security solutions issue 75

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agazine.comSECURITY SOLUTIONS M

AGAZINEISSU

E 75 DEC

/JAN

2011/12 - Dangers Of Social N

etworking In Security

A U S T R A L A S I A ’ S L E A D I N G S E C U R I T Y R E S O U R C E F O R B U S I N E S S A N D G O V E R N M E N T

ISSN 1833-0215

#75DEC/JAN 2012

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as was the case with many foreigners held in Iraq,

then the kidnapping may be non-negotiable and

a rescue operation may need to be implemented.

Al-Qaeda sympathisers kidnapped Australian

Dennis Wood in 2005 in Iraq where he spent

six weeks in captivity before being rescued. The

majority of kidnap victims in Iraq were killed or

their fates remain unknown.

The Importance Of Preparation The rise in adventure tourism has led to a

significant increase in tourists, including

Australians, exposing themselves to higher risks

overseas. Even so, most travellers don’t have

kidnapping on their minds as they pack their

bags and buy foreign currency. They may not

even bother to check the Department of Foreign

Affairs and Trade (DFAT) travel advisory website.

A simple rule for planning a personal holiday:

if government advice states do not travel, or

America but East Africa and Asia – including

Kenya, India, Indonesia, Malaysia, Pakistan,

Papua New Guinea, Somalia, and the Philippines

– all experience kidnappings, with the incidence

of the crime increasing in some of these areas.

Recently, two tourists and two aid workers

were kidnapped from northern Kenya and taken

to Somalia. At the time of writing, their fate is

yet to be determined. As these kidnappings

presented an apparent change in modus

operandi for Somali criminals, Kenyan authorities

were unprepared to respond to the incidents.

Until the reasons for the kidnappings become

clear, a response plan is difficult to establish.

If the kidnappings are financially motivated,

then a negotiated settlement is more easily

reached. According to some estimates 40% of

hostages are released after a ransom is paid

where the motivation is purely financial. However,

in the event of a politically motivated kidnapping,

By Courtenay Smith and Norm Neligan

The victims of kidnapping are a commodity used

to further the ends of the kidnappers. Victims can

be bought, sold, traded, and used as a bargaining

tool. They may be employed for financial gain,

to make a statement, or to attempt to influence

political, religious or social outcomes. While the

majority of kidnappings are ‘of locals by locals’,

the kidnapping of foreigners is on the rise – and

so is the cost.

Any overseas travel, for pleasure or work,

potentially presents security risks in any country.

Fortunately, in most countries the risks are low

and can be managed by common sense. A tourist

in Europe, for example, should be well aware not

to carry valuables carelessly in areas known for

pick-pocketing. But the risks are much greater

when travellers find themselves in locations

of conflict, lawlessness, weak government, or

political instability. Traditionally, the majority of

kidnapping has occurred in Central and South

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Resolution Of A Kidnap Can Take Some TimeThe Australian Government needed to assemble

a response team in Nairobi when Nigel

Brennan was kidnapped in Somalia in 2008.

Representatives from DFAT, Australian Federal

Police (AFP), and other government agencies

were flown in from Australia and other locations

to respond. With help from a specialist security

consultancy firm, Brennan was released after

fifteen months in captivity. Brennan believes any

tactical attempt to rescue him would likely have

resulted in his death.

Like most Western governments, Australia will

not pay a ransom demand and maintains a

strict ‘no ransom’ policy. There are pros and

cons of such a position. While ransom payment

can benefit the individual victim, it can have a

negative effect on travellers to that country in

general – when a government meets kidnappers’

demands, it increases the likelihood of more

kidnappings of its citizens.

Ransom payments can also increase the size

of future ransom demands as kidnappers realise

a government is not only prepared to pay for the

cost, but has the funds available to do so. This

does not stop the government, or anyone else,

from participating in the negotiation of a ransom

during an overall response to a kidnap.

Individuals travelling to high-risk locations

should prepare for all eventualities. This can

include taking out specialised K & R insurance:

the standard holiday travel insurance will likely

not be adequate. K & R insurance can be cheap

for low risk locales but it may be expensive,

sometimes several thousand dollars, if you are

travelling to a high-risk location. The insurance

coverage usually provides for the services of

a company that specialises in responding to

kidnapping incidents.

Kidnap For Ransom:

A Growth Marketreconsider the need for travel, then a different

(and safer) destination is the better option.

Companies, on the other hand, in a world of

shrinking natural resources, have increased

the deployment of staff to medium and higher

risk operating environments. However, proper

preparation and preventative measures, while

not guaranteeing protection from kidnapping, can

significantly reduce the risk. And in the event of

a kidnapping taking place, a properly developed

kidnapping and ransom (K & R) plan can assist

employers, governments and specialist security

firms to secure the release or rescue of a hostage.

Many individual travellers assume DFAT

will come to their rescue in the event of an

emergency. While the government will respond,

it is not always this simple. In many high-risk

countries, DFAT has little or no representation,

or in some countries, such as Somalia, no

diplomatic relations at all.

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064 SECURITY SOLUTIONS

TACT ADV

Reputable firms are experienced in all aspects

of kidnap response including crisis management,

negotiations, information collection, liaison

with government authorities and the media.

Some purport to have the expertise to conduct

a hostage rescue operation in extreme cases.

While insurers will fund assistance in the event

of a kidnap, they are unlikely to provide the

money for ransom. On those rare occasions

when a ransom is paid, it must be obtained from

elsewhere as the insurance company usually only

reimburses the ransom provider as part of the

insurance settlement after the event (and may

exclude from coverage any expenses directly

related to ransom).

Individuals and corporations should also be

aware that the payment of a ransom in many

countries, and most of the countries in East Asia, is

an illegal act unless it is at the request or instruction

of the local authorities as part of their formal

investigative operation to resolve the kidnapping.

The legal situation for employers is absolutely

clear-cut under Australian law. An employer

has a duty of care to all its personnel, including

those deployed offshore to high-risk areas. This

duty of care goes beyond providing appropriate

insurance for staff. Employers must take an

active role in mitigating the risks and preparing

its staff for all potential hazards they may face.

Prior To Travelling To A High-Risk Destination, Individual Travellers Should:• Check government travel advice and register

with DFAT in the country they are travelling to.

• Research the destination and understand

the cultural sensitivities, and the risks in

the location.

• Complete a Proof of Life document and

provide to employer and/or family.

• Nominate a next of kin, and ensure the person

is aware of their responsibilities.

• Plan the travel in complete detail providing

a travel itinerary of all transport and

accommodation arrangements to their

employer and family.

• Take out suitable insurance that includes

coverage for kidnapping.

In addition to focussing on response processes,

proactive assessment of the risks must also be

undertaken. For example, the kidnapping of

banking personnel in Papua New Guinea has

been on the rise over the last two to three years.

As a consequence, the major Australian banks

working in Papua New Guinea, all of which have

had their personnel targeted for kidnappings,

have now trained at-risk staff and have developed

comprehensive plans to prevent and respond to

such incidents. The risk is real.

While many larger employers who regularly

deploy staff to high-risk environments have

in-house security teams, these may not always be

sufficiently familiar with the environment and may

not have the expertise necessary to prepare staff

for the destination in question. They may also not

be sufficiently expert in proactively assessing risks

prior to mobilisation. In the event of a kidnapping

the in-house team may not have the ability,

contacts, or experience to respond appropriately.

If they do not prepare adequately, employers can

be exposed to legal action when things go wrong.

In 2010, Flavia Wagner, an aid worker with

Samaritan’s Purse, spent 105 days held captive in

Darfur, Sudan. This year, Wagner commenced a

lawsuit against her employer, alleging it failed in its

duty of care. Among a number of claims, the lawsuit

stated Samaritan’s Purse failed to provide adequate

training, ignored warning signs of kidnappings in

The payment of a ransom in many countries, and most of the countries in East Asia, is an illegal act unless it is at the request or instruction of the local authorities

065SECURITY SOLUTIONS 0065

COVER STORY


management. Credible service providers can

assist in assessing the risks involved in the

country of concern, provide risk mitigation

advice, prepare crisis management plans and

training to management and personnel, and

assist in responding to kidnappings.

Not all companies are reputable and have the

right skills, experience, reach, and capabilities.

Employers should do their research to determine

the most suitable consultancy for their needs.

It is notable that the security firm engaged by

Samaritan’s Purse is also a defendant in the

Wagner’s lawsuit.

Great care must be taken in selecting the

right firm. Not only must they be experienced,

they need to have the local knowledge and

preferably access to senior government

contacts on the ground. They must also be

trustworthy enough not to divert part or even

all of a ransom – a situation that has certainly

occurred in Central and South America in past

K & R cases.

Preparation should include the development

of a formal framework of crisis management

planning documents detailing incident

identification, assessment and escalation

processes; identification of crisis response team

members; call-down provisions for specialist

service providers (security, media management,

counselling); a welfare plan for victims, their work

colleagues and families; business processes to

manage any business continuity impacts; and

contingencies for post-trauma support for any

major corporate incident.

the region, and its own head of security in Darfur

was too inexperienced to manage the risks in the

region. The case remains before the courts.

Specialist Security And Crisis Management ProvidersEmployers need to actively manage the

security of personnel overseas. If staff have

to be deployed to high risk areas, they need

to be adequately trained to operate in hostile

environments and understand how they should

act to minimise the risk. They must also learn

how to act if kidnapped. Support personnel,

whether at home or in-country, must know

the risks and be properly trained to implement

a crisis management plan and respond to

a kidnapping or other emergencies rapidly,

efficiently, and effectively.

Employer ResponsibilitiesWhen deploying employees overseas, companies

should:

• Commission a security risk assessment

• Prepare a crisis management plan

• Provide appropriate training to personnel

• Identify a reputable K&R response company

and engage if necessary

• Ensure personnel are insured

• Monitor changes to the risk in country

• Be prepared to respond rapidly in an emergency

Employers can seek the advice of companies

specialising in security risk advice and crisis


MFB

COVER STORY


assisted in achieving a positive investigative

outcome including, in many cases, the arrest of

the perpetrators.

Employers do not absolve themselves of

responsibility once a security consultancy is

engaged; they remain an integral part of the

response. Employers provide background on the

victim, support to family, and engage with the

media. Local authorities also play an absolutely

critical role. They will most likely have a strong

understanding of the environment, knowledge

of kidnappings in the region, knowledge of the

likely perpetrators, and the ability to provide

the necessary logistical support to carry out

negotiations or rescue operations if required.

However, in some cases, such local assistance

will be limited where there may not be an effective

government or security apparatus, as in the

case of Somalia. In some countries, like Mexico

or Venezuela, it is possible that local officials,

including the police, may be involved in the crime.

While In A High-Risk Country, Individuals Should:• Be aware of, and respectful to, their environment.

• Not flaunt their wealth or expose their

valuables.

• Stay in secure accommodation.

• Travel in groups and in daylight whenever

possible.

• Contact people at home (employers/family) at

regularly agreed times.

• In the event of a kidnapping, always comply

with captors’ demands.

• Not attempt to escape unless there is an

imminent threat to life.

Cooperation with foreign government agencies,

at the national or local level, needs to be managed

with care and sensitivity. In all parts of the world,

sovereignty is usually jealously guarded and laws

differ from country to country. Any unilateral

action by a foreign government or a private firm

or individual can result in official cooperation

being withdrawn. This can often increase the

risk to the victim from ill-considered tactical

interventions. This happened in the Philippines

in 2010 when non-specialist police botched an

attempt to free by force a busload of kidnapped

tourists resulting in multiple fatalities. Breaking

the law (for example, in many jurisdictions paying

ResponseThe response to an Australian kidnapped overseas

will be dependent on the situation. The decision

of who ultimately takes the lead in responding

will depend on a number of factors including

geography, capability, and the wishes of the

client (the victim’s family or employer). It is more

likely than not that an employer’s insurer and

associated security firm will take a prominent role

in responding to the kidnapping of a company staff

member where insurance has been taken out.

This would still require close collaboration with the

relevant government agencies, both in-country and

from the victim’s country of citizenship.

In the case of an Australian individual, the

government will usually take a key role, though

other players are necessarily involved from the

moment a kidnap situation develops. Significantly,

several kidnappings in the Asia Pacific region in

recent years have been resolved very quickly,

and before Australian government agencies have

had the chance to fully mobilise. In a number

of recent cases, direct liaison with local police

and government agencies by company officials

and their nominated security consultants have

Employers do not absolve themselves of responsibility once a security consultancy is engaged; they remain an integral part of the response

069SECURITY SOLUTIONS

COVER STORY


a ransom is illegal) can attract severe penalties,

irrespective of the fact the breach may have been

made with the best of intentions.

Negotiations on behalf of the family or

employer with local responders can be difficult

and challenging. The different parties often lack

trust in each other and the competent police

authority will also be influenced by its political

master and, in certain circumstances, by media

coverage and professional criticism. A skilled K &

R adviser needs to understand the complexities

of these relationships and how to deal with

and influence positively the relevant police

commanders and their police negotiations team

to ensure that the safety of the hostage remains

of paramount importance.

Rescue operations should be carried out only

as a last resort when negotiations are exhausted

and there is an imminent threat to life. These

operations are high-risk as they commonly put

the hostage in more danger, in addition to the

risk to rescuers and civilians alike. When NATO

forces attempted to rescue British aid worker

Linda Norgrove in Afghanistan, one of her captors

activated his explosive suicide vest. Norgrove died

from her injuries. Any private company offering

rescue services should be very critically assessed.

They are likely breaking the law in the host country

(as violence during a rescue is possible) and could

expose themselves and their clients to criminal

charges or other legal action. In short, private

arrangements for rescue operations in hostile

environments should be avoided.

No matter how prepared an individual or an

employer is, kidnappings are not always avoidable

and they are occurring in the Asia-Pacific region

as well as in the more predictable locales of the

Middle East and Central America. Furthermore,

multinational companies are increasing their

operational expansion into new and emerging

markets that pose higher risks than more

developed economies. There are also many

individuals who choose to make an adventurous

trip to a distant land.

People need to take responsibility to minimise

their exposure to kidnap in medium and high-risk

environments, and employees and employers must

be properly prepared to respond when kidnappings

occur. This will not eradicate kidnappings, but it

will assist in curtailing the frequency of incidents

and reduce the financial, physical, and psychological

impact on victims, their families, and employers. n

Courtenay Smith is Manager, Asia for Intelligent

Risks (IR), based in its Bangkok office, and had

a highly successful career in a national security

capacity with the Australian Government, including

as a senior diplomat on overseas posting, before

entering private practice. Norm Neligan is General

Manager of IR, and is a highly qualified security

professional with over 20 years experience at senior

levels in the Australian Government and private

industry in security roles. IR is a leading international

management services consultancy providing risk

management, security and crisis management

services in over 75 countries, including kidnap

preparedness and response. www.irisks.com

security solutions issue 75

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