General Statement by India in the Fifth Session of the Open-ended intergovernmental working group (IGWG) [15-19 April 2024] to elaborate the content of an international regulatory framework, without prejudging the nature thereof, relating to the activities of Private Military and Security Companies delivered by Mr. K.S. Mohammed Hussain, First Secretary (Legal), Permanent Mission of India, Geneva, on 15 April 2024

Mr. Chair,

          My delegation would like to join others in congratulating you on your  (re)election as the Chair-Rapporteur of this Session. We also commend your efforts in presenting the revised third draft instrument of an international regulatory framework, on the regulation, monitoring of and oversight over the activities of Private Military and Security Companies (PMSCs).

Mr. Chair,

2. In the recent years, the international community has witnessed unprecedented proliferation of PMSCs around the world. These companies are providing a wide range of services to States and to non-State actors including UN and other international organisations.  The scope of the activities relating to PMSCs has developed in a context which is broad and complex, including the risk involving civilians in hostilities. 

3. My delegation believes that “private military’ and ‘private security’ are two distinct concepts and denote two different connotations. In both the cases, State is the sole legitimate authority to provide security to the people and their property. However, existing law and jurisprudence at international level remind us that there are efforts to establish some mechanisms for holding PMSCs accountable and to ensure effective remedies for the victims.

4. India has enacted the Private Security Agencies (Regulation) Act,2005 and the Central Model Rules, 2020 which provide guidelines for the regulation of this growing industry such aslicensing norms and training requirements for the guards. All private securityagencies have to be licensed under this Act. License for firearms is issued toindividual security personnel and not to private security agencies. The rationalefor issuing licenses to individuals is to hold them accountable in the event of anymis-happening. It is hoped that promotion on the one hand and ensuringaccountability on the other will lead to an efficient and effective private securitysector. In this context, my delegation believes that this sector needs to be madeaccountable to the State. However, national legislation have limitations toaddress the activities of PMSCs whose activities are transnational in character.

5. At international level, existing frameworks remind us that thereare gaps in international law particularly in establishing proper mechanisms foraccountability and effective remedies for the victims.

Mr. Chair,

6. Previous discussions had demonstrated that a number of issues would require further clarification and better understandingof, gaps in international law relating to accountability, redressal of grievances and compensation for the victims. We share the common goal identified in our deliberations, i.e. the goal of protecting human rights in the context of PMSC activities, and ensuring accountability for abuses wherever occurred. We look forward to working with you constructively in realising the mandate.

Thank you, Mr. Chair.

****