A/HRC/27/50
guaranteeing the effective accountability of PSCs and their personnel, it is essential
that human rights-based vetting mechanisms as well as mandatory legal training with
reference to the relevant international human rights and humanitarian law and
standards be introduced. Such training in human rights standards is imperative and
should form part of the overall mandatory criteria for obtaining a licence to operate
and for subsequent licence renewals.
71.
The study indicates that, although several national laws provide for the
establishment of a government authority responsible for granting licences to PSCs,
very few of the States reviewed require or grant power to the said authority to keep a
centralized register of licences that have been awarded. States’ obligation to keep such
a register may assist in maintaining oversight of PSC operations and the conduct of
PSC personnel.
72.
The Working Group hopes that the study of national legislation on PMSCs will
enable it to identify good practices that would contribute to its development of
guidance for Member States on how to regulate PSCs effectively and ensure the
enjoyment of the right to security by all. For instance, the regulation of the export of
security (and military) services is an example of good practice, which States must
consider addressing within their regulatory frameworks. Other good practices include
the mandatory requirement for PMSCs to have a sound organizational structure
coupled with an effective post accountability system that addresses not only their
activities, but also the conduct of their personnel, and the requirement for all alleged
offences or violations committed by PMSCs and/or their personnel to be reported to
the police or other law enforcement agents.
73.
Notwithstanding the good practices that may be identified by the Working
Group in the course of its study of national legislation on PSCs and despite the
detailed provisions on permitted and prohibited activities, there are still regulatory
gaps relating to issues such as the acquisition of weapons and trafficking in arms by
PMSC personnel and their consequences and divergent approaches to the use of force
and firearms in the course of duty. Taking into account the nature of PMSC activities
and the potential participation of PSC personnel in combat and mercenary-related
activities, as well as the likelihood that PMSC personnel carry and use weapons, the
lack of regulation creates potential risks to human rights. An international convention
could provide standard rules and methods on acquiring, exporting, importing,
possessing and using weapons and would ensure that PMSC personnel worldwide are
also held accountable for illegal acquisition of weapons, illicit trafficking in arms and
prohibited use of force.
74.
The study highlights the lack of clear regulations on oversight by the
authorities and accountability of actors in the PMSC industry. Legislation is
particularly silent on how the conduct of PSCs or PMCs is arbitrated during potential
events of unrest or armed conflict. An international convention covering issues such as
licensing, authorization, selection and training of PMSC personnel would promote
implementation at the national level of common and consistent regulations that would
ensure effective accountability and the availability of remedies for violations.
75.
The Working Group reiterates its view that a comprehensive, legally binding
international regulatory instrument would be the best way to ensure adequate
protection of human rights. In that regard, the Working Group welcomes the work of
the intergovernmental working group established by the Human Rights Council with
a view to considering the possibility of an international instrument for the regulation
of PMSCs; it encourages all States to participate actively in that process.
20
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents