A/HRC/22/41 Enterprises, which resembled a mediation process, which is not appropriate for cases involving gross human rights violations. She further noted that it is inappropriate to expect victims of gross violations to pursue grievance procedures established by companies alleged to have committed such violations. According to Ms Feeney, an independent body attached to the oversight mechanism of the International Code of Conduct would have an added value for victims. However, the most appropriate grievance mechanism to address serious human rights violations would be an international body composed of independent experts. 59. She also noted that victims who sought to find redress in civil judicial proceedings were often at a serious disadvantage as compared to the corporate respondents, because procedures were often lengthy and expensive. She referred to the fluid and ad hoc nature of the PMSC industry and noted that the International Code of Conduct only addressed the most structured and visible segments of the industry. In the same vein, another speaker underscored the importance of regulation paying close attention to sub-contractors and subsidiaries used by established PMSCs. 60. In the subsequent discussion, non-governmental delegations highlighted various obstacles that victims currently faced when trying to obtain redress, in particular a lack of political commitment on the part of States to prioritize accountability, high costs of litigation, long duration of trials and other procedural obstacles. One delegation noted that the laws of many States do not allow for corporate entities to be held criminally liable. IV. Views of member States and other stakeholders 61. The European Union noted that considerable progress had been made since the adoption of Council resolution 15/26. While the discussions had not been conclusive, there was an increased understanding of the complexities of the discussions related to the regulation, monitoring and oversight of activities of PMSCs. The European Union proposed to structure further discussions in a constructive and focused manner, as many aspects call for further analysis. The delegation noted that future discussions may benefit from a closer association of other relevant forums in this context, such as the International Maritime Organisation, which is engaged in drafting guidance for maritime PMSCs. Other forums, such as the Sixth Committee (Legal) of the General Assembly or the International Law Commission might be more suitable to deal with certain PMSC-related aspects. At the same time, it was pertinent for the Human Rights Council to stay engaged on the human rights aspects of the issue. In this regard, the European Union attaches importance to an inclusive process, where the organisation of meetings continues to follow a multi-stakeholder approach. The European Union also proposed that consideration be given to a report by OHCHR, which could look into the human rights issues raised during the meeting and provide an objective, evidence-based analysis with respect to human rights challenges. The European Union supported further discussion in the framework of the Working Group provided that the mandate remained focused on human rights issues. 62. South Africa noted that the expert presentations and subsequent discussions had demonstrated the complexity of the issues and that the inter-governmental working group had only scratched the surface of the issues at hand. Initiatives such as the Montreux Document and the International Code of Conduct were welcome steps. However, their existence did not preclude the possibility of a legally binding international instrument, which would provide victims with a mechanism for redress. National mechanisms by themselves were not sufficient, owing to gaps and challenges with regard to issues such as extraterritorial jurisdiction, the need for a comprehensive vetting of contractors and staff, and the need for responsible contracting in conflict areas. South Africa proposed to distinguish between private military companies and private security companies. 14

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