A/HRC/42/42 V. Human rights abuses by private military and security companies working for extractive companies 49. Human rights violations and abuses in the context of the exploitation of natural resources have been widely documented (see A/HRC/39/17 and A/HRC/41/54). Cases are most frequently reported in areas rich in natural resources in Latin America, Africa and Asia, and to a lesser extent in North America. A plurality of actors are allegedly responsible, including States and non-State actors, such as private military and security companies, paramilitary and criminal security groups, at times acting individually and at others undertaking coordinated action. 50. Those most at risk of human rights abuses are indigenous people and communities, environmental and other human rights defenders, and artisanal miners. Across these categories, women are frequently affected. In March 2019, the Human Rights Council adopted, by consensus, resolution 40/11, in which it recognized the critical role of environmental human rights defenders and the threats they faced from State and non-State actors. The consequences of abuses on the physical and mental health of victims are, in many cases, long-standing and severe. A. Freedom of assembly and expression 51. In many extractive operations, risk assessments conducted by private military and security companies play an important role in creating or sustaining the narrative with regard to those who should be identified as a security risk. Individuals who oppose extractive projects, including by engaging in peaceful protests, appear to be depicted as a risk to public order, despite their rights to freedom of assembly and association. The Working Group received information regarding the direct involvement of private military and security companies in the repression of opposition activity to extractive projects; for example, in the United States of America, protests against the Dakota Access Pipeline that transports crude oil, passing through the lands of the Standing Rock Sioux Tribe, were allegedly met with excessive use of force by State law enforcement officials, the North Dakota National Guard and private military and security companies. Operating together, these parties were accused of using excessive force – including in one instance private military and security service staff allegedly using guard dogs – against protestors. According to media reports, the daily situation reports of one of the private military and security companies operating around the pipeline suggested that it had used infiltration techniques to sow discord and monitor actions of protestors in an attempt to thwart protest activity and to identify threats to the pipeline.35 Tactics to divide local communities between supporters and opponents of extractive projects have also reportedly been used elsewhere to curb resistance by environmental and human rights defenders, indigenous peoples and others. 52. Artisanal and small-scale miners are also often categorized as a security risk without adequately taking into account broader socioeconomic factors. Figures show that artisanal and small-scale mining is an important livelihood and income source, with some 100 million workers and their families around the world dependent on artisanal mining compared to approximately 7 million people in industrial mining. 36 At the same time, some small-scale mining may pose security risks, as seen in Ghana, where reports were received of violence associated with unauthorized mechanized mining on concessions granted to large-scale legal mines. Armed illegal miners reportedly attacked and shot at unarmed mine security personnel, while police reportedly shot at unauthorized miners (see A/HRC/39/49/Add.1). B. Physical integrity rights 53. Allegations brought to the attention of the Working Group include surveillance, death threats or other types, intimidation and campaigns to discredit those opposing extractive 35 36 14 Alleen Brown, Will Parrish and Alice Speri, “Leaked documents reveal counterterrorism tactics used at Standing Rock to “defeat pipeline insurgencies”, The Intercept, 27 May 2017. See also https://spcommreports.ohchr.org/Tmsearch/TMDocuments, JUA USA 7/2016 and JUA USA 14/2016. See www.worldbank.org/en/topic/extractiveindustries/brief/artisanal-and-small-scale-mining.