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ammunition.30 In addition, the question arises of the human rights violations committed by this
personnel, trained by PMSCs with little control and without a clear country of origin, and
operating with military functions without a clear understanding of the lines of control.
52.
Another phenomenon of interest to the Working Group is the increasing use of force
by PMSCs and private groups that are exercising domestic police functions in Latin American
countries. This trend has led to a situation where in many countries the employees of PMSCs
have surpassed the numbers of the police forces. For example, in Honduras, estimates vary
that PMSCs, whether legally registered or illegal, effectively employ between 12,500 and
70,000 security guards, compared to the national police which has an estimated 8,000 police
officers.
53.
The Working Group notes that PMSCs also in the domestic context are increasingly
permitted to take actions traditionally in the competence of the police. The Working Group
considers it important to ensure effective State control of the activities of these domestically
operating PMSCs, also with regard to arms control and licensing, as many illegal companies own
large stocks of small arms and light weapons. Furthermore, the Working Group notes legislative
efforts to prohibit currently serving police and military personnel from owning and operating
PMSCs, as is the case in Honduras.31
54.
The Working Group recognizes that petroleum, water and mineral areas and their
infrastructure are strategic installations which may require special State protection also for
reasons of national security. However, the Working Group also notes the tendency of some
national military forces to privatize and offer their contracted services to extractive industries,
mainly oil companies, as experienced in Ecuador. The Working Group reiterates the importance
of national armies to protect all individuals in their jurisdiction. Building on the work of prior
Special Rapporteurs and the outcome of the third Meeting of Experts, hosted by the Office of the
High Commissioner for Human Rights, the Working Group is concerned of the complex
relations between the protection of national resources and their geo-strategic importance, the
actions and interests of PMSCs, and the repression on social movements.32 The creation of
private armies and the practice of illegal exploitation of natural resources have been inextricably
linked with the continuation of armed conflicts in several situations around the world, including
in Latin America.
55.
The Working Group notes the existence of bilateral agreements providing for the
immunity of nationals, and including personnel of PMSCs, from judicial proceedings and
exemption from bringing cases to the International Criminal Court. The Working Group notes
30
Paez, Ángel. “Mercenarios para Irak con ayuda del ejército”. Interpress Services
New Agency, at http://www.ips.org (visited on 28 October 2005).
31
32
Cf. article 102 of the Organic Law of the National Police in Honduras.
For pertinent reports of the former Special Rapporteur, Mr. Bernales Ballesteros and
Ms. Shaista Shameem, see http://www.ohchr.org/english/issues/mercenaries/specialrap.htm.
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