A/HRC/39/49
I. Introduction
1.
The present report is submitted pursuant to Commission on Human Rights
resolution 2005/2, in which the Commission established the mandate of the Working
Group, and Human Rights Council resolution 33/4, in which the Council further renewed
the mandate. The report covers the activities of the Working Group on the use of
mercenaries as a means of violating human rights and impeding the exercise of the right of
peoples to self-determination since its previous report to the Human Rights Council
(A/HRC/36/47). These include regular sessions, country visits and other activities of the
members during the reporting period.
2.
In addition, the present report contains the outcome of a study of the Working Group
on the phenomenon of the recruitment and use of children by non-State armed groups,
including mercenaries and private military and security companies.
3.
The Working Group is mandated by the Human Rights Council to monitor and study
the effects of mercenaries and mercenary-related activities as well as the impact of the
activities of private military and security companies on the enjoyment of human rights. In
past years, the Working Group has conducted various types of research and studies to
assess the linkages between mercenarism and foreign fighters, devoting attention to the
human rights impact of these activities; recruitment practices; and motivational factors,
particularly economic or financial gains, that draw foreign fighters into engaging in armed
conflict. The findings of the Working Group on these topics were elaborated in its past
reports to the Human Rights Council and the General Assembly.1 The Working Group has
found similarities and linkages between mercenarism and the foreign fighter phenomenon
that justify classifying the latter as a mercenary-like activity.
4.
Through its various official country visits, the Working Group has had the
opportunity to assess closely the situations in which mercenaries, foreign fighters and
private military and security companies operate. Among the issues identified during these
visits, the Working Group is particularly concerned by the widespread phenomenon of
recruitment and use of children by non-State armed groups, including foreign fighters,
either to actively participate in hostilities or to provide direct support. In its visit to Côte
d’Ivoire, the Working Group found that children who were exposed to a culture of violence
and subsequently engaged in criminal activities as a result were also susceptible to being
recruited as combatants. Some of those children later became mercenaries or joined
criminal gangs (see A/HRC/30/34/Add.1, para. 54). In the Central African Republic, the
Working Group found that some children who had been connected with armed groups later
joined armed rebellions in neighbouring countries as foreign fighters (see
A/HRC/36/47/Add.1, para. 57).
5.
As part of the above-mentioned study, on 30 November 2017, the Working Group
held a private expert consultation in Geneva to collect and discuss information. In the
present report, the Working Group presents the outcome of the study. The report sets out
the relevant international legal framework and complementary non-binding initiatives. It
explores the associated motivational factors that result in children being associated with
non-State armed groups. The report provides an analysis of the human rights impact of this
phenomenon, including from a gender perspective. It also discusses issues related to the
alleged recruitment of former child soldiers by private military and security companies.
Following an examination of responses to the phenomenon, the report concludes with
recommendations for States and other relevant stakeholders.
1
See A/70/330, A/71/318, A/HRC/33/43/Add.1-3 and A/HRC/36/47/Add.1.
3
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