D. PMSCs and protection of oil companies

42. The Ecuadorian Constitution (art. 184) lays down that the Armed Forces have as their fundamental mission the preservation of national sovereignty, the defence of the integrity and independence of the State and the safeguarding of its legal system. The Working Group reiterates the constitutional provision in Ecuador that the National Army protects all individuals in the Republic without distinction. The Army of a State should not operate as a PMSC, offering security services for those who can pay for it, as this contravenes constitutional provisions and violates the principle of equal enjoyment of rights and security under related international human rights law.

43. The Working Group recognizes the position of the Ministry of Defence and Ministry of the Interior that petroleum facilities and their infrastructure are strategic installations which may require special protection for reasons of national security. In meeting with the Ministry of Foreign Affairs, the Working Group notes their assertion that oil companies may outsource security in order to provide additional protection to facilities and to prevent attacks. However, the Working Group is concerned by information received from NGOs and media that it is the Ecuadorian Army itself, contracted by the petroleum companies, which provide protection of wells, pipelines and other facilities owned by oil companies. The Working Group considers this contracting of the Ecuadorian Army to resemble that of engaging a private security company.

44. The Working Group was informed by NGOs of several such agreements signed in 2000 between the Ecuadorian Army and oil companies. On 1 April 2000, the Ministry of Defence and the Oil Western Exploration and Production Company in the Amazon region were reported to have signed an “Agreement of Cooperation on Military Security”.[26] On 30 July 2001 the former Minister for Defence signed a “Framework Agreement” valid for five years with 16 oil companies. In this agreement the Ecuadorian Army committed to guarantee the security of the oil facilities, as well as the people that work with them “through patrolling, terrestrial and fluvial journeys in the jurisdiction of the IV Division and in that of the Force of Task II, to carry out intelligence work and counter-intelligence, to make a control of weapons and explosive and of undocumented people in its jurisdiction, and to establish a net of communications”.[27] The Working Group was informed by NGOs that on 26 March 2004, the Texas Petroleum Company and the Fourth Division of the Ejército Amazonas signed a similar agreement.

45. However, the Working Group notes that on 8 December 2005, the Minister for Defence, Oswaldo Jarrín, reported that the so-called “Convenios Marco” carried out between the Ministry of Defence and the oil companies to provide them security would be suspended. “The State has decided to grant to the Ministry of Energy the control of the tasks of protection of the FFAA and to guarantee transparency”, Mr. Jarrín noted to the national press.[28] Nevertheless, the Working Group received information from NGOs which reflect the note from one commentator that “the security of the oil sector remains in the hands of the military. The agreements also include the rent of ships of the aviation of the Army for the transport of materials of the transnational companies”.[29]

46. Furthermore, the Working Group is concerned by information received from academics, and representatives of indigenous communities, that the actions taken by indigenous peoples to claim their rights, including the right to land and the right to a clean environment, have been considered as acts of sabotage by elements of the army which are providing security services for oil facilities. In raising these concerns with the Government, the Working Group notes the position of the Ministry of Foreign Affairs that illegal acts of persons should be considered as sabotage, regardless of which community to which they belong. The Working Group was informed by the Ministry of Foreign Affairs about the implementation of precautionary measures adopted by the Inter-American human rights system to protect the rights of various indigenous communities, including the Sarayaku.[30] The Attorney-General informed the Working Group of precautionary measures pursued, including withdrawal of explosive materials in regions of oil extraction.

Date: 2015-12-24; view: 673