A/HRC/21/43 United Nations General Assembly Distr.: General 2 July 2012 Original: English Human Rights Council Twenty-first session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Report of 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 Chairperson/Rapporteur: Faiza Patel Summary In the present report, 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 selfdetermination reviews activities undertaken during the reporting period, including its engagement with the intergovernmental working group established by the Human Rights Council at its fifteenth session and its work in relation to the draft Charter of the Oversight Mechanism for the International Code of Conduct for Private Security Service Providers. In addition, the Working Group discusses its project to collect and analyse national legislation on private military and security companies. It presents a sample analysis of three sets of national legislation that represent distinct approaches to the issue. From that analysis, the Working Group begins to identify common elements in national laws and some of the challenges faced in regulating the sector. Lastly, the Working Group makes recommendations for Member States, including encouraging them to continue to develop national legislation on private military and security companies and to participate in the Working Group’s survey of national legislation. As the Working Group has previously noted, national legislation should be complemented by a strong international regulatory framework. The Working Group recommends that Member States consider the possibility of developing a binding international instrument for the regulation of private military and security companies and urges all Member States to participate in the intergovernmental working group established by the Human Rights Council. The Working Group recommends that Member States ensure accountability for human rights violations involving private military and security companies, and provide victims of human rights violations with an effective remedy. GE.12-14912