A/HRC/18/32 claims by the companies that their employees are immune from jurisdiction and the general weakness in capacity and rule of law in the countries where they operate further compromise accountability. 79. As a first step towards resolving these issues, States should adopt national legislation that would allow their courts to exercise jurisdiction over their own nationals and companies established in their territory and operating abroad. States should develop mechanisms to facilitate reporting of human rights violations involving private military and security companies by various stakeholders, including Governments, non-governmental organizations, companies and victims. This information should be shared with the Governments of home States and territorial States. Drawing from its experience of conducting country missions, the Working Group believes it may be useful to establish specific units responsible for the investigation and prosecution of violations of national law by private military and security companies. Such units should be staffed by experienced prosecutors and investigators and be adequately resourced. 80. As evidence and witnesses are often located in a different jurisdiction, prosecutors and investigators should have access to them or at least be able to benefit from the cooperation of their counterparts in the relevant country. To this end, States could explore means of international cooperation with a view to setting up coordination and cooperation mechanisms for the investigation of alleged violations of human rights. States should ensure that such cooperative investigations are conducted so that any evidence and testimony acquired is admissible in national courts. 81. While it is important that private military and security companies be held accountable for their actions, it is equally important that victims be able to exercise their right to an effective remedy; this would include the right to access to mechanisms to provide compensation for wrongful deaths or injuries caused by private military and security companies, as well as rehabilitation for injuries sustained. V. Conclusions and recommendations 82. From its country visits, communications and consultations with Governments, non-governmental organizations, industry representatives and academic experts, the Working Group found that mercenary activities continue to have an adverse impact on the enjoyment of human rights. The increasing use of private military and security companies around the world and the lack of accountability for human rights violations in connection with their activities is of significant concern. In this regard, the Working Group is of the opinion that a binding international regulatory instrument, such as an international convention, is essential to ensure accountability for human rights and an effective remedy for victims. 83. The problem of mercenaries remains a relevant and important consideration. Recent events have proven that, whether they are utilized to overthrow Governments or employed by Governments to suppress dissent, mercenaries continue to pose a risk to human rights and to the right of peoples to self-determination. In this regard, the Working Group is concerned by the fact that only 32 States are parties to the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, and therefore makes the following recommendations: (a) All States should condemn and take steps to combat the use of mercenaries on their territories and to prevent the recruitment of their nationals as mercenaries, including through the adoption of appropriate legislation and policies; (b) Those States that have signed but not ratified the International Convention against the Recruitment, Use, Financing and Training of Mercenaries 18

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