A/HRC/18/32
claims by the companies that their employees are immune from jurisdiction and the general
weakness in capacity and rule of law in the countries where they operate further
compromise accountability.
79.
As a first step towards resolving these issues, States should adopt national
legislation that would allow their courts to exercise jurisdiction over their own nationals
and companies established in their territory and operating abroad. States should develop
mechanisms to facilitate reporting of human rights violations involving private military and
security companies by various stakeholders, including Governments, non-governmental
organizations, companies and victims. This information should be shared with the
Governments of home States and territorial States. Drawing from its experience of
conducting country missions, the Working Group believes it may be useful to establish
specific units responsible for the investigation and prosecution of violations of national law
by private military and security companies. Such units should be staffed by experienced
prosecutors and investigators and be adequately resourced.
80.
As evidence and witnesses are often located in a different jurisdiction, prosecutors
and investigators should have access to them or at least be able to benefit from the
cooperation of their counterparts in the relevant country. To this end, States could explore
means of international cooperation with a view to setting up coordination and cooperation
mechanisms for the investigation of alleged violations of human rights. States should
ensure that such cooperative investigations are conducted so that any evidence and
testimony acquired is admissible in national courts.
81.
While it is important that private military and security companies be held
accountable for their actions, it is equally important that victims be able to exercise their
right to an effective remedy; this would include the right to access to mechanisms to
provide compensation for wrongful deaths or injuries caused by private military and
security companies, as well as rehabilitation for injuries sustained.
V.
Conclusions and recommendations
82.
From its country visits, communications and consultations with Governments,
non-governmental organizations, industry representatives and academic experts, the
Working Group found that mercenary activities continue to have an adverse impact
on the enjoyment of human rights. The increasing use of private military and security
companies around the world and the lack of accountability for human rights
violations in connection with their activities is of significant concern. In this regard,
the Working Group is of the opinion that a binding international regulatory
instrument, such as an international convention, is essential to ensure accountability
for human rights and an effective remedy for victims.
83.
The problem of mercenaries remains a relevant and important consideration.
Recent events have proven that, whether they are utilized to overthrow Governments
or employed by Governments to suppress dissent, mercenaries continue to pose a risk
to human rights and to the right of peoples to self-determination. In this regard, the
Working Group is concerned by the fact that only 32 States are parties to the
International Convention against the Recruitment, Use, Financing and Training of
Mercenaries, and therefore makes the following recommendations:
(a)
All States should condemn and take steps to combat the use of
mercenaries on their territories and to prevent the recruitment of their nationals as
mercenaries, including through the adoption of appropriate legislation and policies;
(b)
Those States that have signed but not ratified the International
Convention against the Recruitment, Use, Financing and Training of Mercenaries
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