A/HRC/36/36
IV. Reflection on previous sessions of the open-ended
intergovernmental working group and discussion on the way
forward
11.
In their general statements at the beginning of the sixth session, delegations
expressed their wish to move forward in a spirit of consensus and cooperation. They
remarked that the informal consultation held on 15 May 2017, in anticipation of the sixth
session, had been useful and had enabled delegations to reduce differences on a number of
outstanding issues. Delegations also expressed gratitude for the discussion document that
had been circulated after the informal consultation, and for the compilation of
recommendations made by the open-ended intergovernmental working group during its
previous five sessions.
12.
Delegations agreed on the importance of prevention and protection against human
rights abuses and highlighted the importance of oversight and accountability in that area.
The private military and security companies industry was evolving quickly and a range of
obligations existed for States. The private sector wanted legal certainty and victims and
human rights defenders needed reliable access to remedies through judicial or non-judicial
mechanisms. They emphasized the importance of multi-stakeholder participation in
determining the way forward, but agreed that States were the primary decision makers in
the context of the open-ended intergovernmental working group. There had been agreement
during the previous five sessions regarding the need to improve regulation of private
military and security companies and address abuses perpetrated by such companies. Since
2011, States had made progress in analysing and addressing issues related to the operation
and regulation of private military and security companies. Progress had also been made in
relation to the steps that contracting States, home States, territorial States, and States of
nationality should take. States could be mutually supportive by drawing on each other’s
experiences, guidelines, action plans, good practices, mutual legal assistance programmes
and template agreements. They hoped that the sixth session would provide a forum to focus
on what the problems were and what strategies were working to address them.
13.
Some delegations said that it was key for any new regulatory framework to be based
on and complement existing processes, mechanisms, legislation and initiatives, such as the
International Code of Conduct for Private Security Service Providers and the International
Code of Conduct Association; the Montreux Document on pertinent international legal
obligations and good practices for States related to operations of private military and
security companies during armed conflict and the Montreux Document Forum; the
Legislative Guidance Tool for States to Regulate Private Military and Security Companies
and the Contract Guidance Tool for Private Security prepared by the Geneva Centre for the
Democratic Control of Armed Forces; and international standard ISO-18788:2015, which
provides a framework for establishing, implementing, operating, monitoring, reviewing,
maintaining and improving the management of security operations. 2 They also referred to
the Guiding Principles on Business and Human Rights (A/HRC/17/31, annex) and the
Accountability and Remedy Project of OHCHR, including the report of the United Nations
High Commissioner for Human Rights on improving accountability and access to remedy
for victims of business-related human rights abuse (A/HRC/32/19 and Corr.1 and
A/HRC/32/19/Add.1).
14.
Some delegations were unconvinced of the need for a legally binding instrument and
considered that there was no consensus on moving forward on the creation of such an
instrument. However, they considered that the development of an international regulatory
framework was in the interest of all stakeholders; further work would be needed to
determine the form such a framework could take. There was widespread agreement on the
need to improve the conduct of private military and security companies and address abuses
whenever they occurred. They referred to the consensus on the distinctions between private
military companies and private security companies and noted that each of those types of
companies raised their own challenges. They urged the open-ended intergovernmental
2
6
www.iso.org/standard/63380.html.
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