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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