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In an extreme case, continuation of intensified competition between bidders is plausible even<br />

after the licences have been awarded and could culminate in an attempt to persuade<br />

companies to return or governments to terminate licences. One thinkable way to achieve this<br />

purpose would be to instrumentalise the local population – particularly in regions with ethnic<br />

or religious minorities – aiming at deliberately degrading the concerned oil companies’<br />

working conditions. Such a development could result in uprisings similar to the one in the<br />

Niger Delta region, where, since the end of the 1990’s, indigenous groups have been taking<br />

action against the exploration of oil. 89<br />

Assumption of government tasks by private companies<br />

In regions of fragile statehood in which governments do not perform their main tasks<br />

adequately, actors are confronted with what is at least a partial vacuum of government<br />

functions. 90 In this environment, domestic and foreign companies that are active in such a<br />

neglected region could be forced to assume certain government tasks in order to be able to<br />

continue pursuing their actual task effectively. Some companies already use measures to<br />

create legitimacy and to stabilise the situation in an environment that is characterised by a<br />

low or dwindling governmental presence. In exceptional cases, as long as benefit prospects<br />

are good, civilian companies take measures themselves to contain and overcome uprisings in<br />

the event of local opposition. 91 . This can be referred to as “corporate counterinsurgency”. 92 In<br />

addition to a passive security dimension that comprises protecting their own infrastructure,<br />

such an approach generally encompasses other dimensions such as targeted improvement of<br />

the local population’s living conditions, increasing acceptance by promoting local projects, or<br />

job creation. On the whole, these measures can comprise a wide range of activities and are<br />

not subject to any clear and definite categorisation. In the final analysis, the spectrum of<br />

possible tasks would include performing or directly commissioning and monitoring what are<br />

actually sovereign tasks of governmental use of force. This, however, would foster legal grey<br />

areas and further erosion of state sovereignty and institutions. 93<br />

Prerequisite for such a situation is always the prospect of economic advantages, without<br />

which a private company would not be willing to continue working in conflict regions due to<br />

89 The initially non-violent resistance has meanwhile developed into open insurgency.<br />

90 Inadequacy as regards task performance can be attributed to deliberate withdrawal by the state and to institutional weakness. This deliberate neglect of certain<br />

homeland regions on the part of governments is also referred to as "policy of the cunning state". It makes it possible to concentrate national funds on regions that are<br />

considered prioritised. Cf. Annette Weber, Kriege ohne Grenzen und das "erfolgreiche Scheitern" der Staaten am Horn von Afrika, SWP-Studie 26, September 2008,<br />

http://www.swp-berlin.org/common/get_document.php?asset_id=5280 (accessed on 13 October 2010).<br />

91 Mobile companies, as a general rule, leave such regions. In most cases, companies that are tied to the region due to raw material deposits make a cost-benefit analysis.<br />

92 Cf. William Rosenau et al., Corporations and Counterinsurgency, RAND, 2009, 2. http://www.rand.org/pubs/occasional_papers/2009/RAND_OP259.pdf (accessed<br />

on 13 October 2010). The term "counterinsurgency" (COIN) has repeatedly led to misunderstandings and dissent in Germany due to the fact that it is based on various<br />

translations and interpretations. Often translated as "combating uprisings", the term suggests military action against an uprising. Against the background and now<br />

recognised assessment that only approximately 15-20% of the activities whose purpose is to put an end to an uprising are of a military nature and that the management and<br />

majority of the necessary tasks are the responsibility of the civilian sector, preference is to be given to the translation "controlling uprisings". The reason for this dissent is<br />

the insufficiently consolidated historical parallelism between two schools of thought on controlling uprisings. While the enemy-centric COIN school of thought aimed at<br />

ending the uprising with the use of repressive police, paramilitary or military measures against insurgents, the population-centric COIN approach focused on protecting the<br />

population and gaining its support and - building on this - on gaining legitimacy. In the meantime, this form has prevailed and is used as a basis. In addition to offensive<br />

measures taken by security forces against insurgents, the approach above all comprises issues concerning governance, guarantee of government services and improvement<br />

of living conditions.<br />

93 If the lack of government presence in the regions concerned is based on a lack of options, this could lead to conflict potential between the host country and the<br />

enterprise However, since both actors wish to see the state performing its tasks itself, this conflict potential seems to be of a short-term or rhetoric nature because it can be<br />

assumed that a cooperative solution can be found that involves the same objectives.<br />

37

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