A/HRC/36/47 operate and for subsequent licence renewals. This instrument could go beyond mere compliance with selection-related formalities, instilling respect for rights and establishing the responsibility to impose concrete sanctions for infractions. Selection procedures and background checks must be improved, with training requirements that make specific reference to international human rights and international humanitarian law. 69. A distinction must be drawn between the activities of private military and security companies and State authorities. An international legally binding instrument could describe the legitimate role and functions of private military and security companies, and can provide for the prohibition of the involvement of private military and security company personnel in inherently governmental functions such as combat or military activities. 70. States should also consider and implement regulations on the rules and methods of acquiring, exporting, importing, possessing and using weapons and to ensure that private military and security company personnel worldwide are also held accountable for illegal acquisition of weapons and illicit trafficking in arms. 71. An international legally binding instrument could also strengthen provisions on the accountability of private military and security companies and their personnel to the government of their country of origin, registration or operation, and establish, for this purpose, standardized and effective accountability mechanisms to ensure the enforceability of regimes regulating the activities of private military and security companies. Such mechanisms would establish penal accountability and civil liability of both individuals and corporate actors for human rights violations, as well as a framework for oversight, and for reparation and remedy for victims. 72. As further guidance to States, the Working Group prepared a concept note for consideration during the fourth, fifth and sixth sessions of the open-ended intergovernmental working group to consider the possibility of elaborating an international regulatory framework on the regulation, monitoring and oversight of the activities of private military and security companies. The concept note incorporates critical elements to inform potential discussions on a possible international legally binding instrument on private military and security companies. These elements were identified as a result of expert consultations, meetings and discussions undertaken by the Working Group with States, civil society organizations and various stakeholders. The concept note is accessible on the website of the Working Group133 and the open-ended intergovernmental working group on private military and security companies. 73. Regarding the various conventions on mercenaries, the Working Group calls upon States parties to ratify and incorporate the United Nations and African Union mercenaries conventions’ standards into their national legislation. 133 See www.ohchr.org/EN/Issues/Mercenaries/WGMercenaries/Pages/IssuesFocus.aspx. 19