A/HRC/18/32
IV. Key challenges
58.
Since its establishment in 2005, the Working Group has gained a deeper
understanding of the impact of mercenary activities on the enjoyment of human rights. It
has also been able to undertake significant research and analysis to address the rising
phenomenon of private military and security companies operating around the world. In
many cases, the question of accountability for human rights violations was the most
prominent concern. In this regard, the Working Group’s research and consultations with
various stakeholders demonstrate that several key challenges remain.
A.
Mercenaries: a recurring and evolving phenomenon
59.
As the attempted coup by mercenaries in Equatorial Guinea in 2004 made clear,7
mercenaries remain active in many parts of the world, with devastating effects on human
rights and the right of peoples to self-determination.
60.
Recently, the phenomenon of mercenarism has seen a trend whereby rather than
being hired to overthrow or undermine Governments, mercenaries have been employed by
some Governments to suppress opposition movements. For instance, in the Libyan Arab
Jamahiriya, the Government allegedly recruited African and other mercenaries to violently
suppress peaceful demonstrations. As Government efforts to quash political protests have
become an armed campaign to put down an opposition movement, it could be argued that
mercenaries used by the Government and implicated in human rights violations are
impeding the exercise of the right of the people to self-determination. Such mercenary
activities to support Government action against civilians demonstrate that mercenarism
remains a significant threat to human rights.
61.
In Côte d’Ivoire, there have been reports of the use of mercenaries by the
Government to protect itself from opposition movements and to suppress dissent. After
losing the presidential election of 28 November 2010, the former President refused to leave
office and allegedly hired Liberian mercenaries to maintain control of the country and to
attack supporters of the newly-elected President. These mercenaries are reported to have
been implicated in the killings of hundreds of civilians and, insofar as they were involved in
supporting Government efforts to bypass the results of democratic elections, impeded the
right of the people to self-determination.
62.
The above recent examples highlight the importance of combating mercenarism and
mercenary-related activities. In this regard, the Working Group urges States to adopt
national legislation to combat mercenarism and to ratify the International Convention
against the Recruitment, Use, Financing and Training of Mercenaries.
B. Developing an international regulatory framework for private
military and security companies
63.
Owing to the increasing use of private military and security companies by some
Governments, a number of States are of the opinion that it is necessary to develop an
international regulatory framework to regulate these companies and have begun discussions
on the subject in the above-mentioned intergovernmental working group.
64.
In the process of consulting with various stakeholders with regard to private military
and security companies, the Working Group has identified the existence of a regulatory gap
7
14
See A/HRC/18/32/Add. 2.
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