A/HRC/4/42
page 24
Working Group notes that unemployment, underemployment and the precariousness of
the conditions in the origin countries, invite some individuals to take these employments in
spite of the excessive risks.
74.
In order to clarify what the international community will accept as State
responsibilities in this regard, States are encouraged to hold a round table, preceded by
regional preparatory round tables, to reach a policy decision on the fundamental question
regarding the monopoly by the State of the use of force. Such a round table could also
serve to elucidate which controls are needed to allow PMSCs to carry out activities where
the use of force is necessary.
75.
The Working Group will continue to monitor a number of situations which are
relevant to all aspects of its mandate, including countries used as sites for the recruitment,
use, financing and training of individuals to serve in PMSCs domestically or abroad.
While the initial focus of the Working Group has been to visit countries where subsidiaries
of foreign-registered PMSCs were recruiting employees, the focus of the Working Group is
expected to evolve to enable a comprehensive assessment of the issues pertaining to its
mandate.
76.
To this end, the Working Group issues the following recommendations:
− The Working Group calls upon all States that have no yet done so to consider
taking the necessary action to accede to or ratify the International Convention
against the Recruitment, Use, Financing and Training of Mercenaries (entered
in force in 2001). It encourages States parties to introduce national level
legislation against mercenarism, through introducing and adopting specific
provisions in the national criminal codes, or to introduce separate legislation on
mercenaries. The Working Group also invites Member States to consider also
regional standards for possible incorporation in domestic legislation, notably
where such instruments are adopted by subregional organizations, as is the case
with African Union, the Commonwealth of Independent States and the
Economic Community of West African States;
− The Working Group recommends the urgent need to embark on a process of
determining the future of the monopoly of States on the use of force, and
suggests a process of regional preparatory round tables during 2007 to lead to a
global round table in 2008;
− The Working Group urges States to meet the challenge of regulating and
attributing the responsibility that arises from the structure and transnational
nature of the PMSC industry and its global reach, as well as the exponential
growth of the numbers and activities of PMSCs in different regions. To this end,
the Working Group urges States to avoid granting blanket immunity, leading to
effective impunity, to PMSCs and their personnel;
− The Working Group recommends thresholds of permissible activities, enhanced
regulation and oversight of PMSCs at the national levels, including the
establishment of regulatory systems of registration and licensing of PMSCs and
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