A/HRC/16/50
safe haven, and including rule of law programmes in recommendations for technical
assistance. In addition, the Committee held a discussion on 7 October 2010 that focused
entirely on human rights in the context of resolution 1373. These discussions were later
presented as briefings to the wider United Nations membership, bringing greater
transparency to the Committee’s attention to human rights. At a Security Council briefing
by chairs of the subsidiary counter-terrorism bodies on 15 November 2010, the Committee
chair reiterated that effective counter-terrorism measures and respect for human rights,
fundamental freedoms and the rule of law are complementary and mutually reinforcing.
12.
In line with General Assembly resolution 64/168 and Human Rights Council
resolution 13/26, the Committee and its Executive Directorate continued to liaise with the
Office of the United Nations High Commissioner for Human Rights (OHCHR), the Special
Rapporteur on the promotion and protection of human rights and fundamental freedoms
while countering terrorism, and other human rights entities. The Special Rapporteur briefed
the Committee in New York on 28 October 2010, where he addressed issues related to the
legal basis of the Security Council’s counter-terrorism regime. The Executive Directorate
organized a regional workshop for senior law enforcement and prosecution officials from
South Asia, with the participation of OHCHR, in Semarang, Indonesia, from 9 to 11
November 2010, including for the purpose of visiting the Jakarta Centre for Law
Enforcement Cooperation. It also continued its active participation in the Counter-Terrorism
Implementation Task Force working group on the protection of human rights while
countering terrorism, chaired by OHCHR.
D.
Other developments: regulation of private military and security
companies
13.
In accordance with the request made by the Human Rights Council in its resolution
10/11 with regard to the elaboration of a possible draft convention on private military and
security companies and following regional consultations and meetings with experts, the
Working Group on the use of mercenaries as a means of violating human rights and
impeding the right of peoples to self-determination presented the full text of the possible
draft convention to the Council at its fifteenth session (A/HRC/15/25, annex). The Working
Group also presented elements for the possible draft convention to the General Assembly at
its sixty-fifth session (A/65/325, annex). As highlighted by the Working Group, the aim of a
new binding legal instrument would be to establish minimum international standards for
States parties to regulate the activities of the companies and their personnel, and to set up an
international oversight mechanism in the form of a committee (ibid., para. 54). The draft
convention also proposes that the committee establish and maintain an international register
of private military and security companies operating on the international market based on
information provided by States parties (ibid., para. 54 (i)).
14.
On 1 October 2010, the Human Rights Council adopted resolution 15/26 in which it
decided to establish an open-ended intergovernmental working group to consider the
possibility of elaborating an international regulatory framework, including, inter alia, the
option of elaborating a legally binding instrument, on the regulation, monitoring and
oversight of the activities of private military and security companies, including their
accountability. The Council noted that the open-ended intergovernmental working group
should take into consideration the principles, main elements and draft text proposed by the
Working Group on the use of mercenaries.
15.
In a parallel development, on 9 November 2010, 58 private security companies
signed on to the International Code of Conduct for Private Security Service Providers. The
Code of Conduct endorses the principles of “respect, protect, remedy” developed by the
Special Representative of the Secretary-General on the issue of human rights and
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