A/HRC/30/47
Annex II
[English only]
Concluding remarks by the European Union
The European Union would like to thank the Chair and the Secretariat for the work in
preparation of this session and during the session.
The European Union believes that private security companies need to respect international
humanitarian law and international human rights law.
The European Union has actively and constructively engaged in the discussion of this
intergovernmental working group over the past four years. Several presentations during this
session were particularly informative and confirm that this industry is complex, and
evolving. The presentations also confirm that many steps have already been taken to
prevent abuses, and provide remedy when abuses occur. A range of obligations for States
already exists, as well as several processes to set new standards, to elaborate concrete
guidance for specific sectors, and to ensure oversight and accountability.
The discussion confirmed the specificities of regulating sea-based private security activities
and the need to look into progress made in other fora. It is particular important not to
duplicate the work carried by the International Maritime Organization (IMO). IMO has a
leading role on this issue.
The European Union is prepared to consider other options, and has come forward with a set
of possible action oriented recommendations to ensure that this intergovernmental working
group can progress in its deliberations. The European Union would like to share with the
plenary its proposed recommendations, as circulated on the third day of this session and
presented during the informal consultations on the fourth day :
In view of the substantive discussions held during the past sessions of the openended inter-governmental working group, and in light of the complexities of the
issues, it recommends to the Human Rights Council the following:
(a)
Continuation of the substantive discussions in the intergovernmental
working group with the participation of experts and all relevant stakeholders to take
stock of progress at the national and international levels — including in widening
the support to the Montreux Document and its Forum, and the development of the
International Code of Conduct Association — regarding the regulation, monitoring
and oversight of the activities of Private Military Companies and Private Security
Companies;
(b)
Review the implementation of the Guiding Principles on Business and
Human Rights, with particular emphasis on the third pillar regarding access to
remedies, in the case of the activities carried out by private military companies and
private security companies;
(c)
Consideration of the range of options to be explored to further develop
an international regulatory framework, including international standards setting,
development of guidelines, possibly actions plans or model laws, contract templates
based on the Montreux Document, good practices and mutual legal assistance
programmes;
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