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.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents