A/HRC/42/36
security companies, which threatened the peace and security of countries and destabilized
societies.
13.
The representative of Algeria stressed the importance of preventing human rights
and humanitarian law abuses by private military and security companies. Furthermore, the
representative emphasized the need to hold the perpetrators of such abuses accountable
before the law. Algeria believed that victims of such abuses by military and security
companies should have access to an appropriate remedy, notably by receiving adequate
compensation.
14.
The representative of Brazil asserted that private military and security companies did
not operate in a legal vacuum and that the Montreux Document on Pertinent International
Legal Obligations and Good Practices for States related to Operations of Private Military
and Security Companies During Armed Conflict provided a compilation of international
norms relevant to the work of private military and security companies. Brazil recognized,
however, that gaps related to the prevention and accountability for abuses of human rights
and international humanitarian law remained. The representative also noted that a clear
definition of functions that may not be delegated to non-State actors was necessary.
15.
The representative of China highlighted that private military and security companies
should be regulated under international humanitarian law, international human rights law
and the domestic laws of relevant States. It was also underscored that those activities should
be monitored by international mechanisms. The representative also stressed that States
should bear primary responsibility for ensuring that private military and security companies
acted within the law, and also reported on the country’s efforts to improve national
legislation to enhance regulation of domestic security companies.
16.
The representative of Cuba supported the elaboration of a broad, binding and
universal international instrument. In addition, the representative thanked the Working
Group on the use of mercenaries for its work over the last 15 years, especially for
elaborating a draft binding document that would be very useful for the deliberations of the
present intergovernmental working group.
17.
The representative of Ecuador reiterated that it was important that the
intergovernmental working group begin to implement its mandate, building upon the work
of the previous working group, the relevant work of other special procedure mandate
holders, mechanisms and working groups and other related initiatives, with the objective of
establishing a legally binding regulatory framework to ensure effective protection of human
rights, access to justice, and accountability for violations and abuses relating to the
activities of private military and security companies.
18.
The representative of Egypt stressed the need to take into account the differences in
national legislation related to the establishment and organization of private military and
security companies. It was also pointed out that Egypt was one of several countries that
allowed the establishment of private security companies to guard people and private
property. Additionally, the representative underscored that Egypt did not allow the
establishment of private military companies, in accordance with article 200 of the Egyptian
Constitution. The representative also pointed out that not all countries supported ongoing
initiatives related to the private military and security companies such as the Montreux
Document; Egypt was one of those countries.
19.
The representative of the European Union asserted the importance of a predictable
environment in which to operate, in respect of international human rights law and
international humanitarian law. The European Union hoped to continue to work in the
direction of further complementing and strengthening existing initiatives such as the
Montreux Document Forum and the International Code of Conduct for Private Security
Service Providers.
20.
The representative of India was of the view that the Montreux Document and the
International Code of Conduct for Private Security Service Providers were basically soft
law instruments adopted at the international level to regulate the activities of private
military and security companies. Those instruments did not adequately address the
accountability of private military and security companies for human rights violations and
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