A/HRC/30/47
certainly have the ability to influence the industry from a business standpoint. He
concluded that, although the Association’s grievance mechanism was not as developed as
its certification mechanism, respect of national and international law was viewed as a
fundamental responsibility.
III. Discussion on specific topics
A.
Substantive report of the Chair of the Working Group on mercenaries
as a means of violating human rights and impeding the exercise of the
right of peoples to self-determination
30.
In her statement on 28 April 2015, Ms. Karska said that the Working Group on
mercenaries had undertaken additional research on national laws and regulations regarding
private military and security companies in eight countries in Central America and the
Caribbean, eight countries in South America and four countries in Europe (A/HRC/30/34).9
Three other reports had already been submitted to the Council.10 Its 2016 report to the
Council would address the national legislation of countries in Eastern Europe, North
America and the Pacific. Those studies had assessed existing national laws regarding
private military and security companies and their effectiveness in protecting human rights
and promoting accountability for violations, and had aimed at identifying common points,
good practices and regulatory gaps that might exist. A global analysis would be presented
to the General Assembly in 2016.
31.
Ms. Karska said that the Working Group had held two expert meetings and
consulted with stakeholders, including on the use of private military and security companies
by the United Nations. Those efforts had informed the discussions of the Working Group
on a possible legally binding instrument for the regulation of such companies. Those
reflections were contained in the concept note prepared by the Working Group for
consideration at the current session of the open-ended intergovernmental working group.11
32.
Ms. Karska added that the concept note reflected the perspectives and experiences of
government officials, experts and civil society representatives, and was the result of
extensive consultations held by previous members of the Working Group. The first draft of
a possible convention was the basis for that reflection (see A/HRC/15/25, annex), while the
concept note was also the outcome of the ongoing research on national legislation referred
to above. Moreover, the concept note represented the commitment of the Working Group to
advancing a coherent, focused and realistic framework for the consideration of the openended intergovernmental working group.
33.
In seeking to achieve the above, the Working Group on mercenaries had distilled its
key concerns into the following eight main points:
9
10
11
Costa Rica, Cuba, El Salvador, Guatemala, Honduras, Mexico, Nicaragua and Panama; Argentina,
Bolivia (Plurinational State of), Brazil, Chile, Colombia, Ecuador, Peru and Uruguay; and France,
Hungary, Switzerland and the United Kingdom.
Burkina Faso, Cameroon, Côte d’Ivoire, the Democratic Republic of the Congo, Mali, Morocco,
Senegal and Tunisia (A/HRC/27/50); China, India, Malaysia, Pakistan, the Philippines, Singapore, Sri
Lanka and the United Arab Emirates (A/HRC/27/50); and Botswana, Ghana, the Gambia, Kenya,
Lesotho, Mauritius, Namibia, Nigeria, Sierra Leone, South Africa, Swaziland, Uganda and Zimbabwe
(A/HRC/24/45).
Available from
www.ohchr.org/Documents/HRBodies/HRCouncil/WGMilitary/Session4/WG_MercenariesCN_14Ap
ril2015.pdf.
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents