A/HRC/4/42
page 12
two South Africans working in Iraq received amnesty after confessing having committed crimes
against humanity in South Africa, and one ex-policeman allegedly killed 15 anti-apartheid
activists and placed explosives in the homes of between 40 and 60 political activists in
South Africa.9
34.
In its report to the General Assembly, the Working Group expressed its concern at the
participation of the employees of two PMSCs in violating human rights, which occurred in the
prison of Abu Ghraib (A/61/341, para. 69). These employees held key functions without being
accountable to effective regulatory and control mechanisms, as the employees allegedly
implicated have not been subject to any investigation nor sanctioned. Their alleged involvement,
with others, in the Abu Ghraib torture scandal “has increased suspicion, especially from the
United States military, of the reliability of (private) contractors” and contributed to hamper
reconstruction efforts in Iraq.10 The Working Group is concerned that these cases are not
isolated, and could represent only a fraction of all cases. As one human rights NGO has noted,
while commercialization of PMSCs perhaps could bring more efficiency, the privatization of the
use of force inexorably leads to impunity; only 1 out of 20 cases of alleged human rights abuses
by PMSC employees towards prisoners in Afghanistan and Iraq has been addressed by
tribunals.11
35.
The Working Group notes a study undertaken at John Hopkins University Bloomberg
School of Public Health, which estimates that some 655,000 Iraqis have died during the war and
the occupation of their country.12 These figures have been disputed by the Governments of the
United States, the United Kingdom and Iraq. While the exact figure remains to be verified, it
would be relevant to also assess how many have been killed by PMSC employees. In this
regard, the Working Group notes with concern a CNN television report on the activities of some
PMSCs in Iraq, broadcast in June 2006, which included clippings from an amateur video of
9
Estimates vary between 200 and up to 4,000 South Africans working for PMSCs in Iraq. See
G. Bell, “Anti-mercenary hill spurs security fears”, Mail and Guardian, 17 August 2006, cited in
the report War on Want. See also Louis Nevaer, Pacific News Service, 4 May 2004 and
M. Wines, “Anti-mercenary law passed”, New York Times, 30 August 2006. The Working
Group also notes reports of South Africans having being directly implicated in March 2004 in
the tentative coup d’etat in Equatorial Guinea side-to-side with the British owners of the private
companies. See George Monbiot, “Pedigree dog of war”, The Guardian, 25 January 2005, and
“Guerriers à louer”, programme Temps Présent, TV Suisse Romande, 2005.
10
James Kwok, op. cit.
11
Alan Cowell, “Rights Group criticizes US over ‘Outsourcing’in Iraq”, New York
Times, 24 May 2006. See annual report of Amnesty International USA, available at
http://www.amnestyusa.org/annualreport/2006/overview.html.
12
David Brown, “Study claims Iraq’s excess death toll has reached 655,000”,
Washington Post, 10 November 2006.
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