A/HRC/7/7
page 25
neither civilians nor combatants, though heavily armed; these individuals are the new
modalities of mercenarism. They might also be easily associated with the unclear concept of
“irregular combatants”. They often encounter contractual irregularities, poor working
conditions, failures in obtaining basic needs and problems to obtain financial compensation
for injuries received.81
58. The Working Group is concerned at the low state of ratifications and accessions of
the International Convention (30 States parties), a major tool available at the international
level which promotes the control of States in the outsourcing of functions regarding the use
of force.
59. The Working Group is also concerned at the lack of regulations at the regional and
national levels regarding private military and security companies which often operate
without effective oversight and accountability. Weak or insufficient domestic legislation,
regulation and control of PMSCs encourage these transnational companies to seek to
recruit former military personnel and ex-policemen from other countries as “security
guards” in low-intensity armed conflicts. Because of the difficulty of war-torn States to
regulate and control PMSCs, a significant part of the responsibility falls on States from
where these transnational companies export military and security services to regulate and
control these companies. The Working Group is also concerned that in spite of drawing the
attention of the Governments, including in some of the countries in which it has conducted
field missions, the recruiting of former militaries and ex-policemen by PMSCs for
employment as “security guards” in zones of armed conflict such as Iraq seems to continue.
60.
To this end, the Working Group makes the following recommendations:
− Calls upon all States that have not yet done so to consider taking necessary action
to accede to or ratify the International Convention against the Recruitment, Use,
Financing and Training of Mercenaries and incorporate relevant legal norms into
their national legislation. Within this context, the Working Group considers that a
model law could be elaborated with a view to facilitating accession of those States
which wish to become party to the Convention, by indicating steps to be taken in
order to adapt international norms into domestic legislation;
− Recommends regional and other intergovernmental organizations, in particular
the European Union and the Organization of American States, to elaborate a
common system to regulate private military and security companies exporting
their services abroad;
− Encourages States to incorporate relevant international legislation on these issues,
as well as relevant regional legislation where such regional frameworks exist
(e.g. African Union, Economic Community of West African States, Commonwealth
of Independent States), into national law;
81
A/HRC/4/42, paras. 49-50 and A/HRC/4/42/Add.1, para. 19.
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