A/HRC/45/9
involved. Against this backdrop, it recalls State obligations to respect, protect and fulfil
human rights and the responsibility of business entities to respect human rights laid out in
the international human rights framework. It then delves into the various security-related
services provided by companies in immigration and border management, and assesses their
impact on these rights. It goes on to explain the fundamental lack of transparency around
these operations and the consequences it has on effective oversight, accountability and
effective remedies for victims of human rights violations and abuses resulting directly or
indirectly from them, before ending with recommendations to States and companies.
IV. Methodology and definitions
13.
The thematic report, which relied on extensive desk research and submissions,
builds on previous work undertaken by the Working Group, notably its 2017 report on the
use of private security providers in places of deprivation of liberty, including immigration
detention facilities (A/72/286), and the above-mentioned events (see para. 8 above). In
January 2020, the Working Group issued a call for submissions, seeking contributions from
all relevant stakeholders.7 The Working Group is grateful to all those who contributed to
the preparation of this thematic report by submitting information and participating in the
related events.
14.
The Working Group faced research challenges because of the lack of transparency
surrounding many private military and security company operations, and the difficulty
identifying the respective roles and responsibilities of the multiple State and non-State
actors involved. The Working Group is conscious that gaps in information remain,
particularly for some regions. Where possible, the Working Group has highlighted the
differentiated and disproportionate impacts on specific groups of the migrant populations,
such as unaccompanied children, women and older persons.
15. Two terms used repeatedly throughout the thematic report are worth defining. Firstly,
the Working Group uses the term “private military and security companies” to refer to
corporate entities providing, on a compensatory basis, military and/or security services by
physical persons and/or legal entities. This definition focuses on the activities performed by
corporate entities rather than the way a company may self-identify. Services include, for
example: knowledge transfer with security, policing and military applications; development
and implementation of informational security measures; land, sea or air reconnaissance;
satellite surveillance; and manned or unmanned flight operations of any type. 8 In line with
this definition, the thematic report focuses on those companies that provide private military
and security services, including not only private military and security companies, but also
defence companies, corporations specialized in information and advanced technologies, and
airlines. While identifying under a different label, these companies are major providers of
security-related services for immigration and border management purposes.
16.
Secondly, in the absence of a universal legal definition and for ease of reference, the
Working Group uses the term “migrants” to refer to all persons who are outside the State of
which they are a citizen or national, or, in the case of stateless persons, their State of birth
or habitual residence. The term includes migrants who intend to move permanently or
temporarily and those who move in a regular or documented manner, as well as migrants in
irregular situations. The term “migrants” encompasses different categories of persons, such
as asylum seekers, refugees and migrant workers. The term is without prejudice to the
protection regimes that exist under international law for specific legal categories of nonnationals (see para. 25 below).9
7
8
9
4
See www.ohchr.org/EN/Issues/Mercenaries/WGMercenaries/Pages/Callroleprivatemilitary.aspx.
For the full definition, see A/HRC/15/25, annex, art. 2.
See www.ohchr.org/Documents/Issues/Migration/OHCHR_Recommended_Principles_
Guidelines.pdf; and www.ohchr.org/Documents/Issues/Migration/PrinciplesAndGuidelines.pdf.
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