A/HRC/45/9 I. Introduction 1. The present report is submitted pursuant to Commission on Human Rights resolution 2005/2, in which the Commission established the mandate of 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, and Human Rights Council resolution 42/9, in which the Council renewed that mandate. The report covers the activities of the Working Group since its previous report to the Council (A/HRC/42/42). It also analyses the impact on the protection of the human rights of all migrants, including refugees and asylum seekers, of the increased use of private military and security services in immigration and border management. 2. During the reporting period, the Working Group was composed of Chris Kwaja (Chair), Jelena Aparac, Lilian Bobea, Sorcha MacLeod and Saeed Mokbil. II. Activities of the Working Group A. Annual sessions 3. The Working Group held its thirty-eighth and thirty-ninth sessions in Geneva from 25 to 29 November 2019 and from 30 March to 3 April 2020 respectively. During the sessions, members of the Working Group held bilateral meetings with representatives of Member States, international and non-governmental organizations and other relevant interlocutors, and convened expert meetings, panel events and consultations. The March/April session was held virtually owing to the travel restrictions related to the coronavirus disease (COVID-19) pandemic. B. Communications and statements 4. The Working Group sent several communications jointly with other special procedure mandate holders. An urgent action and a joint media statement were issued highlighting allegations of human rights violations and abuses in an immigration detention centre in the United States of America in the context of the COVID-19 pandemic. Allegation letters were addressed to two Governments and a company regarding the alleged role of a private military company in violations of international humanitarian law and violations and abuses of international human rights law allegedly committed during the armed conflict in Sri Lanka between 1984 and 1988, as well as the related lack of accountability and remedies for victims. Allegation letters were also addressed to Governments and one non-State actor regarding the use of mercenaries and related actors in the context of hostilities near Tripoli, Libya, followed by a joint media statement. 1 C. Country visits 5. The Working Group places great importance on undertaking country visits. Despite sending numerous requests for country visits and reminders to follow up on previous letters, most requests did not receive a response. Nevertheless, three letters of acceptance were received, from the Governments of Bosnia and Herzegovina and of Australia to conduct visits in 2020 and 2021 respectively, and from the State of Palestine. D. Selected activities 6. In September 2019, the Working Group made a submission to the open-ended intergovernmental working group to elaborate the content of an international regulatory framework, without prejudging the nature thereof, to protect human rights and ensure accountability for violations and abuses relating to the activities of private military and 1 2 Communications are available at https://spcommreports.ohchr.org.

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