A report submitted to the General Assembly by the Working Group examines violations of human rights and humanitarian law perpetrated by private military and security companies, mercenaries and related actors at sea.
According to the report, private military and security companies, in particular, have been increasingly deployed at sea in recent years in direct response to the challenge of piracy across multiple geographic regions, and often in conjunction with public security actors.
The isolated nature of the marine environment and non-existent or weak regulatory frameworks create a situation where a lack of monitoring and supervision allows human rights abuses of seafarers by private security personnel to flourish.
Similarly, the employment rights of private security personnel themselves are also at considerable risk. However, responsibility for the violations is absent, the report warns.
The proliferation and weak regulation and management of weapons at sea are also a cause for concern.
Taking into account the above, the Working Group “urges States to guarantee adequate supervision and regulation of private military and security companies that operate in the maritime context and to guarantee that the victims of abuses at sea perpetrated by said actors have access to justice and an effective remedy. .”
Recommendations
The Working Group recommends that States:
- Adopt legislation to effectively regulate the maritime activities of private military and security companies, particularly in the areas of licensing; Registration; personnel background checks; the scope of permitted and prohibited activities; the use of force; and the management, transfer and use of firearms and other weapons (especially in the context of floating arsenals), taking into account the jurisdictional complexities of the maritime environment;
- Ensure effective monitoring and supervision of hybrid security operations at sea, as well as accountability. In particular, it must be made clear who exercises overall authority on board a ship, specifically in relation to the use of force and arrest and detention;
Investigate, prosecute and punish human rights violations committed by private military and security companies at sea and guarantee effective access to justice, accountability and reparation for victims; - Guarantee the creation of a comprehensive system to provide redress for violations perpetrated by private military and security companies at sea, in which administrative, legislative and other non-judicial mechanisms complement and support judicial mechanisms;
- Consider mutual cooperation to facilitate investigations and prosecution, including through legal assistance and extradition agreements, to ensure effective remedies;
- Adopt an international legally binding instrument on the activities of private military and security companies, addressing the provision of security both on land and at sea, to ensure consistent regulation at the national level, including rules on the proper prevention of human rights violations rights, the protection of victims, accountability and effective remedies;
- Ensure that private military and security companies and their personnel are subject to civil and criminal liability for human rights violations at sea; such civil and criminal liability must be judicially enforceable and not subject to state or other immunities;
- Consider adopting existing standards developed by multi-stakeholder initiatives on the provision of private military and security at sea, such as the Montreux Document Forum Working Group reference document on the use of private military and security companies in maritime security, entitled “Elements for a Maritime Interpretation of the Montreux Document”, in which said Working Group establishes good practices related to the contracting of private military and security maritime companies;
- Include human rights standards in maritime policies, registration and related documentation, including, for example, flag State registration and memorandums of understanding; When authorizing or licensing the use of private military and security companies in at sea, take the necessary steps to ensure that such companies are certified members of the International Code of Conduct Association and/or certified to ISO/PAS 28007-1:2015.
The Working Group recommends that private military and security companies operating at sea:
- Adopt clear policies and procedures on the use of force at sea, establishing the parameters for the proportionate use of force;
- Adopt clear policies and procedures on the management, transfer, storage and use of firearms and other weapons, especially in the context of floating arsenals;
- Adopt clear policies and procedures on the investigation and training of personnel, including training on the use of force, the use of weapons, and human rights and labor standards;
- Adopt clear policies and procedures that guarantee respect for human rights and labor standards;
- Ensure that there are grievance mechanisms at the corporate level that are accessible to the public, transparent, effective and compatible with human rights;
- Take the necessary steps to become a certified member of the International Code of Conduct Association and/or certified to ISO/PAS 28007-1:2015.
The Working Group makes the following recommendations to other actors:
- When contracting for the use of private military and security companies at sea, shipowners should ensure that the security company has clear policies and procedures on investigation and training; the use of force; the management, transfer, use and storage of weapons, especially floating arsenals; and human rights and labor standards;
- Shipowners must take the necessary steps to ensure that private military and security companies are certified members of the International Code of Conduct Association and/or certified to ISO/PAS 28007-1:2015;
- Regulators, multi-stakeholder initiatives and relevant industry associations should take the necessary steps to consider the specificities of private security provision in the maritime context when effectively addressing vetting and training; the use of force; the management, transfer, use and storage of weapons, especially floating arsenals; and human rights and labor standards.
Source: Safety4Sea & UN
