A/HRC/10/14 page 10 and for the Eastern European Group and Central Asia region, in order to present to the high-level round table of States a global view of the emerging issues, manifestations and trends regarding mercenary-related activities and their impact on human rights. II. THEMATIC ISSUES: STANDARDS, PRINCIPLES AND GUIDELINES FOR A NEW INTERNATIONAL CONVENTION ON REGULATING PRIVATE MILITARY AND SECURITY COMPANIES A. Elaboration process for new regulatory instruments 38. In resolution 7/21, the Human Rights Council mandated the Working Group to elaborate and present “concrete proposals on possible complementary and new standards aimed at filling existing gaps, as well as general guidelines or basic principles encouraging the further protection of human rights, in particular the right of peoples to self-determination, while facing current and emergent threats posed by mercenaries or mercenary-related activities”. Based on its country visits and consultations with various stakeholders, and having studied many existing or proposed standards, guidelines and principles for the regulation of the private military and private security industry, the Working Group has started to develop a framework of standards, principles and guidelines that could be used in the elaboration of national and international regulatory mechanisms to fill the existing gaps and address mercenarism and the activities of private military and security companies. These standards and principles were discussed by the Working Group with Governments in the course of regional consultations and country visits, and with representatives of companies, and presented in the Working Group’s annual report to the General Assembly (A/63/325). The Working Group defines regulatory principles in six topic areas: legal standards; registration; licensing; accountability mechanisms; vetting, legal and human rights training; and oversight. It suggests the establishment of an intergovernmental open-ended working group, consisting of nominated representatives of interested States, as well as experts, to draft the text of a new international convention on regulating private military and security companies, based on draft texts prepared by the Working Group derived from coordinated principles. B. Standards, principles and guidelines 39. Since the preparation of its annual report to the General Assembly, the Working Group has further considered existing and emerging standards, principles and guidelines, which are to be placed as the foundation for new regulatory legal instruments. Legal standards 40. The Working Group considered that the initial step required to regulate effectively the activities of private military and security companies and their employees is to establish concrete legal standards that would define a juridical framework for the activities of private military and security companies. In resolution 7/21, the Human Rights Council refers to “gaps” in existing legal norms that need to be filled, which the Working Group believes requires the development of new legal norms. In identifying these gaps, the Working Group recognizes that whilst the Convention remains the only universal instrument dedicated to addressing mercenarism, many activities performed by private military and security companies under government contracts do not easily fall within the definition of “mercenary” as set out in the Convention.

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