Use of mercenaries as a means of violating human rights and impeding
the exercise of the right of peoples to self-determination
A/RES/74/138
specific ban on such companies intervening in armed conflicts or actions to
destabilize constitutional regimes;
6.
Encourages States that import military assistance or consultancy and
security services provided by private companies to establish national regulatory
mechanisms for registering and licensing those companies in order to ensure that the
imported services provided by those private companies neither impe de the enjoyment
of human rights nor violate human rights in the recipient country;
7.
Emphasizes its utmost concern about the impact of the activities of private
military and security companies on the enjoyment of human rights, in particular when
operating in armed conflicts, and notes that private military and security companies
and their personnel are rarely held accountable for violations of human rights;
8.
Calls upon all States that have not yet done so to consider acceding to or
ratifying the International Convention against the Recruitment, Use, Financing and
Training of Mercenaries; 5
9.
Welcomes the cooperation extended by those countries that have received
a visit by the Working Group on the use of mercenaries since the establishment of its
mandate and the adoption by some States of national legislation that restricts the
recruitment, assembly, financing, training and transit of mercenaries;
10. Condemns recent mercenary activities in developing countries in various
parts of the world, in particular in areas of conflict, and the threat they pose to the
integrity of and respect for the constitutional order of those countries and the exercise
of the right of their peoples to self-determination, and stresses the importance for the
Working Group on the use of mercenaries of looking into sources and root causes, as
well as the political motivations of mercenaries and for mercenary -related activities;
11. Calls upon States to investigate the possibility of mercenary involvement
whenever and wherever criminal acts of a terrorist nature occur and to bring to trial
those found responsible or to consider their extradition, if so requested, in accordance
with national law and applicable bilateral or international treaties;
12. Condemns any form of impunity granted to perpetrators of mercenary
activities and to those responsible for the use, recruitment, financing and training of
mercenaries, and urges all States, in accordance with their obligations under
international law, to bring them, without distinction, to justice;
13. Calls upon Member States, in accordance with their obligations under
international law, to cooperate with and assist the judicial prosecution of those
accused of mercenary activities in transparent, open and fair tr ials;
14. Welcomes the decision by the Human Rights Council, in its resolution
42/9, 1 to renew for a period of three years the mandate of the Working Group on the
use of mercenaries for it to continue to undertake the tasks described by the Human
Rights Council in its resolution 7/21 of 28 March 2008 6 and in all other relevant
resolutions on the subject;
15. Requests the Working Group on the use of mercenaries and other experts
to continue their participation, including by submitting contributions, in other
subsidiary bodies of the Human Rights Council considering issues related to the use
of mercenaries and mercenary-related activities in all their forms and manifestations,
including private military and security companies;
__________________
5
6
19-22237
United Nations, Treaty Series, vol. 2163, No. 37789.
See Official Records of the General Assembly, Sixty-third Session, Supplement No. 53 (A/63/53),
chap. II, sect. A.
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