A/HRC/42/42/Add.1
African Charter on Human and Peoples’ Rights and the African Union Convention for the
Protection and Assistance of Internally Displaced Persons. Chad has ratified the Organization
of African Unity Convention for the elimination of mercenarism in Africa, but has yet to
ratify the International Convention against the Recruitment, Use, Financing and Training of
Mercenaries.
26.
In 2017, a specific provision was introduced into the Penal Code, criminalizing
mercenarism and making the offence punishable by 20 to 30 years of imprisonment. The
definition of mercenary included in the Code is similar to the international definition outlined
in paragraph 6 above. It outlines that a mercenary takes part in hostilities in order to obtain a
personal advantage or material remuneration, promised by a party to the conflict. The Code
also criminalizes the financing, equipping, training, promotion and supporting of mercenary
groups.
27.
Other laws that have a bearing in this area include a new anti-terrorism law, adopted
in 2015, which defined terrorist attacks in broad terms and ended the moratorium on the death
penalty that had been in place. The law also extended the duration of pretrial detention from
48 hours to 30 days. Also relevant is new legislation aimed at reforming and strengthening
the independence of the National Human Rights Commission, in line with the principles
relating to the status of national institutions for the promotion and protection of human rights
(the Paris Principles). Chad also adopted a law on civil status to provide certain legal
guarantees for persons born or living in Chad, including foreign nationals and refugees.
28.
The Government and the United Nations Children’s Fund (UNICEF) signed, in 2011,
a plan of action for children associated with armed groups, providing for exchanges of
information and for joint action to combat the recruitment of children in armed conflicts.
29.
Chad adopted a national development plan for the period 2017 to 2021, with the
objective of addressing human rights concerns in the country, promoting development and
reducing poverty. The plan is part of a wider initiative known as Vision 2030: The Chad We
Want, aimed at accelerating progress and development for Chad, with targets linked to the
Sustainable Development Goals.
30.
Regarding private military and security companies, Decree No. 637 of 1996 on the
regulation of the activities of private security companies does not permit company personnel
to carry arms. Chadian law does not refer specifically to private military companies.
II. Key findings
31.
The Working Group often faces difficulty in determining whether a person should be
considered as a mercenary under the criteria set out in international law. This is due to a
number of factors, including the recurrent challenge of obtaining specific, concrete and
verified data on the profile and motivations of such actors. In the absence of sufficient data,
the Working Group often refers to such individuals as “mercenary-related actors” or “foreign
fighters” where available information shows it probable that such actors engaged in armed
conflicts due to a variety of motivations, including, but not exclusively, for financial gain or
material incentives.
32.
The characteristics of foreign fighters and mercenaries are multifaceted and share
commonalities, including links to terrorism and participation in armed conflicts that may
negatively impact human rights, and to other criminal activities, including organized crime
and smuggling (A/70/330, para. 15).
33.
The multiple conflicts affecting Chad involve a complex mix of armed actors from
various countries. Some interlocutors referred to mercenaries, jihadists and terrorists
interchangeably. Others spoke of mercenaries as distinct from terrorists, and referred to
individuals who travelled to nearby conflicts primarily for payment or financial reward, such
as those who went to Libya (see para. 18 above). Thus in Chad, armed groups can be
composed of mercenaries that clearly fit the international definition as well as foreign
fighters, rebels, terrorists, members of militias, insurgents and members of other criminal
groups.
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