Prosecution, Not Deportation For Masterminds

THE attempted recruitment of Namibians by a foreign private security firm to provide security services in Iraq had all the characteristics of mercenary activities.

And mercenary activities are outlawed by both Namibian law and international law. Sophisticated private security companies cover their illegal activities by providing many different kinds of services (such as referring to “non-combatant” security services), but in fact they work with or are mercenaries, who in exchange of large sums of money, offer themselves as solutions to countries experiencing instability and armed conflicts.Irrespective of the way in which mercenaries or related activities are used or the form they take to acquire some form of legitimacy, they are a threat to peace, security and the adherence to human rights.Why mercenary activities are bad is the fact that the state is outsourcing a vital component of its obligations – that of providing security for its citizens – to a private concern with the sole aim of making profits.This normally occurs when the state has lost all or part of its capacity to keep order, and is now seeking the assistance specialised private companies, which will take charge of the state’s maintenance of law and order.The responsibility of matters of law enforcement and internal security should be non-transferable.The UN General Assembly and the UN Commission on Human Rights have both condemned any state that allowed or tolerated the activities of mercenaries and urged all UN member states to ratify the International Convention against the Recruitment, Use Financing and Training of Mercenaries.Namibia is not a signatory to this international treaty, and this recent debacle should provide an impetus for Namibia to join the world of nations and accede to the treaty.The Government was right in its actions against the recruitment of Namibians to provide security services in Iraq, as that is incompliance of its obligations under national and international law, and to the United Nations.However, I am of the opinion that the masterminds should not have been deported, but should have been subjected to prosecution in Namibia.However, the prompt action by the Government has averted a potential international crisis of its citizens that may get involved in the ugly Iraqi conflict.Norman Tjombe Director Legal Assistance CentreSophisticated private security companies cover their illegal activities by providing many different kinds of services (such as referring to “non-combatant” security services), but in fact they work with or are mercenaries, who in exchange of large sums of money, offer themselves as solutions to countries experiencing instability and armed conflicts.Irrespective of the way in which mercenaries or related activities are used or the form they take to acquire some form of legitimacy, they are a threat to peace, security and the adherence to human rights.Why mercenary activities are bad is the fact that the state is outsourcing a vital component of its obligations – that of providing security for its citizens – to a private concern with the sole aim of making profits.This normally occurs when the state has lost all or part of its capacity to keep order, and is now seeking the assistance specialised private companies, which will take charge of the state’s maintenance of law and order.The responsibility of matters of law enforcement and internal security should be non-transferable.The UN General Assembly and the UN Commission on Human Rights have both condemned any state that allowed or tolerated the activities of mercenaries and urged all UN member states to ratify the International Convention against the Recruitment, Use Financing and Training of Mercenaries.Namibia is not a signatory to this international treaty, and this recent debacle should provide an impetus for Namibia to join the world of nations and accede to the treaty.The Government was right in its actions against the recruitment of Namibians to provide security services in Iraq, as that is incompliance of its obligations under national and international law, and to the United Nations.However, I am of the opinion that the masterminds should not have been deported, but should have been subjected to prosecution in Namibia.However, the prompt action by the Government has averted a potential international crisis of its citizens that may get involved in the ugly Iraqi conflict.Norman Tjombe Director Legal Assistance Centre