A/HRC/15/25
I. Introduction
1.
In the present report, 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 selfdetermination describes the activities it has undertaken since it last reported to the Human
Rights Council in March 2009. The report focuses in particular on the progress achieved in
the elaboration of a possible draft convention on private military and security companies
(PMSCs). It takes into consideration communications sent between 16 December 2008 and
18 April 2010.
2.
The report is submitted pursuant to resolution 2005/2 of the Commission on Human
Rights establishing the mandate of the Working Group and resolution 7/21 of 28 March
2008 extending the mandate of the Working Group.
3.
The Working Group is composed of five independent experts serving in their
personal capacities: José Luis Gómez del Prado (Spain), Chairperson during the period
when this report was being drafted, Ms. Shaista Shameem (Fiji), Amada Benavides de
Pérez (Colombia), Alexander Nikitin (Russian Federation) and Najat al-Hajjaji (Libyan
Arab Jamahiriya). Ms. Shameem took on the chairmanship of the Working Group from
April 2009 to April 2010. In April 2010, the Working Group decided to operate under a
three-monthly rotating chairmanship for the last year of their mandate.
II. Activities
4.
In accordance with its usual practice, the Working Group continued to hold three
regular sessions per year, two in Geneva and one in New York. The Working Group
concentrated its efforts on its ongoing work on the development of a possible new
international convention on the regulation of activities of PMSCs, discussed in detail in Part
III of this report. It also carried out two country visits, held regular meetings with member
States representatives, NGOs and experts and reviewed allegations regarding the activities
of mercenaries and PMSCs and their impact on human rights and decided on appropriate
action.
5.
The Working Group has recently received information suggesting that in some
instances PMSCs are supporting warlords and rebel groups. For instance, allegations
suggest that in Afghanistan a number of PMSCs contracted by the Government of the
United States have a privileged relationship with the Taliban. Others suggest that a German
PMSC is considering deploying a significant number of military guards to Somalia to train
warlord groups close to the self-proclaimed but not internationally recognized President of
Somalia, Abdinur Ahmed Darman.
6.
The collusion between PMSCs and rebel groups is a worrisome trend which calls for
further attention, in particular in view of its potential impact on the enjoyment of human
rights. Accordingly, the Working Group intends to engage in the near future with the
authorities of the Governments concerned, seeking additional information with respect to
both situations described below with a view to reminding all States of their responsibilities
when contracting PMSCs and of the possible negative implications when PMSCs operate in
conflict zones without a legal framework or mechanism to ensure that they respect
international human rights and humanitarian law.
4
GE.10-15155
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