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would be militarily armed. Recruited in their respective countries from all over the world as
“private security guards” to provide protection, most of them have in fact taken part in an
internal low-intensity armed conflict. These third-countries nationals are not members of the
armed forces of a party to the conflict and they have not been officially sent by their respective
States.43 Many individuals interviewed by the Working Group on its missions have been
essentially motivated by private gain. These are all characteristics of the mercenary-related
activities and modalities of the conflicts of the twenty-first century.
39. The Working Group has received information about deceptive recruitment and exploitation
of nationals from developing countries to work for these PMSC in situations of violence and
armed conflict such as Iraq. The Working Group is increasingly concerned at the effects of such
exploitation and the resulting challenges in terms of compensation and jurisdictional
uncertainties. When contractors sign their contracts they commonly waive a number of rights,
including their right to seek legal recourse against the subsidiary company which has selected
and contracted them, or the company which employs them “including even where loss, damage,
personal injury or death is caused or contributed to any manner by the company”.44 There is also
the example of thousands of Fijians who were lured into paying fees for prospective security
work abroad which did not materialize.
40. In other instances, the contracts were signed under fraudulent conditions in order to avoid
domestic jurisdictions, either immediately upon departure or upon arrival in the country of
destination. Once performing security work in Iraq, many Chileans, Fijians, Hondurans and
Peruvians have experienced contractual irregularities and poor working conditions, including
excessive working hours, partial or full non-payment of salaries, ill-treatment and the neglect of
basic needs such as access to medical services.45 In some instances, the insurance policies were
faked or could only be enforced in the United States. There have also been reports of insurance
brokers only paying immediately 30 per cent of the claims, and the rest not until an
administrative tribunal compels them. In other cases where the guards had been injured they
43
This could exclude United States, British and Iraqi employees of PMSCs but not the Chileans,
Colombians, Fijians, Filipinos, Hondurans, Nepali, Peruvians and others.
44
The Working Group has observed similar or related clauses in employment contracts for
Chileans by the company Neskovin, registered in Uruguay and recruiting for the company
Blackwater in the United States of America, and Global Guards, registered in Panama and
recruiting for the company Triple Canopy in the United States. Similar practices have involved
contracts for Peruvians by the company Defion, recruiting for Triple Canopy, and Hondurans
contracted by the company Your Solutions also recruiting for Triple Canopy.
45
Most contractors do not provide health care for their employees, and care is not authorized at
military facilities except when life is at stake. However, some routine health care has been
provided to private contractors. W. Pincus, “Army Examines Possibility of Private Medical
Contractor”, Washington Post, 3 September 2007.
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