A/HRC/45/9/Add.1
Annex
Report 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 on its visit to
Switzerland
I. Introduction
1.
Pursuant to Human Rights Council resolution 33/4,1 the Working Group conducted
an official visit to Switzerland from 13 to 17 May 2019, at the invitation of the
Government. The Working Group was represented by three of its members: Jelena Aparac,
Lilian Bobea and Sorcha MacLeod. They were accompanied by staff of the Office of the
United Nations High Commissioner for Human Rights.
2.
During the visit, the Working Group held meetings in Bern with representatives of
the executive, legislative and judicial branches at the federal level. The delegation met with
officials representing different divisions within the Federal Department of Foreign Affairs,
the Armed Forces Attorney General, federal prosecutors of the Office of the Attorney
General, and representatives of the Federal Office of Justice. The delegation also met with
an official of the State Secretariat for Migration, which facilitated a visit to the Federal
Asylum Centre of Kappelen in the Canton of Bern.
3.
At the cantonal level, the delegation held meetings with the Conference of Cantonal
Departments of Justice and Police, senior representatives of the Cantons of Geneva and
Zurich, including officials from the respective cantonal police services, and the Justice and
Public Security Committee of the cantonal parliament of Zurich. In Neuchatel, the Working
Group met the Commission of the Concordat on Private Security Companies of the Frenchspeaking Cantons.
4.
The Working Group wishes to thank the Swiss authorities at the federal and cantonal
levels for the excellent cooperation that they extended prior to, during and after the visit.
The delegation met and held open and frank discussions with State representatives on the
challenges faced and lessons learned.
5.
The delegation was also grateful for the rich and varied discussions during meetings
with non-governmental stakeholders. These included a member of the National Council;
representatives of non-governmental organizations, trade unions, and an industry
association; individuals working for companies providing private military and security
services or for companies whose operations depend heavily on private security; and a multistakeholder initiative on private military and security companies.
II. Background and context of the visit
6.
The purpose of the visit was to study the human rights impact of mercenaries and
mercenary-related activities on the one hand, and of the activities of private military and
security companies on the other hand. With regard to mercenaries, Switzerland is known
for its historic mercenary tradition that was abandoned in the nineteenth century, with the
institutionalization of neutrality as a principle of Swiss foreign policy which remains in
place today. The Pontifical Swiss Guard, however, is allowed to operate as the official
security force of Vatican City. Nevertheless, similarly to other European countries, the
question of its nationals joining foreign military entities re-emerged recently through the
phenomenon of foreign fighters, which the Working Group has defined as a mercenary-
1
2
In September 2019, the Human Rights Council adopted resolution 42/9 renewing the mandate of the
Working Group for a further three years.
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