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

1988/7. 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, 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, 41/102 of 4 December 1986 and 42/96 of 7 December 1987, 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 resolutions 1986/26 of 10 March 1986 and 1987/16 of 9 March 1987, in which it condemned the increased recruitment, financing, training, assembly, transit and use of mercenaries, as well as other forms of support to mercenaries and, in the latter resolution, decided 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, 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 African, Central American and other developing 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,

1. Condemns the increased recruitment, financing, training, assembly, transit and use of mercenaries, as well as all other forms of support to mercenaries for the purpose of destabilizing and overthrowing the Governments of Africa and Central America and of other developing States and fighting against the national liberation movements of peoples struggling for the exercise of their right to self-determination;

2. Considers it inadmissible to use channels of humanitarian and other assistance to finance, train and arm mercenaries;

3. Denounces any State that persists in the recruitment, or permits or tolerates the recruitment, of mercenaries and provides facilities to them for launching armed aggression against other States;

4. Calls upon all States to exercise the utmost vigilance against the menace posed by the activities of mercenaries and to ensure, by both administrative and legislative measures, that the territory of those States and other territories under their control, as well as their nationals, are not used for the recruitment, assembly, financing, training and transit of mercenaries or the planning of such activities designed to destabilize or overthrow the Government of any State and to fight the national liberation movements struggling against racism, apartheid, colonial domination and foreign intervention and occupation for their independence, territorial integrity and national unity;

5. Urges all States to take the necessary measures under their respective domestic laws to prohibit the recruitment, financing, training and transit of mercenaries on their territory, as well as all other forms of support and assistance to mercenaries;

6. Takes note with appreciation of the report of the Special Rapporteur (E/CN.4/1988/14);

7. Decides to continue the mandate of the Special Rapporteur for another year, in order to enable him to submit further conclusions and recommendations to the Commission;

8. Decides further that the Special Rapporteur in carrying out his mandate shall continue to seek and receive credible and reliable information from Governments, as well as intergovernmental organizations, non-governmental organizations and national liberation movements recognized by regional intergovernmental organizations;

9. Requests the Secretary-General to continue to provide all necessary assistance to the Special Rapporteur and to appeal again to all Governments to co-operate with and assist the Special Rapporteur in the performance of his duties and to furnish all information requested;

10. Requests the Special Rapporteur to develop further the position that mercenary acts and mercenarism in general are a means of violating human rights and thwarting the self-determination of peoples;

11. Also requests the Special Rapporteur, in carrying out his mandate, to strengthen his co-operation and co-ordination with the various bodies concerned with mercenarism within the United Nations system;

12. Further requests the Special Rapporteur, in carrying out his mandate, to study credible and reliable reports of mercenary activity in African and other developing countries to determine the scope and implications of such activities and the possible responsibility of third parties by means, inter alia, of on-site visits where appropriate;

13. Urges all Governments, particularly those which have suffered from acts of mercenarism, to facilitate the task of the Special Rapporteur and to invite him to conduct on-site visits where appropriate;

14. Requests the Special Rapporteur to submit to the Commission at its forty-fifth session a report on the question of the use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination together with his conclusions and recommendations, as well as to submit a preliminary report to the General Assembly at its forty-third session, through the Economic and Social Council;

15. Recommends to the Economic and Social Council that it make appropriate arrangements to ensure that the necessary financial resources and sufficient staff are provided to implement the present resolution;

16. Decides to continue the consideration of 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-fifth session as a matter of high priority under the agenda item "The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation".

29th meeting
22 February 1988
[Adopted by a roll-call vote of 30 to 11, with
1 abstention. See chap. IX.]