Report of the Working Group on the Use of Mercenaries as a Means of Violating Human Rights and Impeding the Exercise of the Right of Peoples to Self-determination

TitelReport of the Working Group on the Use of Mercenaries as a Means of Violating Human Rights and Impeding the Exercise of the Right of Peoples to Self-determination
Typ der PublikationBook
Untertitel / SerientitelReport of the Mission to Afghanistan to the UN Human Rights Council
Publikationsjahr2010
AutorInnenN.N.
Anzahl Seiten20 pp.
VerlagWorking Group on the Use of Mercenaries as a Means of Violating Human Rights and Impeding the Exercise of the Right of Peoples to Self-determination
UID1542
Kurztext

(The following text forms the summary of the report:)
At the invitation of the Government of Afghanistan, the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the rights of peoples to self-determination visited the Islamic Republic of Afghanistan from 4 to 9 April 2009. The Working Group welcomed this opportunity to engage in a constructive dialogue with the Government and other stakeholders on issues related to its mandate.
Afghanistan, together with Iraq, represents the largest theatre of operations for private military and security companies (PMSCs). The United States, which has the largest military and diplomatic presence in Afghanistan, is the principal employer of private security in the country. Since 2005, the deterioration of the security situation due to a growing insurgency has led to an increased demand for security, in particular from the international community. The Government of Afghanistan has acknowledged its limitations in providing adequate security to the international community present in its territory and allowed for foreign and national private security companies to supply additional security.
The Government of Afghanistan has also stresed the need for prompt adoption of procedures to regulate and monitor the activities of these companies, saying the the lack of rules governing the activities carried out by PMSCs created a culture of impunity dangerous for the stability of the country. Civil society had a negative perception of the large presence of PMSCs, in particular with regard to the difficulty of differentiating the legal army and police from foreign troops, PMSCs or even illegal armed groups.
A comprehensive regulation was adopted by the Council of Ministers in February 2008 and is still in force today. The Regulation led to the licensing of 39 Afghan and foreign companies1 and the registration of their personnel and weapons. The Regulation, if properly implemented, is an important step to ensuring monitoring and accountability of PMSCs.
However the adoption of a regulation is not sufficient in itself to ensure adequate oversight and improved human rights protection. The Working Group stresses the fundamental principle of the control of the State over the use of force and welcomes the willingness of the Government of Afghanistan to gradually increase capacity and training of the State army, police and security forces in order to ensure the safety and security of its population and of the international community present in its territory, while ensuring respect for the rule of law and human rights.
On the basis of its findings, the Working Group makes several recommendations to the Government of Afghanistan, including that it should investigate, disarm and prosecute all PMSCs operating without licences in the country and investigate all reported cases of incidents involving casualties committed by private security contractors, prosecute the perpetrators and ensure effective remedy for victims. It also recommends the establishment of an independent public complaints mechanism to which the local population and civilian international actors could submit complaints about violations committed by PMSCs. In addition, the Working Group addressed recommendations to the international community. In particular, it calls for the publication of statistics regarding private military and security casualties and civilian casualties resulting from the activities of PMSCs, and increased oversight over the PMSCs they employ. Finally, it encourages the Government of Afghanistan to seek the assistance of the United Nations Assistance Mission in Afghanistan (UNAMA) in the implementation of these recommendations.

URLhttp://www.humansecuritygateway.com/documents/UN-Working-Group-Report-Mercenaries-HumanRights-SelfDetermination-Afghanistan.pdf
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