A/HRC/4/42
page 2
Summary
The Working Group on the use of mercenaries as a means of violating human rights and
impeding the exercise of the rights of peoples to self-determination was established in July 2005
pursuant to Commission on Human Rights resolution 2005/2, and its mandate is continued
pursuant to Human Rights Council decision 1/102.
The Working Group is composed of Ms. Najat Al-Hajjaji (Libyan Arab Jamahiriya),
Ms. Amada Benavides de Pérez (Colombia), Mr. José Luis Gómez del Prado (Spain),
Mr. Alexander Nikitin (Russian Federation) and Ms. Shaista Shameem (Fiji).
Ms. Amada Benavides de Pérez served as Chairperson-Rapporteur throughout 2006.
The present report is presented in accordance with the terms of the resolutions requesting
that the Working Group report annually to the Human Rights Council on the progress made in
the fulfilment of its mandate.
The first part of the report provides an overview of the activities undertaken, including
country visits by the Working Group to Honduras and Ecuador (see also A/HRC/4/42/Add.1-2),
and extracts from communications sent and responses received from Governments.
Correspondence and consultations with intergovernmental and non-governmental organizations,
and other actors, are also reflected.
In accordance with relevant resolutions concerning the Working Group, it devotes part
of the report to identifying and studying the effects of the activities of mercenaries and
mercenary-related activities in different parts of the world, demonstrating the variety of
situations and contemporary manifestations of mercenarism (chap. II on country situations). The
Working Group elaborates on the theme of the State as the primary holder of the use of force,
also in light of the effects of the activities of private military and private security companies on
the enjoyment of human rights (chap. III, thematic issue). In this chapter, the Working Group
provides an overview of normative developments, notably the status of the International
Convention against the Recruitment, Use, Financing and Training of Mercenaries, to which it
welcomed the deposit by the Republic of Moldova of its instrument of accession to become the
twenty-eighth State party (chap. IV on national, regional and international legislation/status of
the Convention). The Working Group further describes its envisioned future activities, notably a
process of regional round tables, hosted by States which have indicated their interest, leading to a
global round table, and the establishment of an academic network (chap. V).
The final chapter provides the conclusions and recommendations of the Working Group,
noting the phenomenon of individuals recruited by private military and private security
companies (PMSCs) to perform military services in armed conflicts, and a number of pertinent
human rights issues concerned. The Working Group recommends, inter alia, that member States
support the process of regional round tables and enable the Working Group to meet for three
sessions annually (chap. VI).
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