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71. Lessons can be learned from some best practices in the field, such as export control, arms
licensing, arms control verification mechanisms and the experience of the United Nations
Register on Conventional Arms. These should be taken into consideration while elaborating
regulations for the export of military and security services.
72. The Working Group believes that the International Convention against the Recruitment,
Use, Financing and Training of Mercenaries remains an important international legal instrument
for the prevention of the use of mercenaries as a means of violating human rights and the rights
of peoples to self-determination. The Working Group strongly recommends to those countries
that have signed but not yet ratified the Convention to do so as soon as possible, and to those
countries which are not yet party to the Convention to consider acceding to it.
73. One of the main conclusions of the Working Group is that the activities of private military
and security companies cannot be regulated only on the basis of the International Convention
against the Recruitment, Use, Financing and Training of Mercenaries, even after any potential
amendment. Rather, a new international legal instrument in the format of a new convention on
private military and security companies should be elaborated and adopted by the United Nations.
74. Such a convention is potentially to be supplemented by another legal instrument, a model
law on regulating private military and security companies, which will assist Governments in the
elaboration and adoption of legislation on the national regulation of such companies.
IV. RECOMMENDATIONS
75. The Working Group recommends that Governments consider the creation of a
separate national register for military and security companies with comprehensive
information on each company, and preferably the prohibition, by national regulation, of
the registration of companies operating in the field of military and security services in
off-shore “minimal transparency” zones.
76. The United Nations system might consider extending the existing mechanism of the
United Nations Register of Conventional Arms to cover export and import of major
military and security services, at least those involving the possession and use of lethal arms,
and require nations to include data on State contracts on exporting and importing military
and security services into the set of data submitted annually to the Register.
77. The Working Group recommends that in addition to more rigid and detailed national
registration of private military and security companies, the setting up of an open
international register of private military and security companies would constitute an
important step in regulating their activities. This register could be based on the experience
of other registers (such as the Register of Conventional Arms) set up at the international
level, and would require the adjustment of national regulations regarding registration of
military and security companies within each State.
78. Furthermore, the Working Group is of the view that in order for there to be effective
implementation of any private military and security industry regulation, accountability
mechanisms should also be put in place to ensure that such a regime is enforceable.
Obligatory transparency criteria for private military and security companies are to be
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