A/HRC/18/32
eliminating impunity. The Working Group suggested that Governments in countries where
private military and security companies operate investigate, disarm and prosecute any such
companies operating without the necessary licenses, and investigate all reported cases of
incidents involving casualties committed by them, to prosecute perpetrators and provide
victims with an effective remedy.
41.
The Working Group found that countries in which private military and security
companies were established also faced significant challenges in their efforts to ensure
accountability and to protect human rights in relation to the activities of such companies.
The Working Group found that some Governments had engaged with professional
associations representing the private military and security industry to develop good
practices. The Working Group exchanged views with these Governments regarding such
industry initiatives as codes of conduct. It shared ideas with the Governments regarding
means of improving the compliance of private military and security companies with
international humanitarian law and human rights norms. The Working Group highlighted
gaps in oversight and accountability and recommended the adoption of comprehensive
national legislation to ensure accountability for human rights violations and an effective
remedy for victims.
42.
During its visits to countries where private military and security companies
recruited, the Working Group found that recruitment of personnel by such companies took
several different forms. Governments shared their experiences of transnational private
military and security companies recruiting nationals to work abroad, as well as domestic
security companies hiring personnel to operate locally. The Working Group found that even
Governments with broad legislative frameworks addressing the domestic private security
industry fell short of similarly comprehensive regulation regarding the recruitment of their
nationals by private military and security companies to work abroad. The Working Group
noted with concern that countries where private military and security companies recruited,
contracted and trained nationals to work in conflict areas abroad lacked protections against
both contractual irregularities and the poor working conditions that their citizens often
encountered. In addition to strengthening and clarifying regulatory frameworks governing
the conduct of private military and security companies abroad, the Working Group
recommended the establishment of a complaint mechanism and urgent measures to protect
the human rights of company employees currently working in conflict areas.
43.
A number of requests for country visits did not receive a favourable response. The
Working Group encourages Governments to accept its requests to conduct country visits.
44.
The Working Group has attempted to hold follow-up consultations during its
sessions with the countries visited to discuss the implementation of its recommendations. It
held follow-up meetings with the permanent missions of Afghanistan, Ecuador, Fiji,
Honduras, Peru and the United States on its missions to these countries.
B.
Communications
45.
Since the Working Group was established, it has received a number of reports
alleging human rights violations involving mercenaries and private military and security
companies. The Working Group regularly sends communications to Governments
concerning individual allegations of human rights violations involving mercenaries and
private military and security companies.
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