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51. The Working Group wishes to submit the following recommendations:
(a) Accession of Fiji to the 1989 International Convention against the Recruitment, Use, Financing and Training of Mercenaries;
(b) Development of national legislation to address mercenaries, mercenary-related activities and the activities of private companies offering military assistance, consultancy and security services on the international market. This can take place through the introduction of such elements into the Penal Code and/or Employment Act, or through the elaboration of a separate comprehensive law;
(c) Establishment of a system for regulating, licensing, controlling and monitoring the activities of private security companies in order to provide effective oversight, whereby the authorities would maintain transparent registers of private security companies on all matters such as ownership, statutes, purposes and functions as well as a system of regular inspections to ensure accountability;
(d) Certification of the services provided by private security companies and of their personnel training; and oversight by the Ministry of Security of entrance tests and recruit training and preparation in accordance with approved standards. Personnel training should cover United Nations rules on the use of firearms and on the protection of human rights, such as the Code of Conduct for Law Enforcement Officials and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials;
(e) Status checks on private security company directors, shareholders and executives, as well as all personnel, to ensure that they have not previously been implicated in human rights violations and that there are no conflicts of interest between posts held by members or former members of the military or police and their involvement in private security companies;
(f) Establishment of a “Commissioner for Private Military and Security Companies”, who could be a part, institutionally speaking, of the Ministry of Public Security, with a mandate to register and monitor private military and security companies operating in Fiji and receive complaints. The Working Group suggests that such a mechanism could undertake joint inspections with the Ministry of Labour, with a mandate to make announced and unannounced visits in this oversight role;
(g) Adoption of measures to address issues of reintegration and post-traumatic stress disorder in individuals returning from security work abroad through the establishment of a comprehensive system of debriefing and professional counselling;
(h) Adoption of measures by the competent authorities allowing them to act with speed and vigour on complaints submitted by individuals who have returned from Iraq, and to consider the complicity and responsibility of private security companies and individuals involved;
I) Accession to the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, as these instruments would also strengthen the protection of Fijians contracted for security work abroad.
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[1] For the purposes of the present report and while recognizing the definitional challenges, the Working Group refers to private military and security companies as including private companies which perform all types of security assistance, training, provision and consulting services, including unarmed logistical support, armed security guards, and those involved in defensive or offensive military and/or security-type activities, particularly in armed conflict areas.
[2] The Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination was established by the Commission on Human Rights in paragraph 11 of resolution 2005/2. The Working Group is composed of five independent experts serving in their personal capacities and headed by its Chairperson-Rapporteur, Mr. José Luis Gómez del Prado (Spain). The other Working Group experts are Ms. Najat al-Hajjaji (Libyan Arab Jamahiriya), Ms. Amada Benavides de Pérez (Colombia), Mr. Alexander Nikitin (Russian Federation) and Ms. Shaista Shameem (Fiji). As agreed by Working Group members, Ms. Shameem was not part of the delegation visiting Fiji, although she was consulted and interviewed by the delegation during its visit in her capacity as Director of the Fiji Human Rights Commission.
[3] See A/61/341, paragraphs 65-76. Working Group annual reports to the General Assembly and Human Rights Council are also accessible at http://www.ohchr.org/english/issues/mercenaries/
index.htm.
[4] See http://www.un.org/news/dh/pdf/english/2006/06122006.pdf.
[5] See http://www.un.org/apps/news/story.asp?NewsID=21164.
[6] The Permanent Secretary of the Ministry of Labour informed the Working Group of a submission from the Ministry to the former Cabinet in 2004 concerning accession to the 1989 Convention that did not make it past the subcommittee level.
[7] Fiji Constitution (1997), chap. 2, sect. 6.
[8] See http://www.ccf.org.fj/artman/publish/printer_108.shtml.
[9] See clause 2.6.4.l (i), which covers “regulation enlisting … for foreign contracts”. Clause 24 (t) concerns private employment. The Ministry of Labour also noted its cooperation with ILO and the commitment to review the Bill and incorporate some 22 ILO Conventions ratified, including the eight core Conventions.
[10] It also noted that on 1 April 2007, at the 116th Assembly of the Inter-Parliamentary Union (IPU), held in Bali, Indonesia from 29 April to 4 May, the IPU Governing Council decided to suspend the membership of the Parliament of Fiji. See www.ipu.org/press-e/bali5.htm.
[11] Fiji Times (2005b). “Worker exodus a drain on Fiji manpower”, 19 January 2005.
[12] Fiji Government (2005b). “Kuwait and Iraq workers are insured - Zinck”, Press Release, 19 April 2005.
[13] Nic Maclellan, “From Fiji to Fallujah: The war in Iraq and the privatisation of Pacific security”, Pacific Journalism Review, vol. 12, No. 2, September 2006, as taken up in News Briefs, Fiji Government Online.
[14] BBC reports that the United Kingdom employs approximately 2,000 Fijians in their regular armed forces, based on an earlier version of the article by Nic Maclellan, “From Fiji to Fallujah: The war in Iraq and the privatisation of Pacific security”, http://nautilus.rmit.edu.au/
forum‑reports/0611a-maclellan.html; and “Fijians take on dangerous Iraq roles”,
BBC News, 15 March 2007.
[15] See the article mentioned in note 13 above, which provided the basis for a press release entitled “Death of two Fiji soldiers in Iraq”, released on 3 May 2004 by Reverend Akuila Yabaki, director of the Citizen’s Constitutional Forum (CCF).
[16] See note 13.
[17] Homeland Security is an agency for Armor Group, which runs offices in Mosul, Baghdad, and Basra “Fijian Deaths in Iraq Revive Mercenaries’ Issue”, InterPress Services News, Sydney, 12 June 2006.
[18] Frank Gaglioti, “Fiji’s economic conscripts: Tragic victims of the war in Iraq”, 23 June 2006, http://www.wsws.org/articles/2006/jun2006/fiji-j23.shtml.
[19] For a graphic diagram illustrating the incidents, and differing accounts of those involved, see Dita Smith and Todd Lindeman, The Washington Post, 15 April 2007.
[20] “Hired guns are wild cards in Iraq”, Fiji Daily Post, 19 April 2007; “Former Fiji Soldier Exposes Inhumane Acts by Former US Soldiers”, Fijivillage.com, 17 April 2007.
[21] Publicly available and unverified information accessed at www.iraqcasualties.org and Nic Maclellan, “From Fiji to Fallujah: The war in Iraq and the privatisation of Pacific security”, Pacific Journalism Review, vol. 12, No. 2, September 2006.
[22] “Fijians take on dangerous Iraq roles”, BBC News, 15 March 2007.
[23] See UNAIDS Country Situation Analysis - Fiji, http://www.unaids.org/en/Regions_Countries/
Countries/fiji.asp.
[24] “At least 30 rebels being trained by Fijians in PNG’s Bougainville”, Radio New Zealand International, 17 January 2006.
[25] “Former Fiji soldiers face trial”, FijiLive, 14 March 2007; and “Musingku wants safety for four”, Fiji Times, 28 March 2007; and “Former Fiji soldiers in Bougainville to go to trial next week”, Radio New Zealand International, 13 March 2007.
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