A/HRC/18/32
effectiveness in protecting human rights and ensuring accountability for human rights
violations involving mercenaries and private military and security companies.
36.
The Working Group has undertaken visits to a broad range of countries in which the
activities of private military and security companies or mercenaries are reported, including
Afghanistan, Chile, Ecuador, Equatorial Guinea, Fiji, Honduras, Iraq, Peru, South Africa,
the United Kingdom and the United States of America. The Working Group wishes to
express its sincere gratitude to these Governments for having extended invitations and for
their cooperation during these country missions.
37.
The Working Group’s country visits were designed to examine the broadest possible
range of activities conducted by private military and security companies and mercenaries,
as well as the effects of these activities across most geographical regions. In its
investigation of mercenary activities, the Working Group visited Equatorial Guinea in 2010
to understand the circumstances surrounding the attempted coup by mercenaries in 2004
and the Government response. In its efforts to collect information and better understand
activities of private military and security companies and their impact on human rights, the
Working Group conducted country visits to Afghanistan and Iraq, in which companies of
this type operate. The Working Group also visited the United Kingdom, the United States
and South Africa, in which many private military and security companies are established, to
exchange views regarding the regulation of their activities and to discuss the need to ensure
accountability for human rights violations. Lastly, the Working Group conducted country
visits to Chile, Fiji, Honduras, Peru and South Africa, where private military and security
companies recruit personnel, to study the human rights impact of these activities.
38.
During its country visits, the Working Group made several important findings. With
regard to mercenaries, the Working Group found that national legislation and judicial
processes were not always effective in ensuring accountability for mercenary activities and
were not always conducted in line with international human rights standards. The Working
Group recommended that accused mercenaries should be tried by a competent, independent
and impartial tribunal and in compliance with international human rights standards. It also
found evidence of disturbing links between mercenaries and some private military and
security companies, making the monitoring of the activities of these companies and their
employees all the more necessary. The Working Group urged Governments to consider
acceding to the International Convention against the Recruitment, Use, Financing and
Training of Mercenaries as a matter of priority.
39.
With regard to private military and security companies, the Working Group found
that many States did not have national legislation regulating the activities of such
companies and their employees. In countries with national legislation in place regulating
the private military and security industry, the Working Group found gaps in regulatory
frameworks and discussed the importance of revising legislation or adopting new
legislation to clarify and strengthen domestic regulations to ensure accountability for
human rights violations.
40.
In countries where private military and security companies operate, the Working
Group found several challenges in holding the companies accountable for possible human
rights violations. The Working Group discussed various approaches to ensuring
accountability and protecting human rights in connection with the activities of such
companies. It exchanged views with the Governments concerned in an effort to identify
gaps in national legislation and recommended continuing efforts to develop national legal
frameworks to ensure accountability for private military and security companies and an
effective remedy for victims of human rights violations. Where such companies are
required to obtain licenses, the Working Group discussed the need for oversight
mechanisms to continue monitoring their activities even after they have received the
appropriate licenses. The Working Group recommended the establishment of an
independent mechanism to which the local population could submit complaints about
violations of human rights by private military and security companies as a step towards
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