A/HRC/42/42
often poorly equipped to deal with the complexities of serious human rights abuses, such as
the protection of victims from reprisals from alleged perpetrators and providing other forms
of support to engage meaningfully with the process, especially for victims that have not been
appropriately informed about their rights. In some cases, when victims have engaged with
the company’s grievance mechanism, they have been asked to sign a legal waiver that denies
them the right to seek judicial remedy or that restricts their access to justice. They also fail to
meet international standards of independence of investigations, when the latter are conducted
by company employees. These mechanisms therefore also fail to provide justice and remedies
to victims of serious human rights abuses.
VII. Conclusions and recommendations
63.
Private military and security companies are among a number of actors providing
security services to extractive companies, amid generally complex and opaque security
arrangements within the industry. In this context, they have been known to directly
commit human rights abuses, as well as to facilitate abuses and violations committed by
others, working under contract from extractive companies, and sometimes alongside
State security forces. The Working Group is concerned over the lack of transparency
with regard to the actors engaged in securing extractive operations and their respective
roles, responsibilities and chains of command. The ambiguity surrounding the
provision of security services in the extractive industry reinforces the lack of
accountability and the unchecked power experienced by victims of human rights abuses
and violations with respect to extractive corporations and their affiliates, including
private military and security companies. In the view of the Working Group, there is a
vital need to define the role of each security actor, and to introduce greater
transparency and access to information, coupled with stronger monitoring and
oversight of private military and security companies and other actors providing
security services to the extractive industry in order to effectively prevent, address and
remedy any abuses committed by private military and security companies in the service
of extractive companies.
64.
Although initiatives have already been taken to raise standards and respect for
human rights, they are non-binding and have made only limited progress with regard
to those affected by extractive operations. First and foremost, it is incumbent upon
States to fulfil their international human rights obligations by making prompt efforts
to address human rights concerns arising from the relationship between the extractive
industry and private security. Secondly, as an industry that wields significant economic
power and represents a major client base for private military and security companies,
the extractive sector has the potential to leverage its influence by insisting that private
military and security companies deliver services respectful of human rights of all
stakeholders affected by extractive operations, and not commit human rights abuses or
facilitate human rights abuses and violations by others. Lastly, private military and
security companies should adopt policies and measures to avoid operating in
environments with human rights risks and to redress human rights abuses should they
be committed. In the light of the conclusions, the Working Group makes the
recommendations below.
A.
States
65.
States should strengthen their regulation and oversight of private military and
security companies with a view to improving human rights protections and taking into
consideration the multiple sectors in which such companies operate, including the
extractive industry. This should include strict processes of licensing and vetting, and
provisions on mutual legal assistance.
66.
In this regard, States should support international legally binding instruments
on transnational corporations and other business enterprises and on the activities of
private military and security companies, respectively. States should also enact other
relevant legislative reform, notably on mandatory human rights due diligence and
corporate liability.
17
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