A/HRC/42/42/Add.1
VII. Conclusions and recommendations
105. The Working Group remains concerned about the ongoing activities of armed
actors affecting the country, including mercenaries and foreign fighters. Unless the
conflicts in the region and neighbouring countries are resolved, the risk of
destabilization in Chad will always exist. Furthermore, the combination of weak State
institutions, dire poverty and transborder criminal activities provides fertile ground for
mercenarism and foreign fighter activities to thrive. In that regard, the Working Group
makes the following recommendations, intended to complement the important
initiatives mentioned throughout the present report.
106.
The Working Group recommends that the Government of Chad:
(a)
Accede to the International Convention against the Recruitment, Use,
Financing and Training of Mercenaries, as this makes participation in mercenary
activities an offence of mandatory universal jurisdiction, which means that an offender
must, unless extradited, be tried by any State in which he or she is found;
(b)
Accede to the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment;
(c)
Strengthen efforts under existing international regional frameworks to
assist with investigations, exchange of information and mutual legal assistance in the
investigation and prosecution of mercenaries, foreign fighters and armed elements;
(d)
Enforce robust border management with neighbouring countries and
develop stronger cooperation to combat transnational criminal activities, including
those carried out by mercenaries, foreign fighters and armed groups and the trafficking
of illicit drugs, arms and other weapons and persons.
(e)
Prioritize and strengthen the protection of civilians in conflict areas, such
as the Lake Chad region, and where insurgencies are occurring;
(f)
Strengthen protection for communities at risk of violence from communal
clashes with pastoralists;
(g)
Strengthen protection in internally displaced camps and refugee camps
against the recruitment of individuals to armed groups and against sexual and genderbased violence and human rights violations against residents;
(h)
Continue efforts to eliminate the recruitment of children into armed
groups and to reintegrate them into society and to identify, rehabilitate and reintegrate
children who were recruited to or associated with armed groups;
(i)
Provide support to strengthen rehabilitation, psychosocial support and
integration measures for victims of armed elements, including those who were
associated with armed groups but who have surrendered or repented;
(j) Develop policies to combat sexual and gender-based violence wherever it
exists, and provide the necessary support and care for victims, particularly women and
girls;
(k)
Bring perpetrators of human rights violations, including mercenaries and
foreign fighters, to justice and set up remedy and reparation mechanisms for victims;
(l)
Train and build the capacity of the judiciary and judicial officers,
including in the area of human rights, in order to combat impunity for human rights
violations;
(m) Ensure that suspects who are alleged to be terrorists or armed actors are
tried in accordance with international human rights standards. Due process and fair
trial guarantees must be respected;
(n)
Ensure that human rights violations are properly recorded in
documentation that can be used for the prosecution of perpetrators;
17
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