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(回答先: 【傭兵】再浮上する傭兵問題と出口戦略（米国は傭兵も撤退させるべし）〜Aprire紙 投稿者 kamenoko 日時 2006 年 5 月 28 日 21:59:53)
アムネスティ・インターナショナルのサイトより
http://www.amnestyusa.org/annualreport/2006/overview.html
Annual Report
Outsourcing Facilitating Human Rights Violations
Overview
As the United States engages in military operations in two countries and conducts the global war on terror, the U.S. government is outsourcing key security and military support functions, particularly in Iraq and Afghanistan, to private companies whose civilian employees carry out the work. The civilians conduct functions ranging from logistical support to providing security for U.S. government personnel and reconstruction projects, training military and security personnel, operating and maintaining weapons systems, and rebuilding schools, hospitals, and other infrastructure. But they also serve in more sensitive roles, such as interrogation and translating during questioning of alleged terrorist suspects.
Murky System for Awarding, Monitoring Contracts
The system for awarding contracts is decentralized and unclear, so it is difficult to get a complete picture of the scope of the outsourcing in human and financial terms. According to the Center for Public Integrity (CPI), whose researchers examined contracts totaling $900 billion in authorized expenditures over the six-year period from FY98 through FY03, only 40 percent of Pentagon contracts were awarded under full and open competition during the period. [For comprehensive research on the topic, please visit www.publicintegrity.org, for reports titled Windfalls of War and Outsourcing the Pentagon.] The U.S. government is also spending significantly on outsourcing, with CPI determining that contracts in Iraq and Afghanistan up to July 2004 totaled more than $48 billion dollars. According to the July 2005 General Accounting Office report, Rebuilding Iraq, "While there is no mechanism in place to track the number of private security providers doing business in Iraq or the number of people working as private security employees, DOD estimates that there are at least 60 private security providers working in Iraq with perhaps as many as 25,000 employees."
Of significant concern is the contracts’ lack of basic, much less adequate, human rights protections or training requirements. According to University of Connecticut School of Law Associate Professor Laura A. Dickinson, of the 60 publicly available Iraq contracts she examined, none contains specific provisions requiring contractors to obey human rights, anticorruption or transparency norms (Yale Journal of International Law, vol. 31, 383). Dickinson further notes that an Army Inspector General’s report on the conditions that led to Abu Ghraib found that 35 percent of CACI International’s Iraqi interrogators did not have formal training in interrogation policies and techniques.
Known Human Rights Violations
Against this backdrop, credible allegations of contractor involvement in serious human rights violations – including participation by contractors in the Abu Ghraib tragedy – have emerged, yet Bush administration officials apparently have made virtually no effort to hold contractors accountable or compensate victims. Even though reporting of crimes is basically voluntary by the companies, serious allegations of human rights violations have surfaced.
Civilians working for private military contractors in Iraq and Afghanistan are alleged to have committed serious incidents of abuse including assault, torture and sexual abuse, some of which occurred at Abu Ghraib prison. While reports of alleged incidents of abuse by civilians have been forwarded to the U.S. Attorney’s Office in Eastern Virginia, there have been no convictions and only one indictment, though at least 20 cases were forwarded by the Department of Defense and the CIA to the Department of Justice since the beginning of the conflict in Afghanistan. In addition, according to press reports, there have been hundreds of incidents of private security contractors firing at Iraqi civilians and even U.S. military personnel.
There have been at least four deaths in custody, two each in Iraq and Afghanistan, involving civilian contractors. The sole civilian indictment involved CIA contractor David Passaro, indicted for assault in the case of Abdul Wali, an Afghan detainee beaten to death in eastern Afghanistan in June 2003.
Incidents of torture involving civilian contractors at Abu Ghraib were documented in the US Army’s Fay and Taguba reports investigating Abu Ghraib. These reports implicated employees of two companies, CACI International (based in Arlington, VA) and Titan Corp (based in San Diego and recently acquired by L3 Communications). Steve Stefanowicz of CACI reportedly directed the use of dogs at Abu Ghraib, ordered that a prisoner not receive his prescription pain killers, made a male prisoner wear women’s underwear, failed to report abuse, and lied to investigators. Daniel Johnson, also employed by CACI, allegedly directed and participated in prisoner abuse and interrogated a prisoner in an “unauthorized stress position,” according to descriptions in the Fay report and alleged in a lawsuit brought by the Center for Constitutional Rights. Johnson is the contractor alleged to have directed military personnel Sgts. Ivan Frederick and Charles Graner to torture a detainee during an interrogation. Three Titan employees were accused of abuses in the Fay and Taguba reports including allegedly raping a male juvenile detainee, making false statements about interrogations and failing to report detainee abuse.
Media reports of misconduct involving private security companies are numerous, particularly reports of indiscriminate shootings at Iraqi civilians and U.S. military personnel. According to a Dec. 4, 2005, Los Angeles Times article, employees of Blackwater, the company that employed the four contractors killed and mutilated by insurgents in Fallujah, allegedly shot at a taxi, killing the passenger and injuring the driver. The employees were found to have not followed proper procedures according to a U.S. official with knowledge of the shooting and were reported to have been later fired by Blackwater. DynCorp personnel were implicated in the shooting of Ali Ismael in Irbil, Iraq. An embassy investigation cleared DynCorp, though witness accounts directly contradict the investigation’s findings. Former employees of Custer Battles accused their counterparts of firing on innocent civilians and crushing a civilian with a truck. Zapata employees allegedly shot indiscriminately at U.S. forces and civilians in efforts to clear roads.
Inadequate Regulation
It is difficult to ascertain the full scope of the human rights abuses committed by contractors, because until the end of 2005, reporting of abuses by contractors was essentially voluntary. Many contracts are awarded through the DoD and other government agencies, including the CIA, USAID, State Department, and the Department of Interior. Of all these agencies, Congress has only required the DoD to develop regulations for contractors. The Department of Defense issued a new rule in October 2005 on the regulation of contractors (DoD Instruction Number 3020.41), which serves as a comprehensive source of DoD policies and procedures on contractor personnel accompanying the U.S. Armed Forces. In addition, the DoD passed a directive (Directive 3115.09) that sets standards for humane treatment of detainees and establishes requirements for reporting violations of the policy. The DoD Instruction tried to clarify the legal status of contractors who accompany the armed forces; mandated a database to track contracts and contracted personnel; and discusses what screening of contractor personnel and training needs to occur before deployment.
Most recently on May 9, 2006, the DoD issued an additional Directive (Directive 2311.01E) which, among other things, requires that international law regulating armed conflict, such as the Geneva Conventions, be observed and enforced by the DoD and DoD contractors. All incidents of breaches of this law by troops and contractors must be reported promptly, investigated thoroughly, and remedied. In addition, contractors must train their employees and subcontractors on the applicable international law.
While the Instruction and Directives may improve conditions and reporting on crimes and violations, there are several serious remaining flaws. For example, contractor personnel are subject to discipline only by the contractor itself, or to criminal prosecution by the DoJ, so military officers have insufficient oversight of contractors. And, there is still a lack of standards, including human rights standards, for awarding the contracts. Furthermore, it is necessary to ensure that these standards are applied retroactively to existing contracts. Perhaps most importantly, these regulations only cover DoD contracts, and not the many contracts held with other government agencies.
There are legal options for prosecuting the contractors. While they are exempt under Iraqi law, due to an agreement put in place by the Coalition Provisional Authority, various U.S. and international laws still could be applied to contractors committing human rights violations. See Provisions Permitting Prosecutions document.
Amnesty International is seeking action by both the government and the companies to rectify this problem.
Contracting Firms’ Responsibility
AIUSA’s Business and Human Rights Program on April 27 sent letters to 14 companies engaged in military contracting, inquiring about the scope of their outsourcing contracts, the services they were contracted to perform, dollar value and duration of the contracts, and whether human rights standards are included in the terms of the contracts. AIUSA requested info on the processes and policies companies have in place to ensure that employees never commit human rights abuses and enforcement mechanisms of those policies, as well as systems to screen potential employees and whether human rights training is provided.
AIUSA urged the companies to do the following:
• Develop and implement a comprehensive human rights policy, which would include an explicit commitment to support and uphold the principles and values contained in the Universal Declaration of Human Rights.
• Publicly disclose this human rights policy and periodically issue public reports on its implementation.
• Incorporate a policy on human rights into all hiring procedures, contracts and training.
• Make public the results of any investigation the company might have made into alleged human rights abuses by employees, and the terms of service contracts with the U.S. government and military with respect to human rights.
United States Government’s Responsibility
AIUSA makes the following recommendations:
• The U.S. government should promptly investigate all allegations of human rights violations committed by employees or contractors of private military firms. Where clear evidence of human rights violations exists, perpetrators should be immediately prosecuted. Specifically, the U.S. Department of Justice should act immediately to finalize investigations and where warranted initiate prosecution of the 17 pending cases of detainee abuse involving employees or contractors of private military firms.
• All applicable agencies of the U.S. government should report to the U.S. Congress annually on the incidents of all employees or contractors of private military firms involved in the use of force against civilians and detainees internationally as well as information on the status of investigations into those incidents.
• The U.S. government should require all employees or contractors of private military firms and employees or contractors of these firms’ subcontractors fulfilling a U.S. government contract to have been effectively screened. This screening must include reviewing the criminal and job history for any prospective employee or contractor.
• The U.S. government must ensure that all employees or contractors of private military firms and employees or contractors of these firms’ subcontractors fulfilling a U.S. government contract have received training in human rights and humanitarian law. This training shall include both classroom and operational training exercises that emphasizes international human rights and humanitarian law protections.
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