A/HRC/7/7
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perspective of the current practices of private military and security companies recruiting
personnel to be deployed in armed conflict and to review steps taken by States to regulate and
monitor the activities of PMSCs. It will also attempt to develop regulatory options and best
practices aimed at ensuring that PMSC activities are in conformity with international human
rights standards.
55. This informative consultation will be used as a first step in view of the proposal
recommended by the Working Group to convene a high-level round table to discuss the
fundamental role of the State as holder of the monopoly of the use of force. The Working Group
intends, if the necessary resources are available, to conduct two additional governmental
consultations during 2008 and two more in 2009, similar to the one to be held for the
Latin American and Caribbean Region in Panama, in order to present to the high-level
round table of States, to be convened under the auspices of the United Nations, a global
perception of the emerging issues, manifestations and trends regarding mercenary-related
activities and their impact on human rights which will contain the regional views of the States of
the five regions.
VI. CONCLUSIONS AND RECOMMENDATIONS
56. In the course of 2006 and 2007, the Working Group has monitored the activities of
private companies offering military assistance, consultancy and security services at the
international level. It has conducted field missions to Chile, Ecuador, Fiji, Honduras and
Peru which have permitted it to identify how PMSCs recruit, train, use or finance
former military personnel and ex-policemen to operate in armed conflict or highly
dangerous post-conflict situations. It has also studied emerging issues, manifestations and
trends regarding mercenaries or mercenary-related activities and their impact on human
rights. On the basis of this information, it is of the opinion that many of such
manifestations are new modalities of mercenary-related activities.
57. The proliferation of PMSCs in the world is a direct consequence of the outsourcing
and privatization by member States of many military and security functions. A large
number of these companies are the supply side for contracts granted by the Department of
Defense or the State Department of the United States of America in connection with
low-intensity armed conflicts or post-conflict situations such as in Afghanistan, Colombia
and Iraq. To implement their contracts and at the same time make the most lucrative
profits, some of these transnational companies, through subsidiaries or hiring companies,
create, stimulate and fuel the demand in developing countries. Former military personnel
and ex-policemen are recruited as “security guards”, but once in low-intensity armed
conflicts or post-conflict situations, they become in fact private soldiers militarily armed.
Provisions in national legislations granting immunity to PMSC personnel can easily
become de facto impunity, with these private soldiers being only accountable to the
company employing them. Some Governments appear to consider these individuals as
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