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Human Rights Council
Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
Chair-Rapporteur: José Luis Gómez del Prado
Summary
In the last decade, Iraq has been a major theatre of operations for private military and security companies. A series of high-profile incidents involving such companies, such as the Nissour Square shooting in 2007, have focused attention on the negative impact of their activities on Iraqis’ human rights. Such incidents, as well as abuses reported in other parts of the world, have prompted efforts to ensure that security companies and their personnel are held responsible for violations of human rights.
During its visit to Iraq, the Working Group learned that the number of incidents involving private military and security companies had decreased in recent years. This could be attributed to several factors: the decrease in their military-related activities in Iraq; stricter regulation by the Iraqi authorities; and efforts by the United States of America to tighten oversight of its private security contractors operating in Iraq. The Working Group commends the efforts of the Iraqi and United States authorities in this regard.
Despite this decrease in incidents, Iraq continues to grapple with the grant of legal immunity extended to private security contractors under Order 17 issued by the Coalition Provisional Authority (CPA). This immunity prevented prosecutions in Iraqi courts. Nor have prosecutions in the home countries of such companies been successful. Four years after Nissour Square, the case against the alleged perpetrators is still pending in United States courts. Other alleged perpetrators have not even been brought to court so far. The Working Group is deeply concerned about the lack of accountability for violations committed between 2003 and 2009 and recalls that the victims of such violations and their families are still waiting for justice.
In a welcome development, the 2009 Status of Forces Agreement (SOFA) between Iraq and the United States contains a provision removing the immunity of some private foreign security contractors in Iraq. It is not clear, however, whether this removal of immunity covers all contractors employed by the Government of the United States and whether it is fully applied in Iraqi courts. The Working Group recommends that this legal situation be clarified as a matter of priority.
CPA memorandum 17 deals with the licensing system for private military and security companies (PMSCs) operating in Iraq. Despite the fact that the CPA was dissolved several years ago, this memorandum remains the basis for the Iraqi Government’s regulation of private military and security companies. In the view of the Working Group, this is not a firm basis for regulation. Iraq has developed legislation regulating security companies, which has been under consideration since 2008. The Working Group urges the Government of Iraq to take the necessary steps to ensure that legislation on PMSCs is adopted as a matter of priority.
The Working Group reiterates that providing security to its people is a fundamental responsibility of the State. Outsourcing security creates risks for human rights and the Government of Iraq must remain vigilant and devote the necessary resources to ensure that PMSCs – whether international or Iraqi – are stringently regulated and that they respect the human rights of the Iraqi people.
