A/HRC/18/32
should do so as soon as possible, and those countries which are not yet party to the
Convention should consider acceding to it.
84.
The trend towards the privatization of many functions traditionally performed
by States, including military assistance operations, domestic security and policing,
poses an increasing risk to human rights. During its country visits, sessions and expert
meetings, the Working Group engaged in consultations with a range of stakeholders
to exchange views regarding the impact on human rights of private military and
security companies and approaches to effective regulation of their activities. The
Working Group found that insufficient attention is paid to the problems raised by the
activities of private military and security companies and that further research is
needed into the impact on human rights of their activities and effective regulatory
strategies. In this regard, the Working Group makes the following recommendations:
(a)
The Working Group welcomes efforts to clarify obligations under
international law and identify good practices, such as 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
industry self-regulation initiatives such as the International Code of Conduct for
Private Security Service Providers. However, the Working Group reiterates its view
that a comprehensive, legally binding international regulatory instrument is necessary
to ensure adequate protection of human rights. The Working Group therefore
encourages all States to study carefully the draft convention that it proposes and to
participate actively in the work of the intergovernmental working group established
by the Human Rights Council with a view to supporting the drafting of an
international instrument for the regulation of private military and security
companies;
(b)
States should adopt national legislation regulating private military and
security companies and should ensure its effective implementation. Such legislation
should, at a minimum, require licensing, registration, vetting, human rights training,
Government oversight and regular monitoring, and provide for civil and criminal
responsibility in the event of human rights violations;
(c)
States that contract private military and security companies should
ensure investigation and prosecution of violations of international human rights law
involving private military and security companies to guarantee accountability for
human rights violations and provide an effective remedy for victims.
85.
The Working Group makes the following general recommendations to States
regarding the performance of its mandate:
(a)
All States should continue to cooperate with the Working Group in the
fulfilment of its mandate by, inter alia, extending invitations to the Working Group to
visit and accepting the Working Group’s requests to conduct country visits;
(b)
States should consider carefully the allegation letters and urgent appeals
sent by the Working Group and endeavour to respond promptly, accurately and in
detail.
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