A/HRC/30/47
I. Introduction
1.
The Human Rights Council decided, in its resolution 15/26, to establish an openended intergovernmental working group with the mandate to consider the possibility of
elaborating an international regulatory framework, including 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, taking into
consideration the principles, main elements and draft text as proposed by the Working
Group on the use of mercenaries as a means of violating human rights and impeding the
exercise of the right of peoples to self-determination.
2.
In its resolution 22/33, the Human Rights Council extended the mandate of the
open-ended intergovernmental working group for a further period of two years in order for
it to undertake and fulfil the mandate as outlined in paragraph 77 of its report on its second
session (A/HRC/22/41). The Council also requested the working group to present its
recommendations to the Council at its thirtieth session. Those recommendations, which are
based on deliberations held at the working group’s third and fourth sessions, are contained
in section V below.
3.
On 26 March 2015, the Human Rights Council decided, in its resolution 28/7, to
extend the mandate of the open-ended intergovernmental working group for a further
period of two and a half years in order for it to undertake and fulfil its mandate, as
contained in resolution 22/33.
4.
The open-ended intergovernmental working group has held four sessions.1 Its fourth
session, held from 27 April to 1 May 2015, was opened by the Chief of the Rule of Law,
Equality and Non-Discrimination Branch, on behalf of the Deputy High Commissioner for
Human Rights. She highlighted several developments that had occurred since the third
session, including the establishment by the Human Rights Council in its resolution 26/9 of
an open-ended intergovernmental working group on transnational corporations and other
business enterprises with respect to human rights. She also said that the Office of the
United Nations High Commissioner for Human Rights (OHCHR) would shortly publish a
progress report on legal options and practical measures to improve access to remedy for
victims of business-related human rights abuses (as requested in Council resolution 26/22),2
which is intended to contribute to a more effective implementation of the Guiding
Principles on Business and Human Rights (see A/HRC/17/31, annex).3
5.
The Deputy High Commissioner stressed that private military and security
companies had a responsibility to respect human rights, as stipulated in the Guiding
Principles on Business and Human Rights. That might include implementing training
procedures for employees, establishing grievance procedures in cases of alleged abuses and
conducting regular monitoring to ensure adequate oversight, immediate cessation of abuses
and accountability. If cases of human rights abuses occurred, States had the obligation to
ensure that they were referred to the authorities concerned for investigation, prosecution
and reparation. From a human rights perspective, she stressed the importance of ensuring
1
2
3
See summaries of first session (23–27 May 2011, A/HRC/WG.10/1/4), second session (13–17 August
2012, A/HRC/22/41) and third session (21–25 July 2014, A/HRC/WG.10/3/2).
More information is available from
www.ohchr.org/EN/Issues/Business/Pages/OHCHRstudyondomesticlawremedies.aspx.
Endorsed by the Human Rights Council in its resolution 17/4.
3
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