A/HRC/10/14 page 4 Introduction 1. The Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination was established in 2005, pursuant to Commission on Human Rights resolution 2005/2 assumed by the Human Rights Council, replacing the prior mandate of the Special Rapporteur (established in 1987). 2. In 2008, the Working Group was composed of the following experts: Ms. Najat Al-Hajjaji (Libyan Arab Jamahiriya), Ms. Amada Benavides de Pérez (Colombia), Mr. José Luis Gómez del Prado (Spain), Mr. Alexander Nikitin (Russian Federation) and Ms. Shaista Shameem (Fiji). Mr. Alexander Nikitin was elected Chairperson-Rapporteur on 7 April 2008, a position that rotates on an annual basis. 3. For the purposes of this report, and while recognizing the definitional challenges, the Working Group refers to private military and private security companies (PMSCs) as including private companies which perform all types of security assistance, training, provision and consulting services, i.e. ranging from unarmed logistical support, armed security guards, to those involved in defensive or offensive military and/or security-related activities, particularly in armed conflict areas and/or post-conflict situations. 4. In order to implement respective General Assembly and Human Rights Council mandates, the Working Group recommends that an intergovernmental open-ended working group be established at the international level, consisting of nominated representatives of interested States and experts, tasked with drafting the text of a new international convention on regulating private military and security companies. At the same time, the Working Group will present to the intergovernmental open-ended working group its findings and conclusions in the form of the draft convention based upon principles outlined further in the present report as an instrument for national level of regulation. I. ACTIVITIES OF THE WORKING GROUP A. Third, fourth and fifth sessions of the Working Group 5. The Working Group held its third session in Geneva from 7 to 11 April 2008. It elected Mr. Alexander Nikitin as its Chairperson-Rapporteur for the coming year. It convened consultations with representatives of Member States, United Nations agencies and organs, the Office of the High Commissioner for Human Rights, the International Committee of the Red Cross, academics, non-governmental organizations and an association of private military and security companies. 6. After having considered a number of country situations, the Working Group decided to send letters of request, or renewed requests, to visit Armenia, Azerbaijan, Colombia, Equatorial Guinea and the United States of America. By letter dated 24 June 2008, the Government of the United States accepted the request of the Working Group to visit the country. At the same session, the Working Group decided that in compliance with Human Rights Council resolution 7/21 the next regional consultation would be held for countries of the Eastern