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
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