A/HRC/30/34
infractions with their respective sanctions. Selection procedures and background
checks must be improved, with specific reference to international human rights and
humanitarian law in the selection criteria, and training requirements that meet the
minimum standards of duration and with particular content on human rights.
130. While in general States have detailed regulations on private security services,
the relevant laws do not include any references to a single dedicated body responsible
for licencing and monitoring the activities of private military and security companies,
or specific rules on the content of monitoring activities and inspections.
131. The Working Group reiterates its view that a comprehensive, legally binding
international regulatory instrument is the best way to ensure consistent regulation
worldwide and adequate protection of the human rights of all affected by the activities
of private military and security companies. The Working Group emphasizes the
critical need for States to establish minimum international standards to regulate the
activities of private military and security companies and their personnel in pursuing
the realization of these fundamental human rights, in accordance with international
human rights and humanitarian law standards. An international convention would
provide a standard regulatory framework and single dedicated body on various
essential issues related to the activities of private military and security companies,
ensure the accountability of private military and security company personnel, and
guarantee the right to effective remedies of all victims worldwide. The provisions of an
international convention on licensing, authorisation, selection and training of private
military and security personnel would contribute to the establishment of common and
consistent regulation that is desirable to ensure effective scrutiny of the conduct of
private military and security companies and the implementation of the necessary
international human rights standards, as well as to ensure the accountability of
private military and security company personnel for violations of the law.
132. Further research into national regulatory strategies is clearly needed in order
to identify trends, gaps and good practices in regulating private military and security
companies. To this end, the Working Group encourages Member States that have not
yet responded to its request to share with it laws and regulations relating to private
military and security companies to do so.
133. In this study, the Working Group observed that only five of the countries
studied have ratified the International Convention against the Recruitment, Use,
Financing and Training of Mercenaries and that only one of them, Peru, prohibits the
activities of mercenaries domestically. The Working Group calls on the countries that
are parties to this convention to incorporate the prohibition of those activities into
their domestic legislation.
134. The Working Group also encourages Governments in these regions to promote
discussion on the role of private security companies in the context of regional security
into the agendas of intergovernmental, regional and subregional organizations.
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