A/HRC/24/45
engaging with the Department of Safety and Security in order to contribute to the
development of a coherent, human rights-compliant policy framework for the procurement
and use of armed private security companies by the United Nations organs and bodies. On
28 August 2012, the Working Group provided comments on the draft Policy and Operation
Manuals, underlining the need effectively to mainstream human rights norms in these
documents. The Working Group recommended, inter alia, that the standards for the
selection of armed private security companies should be strengthened by requiring that the
company have a clean human rights record and carry out a human rights impact assessment.
E.
Engagement with the open-ended intergovernmental working group to
consider the possibility of elaborating an international regulatory
framework on the regulation, monitoring and oversight of the activities
of private military and security companies
12.
The Working Group made a submission to the second session of the open-ended
intergovernmental working group to consider the possibility of elaborating an international
regulatory framework on the regulation, monitoring and oversight of the activities of
private military and security companies, which took place from 13 to 17 August 2012. The
then Chairperson-Rapporteur of the Working Group, Ms. Patel, participated in the second
session as a resource person. Ms. Patel presented the Working Group’s view that an
international convention was the most efficient solution to the challenge of regulating
PMSCs, as international law in its current form does not prohibit the outsourcing of State
functions to PMSCs or clearly spell out the minimum content of States’ due diligence
obligations to ensure that PMSCs respect international humanitarian and human rights law.
Ms. Patel also pointed to the lack of adequate national legislation governing PMSCs and the
transnational nature of many PMSC activities as additional factors underscoring the need
for an international convention on PMSCs.
F.
Collecting information on individuals convicted of mercenary activities
13.
Human Rights Council resolution 21/8 requested the Working Group to “establish a
database of individuals convicted of mercenary activities” (para. 18). Pursuant to this
request, the Working Group sent a note verbale to all Member States on 22 January 2013
requesting information on cases of mercenaries convicted by national courts. A reminder of
this request was sent on 6 March 2013. At the time of writing, the Working Group had
received replies from the following 17 countries: Bahrain, Bosnia and Herzegovina, Cuba,
France, Germany, Ghana, Guatemala, Iraq, Mauritius, Montenegro, Poland, Russian
Federation, Serbia, Switzerland, Togo, Tunisia and Ukraine. Of these responses, Cuba,
France and Montenegro reported specific convictions, while others responded that there
were no cases of mercenaries or no relevant information owing to the absence of specific
legislation prohibiting mercenary activities.
G.
Other activities of the Working Group members
14.
From 6 to 8 September 2012, Ms. Patel participated in the 35th annual Round Table
on Current Issues of International Humanitarian Law organized by the International
Institute of Humanitarian Law in San Remo, Italy, where she provided an overview of the
Draft Convention on Private Military and Security Companies.
15.
On 21 September 2012, Mr. Rona participated in a civil society meeting on the draft
charter of the oversight mechanism for the International Code of Conduct for Private
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