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4. The Working Group on the use of mercenaries held its second session at the United Nations Office at Geneva from 19 to 23 February 2007. It elected Mr. José Luis Gomez del Prado as its Chairperson-Rapporteur for the coming year. During the session, the Working Group held consultations with Member States, United Nations agencies and organs, including different divisions and branches of the Office of the United Nations High Commissioner for Human Rights (OHCHR), the International Labour Organization (ILO), the International Committee of the Red Cross (ICRC), regional and other intergovernmental organizations, non‑governmental organizations (NGOs), and an association of PMSCs.
5. A representative of ICRC continued dialogue with the Working Group on approaches of international humanitarian law, including the definition of mercenaries and the responsibilities of States with respect to PMSCs and their employees. The ICRC representative noted that few PMSC employees are regular combatants and members of armed forces, and they are thus civilians and lose protection under international humanitarian law when taking direct part in hostilities.
6. A consultation was held with ILO, and its representative informed the Working Group of relevant ILO legal instruments and mechanisms which could be useful to consider when identifying principles relating to PMSCs, including ILO Convention No. 181 on Private Employment Agencies and its accompanying recommendation No. 188.
7. Among consultations with a number of other institutions and NGOs, the Working Group held a dialogue with researchers from the Geneva Centre for the Democratic Control of Armed Forces (DCAF), and was informed about regulatory efforts of outsourcing military functions and comparative research on experiences in the United States of America and South Africa, and its effects on situations such as in Iraq and Afghanistan. The Business and Human Rights Resource Centre (BHRRC) presented information regarding PMSCs and impact of their activities on human rights, and has created a thematic section on this issue on the BHRRC website.[1]
8. The Working Group held a consultation with the International Peace Operations Association (IPOA), a trade association representing some 30 PMSCs. The representative noted the self-regulatory sets of voluntary codes of conduct developed within the industry, which in general would support also further regulation to bring certainty and protection to serious firms. The Working Group emphasized the need for licensing, regulating and monitoring of PMSCs at the national level and for PMSCs to operate in a legal framework consistent with human rights standards.
9. The Working Group considered a number of country situations. Following its deliberations, the Working Group decided to send letters of request, or renewed requests, to visit Afghanistan, Central African Republic, Chad, Equatorial Guinea, Fiji, Ghana, Iraq, Papua New Guinea, South Africa, United States of America and Zimbabwe. As to regulatory initiatives and in order to address newer forms of mercenarism and activities of PMSCs, the Working Group agreed in the short term to foster the ratification/accession of Member States to the existing International Convention against the Recruitment, Use, Financing and Training of Mercenaries and in the longer-term, to seek support for a process towards an additional protocol to the Convention. On 23 February 2007, the Working Group issued a press release upon concluding its second session.[2]
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