A/HRC/30/47
with actors in challenging security environments. In response, the Under-Secretary-General
mentioned close collaboration with States and referred to a colloquium in June 2015 to
share experiences, including on delivery of security. He also clarified that the United
Nations employed private security companies and not private military companies. Finally,
he pointed out that the United Nations collaborated with international non-governmental
organizations in complex and challenging security environments, including in the Syrian
Arab Republic and Yemen.
IV. Concluding remarks
76.
On 1 May 2015, the Chair-Rapporteur thanked the delegations and expressed
gratitude to the experts for their excellent contributions. He mentioned the increased
use of private military and security companies in various sectors and contexts, both on
land and at sea. Specific challenges discussed included: jurisdiction issues linked to
“flags of convenience”; weapons storage in the context of “floating armouries” in
international waters, including possible circumvention of national laws limiting the
import and export of weapons; ensuring that private military and security companies
respected applicable national legislation; and challenges relating to international
cooperation in legal matters, in particular mutual legal assistance.
77.
The Chair-Rapporteur suggested that the open-ended intergovernmental
working group consider including the following text as part of its conclusions and
recommendations:
[Paragraph 1] The intergovernmental working group noted the multifaceted
and diverse issues raised throughout its third and fourth sessions. These
included: the distinction between the activities of private military companies
and private security companies; measures for registering, licensing and
contracting private military and security companies; ensuring accountability
and provision of assistance and remedies for victims; possibility of an
international regulatory framework; specificities of regulating sea-based
private security activities; and the use of private security companies by the
United Nations. The intergovernmental working group noted the initiatives
undertaken by various stakeholders relating to those issues, while highlighting
the challenges that remain.
[Paragraph 2] Different views were offered as to how to achieve the shared goal
of protecting human rights and ensuring accountability for violations and
abuses relating to the activities of private military and security companies.
Some delegations proposed that the intergovernmental working group begin
elaborating a legally binding instrument for the regulation, monitoring and
oversight of private military and security companies, and submitted elements of
a draft convention for the consideration of the intergovernmental working
group. Other delegations proposed the consideration of the range of options to
be explored to further develop an international regulatory framework,
including international standards setting and development of guidelines,
possibly actions plans or model laws, contract templates based on the Montreux
Document, good practices and mutual legal assistance programmes.
[Paragraph 3] Taking account of Human Rights Council resolution 28/7 of 26
March 2015, the intergovernmental working group will continue its work on
the above-mentioned issues and also recommends further consideration of
human rights issues relating to, inter alia, (a) the operation of private military
and security companies in the maritime context; (b) the use of private military
20
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents