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V. RECOMMENDATIONS

75. The Working Group wishes to make the following recommendations:

(a) The Office of the Ombudsman and sectors of civil society working to protect human rights should be involved in the drafting of the bill to bring Peru’s legislation into line with international law, so as to ensure the broadest possible legal interpretation covering not only the offence of acting as a mercenary but also new forms of mercenarism;

(b) The Congressional Defence Commission’s bill prohibiting the hiring of Peruvians to provide security services in armed conflict zones should be adopted;

(c) The authorities should maintain transparent registers of private security companies covering all matters relating to ownership, statutes, purposes and functions, as well as a system of regular inspections. Legislative and regulatory measures should be adopted to prevent any conflicts of interest when serving State officials act as owners or managers of such companies. Inquiries should be made to ascertain whether there are any conflicts of interest between the posts held by those members or former members of the military or police who are involved in private security companies. An authority should be set up over the Ministry of the Interior, either a parliamentary committee or a commissioner, with the power to monitor the activities of private security companies and to receive complaints;

(d) The competent authorities, in particular the Attorney-General’s Office, should investigate all unresolved cases, especially the deaths of Peruvian nationals in the course of their activities in Afghanistan and Iraq;

(e) Urgent measures should be taken to protect the rights of Peruvians still employed in Iraq and Afghanistan;

(f) Further judicial measures should be taken as appropriate to conclude the investigations into those responsible for acts of intimidation and espionage against community environmental defence leaders in Cajamarca, in violation of their rights to personal liberty, privacy and life, and those responsible for the murders of community leaders;

(g) The necessary judicial action should be taken to determine whether C & G Investigaciones SRL, Forza or the Yanacocha mining company are individually or jointly responsible for illegal acts;

(h) It should be established whether members of the national security services, private security companies or mining companies operating in Peru have been involved in acts of intimidation;

(i) The life and physical safety of members of GRUFIDES, and in particular of its director and Fr. Marco Arana, should be guaranteed in accordance with the decision of the Inter-American Commission of Human Rights;