A/HRC/18/32
immunity covers all contractors employed by the Government of the United States and
whether it is fully applied in Iraqi courts. In any case, the removal of immunity fails to
provide justice to those who were victims of serious human rights violations prior to 2009.
24.
Coalition Provisional Authority order 17 remains the legal basis for the regulation of
private military and security companies by the Government of Iraq. In the view of the
Working Group, this is not a firm basis for regulation. Iraq has introduced legislation
regulating security companies, which has been pending since 2008. The Working Group
urged the Government to adopt this legislation as a matter of priority. It also urged the
Government to remain vigilant and devote the necessary resources to ensure that security
companies – whether international or Iraqi – were stringently regulated and that they
respect the human rights of the Iraqi people. The full report and recommendations are
contained in an addendum to the present report (A/HRC/18/32/Add.4).
D. Participation in the intergovernmental working group on the
regulation of private military and security companies
25.
The Human Rights Council, in its resolution 15/26, established an open-ended
intergovernmental working group to consider the possibility of elaborating an international
regulatory framework, including, inter alia, the option of elaborating a legally binding
instrument on the regulation, monitoring and oversight of the activities of private military
and security companies, including their accountability, taking into consideration the
principles, main elements and draft text as proposed by the Working Group. In the
resolution, the Council also provides that members of the Working Group on the use of
mercenaries who were involved in the elaboration of the principles, main elements and
draft text for a possible convention should participate in the open-ended intergovernmental
working group as resource persons.
26.
Accordingly, the members of the Working Group on the use of mercenaries
participated as resource persons in the first session of the intergovernmental working group,
which was held in Geneva from 23 to 27 May 2011. Members of the Working Group on the
use of mercenaries made presentations on the law and practice in relation to private military
and security companies, national legislation and practices, the elements of an international
regulatory framework and accountability and the right to an effective remedy for victims.
E.
Other activities of the Working Group members
27.
The Chairperson-Rapporteur of the Working Group, Mr. Gómez del Prado, and Ms.
Benavides de Pérez participated in Forum 2010, an international cultural gathering, which
was held in Santiago de Compostela (Spain) from 4 to 15 December 2010. Ms. Benavides
de Pérez made a presentation at the World Forum on Education, Research and Culture of
Peace on the theme “Threats and challenges posed to the international community by the
privatization of security”.
28.
On 18 January 2011, the Chairperson-Rapporteur made a statement to the Advisory
Committee of the Human Rights Council on the occasion of the consideration of the
progress report on the right of peoples to peace. The drafting group of the Advisory
Committee proposed several provisions in the progress report regarding private military and
security companies, namely that (a) States should refrain from outsourcing inherently State
military and security functions to private contractors; and that (b) States should ensure that
private military and security companies, their personnel and any structures related to their
activities perform their respective functions under officially enacted laws consistent with
international human rights and humanitarian law.
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