A/HRC/7/7
page 4
I. INTRODUCTION
1.
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 in 2005,
pursuant to resolution 2005/2 of the Commission on Human Rights and assumed by the
Human Rights Council, which replaced the previous mandate of the Special Rapporteur
established in 1987.
2.
In 2007, the Working Group was composed of the following experts: Ms. Najat Al-Hajjaji
(Libyan Arab Jamahiriya), Ms. Amada Benavides de Pérez (Colombia), Mr. José Luis Gómez
del Prado (Spain), Mr. Alexander Nikitin (Russian Federation) and Ms. Shaista Shameem (Fiji).
Mr. José Luis Gómez del Prado was elected Chairperson-Rapporteur in February 2007, a
position that rotates on an annual basis.
3.
For the purpose of this report, and while recognizing the definitional challenges, the
Working Group refers to private military and private security companies (PMSCs) as including
private companies which perform all types of security assistance, training, provision and
consulting services, i.e. ranging from unarmed logistical support, armed security guards, and
those involved in defensive or offensive military and/or security-related activities, particularly in
armed conflict areas and/or post-conflict situations.
II. ACTIVITIES OF THE WORKING GROUP
A. Second session of the Working Group
4.
The Working Group on the use of mercenaries held its second session at the
United Nations Office at Geneva from 19 to 23 February 2007. It elected Mr. José Luis Gomez
del Prado as its Chairperson-Rapporteur for the coming year. During the session, the Working
Group held consultations with Member States, United Nations agencies and organs, including
different divisions and branches of the Office of the United Nations High Commissioner for
Human Rights (OHCHR), the International Labour Organization (ILO), the International
Committee of the Red Cross (ICRC), regional and other intergovernmental organizations,
non-governmental organizations (NGOs), and an association of PMSCs.
5.
A representative of ICRC continued dialogue with the Working Group on approaches of
international humanitarian law, including the definition of mercenaries and the responsibilities of
States with respect to PMSCs and their employees. The ICRC representative noted that few
PMSC employees are regular combatants and members of armed forces, and they are thus
civilians and lose protection under international humanitarian law when taking direct part in
hostilities.
6.
A consultation was held with ILO, and its representative informed the Working Group of
relevant ILO legal instruments and mechanisms which could be useful to consider when
identifying principles relating to PMSCs, including ILO Convention No. 181 on Private
Employment Agencies and its accompanying recommendation No. 188.
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