A/HRC/36/36
25.
The representative of the International Committee of the Red Cross made a technical
remark but did not want to risk jeopardizing the consensus achieved by the delegations. As
regards paragraph 27 (b) below, he noted that private military and security companies
operated in different circumstances, including in armed conflict. He suggested that
reference to international human rights law and international humanitarian law, as
applicable, could be included after the term “abuses” in paragraph 27 (b). The ChairRapporteur asked if that technical remark could be reflected in the report, rather than
reopening negotiation of the conclusions and recommendations, to which the representative
of the International Committee of the Red Cross acceded.
V. Conclusions and recommendations
26.
On 24 May 2017, 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
adopted the following conclusions and recommendations:
27.
The open-ended intergovernmental working group:
(a)
Notes the recommendations of the first five sessions of the open-ended
intergovernmental working group;
(b)
Recognizes the need to protect human rights and ensure accountability
for violations and abuses relating to the activities of private military and private
security companies;
(c)
Acknowledges the difference of views at this time on the nature of an
international regulatory framework that would address these concerns;
(d)
Notes relevant national, regional and international standards and tools,
including those prepared by various stakeholders.
28.
The open-ended intergovernmental working group recommends that the
Human Rights Council consider the establishment of a new intergovernmental
working group for a period of three years mandated to:
(a)
Commence elaborating the content of an international regulatory
framework, without prejudging the nature thereof, in efforts to protect human rights
and ensure accountability for violations and abuses relating to the activities of private
military and private security companies, informed by the discussion document on
elements for an international regulatory framework on the regulation, monitoring and
oversight of the activities of private military and security companies, as prepared by
the Chair-Rapporteur, and further inputs from Member States and other
stakeholders;
(b)
Invite the contributions of Governments, relevant special procedure
mandate holders and mechanisms of the Council, treaty bodies, regional groups,
intergovernmental organizations, civil society, the industry and other stakeholders
with relevant expertise, including the Co-Chairs of the Montreux Document Forum
and the International Code of Conduct Association.
29.
The open-ended intergovernmental working group also recommends that its
conclusions and recommendations be incorporated in a resolution of the Human
Rights Council.
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