A/HRC/30/47
they should be subject to regulation and be held accountable for any abuses committed. He
also conceded that some environments were particularly problematic owing to the absence
of the rule of law. He emphasized that, in order to avoid abuses, it was critical to vet and
train employees of private security companies, but also to make clients understand that they
bore responsibility for contracting reliable companies only.
50.
Mr. Gibson explained that floating armouries were placed in the Indian Ocean near
the routes of ships that required protection, and not as a way to circumvent control. He said
that those armouries fell under the jurisdiction of the flag State, but also expressed
sympathy for the view that in some of those States the regulatory frameworks were not
sufficiently robust. He refuted the suggestion that staff of maritime security companies
might find it easier to shoot first and ask questions later. He explained that companies
adhered to strict rules on the use of force that mandated proportionate and escalatory
measures, that experience had shown that the firing of warning shots was enough to deter
and avert pirate attacks, and that maritime security companies did not detain pirates. He
also stated that privately contracted armed security personnel on ships wore helmets fitted
with cameras to provide full visibility and accountability for their actions.
51.
With regard to the employment of South African citizens by private military and
security companies, Mr. Gibson agreed that South Africa should receive a considered
response on why there had so far been no commitment in the context of the Montreux
Document or the International Code of Conduct not to recruit South Africans in violation of
South African law. The representative of the International Code of Conduct Association
concurred with that view. With regard to the suggestion that private security companies
were not responding to allegations of human rights abuses, Mr. Gibson said the companies
he dealt with had grievance mechanisms embedded in their business models that enabled
thorough investigations to take place following an allegation of a human rights abuse. The
industry welcomed civil society and others bringing such allegations to the fore to enhance
the transparency and accountability of those investigations. In due course, oversight
mechanisms would also be in place under the auspices of the Association.
52.
One delegation described the International Code of Conduct as a gentlemen’s
agreement and the Association as a gentlemen’s association, and considered them
insufficient to protect victims of human rights abuses. Pointing out that the self-regulatory
system in the banking industry had proved insufficient, it was questioned whether selfregulation processes could be trusted and whether there was any experience with such
processes functioning satisfactorily. Mr. Gibson explained that, in his view, considerable
success had been achieved with voluntary regulation in the private security sector. In a
short time frame and with the industry as catalyst, two international standards recognized
by ISO had been developed and the Association had been created. However, Mr. Gibson
added that the industry would not be opposed to an international legally binding instrument,
with the critical proviso that it must create a genuinely level playing field at the global
level. If that were achieved, the industry would be fully supportive. Some delegations
commended Mr. Gibson for that statement, recalling their view that a global and binding
convention laying out the minimum standards was necessary.
C.
Specificities of regulating sea-based private security activities
53.
On 29 April 2015, senior researcher in international law at the University of Pretoria
Mr. Casey-Maslen presented some of the issues regarding the use of force by private
maritime security service providers, in particular with respect to counter-piracy operations
and how they might affect the possible international regulatory framework governing
private security companies. While the Security Council, in its resolution 1851 (2008),
referred to “applicable international humanitarian law”, counter-piracy operations and
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