The use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination.

1987/16. The use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination

The Commission on Human Rights, Bearing in mind the need for strict observance of the principles of sovereign equality, political independence, territorial integrity of States and self-determination of peoples, enshrined in the Charter of the United Nations and developed in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, Reaffirming the legitimacy of the struggle of peoples and their liberation movements for their independence, territorial integrity, national unity and liberation from colonial domination, apartheid, foreign intervention and occupation and that their legitimate struggle can in no way be considered as or equated to mercenary activity, Deeply concerned about the increasing menace that the activities of mercenaries represent for all States, particularly those in southern Africa, Recognizing that mercenarism is a threat to international peace and security, Recognizing also that the activities of mercenaries are contrary to fundamental principles of international law, such as non-interference in the internal affairs of States, territorial integrity and independence, and seriously impede the process of self-determination of peoples struggling against colonialism, racism and apartheid and all forms of foreign domination, Recalling the resolutions of the General Assembly, particularly resolutions 1514 (XV) of 14 December 1960, 2395 (XXIII) of 29 November 1968, 2465 (XXIII) of 20 December 1968, 2548 (XXIV) of 11 December 1969, 2708 (XXV) of 14 December 1970, 3103 (XXVIII) of 12 December 1973, 34/140 of 14 December 1979, 40/74 of 11 December 1985 and 41/102 of 4 December 1986, in which the Assembly denounced the practice of using mercenaries, in particular against developing countries and national liberation movements, Recalling Security Council resolutions 239 (1967) of 10 July 1967, 405 (1977) of 14 April 1977, 419 (1977) of 24 November 1977, 496 (1981) of 15 December 1981 and 507 (1982) of 28 May 1982, in which the Council, inter alia, condemned any State which persisted in permitting or tolerating the recruitment of mercenaries, and the provision of facilities to them, with the objective of overthrowing the Governments of States Members of the United Nations, Recalling also its own resolution 1986/26 of 10 March 1986, in which it condemned the increased recruitment, financing, training, assembly, transit and use of mercenaries, as well as other forms of support to mercenaries, Reaffirming the decision in General Assembly resolution 32/130 of 16 December 1977 to accord priority to the search for solutions to the mass and flagrant violations of human rights of peoples and persons affected by situations such as those resulting, inter alia, from aggression and threats against national sovereignty, national unity and territorial integrity, Recalling the relevant resolutions of the organization of African Unity and the Convention adopted by the Assembly of Heads of State and Government of the Organization of African Unity at its fourteenth ordinary session, held at Libreville from 2 to 5 July 1977, condemning and outlawing mercenarism and its adverse effects on the independence and territorial integrity of African States, Deeply concerned at the loss of life, the substantial damage to property and the long-term negative effects on the economy of southern African countries resulting from mercenary aggressions, Strongly condemning the racist régime of South Africa for its increasing use of groups of armed mercenaries against national liberation movements and for the destabilization of the Governments of southern African States, Taking note of Economic and Social Council resolution 1986/43 of 23 May 1986, in which the Council urged the Commission on Human Rights to appoint a special rapporteur on the subject with a view to preparing a report for consideration at the forty-fourth session of the Commission, Bearing in mind, inter alia, the provisions concerning mercenaries contained in Additional Protocol I of 1977 to the Geneva Conventions of 1949,

1. Decides to appoint for one year a special rapporteur to examine the question of the use of mercenaries as a means of violating human rights and of impeding the exercise of the right of peoples to self-determination;

2. Requests the Chairman of the Commission, after consultations with the other members of the Bureau, to appoint an individual of recognized international standing as special rapporteur;

3. Decides further that the Special Rapporteur in carrying out his mandate shall seek and receive credible and reliable information from Governments, as well as specialized agencies, intergovernmental organizations and non-governmental organizations;

4. Requests the Secretary-General to appeal to all Governments to co-operate with and assist the Special Rapporteur in the performance of his duties and to furnish all information requested;

5. Further requests the Secretary-General to provide all necessary assistance to the Special Rapporteur;

6. Requests the Special Rapporteur to submit to the Commission at its forty-fourth session a report on his activities regarding this question;

7. Decides to consider the question of the use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination at its forty-fourth session as a matter of high priority under the agenda item entitled "The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation".

52nd meeting
9 March 1987
[Adopted by a roll-call vote of 30 to 11, with
1 abstention. See chap. IX.]