ControlPMSC

The Internatonal Coalition to Control PMSC at UN

The Open-ended Inter-governmental working group to consider the possibility of elaborating an international regulatory framework on the activities of PMSCs (OEIWG) has submitted today the provisional report of its 2nd session. Among its conclusions and recommendations are the followings:

• To continue the discussion within the OEIWG. Despite certain fears that future discussions on the regulation of activities of PMSCs may be take out the Human rights Council agenda, this recommendation implies that the OEIWG will still be the forum next year -two sessions will be held- for discussing on a regulatory framework for PMSCs.

• Future considerations of the Human Rights aspects of this issue, such us the accountability and remedies for victims, the distinction between the activities of Private Military and Private Security companies, and overview of the existing national legislation. These are the main aspects of the military and security privatization phenomenon which States delegations have considered relevant to discuss further on the next sessions.

• And to further consider the possibility of an international regulatory framework, including the option of elaborating a legally binding instrument on the regulation of PMSC as well as other approaches, including international standards and the way in which they might interact to protect human rights. This recommendation should be considered a great achievement of the OEIWG and its search for consensus among the members. Though some States delegations –mainly EU, UK and the US- expressed their view as opposing to the necessity of an international binding instrument for regulate PMSC sector, they have agreed on keep on discussing the issue on regulatory avenues and particularly the possibility of the interaction with other non-binding, i.e. voluntary, instruments, such as the International Code of Conduct.
  

The International Coalition for the Control of PMSC, through their member “International organization for the Elimination of all forms of Racial Discrimination”, participated and played an active role during the event. The final report, which will be posted at the UN Human Rights Council website in the upcoming weeks, reflects the different points and topics raised by the members of our Coalition. Moreover, the International Coalition to Control PMSC will advance its strategy at the advocacy and research level, while strength their coalition with new members organizations. You will find more information about the future actions of the Control PMSC’s campaign at www.controlpmsc.org

During the Second UN Session of the Inter-governmental Working Group of the Human Rights Council for the possible regulation of the Private Military Security Companies sector, which started on August 13th of 2012 in Geneva, several issues and concerns has been arisen both by the states and by the civil society organizations. The international coalition for the control of PMSCs has been there and has taken in each topic’s discussion explaining and presenting our position, findings and recommendations.

Above all, it has emerged the need to elaborate common and effective mechanisms of oversight and control of PMSCs. In that sense, the accountability question was discussed: a comprehensive and powerful intervention was made by Mrs Patricia Feeney, the Director of the Organization Rights and Accountability in Development, which presented several cases of human rights violations and abuses committed by PMSCs, mainly in Africa. Mrs Feeney underlined the lack of a mechanism of reparation for the victims of such abuses.

During the session states reaffirmed their wills to reinforce and expand soft-law mechanisms such as the Montreux Document and the International Code of Conduct (ICOC), to go in depth in the discussion of the control PMSCs and renovate the mandate of the Working Group. Moreover, UK and US advocated to reinforce the national legislation and to rely more on the ICOC. Several states affirmed that the Draft Convention “could not be seen a panacea, and it has not to be considered as the only effective instruments”. However, it emerged the will to go in depth to the discussion for find a more comprehensive legal; framework for guaranteeing the best protection of Human Rights Law and international Humanitarian law.

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