A/HRC/7/7
page 26
− Recommends that, in order to ensure that the military assistance, consultancy and
security services offered by private companies at the international level neither
impede the enjoyment of nor violate human rights, Governments of States from
which these private companies export such services should adopt legislation and
set up regulatory mechanisms to control and monitor their activities, including a
system of registering and licensing which would authorize these companies to
operate and allow them to be sanctioned when the norms are not respected;
− Recommends that States outsourcing activities relating to military assistance,
consultancy and security services to private military and security companies
should demand the authorization of States from which former military
personnel and policemen are recruited by such companies to work in armed
conflict or post-conflict situations before the recruitment takes place;
− Urges Governments of States from which private military and security companies
export military assistance, consultancy and security services to avoid granting
immunity to these companies and their personnel;
− Encourages Governments which import the military assistance, consultancy and
security services provided by private companies to establish regulatory
mechanisms for the registering and licensing of these companies in order to ensure
that imported services provided by these private companies neither impede the
enjoyment of human rights nor violate human rights in the recipient country;
− Encourages Governments, when establishing such regulatory systems of
registration and licensing of PMSCs and individuals working for them, to include
defining minimum requirements for obligatory transparency and accountability of
firms, background screening and vetting of PMSC personnel, ensure adequate
training of PMSC personnel on international human rights and international
humanitarian law, as well as rules of engagement consistent with applicable law
and international standards, and to establish effective complaint and monitoring
systems including parliamentary oversight. Such regulatory systems should
include thresholds of permissible activities, and States should impose a specific ban
on PMSCs intervening in internal or international armed conflicts or actions
aimed at destabilizing constitutional regimes;
− Encourages States from which former military personnel and ex-policemen are
being recruited by private security companies to be deployed to low-intensity zones
of armed conflict or post-conflict situations to take the necessary measures to avoid
such mercenary recruitment and to issue public statements and apply policies
aimed at discouraging such practices;
− Recommends that United Nations departments, offices, organizations,
programmes and funds establish an effective selection and vetting system and
guidelines containing relevant criteria aimed at regulating and monitoring the
activities of private security/military companies working under their respective
authorities. They should also ensure that the guidelines comply with human rights
standards and international humanitarian law;
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