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.
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