A/HRC/30/47
(a)
The Working Group acknowledged that certain functions were inherent to the
State, for which it retained ultimate responsibility regardless of whether or not it outsourced
that function. Some inherent State functions might not be outsourced, namely direct
participation in hostilities in armed conflict, and detention and interrogation of prisoners of
war, as defined in the Geneva Convention of 12 August 1949 relative to the Treatment of
Prisoners of War. The Working Group proposed that recommendations for the recognition
of different classifications of service activity be included in the draft. Those classifications
were predicated on identifying which activities increased the risk of human rights violations
when undertaken by private actors. They also addressed the gap left by the Montreux
Document, which applied solely to armed conflicts;
(b)
Intergovernmental organizations, as well as States, could become party to the
convention. While that was not new, it reinforced the notion of accountability of
intergovernmental organizations and supported the growing trend of such organizations
assuming their objective international legal personality in becoming party to international
instruments;
(c)
The Working Group proposed one article on implementation, bringing
together the different related articles in the first draft convention. Obligations under that
article would apply to domestic and international companies, as well as to services offered
to States and to intergovernmental, non-State and corporate clients;
(d)
The Working Group offered a new definition of a licence, which would serve
as a modality for establishing and enforcing standards;
(e)
The Working Group put forward one coherent article on licensing covering
five focus areas, again bringing together related elements in the first draft convention;
(f)
Registration should take place as a secondary step following licensing. That
built on the registry of the first draft convention and would serve as a monitoring system of
related actors and activities;
(g)
The Working Group introduced a new framework of regulation of
jurisdiction. The new draft sought to strengthen accountability and extraterritorial
provisions, notably to cover the complex environments in which the security industry often
operated. The framework applied the following hierarchy of principles for establishing
jurisdiction: active person; passive person; territoriality; and universal jurisdiction;
(h)
The Working Group deemed it essential to establish a mechanism for the
purposes of oversight and ensuring remedy and reparations for victims. The modality, be it
a committee or ombudsperson or other modality, had not yet been determined, but any
mechanism that could regularly, efficiently and comprehensively undertake monitoring and
investigation and guarantee remedy for victims was worthy of review.
34.
Ms. Karska concluded by hoping that that new formulation of key principles would
be a source of fruitful and constructive discussion among the open-ended intergovernmental
working group, and would build a stronger foundation for mutual consideration and shared
positions as deliberations progressed.
35.
During the subsequent discussion, some delegations welcomed the concept note
prepared by the Working Group. According to one delegation, the concept note
comprehensively covered the elements that might be included in the kind of legally binding
instrument for which the open-ended intergovernmental working group had been created. It
also suggested that the Chair-Rapporteur consolidate all proposals, including the concept
note, for future deliberations and as a basis for future work. Furthermore, it expressed its
appreciation for the work of the International Code of Conduct Association and the
Government of Switzerland in relation to the Montreux Document, and said that it was time
for the intergovernmental working group to pull together all those efforts in a
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