwater,
a high-profile American company that guarded Ambassador Paul Bremer, the former
head of the CPA, are paid up to $1000 per day.
+ How many contractors have been killed in Iraq?
The exact number is not known; not all companies report casualty numbers. In
June 2005, when the film originally aired, Erinys said it had lost three employees
on its contract with the Army Corps of Engineers, and an additional 16 employees
who were killed guarding Iraqi oil infrastructure. KBR, which employs over 50,000
in the region, told FRONTLINE that 65 of its employees, including 16 truckers,
have been killed since the beginning of the war.
Update: In November 2005, Knight Ridder obtained insurance-claim
statistics from the Department of Labor and reported 428 civilian contractor
deaths and 3,963 other casualties. However, the
story quoted two companies -- Halliburton and L-3 Communications -- as saying
their casualty figures were higher than those reported by the Labor Department
for their companies.
+ Given the continuing violence and dangers facing contractors, are
the companies having problems hiring?
So far, no. The private companies can increase salaries to correspond with
need, and as yet, there haven't been recruitment problems.
+ What are some advantages and disadvantages of hiring private contractors?
The number one reason cited for using private contractors in Iraq is the same
reason driving arguments for privatizing other government functions: Outsourcing
saves taxpayer money because private firms in a competitive market can do the
job more efficiently and at a lower cost. Critics question how money is saved
if firms must pay employees higher wages to attract them to work in Iraq, but
defenders point out that a) firms can hire and fire based on a surge capacity;
b) that employees from non-Western countries can be paid lower wages; and c)
that companies don't have to pay all the long-term benefits that are required
of the military.
Critics also argue that financial efficiencies are lost when companies subcontract
with other companies, as is typical of the private contractors operating in
Iraq.
No definitive studies on the cost-effectiveness of military outsourcing have
been done yet.
+ Read more
on the debate over cost-effectiveness.
One of the major disadvantages of using private contractors in Iraq is that
they operate outside of the military chain of command, with two consequences.
First, if a situation becomes too dangerous, individuals can halt operations
or break their contracts and leave. For example, after an incident on April
9, 2004, in which a 19-truck KBR convoy was ambushed -- six drivers were killed,
one was taken hostage, and one is still missing -- FRONTLINE was told that scores
of KBR truckers refused to drive until security improved and hundreds of contractors
left the country. For weeks, the military was left with dwindling stores of
ammunition, fuel and water.
+ Read this July 2005
GAO report on the continuing challenges in getting capable private security
contractors, coordinating their working relationship with the U.S. military
and tracking the costs of these forces. (pdf file)
Another consequence of contractors being outside the military command structure
is the lack of coordination on the battlefield. As Steven
Schooner, an expert in government contracting, explains, "[Contractors
and the military] don't communicate in the same networks. They don't get the
same intelligence information. And so, when things begin to develop quickly,
there's an awful lot of people around with weapons who have important tactical
responsibilities who don't have the same information and aren't getting the
same messages from the tactical leadership." This problem was evident on
March 31, 2004, when four
contractors working for the private security firm Blackwater were ambushed
and killed while escorting a convoy in Fallujah. Marine Col.
John Toolan, who at the time was in command of the region including Fallujah,
told FRONTLINE that not only did he not know the Blackwater contractors were
in the area, but that their deaths forced him to set aside his initial strategy
for quelling the insurgency in the area when he was forced to invade the city
and find the killers.
In order to remedy the coordination problem, the CPA contracted with another
private security firm, the British company Aegis, to coordinate and track all
the security teams operating in Iraq through a Reconstruction Operations Center
(ROC). But participation is voluntary and because they want to maintain their
competitive advantage in the marketplace, some companies are loathe to share
information with another company. A July 2005
report from the nonpartisan Government Accountability Office (GAO) found
that the ROC had improved coordination between the military and the security
contractors, but it also suggested two problems remain. First, there were still
incidents when security personnel approached military convoys or checkpoints,
and second, upon deployment to Iraq, many military personnel were not aware
of security personnel operating within the country.
+ Is the use of private contractors leading to a "brain drain"
from the U.S. military?
This is an argument of some critics, who say private security firms are poaching
highly trained Special Forces soldiers with salaries that are two to four times
what they can earn in the military. According to a report
from the British-American Security Information Council, "Reportedly, exhausted
American and British Special Forces personnel are resigning in record numbers
and taking highly-paid jobs as private security guards in Iraq and Afghanistan."
The Pentagon has responded by offering cash bonuses of up to $150,000 for Special
Forces to reenlist.
Brooks of the IPOA acknowledges that the industry's growth has created a new
market for Special Forces soldiers. However, he argues that the temporary nature
of the security industry is unlikely to draw those who didn't already want to
leave the military. "How long is Baghdad going to last? How long is there
going to be demand for these services? It's not a career-ending decision,"
he says. "You have to think if you're about ready to leave Special Forces
it makes sense. If you're in it for a career, then there's no point in leaving
just to do one or two years of personal security work.
+ What is the legal status of private contractors in Iraq? Are they
accountable under U.S. or Iraqi law?
One of the real problems in regulating all private contractors is their somewhat
ambiguous legal status. As Singer wrote in a
March 2005 article in Foreign Affairs, "Although private military firms
and their employees are now integral parts of many military operations, they
tend to fall through the cracks of current legal codes, which sharply distinguish
civilians from soldiers. Contractors are not quite civilians, given that they
often carry and use weapons, interrogate prisoners, load bombs and fulfill other
critical military roles. Yet they are not quite soldiers, either."
In June 2003, the Coalition Provisional Authority handed down Memorandum
17, which grants foreign contractors immunity from Iraqi law while working
within the boundaries of their contracted tasks. The memo placed private contractors
under the legal authority of the workers' home countries. In June 2004, one
day before the CPA transferred sovereignty in Iraq to the interim Iraqi government,
Paul Bremer signed a revised version of Memorandum 17, which stipulates that
the rule remain in effect until multinational forces are withdrawn from Iraq
or until it is amended by Iraqi lawmakers.
U.S. government contracts worth $50 million or more with private companies
must be reported to Congress, and the companies must comply with the U.S. International
Traffic in Arms Regulations (ITAR), which regulates the import and export of
arms material and services. But, for example, of the 60 known private security
companies operating in Iraq, only eight worked directly for the CPA; the rest
are subcontracted to provide protection for the primary contractors or even
other subcontractors. When companies are not contracted directly to the government,
they are accountable only to the contractor whom employs them.
Companies that contract with the Pentagon are required to follow a set of rules
known as the Defense
Acquisition Regulation Supplement (DFARS). DFARS governs all aspects of
contract enforcement, from accounting procedures to use of government property,
and contains a section on "Contractor Standards of Conduct" covering
proper behavior and a hotline for reporting improper conduct. DFARS was amended
on June 6, 2005, to hold contractors working to provide support to U.S. forces
deployed overseas accountable under U.S. and international laws as well as those
of the host country. It also permits contractors to carry weapons at the discretion
of the military commander.
American private contractors are also subject to the Military Extraterritorial
Jurisdiction Act (MEJA), which allows for the prosecution of civilians employed
by or accompanying the military while overseas and was signed by President Bill
Clinton in October 2000. MEJA has been criticized for loopholes, which came
to attention after reports surfaced of abuse at Iraq's Abu Ghraib prison. Although
private contractors stand accused in a series of lawsuits filed in U.S. courts
by former detainees, the companies might not be liable under MEJA because the
law deals only with contractors employed by the Department of Defense. As of
June 2005, the only person to be prosecuted under MEJA was Latasha Lorraine
Arnt, who in February 2005 was sentenced to eight years in prison for killing
her husband, a military policeman stationed at a U.S. Air Force Base in Turkey.
+ Have any contractors been prosecuted for misbehavior in Iraq?
No, according to Peter Singer. However, there have been civil lawsuits filed
against some of the PMCs; for example, the families of the four Blackwater guards
killed in Fallujah are suing for wrongful death.
+ What about allegations against Halliburton/KBR?
KBR has inspired a cottage industry of critics charging undue political influence
-- as its parent company Halliburton was formerly run by Vice President Dick
Cheney -- and financial fraud. The company has been the subject of numerous
audits: One by the U.S. Government Accountability Office of dining hall costs
for one four-month period alleges KBR charged $88 million for meals it never
served. And Pentagon audits allege that KBR overcharged $212 million for fuel
and billed the government $1.8 billion in other unsupported costs. The Pentagon
terminated the fuel contract. As for meals, KBR says workers prepared food that
just wasn't consumed. And the unsupported $1.8 billion, they say, is a paperwork
issue that's being resolved.
But for all the controversy, there are many in Wall Street and in Washington
who believe KBR is making only a slim profit, and that they've simply been overwhelmed
by the military's needs and failed to adequately track costs.