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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