A/HRC/4/42
page 16
45.
In Ukraine it was reported that seven citizens and one foreigner were convicted on
charges of crimes of mercenarism; two other foreign citizens were deprived, through court
decision, of the right to enter the territory of Ukraine. The General Procurator of Ukraine
completed trials regarding four foreign citizens (from Greece, Iraq and Pakistan) who were
planning to purchase and export large amounts of weapons as well as trying to recruit former
military personnel for working abroad.
46.
In Georgia, which is a signatory to the International Convention, provisions on
mercenarism are absent in the country’s Criminal Code. The Working Group was informed of a
number of individuals involved in the armed hostilities in Abkhasia and South Ossetia regions.
C. Latin America and Caribbean countries
47.
The Working Group notes a phenomenon in Latin America (and other regions), of States
increasingly ceding military and security core functions to PMSCs, with the risk that PMSCs are
complicit in human rights violations while enjoying complete impunity. This was observed in
visits undertaken by the Working Group, which noted the regional scope and effects of the
situation.23
48.
The Working Group notes the tendency that some PMSCs employ individuals from
Latin America in order to perform security guard work in countries of conflict, including Iraq
and Afghanistan. Front companies operate without legal personality or legal standing in the
country or countries where the contract was signed and implemented, and often refer to the
jurisdiction of a third country. In contracts signed by individuals from Honduras, accessed by
the Working Group, it was stated that the “contracts are regulated under the laws of the State of
Illinois (United States), also for those signed in Honduras. In the case of disagreements as to the
fulfilment of contracts, the competent tribunal will be in any case along the will of the worker or
where the service has been performed” (translated from Spanish). With regard to Peru, the
Working Group has received information of some 200 individuals recruited by PMSCs for work
in Iraq since 2003. Families of these Peruvian contractors were informed that “if they want to
request compensation from the company, they have to do so in a court in the State of Virginia
United States), as the contract is under the jurisdiction of this State, to where the company
moved its headquarters the past June” (translated from Spanish).24
49.
The Working Group is concerned of persistent reports of contractual irregularities and
mistreatment, including allegations of individuals having been contracted to perform
non-military functions, but who find themselves in situations where they receive military training
and are instructed on the use of automatic machine guns. The Working Group notes information
received of individuals serving for PMSCs abroad being prevented from returning to their
countries of origin. For example, an alleged situation of 35 Colombian citizens, contracted by a
23
While the Chilean cases were briefly described above, for more information regarding cases
in Honduras and Ecuador, see A/HRC/4/42/Add.1 and 2.
24
Paez, Ángel. “Mercenarios para Irak con ayuda del ejército”, Interpress Services
New Agency, at http://www.ips.org (visited on 28 October 2005).
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