A/HRC/4/42
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entering Papua New Guinea without appropriate visas have allegedly been recruited to provide
security training and advice for a former Bougainville leader controlling the “no-go zone”
in the south of Bougainville. While it has been reported that individuals among this group
have left Bougainville in the course of the year, occasional violence and clashes occurred
throughout 2006, including in the areas of Buin and Siwai.
19.
By 15 December 2006, the Working Group had not received written responses from the
Governments of either Papua New Guinea or Fiji. The Working Group urges all actors involved
in Papua New Guinea to undertake precautionary measures and de-escalate law-and-order
challenges in the southern region of Bougainville.
20.
On 10 March, 9 June and 17 July 2006, the Working Group sent communications to the
Government of Chile, concerning information received about ex-military and ex-police from
Chile allegedly recruited by PMSCs in Chile or abroad, with some of the PMSCs administered
by Chilean nationals. In its communications to the Government, the Working Group conveyed
information received of figures and dates of several contingents of ex-military personnel
having departed to work in countries in conflict. The Working Group also noted a situation
reported in September 2005, when 105 Chilean nationals entered Honduras with tourist visas,
while allegedly being military trained by a PMSC. The Working Group noted that more
than 600 ex-military personnel from Chile may have served as security guards in Iraq since
March 2003. Accounts had also been received of alleged abuses, arbitrary detention and torture
of Chileans when performing security work abroad, and those experiences of non-fulfilment of
contracts were being processed by families in the Chilean judicial system. The Working Group
also noted the common feature that the place of the signing of a contract with a PMSC
commonly occurred in one country, while the place of execution of the contract was another
country, and that the competent court and laws could be in a third country. Because of this legal
situation and conflicts of laws, the Working Group noted occasions when the Chilean courts had
not been competent to demand the payment of the wages and take other action.
21.
On 25 April and 17 October 2006, the Working Group received responses from the
Government of Chile. In the response of 25 April 2006, the Government of Chile requested
further information on the allegations received, such as the number of individuals affected, the
private companies involved, and the facts, locations and other information of the situation or
situations of interest to the Working Group. In the response of 17 October 2006, and following a
consultation in Geneva between the Permanent Representative of Chile and the
Chairperson-Rapporteur, the Permanent Representative submitted:
On this point I can inform you that the Ministry of Foreign Affairs is coordinating
a reply to the various allegations contained in your letter, which refer to a broad set of
topics ranging from questions relating to the functioning in Chile of private companies
engaged in recruiting ex-military and ex-police to serve as security guards abroad,
through to the possible non-fulfilment of private contracts between those companies and
the personnel recruited and including the filing with the Chilean courts of an application
for amparo on the grounds of supposed ill-treatment and torture suffered by two persons
recruited by one of the said companies while they were serving abroad …
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