A/HRC/4/42
page 21
States to hold a round table, under the auspices of the United Nations, on the paradigm shift
associated with the subject of mercenarism in the globalized market for arms and military and
security personnel as evidenced in the situations of violent conflicts (see A/60/263,
paras. 45-55).
IV. NATIONAL, REGIONAL AND INTERNATIONAL LEGISLATION
AND STATUS OF THE CONVENTION
63.
The International Convention against the Recruitment, Use, Financing and Training of
Mercenaries, which the General Assembly adopted by resolution 44/34 of 4 December 1989,
entered into force on 20 October 2001 when the twenty-second instrument of ratification or
accession was deposited with the Secretary-General of the United Nations. The Republic of
Moldova deposited its instrument of accession on 28 February 2006. There are now the
following 28 States parties to the Convention: Azerbaijan, Barbados, Belarus, Belgium,
Cameroon, Costa Rica, Croatia, Cyprus, Georgia, Guinea, Italy, Liberia, the Libyan Arab
Jamahiriya, Maldives, Mali, Mauritania, Moldova, New Zealand, Qatar, Saudi Arabia,
Senegal, Seychelles, Suriname, Togo, Turkmenistan, Ukraine, Uruguay and Uzbekistan.
64.
By means of its questionnaire, country visits and public records, the Working Group
noted the indication of forthcoming treaty action from the following States: Bangladesh,
Ecuador, Ghana, Honduras, Lebanon, Madagascar, Mauritius, Morocco, Peru and Venezuela
(Bolivarian Republic of) to accede to the International Convention. The Working Group
reiterates its availability to advise on and support these processes.
65.
The Working Group also noted recent developments at the national, regional and
international levels, including the adoption of a Model Law “On counteracting mercenarism” of
the Commonwealth of Independent States Inter-Parliamentary Assembly, and emerging
legislation in South Africa. The Working Group also welcomes an initiative promoted by the
Government of Switzerland and the International Committee of the Red Cross (ICRC) aimed at
establishing a juridical framework and at promoting an intergovernmental dialogue on the status
and regulation needed concerning private military and private security companies.
V. FUTURE ACTIVITIES
A. Regional round tables
66.
Following the thematic discussion above about the State holding the monopoly of the use
of force, the Working Group questions whether current trends regarding the privatization of
security are being supported by Member States. To stimulate debate, highlight the issues and
consequences of the current course, and seek agreement on this critical issue, the Working Group
suggests the holding of a global round table, under the auspices of the United Nations. This
process would contribute towards understanding the responsibilities of different actors in the
current context, including the regulation of PMSCs, and the respective obligations of various
actors for the protection and promotion of human rights.
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