Special Procedures of the Commission on Human Rights      

Special Rapporteur of the Commission on Human Rights on use
of mercenaries as a means of impeding the exercise of
the right of peoples to self-determination

The Commission on Human Rights in its Resolution 1987/16 decided to appoint a Special Rapporteur on use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination.

Under the original mandate, which has been repeatedly renewed, the Special Rapporteur was 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. To carry out this task, he was authorized to seek and receive credible and reliable information from Governments, as well as specialized agencies, and intergovernmental and non-governmental organizations.

As emphasized by the Special Rapporteur in his initial consultations with States, his basic mandate is to “identify the characteristics and methods of mercenarism as a means of violating human rights and impeding the exercise of the right of peoples to self-determination.”

He has gradually developed a conceptual framework for use in

analysing existing and potential new forms of mercenary activity, and maintains regular contacts with States and other sources, including institutions and individuals engaged in research on the subject, to obtain information on actual or potential mercenary activities and relevant national legislation.

At its 60 th session in resolution 2004/5 the Commission requested “ the Special Rapporteur to continue taking into account in the discharge of his/her mandate that mercenary activities are continuing to occur in many parts of the world and are taking on new forms, manifestations and modalities and, in this regard, requests him/her to pay particular attention to the impact of the activities of private companies offering military assistance, consultancy and security services on the international market on the exercise of the right of peoples to self-determination”.

In his fact-finding role, he visits parts of the world where mercenary activities have taken place. (See Country Visits)

He also seeks to promote the ratification of the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, as well as the adoption of national legislation specifically targeting mercenary activities.(Fact Sheet N.28)

Special Rapporteur:

•  Mr. Enrique Bernales-Ballesteros ( Peru ), since 1987