A/HRC/15/25
C.
Country visits
12.
The Working Group undertook two country visits in the course of 2009, one to the
Islamic Republic of Afghanistan and the other to the United States of America.
13.
Afghanistan, together with Iraq, represents the largest theatre of operations for
PMSCs and the United States, which has the largest military and diplomatic presence in
Afghanistan, is the principal employer of PMSCs in the country. The presence and
activities of PMSCs in Afghanistan are very much interconnected with the large number of
unauthorized armed groups of various kinds on Afghan territory. The Ministry of Interior
has estimated that no fewer than 2,500 unauthorized armed groups were operating in the
provinces under governmental control, which represent less than half the territory of the
country. There was a perception among interlocutors that many de facto non-State armed
groups used the regularization process for PMSCs to disguise their groupings as private
security companies, reinforcing the perception that PMSCs were a threat to peace and the
stability of Afghanistan. In early 2008, the Government of Afghanistan adopted a
comprehensive regulation to address some of these challenges and regulate the activities of
PMSCs operating on its territory. However, the Working Group noted that there is a lack of
systematic monitoring and reporting on cases involving the use of force by PMSCs on the
part of the Government, the Afghan Independent Human Rights Commission (AIHRC) and
the United Nations Assistance Mission in Afghanistan (UNAMA).
14.
The Working Group did not receive first-hand information that PMSC personnel
have engaged in direct combat activities since the adoption of the Regulation. Nevertheless,
the Working Group noted that by protecting Forward Operating Bases in conflict zones, a
civilian contractor, by protecting legitimate military targets, becomes a military target and
may lose protection under international humanitarian law.
15.
The vast majority of NGOs stressed that the high presence of armed private guards
did not generate a feeling of increased security among the Afghan population and that, to
the contrary, the large number of armed individuals, vehicles and weapons created a feeling
of fear and insecurity. The AIHRC also underlined the lack of clarity regarding the
jurisdiction applicable to PMSCs and the lack of accountability when crimes are
committed. On the basis of its findings, the Working Group made several recommendations
to the Government. The full report and a series of recommendations can be found in an
addendum to this report (A/HRC/15/25/Add.2).
16.
The Working Group visited the United States of America from 20 July to 3 August
2009. The Working Group found that the Government of the United States relies heavily on
the private military and security industry in conducting its worldwide military operations.
American PMSCs dominate this new industry, estimated to earn US$ 20 to 100 billion
annually. Private forces constitute about half the total United States force deployed in
Afghanistan and Iraq.
17.
The Working Group noted that the information accessible to the public on the scope
and type of contracts between the Government of the United States and PMSCs is scarce
and opaque. The lack of transparency is especially significant when companies subcontract
to others. The situation is particularly opaque when United States intelligence agencies
contract PMSCs. Given the agencies’ power to invoke confidentiality in the interest of
national security, the public does not have access to information on the company hired, the
activities it has been contracted to carry out or the area of deployment.
18.
The Working Group discussed with the authorities cases which raised concerns
about the extent to which private security companies, hired for defensive guard duty, have
joined in offensive military and intelligence operations and the existing close relationship
between the intelligence agencies and PMSCs.
6
GE.10-15155
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