Right of peoples to self-determination 4 страница

X. Recommendations

110. In view of the conceptual advances and proposals that emerged from the first meeting of experts on mercenary activities, it is recommended that the General Assembly should express its satisfaction at the results obtained at the meeting and reaffirm its decision to request the Office of the United Nations High Commissioner for Human Rights to convene a second expert meeting pursuant to General Assembly resolution 54/151, so that the experts can deepen their analysis and formulate specific proposals for a legal definition of mercenaries and other related matters.

111. In view of the suggestions that emerged from the first expert meeting and the text of Commission on Human Rights resolution 2001/3, it is recommended that the Special Rapporteur should continue to study mercenary activities as a means of impeding the exercise of the right of peoples to self-determination but should also take into account other situations in which mercenaries are involved, including illicit trafficking, terrorism, the use of mercenaries by private security companies to intervene in the internal affairs of States and organized crime.

112. It is recommended that the General Assembly should reaffirm its full support for the self-determination of the African peoples and their right to live in peace, to benefit from the development that can result from the rational use of their own natural resources and to have their legitimate governments respected and stable, and in that regard it should condemn the mercenary activities frequently organized with the aim of undermining the rights of the African peoples.

113. It is also recommended that the General Assembly, to further respect for the sovereignty of the peoples of Africa and their right to peace, should alert States in which diamond-mining companies operate, diamond exchanges, associations of diamond merchants and all others involved in the illicit trade in diamonds and other precious stones to the evidence of unscrupulous business practices in the exploitation and sale of diamonds and the reports of their responsibility for the persistence of armed conflicts in Africa, with consequent violations of human rights and international humanitarian law. It is well known that mercenaries are involved in the illicit activities carried out by such firms.

114. Since mercenaries are also used in acts of terrorism, it is further recommended that the mercenary aspect should be reflected in United Nations analysis, follow-up and resolutions on terrorism. The same concern should be reflected in national legislation. The Special Rapporteur will keep abreast of developments in combating terrorism and coordinate with the United Nations bodies dealing with terrorism.

115. In view of the many ways in which mercenaries are used, it is recommended that special attention should be paid to combating their involvement in illicit arms trafficking, which serves to fuel and prolong armed conflicts. With his experience the mercenary agent enhances the frequency and volume of illicit arms deals. That being the case, more effort must be put into developing legal instruments to facilitate prosecution of that crime and mobilizing the political will of States to suppress that illicit traffic effectively.

116. It is a fact that more and more mercenaries are being hired by private security companies operating in the international market for deployment in armed conflicts, illicit trafficking and human rights violations. This situation underlines the need for regulation, prevention, control and oversight of such companies. The regulatory mechanisms must be set up through national legislation, in coordination with the United Nations and with its support.

117. In view of the changes in the mandate and the progress made towards a legal definition of mercenary, it is recommended that the General Assembly should instruct the Special Rapporteur, with the support of the second expert meeting, to propose a new definition, relating both to the mercenary and to the more complex phenomenon of mercenarism. The proposal should include a clear nationality criterion and a suggestion on the procedure to be followed for international adoption of a new definition.

118. Notwithstanding any progress in updating the definition of mercenary, the General Assembly should urge Member States to ratify or accede to the International Convention against the Recruitment, Use, Financing and Training of Mercenaries. The Convention is short only one ratification or accession for entry into force, which would facilitate the banning of such activities and create an international climate more favourable to self-determination and defence of human rights.

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