A/HRC/22/41
V.
Concluding remarks
75.
In his concluding remarks, the Chairperson-Rapporteur noted that the issues
addressed during the course of the two sessions of the intergovernmental working
group were difficult and complex. He noted that in spite of these complexities, the
discussions have made clear that there is agreement on the common goal of protecting
human rights in the context of PMSC activities, and ensuring accountability for
abuses where these do occur. He recalled the mandate of the working group as
reflected in Council resolution 15/26 and noted, however, that much of the work in
regard to the issues addressed in the mandate still needed to be done. He reviewed the
issues which had been addressed in by the working group in the course of its
discussions and noted that consideration of these issues had benefited greatly, and
should continue to be informed by, the input of experts. The Chair noted the
important progress achieved during the second session and expressed his gratitude to
delegations for their open and cooperative engagement. He highlighted the high
degree of commitment demonstrated by all participants and noted that this had shown
that, through joint efforts, participants had mobilized the political will necessary to
collectively move towards the consensus position, as reflected in the conclusions and
recommendations. The Chairperson-Rapporteur noted the importance of continuing
to build confidence and to work together in a constructive and positive manner in
order to achieve common objectives.
VI.
Conclusions and recommendations
76.
The intergovernmental working group noted the positive discussions which
took place on the basis of an agreed work plan. It identified existing gaps and/or areas
of concern in relation to the promotion and protection of human rights regarding the
activities of the PMSC industry, which led to a consensus that there is a need for
further discussion in the open-ended intergovernmental working group. It also
identified a range of existing and potential options for addressing these areas of
concern at the domestic and international levels.
77.
In view of the initial constructive and substantive discussions held during the first
two sessions of the open-ended inter-governmental working group, and in light of the
complexities of the issues, it recommends to the Human Rights Council the following:
(a)
Continuation of the substantive discussions in the intergovernmental
working group with the participation of experts and all relevant stakeholders for a
further two year period;
(b)
Consideration of the human rights aspects of, inter alia, the following:
(i)
Accountability and the provision of appropriate remedies for the
victims;
(ii)
To distinguish between the activities of private security companies
and private military companies, as well as other possible activities relevant
to this issue;
(iii) Review of all measures, including existing National legislation for
registering, licensing and contracting PMSCs.
(c)
Consideration of the possibility of an international regulatory
framework, including the option of elaborating a legally binding instrument on the
regulation, monitoring and oversight of the activities of PMSCs, as well as other
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