UN GENERAL ASSEMBLY: MERCENARIES

UNCLAS SECTION 01 OF 02 USUN NEW YORK 001063 SIPDIS SIPDIS E.O. 12958: N/A TAGS: UNGA PHUM IZ SUBJECT: UN GENERAL ASSEMBLY: MERCENARIES ¶1. (U) On November 7, Jose Luis Gomez del Prado, Chairmen of the UN's 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, presented his report to the Third Committee of the UN General Assembly. Much of his statement dealt with the use of private security guards in Iraq and Afghanistan. ¶2. (U) Gomez del Prado said the Working Group had received complaints that guards from private security firms are acting indiscriminately, shooting, killing or injuring civilians whom they consider a threat. He noted that the September 16 incident in Iraq is one of many such incidents that have occurred since private security firms started operating there. He argued that governments have a duty to respect human rights, the rule of law and public order, even when using private security companies. ¶3. (U) Gomez del Prado noted that the U.S. State Department contracts security firms, which in turn sub-contract with other companies, whose employees are often former military and police officers recruited abroad. He stated that this leads to complicated contractual relationships and unclear accountability for violations of human rights caused by these contracted guards, and to violations of the rights of the guards themselves. -------------- U.S. Response -------------- ¶4. (U) The U.S. delegate responded that the United States sets high standards for all security contractors at the U.S. Embassy in Baghdad. He described Embassy procedures in response to rare instances of the use of force by contractors. He also described the U.S. response to the September 16 incident, including an FBI investigation, a joint commission of inquiry with the government of Iraq, and the Secretary of State's Panel on Personnel Protective Services in Iraq. (The full text of the U.S. statement is available at www.usunnewyork.usmission.gov.) ¶5. (U) In response Gomez del Prado thanked the United States for outlining measures taken to ensure accountability among its security contractors in Iraq. He noted that more than 20,000 private security guards have worked in Iraq since the beginning of the conflict. He stated that the High Commissioner for Human Rights raised the issue of the accountability of these individuals with the United States and the U.S. response has been that these individuals are accountable to the U.S. federal courts. He also noted, however, that Ambassador L. Paul Bremer had granted immunity to individual contractors and that as a result Iraqi courts are not able to bring these individuals to justice. ¶6. (U) Gomez del Prado argued that while private security companies have codes of conduct, they are often not enforced in practice. He noted that there have been many cases of indiscriminate acts of violence by contractors and that these incidents have been reported in the press. He also argued that there is a need for regulation to cover the "gray areas," including a possible optional protocol to the UN's 1989 convention on mercenaries. He suggested holding regional meetings, which would bring together companies and NGOs to come up with such a protocol. -------------- Other Delegations Respond -------------- ¶7. (U) Russia called for the creation of a legislative basis to monitor and track private security contractors. Libya stated that it is not a matter of prohibiting, but rather of regulating and evaluating, the work of these companies. Later in the debate, however, the Libyan delegate argued that the international community must correct the problem of this "new form of mercenarism" as soon as possible by banning and criminalizing the use of private companies in cases of invasion and occupation. Venezuela said the involvement of mercenaries both in security services and in training of foreign armed forces constitutes a violation of human rights and the right to self-determination and could lead to incitement of civil wars. Chile expressed support for the Working Group, but said the issue of alleged violations of human rights of indigenous peoples by contractors of a forestry company in Chile is outside the Group's mandate. USUN NEW Y 00001063 002 OF 002 ¶8. (U) The report of the Working Group can be found at http://daccessdds.un.org/doc/UNDOC/GEN/N07/48 9/82/ PDF/N0748982.pdf?OpenElement. Khalilzad