A/HRC/18/32 IV. Key challenges 58. Since its establishment in 2005, the Working Group has gained a deeper understanding of the impact of mercenary activities on the enjoyment of human rights. It has also been able to undertake significant research and analysis to address the rising phenomenon of private military and security companies operating around the world. In many cases, the question of accountability for human rights violations was the most prominent concern. In this regard, the Working Group’s research and consultations with various stakeholders demonstrate that several key challenges remain. A. Mercenaries: a recurring and evolving phenomenon 59. As the attempted coup by mercenaries in Equatorial Guinea in 2004 made clear,7 mercenaries remain active in many parts of the world, with devastating effects on human rights and the right of peoples to self-determination. 60. Recently, the phenomenon of mercenarism has seen a trend whereby rather than being hired to overthrow or undermine Governments, mercenaries have been employed by some Governments to suppress opposition movements. For instance, in the Libyan Arab Jamahiriya, the Government allegedly recruited African and other mercenaries to violently suppress peaceful demonstrations. As Government efforts to quash political protests have become an armed campaign to put down an opposition movement, it could be argued that mercenaries used by the Government and implicated in human rights violations are impeding the exercise of the right of the people to self-determination. Such mercenary activities to support Government action against civilians demonstrate that mercenarism remains a significant threat to human rights. 61. In Côte d’Ivoire, there have been reports of the use of mercenaries by the Government to protect itself from opposition movements and to suppress dissent. After losing the presidential election of 28 November 2010, the former President refused to leave office and allegedly hired Liberian mercenaries to maintain control of the country and to attack supporters of the newly-elected President. These mercenaries are reported to have been implicated in the killings of hundreds of civilians and, insofar as they were involved in supporting Government efforts to bypass the results of democratic elections, impeded the right of the people to self-determination. 62. The above recent examples highlight the importance of combating mercenarism and mercenary-related activities. In this regard, the Working Group urges States to adopt national legislation to combat mercenarism and to ratify the International Convention against the Recruitment, Use, Financing and Training of Mercenaries. B. Developing an international regulatory framework for private military and security companies 63. Owing to the increasing use of private military and security companies by some Governments, a number of States are of the opinion that it is necessary to develop an international regulatory framework to regulate these companies and have begun discussions on the subject in the above-mentioned intergovernmental working group. 64. In the process of consulting with various stakeholders with regard to private military and security companies, the Working Group has identified the existence of a regulatory gap 7 14 See A/HRC/18/32/Add. 2.

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