A/HRC/42/42/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 mission to Chad
I. Introduction
1.
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 visited Chad from 16
to 23 April 2018 at the invitation of the Government. The delegation comprised two members
of the Working Group, Patricia Arias and Saeed Mokbil. They were accompanied by staff of
the Office of the United Nations High Commissioner for Human Rights.
2.
In accordance with Commission on Human Rights resolution 2005/2 and Human
Rights Council resolution 33/4, the Working Group is mandated to study and identify
sources, causes, manifestations and trends with regard to mercenaries and mercenary-related
activities, and their impact on human rights, particularly on the right to self-determination.
The Working Group is also mandated to monitor the activities of private military and security
companies and their effects on human rights.
3.
Since 2014, the Working Group has explored the linkages between the phenomena of
foreign fighters and of mercenaries, and their impact on human rights. It has undertaken visits
to several countries to assess these phenomena and has since issued reports in which foreign
fighters were identified as mercenary-related actors, where the motivation to engage in armed
conflict was for financial or material gain.
4.
The delegation held meetings in N’Djamena and was able to visit refugees and
returnees in the Gaoui camp. Meetings were also held with various government authorities,
including the minister responsible for justice and human rights, the minister responsible for
foreign affairs, the minister responsible for defence, the minister for the interior, the minister
responsible for women, the family and national solidarity and the minister in charge of
reforms. The Working Group also met with members of the diplomatic corps, representatives
of United Nations offices, civil society organizations, lawyers and prosecutors, and victims
of human rights violations. The delegation sincerely thanks all the interlocutors it met during
the visit.
5.
The Working Group reiterates its gratitude to the Government for the invitation to
visit the country. It is also grateful to colleagues at the United Nations Development
Programme and the Office of the United Nations High Commissioner for Human Rights in
Chad for their valuable support during the organization and conduct of the visit.
A.
Definition and scope
6.
A mercenary is defined in the International Convention against the Recruitment, Use,
Financing and Training of Mercenaries as someone who is specially recruited locally or
abroad in order to fight in an armed conflict, is motivated essentially to take part in hostilities
by a desire for private gain, and is promised, by or on behalf of a party to the conflict, material
compensation substantially in excess of that promised or paid to combatants of similar rank
and functions in the armed forces of that party. A mercenary is neither a national of a party
to the conflict, nor a resident of the territory controlled by a party to the conflict, is not a
member of the armed forces of a party to the conflict, and has not been sent by a State which
is not a party to the conflict on official duty as a member of its armed forces.
7.
There is no international legal definition for foreign fighters, nor any specific legal
regime governing them. The Working Group has noted that the term “foreign fighters” is
generally understood to refer to individuals who leave their country of origin or habitual
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