A/HRC/15/25
Universidad Externado de Colombia and the Javeriana University and gathered more than
150 experts, academics and civil society organizations, including representatives from the
OHCHR Office in Colombia, the International Committee of the Red Cross in Colombia, of
the “Regulating the Privatization of War” project, the European University Institute and a
large number of NGOs. On 8 February 2010, Ms. Benavides de Pérez gave a lecture on
“Privatization of security: challenges and risks for the international community” at the
Universidad de Antioquia, Medellín, Colombia. She also presented a paper on “PMSCs in
the context of international humanitarian law” on 5 April 2010 at the Cátedra Von
Humboldt, Universidad Jorge Tadeo Lozano, Bogota. Finally, at a discussion on
“Accountability for Private Security Contractors? The role of the UN” on 19 May 2010,
organizers from the Global Policy Forum and The Hague Appeal for Peace read an opening
statement by Ms. Benavides.
III. Progress towards the elaboration of a possible new draft
convention on private military and security companies
31.
In this chapter, the Working Group reports on the progress achieved towards the
elaboration of a possible new draft convention on private military and security companies.
It discusses the context, purpose, scope and content of such a convention. It also presents a
summary of the consultation process in which it has engaged in accordance with resolution
10/11 of 26 March 2009 and a summary of the responses received from States, nongovernmental entities and the academic sector. A draft of a possible international
convention on private military and security companies is presented as an annex to this
report.
A.
Context and purpose
32.
The Working Group has repeatedly expressed its concern regarding the impact of
the activities of PMSCs on the enjoyment of human rights. In its mission reports it has
provided detailed information regarding grave human rights violations perpetrated by their
employees, in particular when operating in conflict or post-conflict areas, and the lack of
transparency and accountability of PMSCs. These concerns are based on the findings of the
Working Group, particularly following its missions to countries where PMSCs are
operating such as Afghanistan, where PMSCs are registered such as the United States of
America and the United Kingdom and countries where personnel are being recruited such
as Fiji and several Latin American countries.
33.
The use of local and international PMSCs has impacted on the enjoyment of human
rights in several countries, in particular where the industry has remained unregulated. For
example, PMSCs have been drawn into military-type activities when operating in volatile
areas and have been involved in combat and in many incidents involving the use of
firearms.
34.
Furthermore, several of these incidents have highlighted the blurring of the lines of
responsibility between PMSCs and States, whether home States, contracting States or
States of operations. In some instances, the identity and chain of command between the
PMSCs and the client have remained unclear and have led to situations where no one has
been held accountable.
35.
In a letter dated 23 April 2010 to Member States, the Working Group summarized
the core rationale for its proposals for the adoption of a new international legal instrument
aimed at developing standards for the regulation, monitoring and oversight of the activities
of PMSCs. The main arguments are presented below.
GE.10-15155
9
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