This agenda sets out the course of events for the first meeting of the UN open-ended intergovernmental working group to consider the possibility of elaborating an international regulatory framework on the regulation, monitoring and oversight of the activities of private military and security companies.

This Draft Convention to regulate the activities of PMSCs was prepared by the UN Working Group on the Use of Mercenaries, and in 2011 came under consideration by a newly-formed open-ended intergovernmental working group to consider the possibility of elaborating an international regulatory framework on the regulation, monitoring and oversight of the activities of private military and security companies.

Mr. Alexander Nikitin discussed the regulation of PMSCs activities at the national and regional levels. He referred to national regulation in a number of countries, and at the regional level, he mentioned, among others, the Organization of African States Convention on the Elimination of Mercenarism in Africa, as well as the model law adopted in the context of the Commonwealth of Independent States, and recommendations on the democratic control of security forces in the context of the Council of Europe. He concluded that the existing regulation of PMSCs at the national, regional and international levels remains insufficient and inadequate. 

Ms. Amada Benavides de Perez discussed PMSCs in the Latin American context, where the growth in the number of security companies has led to an increase in the use of lethal force, the number of weapons in circulation, and the number of private security officers in comparison to national police officers. She discussed elements of proposed international and national regulation of PMSCs, including a definition of the type of services that PMSCs can offer; clarification of the relationship between PMSCs and national forces; the obligation for PMSCs to respect human rights; and the establishment of a system of accountability for the activities of PMSCs and their personnel. 

This report, titled “Why we need an International Convention on Private Military and Security Companies (PMSCs),” was submitted to the UN open-ended intergovernmental working group to consider the possibility of elaborating an international regulatory framework on the regulation, monitoring and oversight of the activities of private military and security companies at its first session. It states that self-regulation, current national laws, and international law are all insufficient and do not effectively regulate PMSC activity.

This document from the World Federation of Trade Unions announces their position in support of improved regulation of private security companies. The WFTU describes the current deficiencies in regulating PMSCs and the challenge they present to state power and sovereignty across the globe.

In its statement, the ICJ expressed its support for the opening of inter-governmental discussions about the possibility of elaborating an international regulatory framework for PMSCs, and rejected the argument made by some actors that self-regulation by companies is sufficient in the military, security and policing sector. 

In its statement, Human Rights First took no position on the advisability of the draft convention under consideration by the open-ended working group. It instead expresses its concern that states claim the existing framework is adequate, but then use the same legal framework to deny victims of abuse any meaningful remedies.

Mr. del Prado referred to the main elements of the draft convention prepared by the Working Group on the Use of Mercenaries. He explained the structure of the draft convention, noting that among other things, the draft convention defines which functions of states cannot be outsourced. He also explained the rationale and functioning of an international committee on the regulation, oversight and monitoring of PMSCs.

UNICEF recalled that since June 2010 it has been leading an initiative to develop a set of principles for business on children’s rights. These principles call on businesses to respect and support children’s rights and to avoid complicity in children’s rights abuses. They are also relevant to the activities of private security companies, especially with regard to how companies understand, prevent and address any negative impact of their activities on children. 

In her presentation, Ms. Amada Benavides elaborated on individual cases that had been brought to the attention of the Working Group on the Use of Mercenaries in relation to accountability of PMSCs. She also discussed how the Montreux Document requires that contracting, territorial and home states enact legislation to sanction violations of international humanitarian law and bring to justice members of the PMSCs that committed other crimes under international law. 

Anne-Marie Buzatu identified the key challenges to the regulation of the activities of private security companies. Among those, she mentioned the lack of coherent international standards, democratic and state responsibility deficits and lack of independent oversight and effective accountability mechanisms. Ms. Buzatu discussed the International Code of Conduct for Private Security Service Providers, the result of a multi-stakeholder process that sets out obligations and operational standards for private security service providers based on international human rights law. 

Mr. Nikitin explained that the main principles and elements underlying the draft convention were that states should establish a system of registration for PMSCs that is separate from regular businesses and that they should prohibit the registration of PMSCs off-shore zones. The proposed convention would also create a United Nations based international register for PMSCs and would seek to apply the experience acquired in the context of the UN Register for Conventional Arms. 

This report summarizes the first meeting of the UN open-ended intergovernmental working group to consider the possibility of elaborating an international regulatory framework on the regulation, monitoring and oversight of the activities of private military and security companies. It discusses presentations and discussions on the law and practice in relation to PMSCs; the elements of an international regulatory framework of activities of PMSCs; and accountability and right to an effective remedy for victims.

In this paper from the Working Group on the Use of Mercenaries, the WG argues that an international convention is the best method for regulating the use of PMSCs. The paper outlines the Working Group's reasons for advocating an international convention, including the conceptual and practical problems of other possible solutions that led the Working Group to their conclusion. 

In this statement, the US delegation expresses its support for the Montreux Document and the International Code of Conduct. In addition, they think there remains room to discuss additional measures that could be taken to reduce the risk of, or ensure accountability for, human rights related impacts of PSC or PMC activity, including under the auspices of the Human Rights Council. But they add that any such discussion should complement the Montreux Document and the Code.

In this submission to the second session, James Cockayne asks and answers a simple question: “is a single international, legally binding instrument the way to achieve that enforcement [of PSCs]?” The paper recommends that the open ended working group use the Guiding Principles on Business and Human Rights as its framework for developing legally binding instruments for regulating the private security industry, as opposed to other initiatives like the Working Group on Mercenaries draft convention or the Montreux Document.

In this statement, the Norwegian delegation notes that it is imperative that the activities of PMSCs are properly regulated. However, Norway cautions against discussing this issue with the exclusive goal of elaborating a legally binding instrument. Rather, it suggests that the working Group should also consider other ways of regulating the activities of PMSCs. 

The submission from the ICJ identifies the nature and scope of the human rights issues that emerge from PMSCs activities and assesses the extent to which the existing international regulatory framework provides sufficient answers to those challenges. It also outlines a position about the form and content that a new international instrument should take to address those problems.

In this presentation to the second session, Nils Melzer outlines the essential aspects of the Montreux Document, the ICOC, and the objectives of the ICOC's Temporary Steering Committee. 

In this report, the Open Ended Working Group relates the events of the meeting of 13-17 August 2012. The Working Group discussed the possibility of a binding instrument to govern private security services, but did not come to a consensus. The meeting also elaborated the self-regulation mechanisms available and the necessity of creating a clear delineation between PMSC and mercenary. 

The draft report recommends to the Human Rights Council the continuation of the discussions for a further two year period.

This report, generated after the Working Group's second session was used as a pre-session document for the third session as many of the issues discussed in previous sessions were reiterated in the third. In this report, the Open Ended Working Group relates the events of the meeting of 13-17 August 2012. The Working Group discussed the possibility of a binding instrument to govern private security services, but did not come to a consensus. The meeting also elaborated the self-regulation mechanisms available and the necessity of creating a clear delineation between PMSC and mercenary. 

This document summarizes the third session of the open-ended intergovernmental working group on PMSCs, which was attended by representatives of 60 countries.  The Group discussed developments since the second session, including regulatory gaps at national and international levels, the expansion of the International Code of Conduct, and updating of the Montreux Document.  The third session consisted mostly of discussions around consideration of human rights and the activities of PMSCs.  Members spoke on national registration, licensure, and contracting of PMSCs as well as accountability and assistance for victims. The possibility of an international regulatory framework, including standards or a legally binding law, was also debated.