A/HRC/18/32 effectiveness in protecting human rights and ensuring accountability for human rights violations involving mercenaries and private military and security companies. 36. The Working Group has undertaken visits to a broad range of countries in which the activities of private military and security companies or mercenaries are reported, including Afghanistan, Chile, Ecuador, Equatorial Guinea, Fiji, Honduras, Iraq, Peru, South Africa, the United Kingdom and the United States of America. The Working Group wishes to express its sincere gratitude to these Governments for having extended invitations and for their cooperation during these country missions. 37. The Working Group’s country visits were designed to examine the broadest possible range of activities conducted by private military and security companies and mercenaries, as well as the effects of these activities across most geographical regions. In its investigation of mercenary activities, the Working Group visited Equatorial Guinea in 2010 to understand the circumstances surrounding the attempted coup by mercenaries in 2004 and the Government response. In its efforts to collect information and better understand activities of private military and security companies and their impact on human rights, the Working Group conducted country visits to Afghanistan and Iraq, in which companies of this type operate. The Working Group also visited the United Kingdom, the United States and South Africa, in which many private military and security companies are established, to exchange views regarding the regulation of their activities and to discuss the need to ensure accountability for human rights violations. Lastly, the Working Group conducted country visits to Chile, Fiji, Honduras, Peru and South Africa, where private military and security companies recruit personnel, to study the human rights impact of these activities. 38. During its country visits, the Working Group made several important findings. With regard to mercenaries, the Working Group found that national legislation and judicial processes were not always effective in ensuring accountability for mercenary activities and were not always conducted in line with international human rights standards. The Working Group recommended that accused mercenaries should be tried by a competent, independent and impartial tribunal and in compliance with international human rights standards. It also found evidence of disturbing links between mercenaries and some private military and security companies, making the monitoring of the activities of these companies and their employees all the more necessary. The Working Group urged Governments to consider acceding to the International Convention against the Recruitment, Use, Financing and Training of Mercenaries as a matter of priority. 39. With regard to private military and security companies, the Working Group found that many States did not have national legislation regulating the activities of such companies and their employees. In countries with national legislation in place regulating the private military and security industry, the Working Group found gaps in regulatory frameworks and discussed the importance of revising legislation or adopting new legislation to clarify and strengthen domestic regulations to ensure accountability for human rights violations. 40. In countries where private military and security companies operate, the Working Group found several challenges in holding the companies accountable for possible human rights violations. The Working Group discussed various approaches to ensuring accountability and protecting human rights in connection with the activities of such companies. It exchanged views with the Governments concerned in an effort to identify gaps in national legislation and recommended continuing efforts to develop national legal frameworks to ensure accountability for private military and security companies and an effective remedy for victims of human rights violations. Where such companies are required to obtain licenses, the Working Group discussed the need for oversight mechanisms to continue monitoring their activities even after they have received the appropriate licenses. The Working Group recommended the establishment of an independent mechanism to which the local population could submit complaints about violations of human rights by private military and security companies as a step towards 10

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