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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