Human Rights Council Hears that States Should Put Human Rights Front and Centre in Working to Address Gaps in Global Governance Relating to Mercenaries and Private Military and Security Companies

Council Concludes Interactive Dialogue with the Special Rapporteur on Hazardous Wastes

The Human Rights Council this afternoon held an interactive dialogue with the Working Group on the use of mercenaries as a means of violating human rights and impeding the right of peoples to self-determination, and concluded an interactive dialogue with the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes.

Chris Kwaja, Member of the Working Group on the use of mercenaries as a means of violating human rights and impeding the right of peoples to self-determination, said the annual thematic report covered the recruitment, including predatory recruitment, of mercenaries and mercenary-related actors.  The Working Group had consistently reported that the complexity of international security had enabled a lucrative and thriving environment for the recruitment of mercenaries and related actors in and out of different conflict situations around the world.  Their actions constituted destabilising factors that undermined peace efforts. 

The report identified the substantial difference between traditional mercenaries and predatory recruits.  The Working Group had learnt that predatory recruitment often targeted young men from low socioeconomic status, already living in conflict zones, who took advantage of joining mercenary missions in order to escape extreme poverty.  Predatory recruitment was therefore based on exploitation, intimidation and enticement/inducement, with no written agreements.  Such individuals were often lured into enlisting by false promises of economic stability for themselves and, in some cases, for their families.  Recruitment under duress or out of fear of reprisal against their families, particularly against women and girls, was a common tactic used by recruiters. 

Mr. Kwaja said the phenomenon of mercenarism and the recruitment practices linked to it had multiple root causes that needed to be addressed.  A comprehensive human rights-based approach to tackle this scourge should consider the drivers of the involvement of individuals in mercenary and mercenary-related activities and the root causes of harmful practices that had flourished around the phenomenon of mercenarism, including predatory recruitment.  States should put human rights front and centre in working to address gaps in global governance relating to mercenaries and private military and security companies, in preparation for the Summit of the Future to be held in 2024.

Mr. Kwaja spoke of the Working Group’s visits to Greece and Armenia.  Greece and Armenia spoke as countries concerned. 

In the discussion, some speakers said the Working Group had observed increasingly systematised methods of the recruitment of mercenaries, which increased the risk of serious violations and abuses of human rights and violations of international humanitarian law in armed conflict contexts.  It was regretted that some of these non-State actors and unregulated private military and security entities had undertaken an increasingly destabilising role in various parts of the world, as documented and condemned by the United Nations and civil society organizations, and were involved in serious human rights abuses and serious violations of international humanitarian law such as war crimes, the looting of natural resources, and the intimidation, torture and killing of civilians.  States had an obligation, under international humanitarian law and international human rights law, to regulate their activities, and all States should see this report as a benchmark, a speaker said.

At the beginning of the meeting, the Council concluded its interactive dialogue with the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes.

Marcos Orellana, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, in concluding remarks, said States needed to assess the greenhouse gas reduction potential and conduct a full lifestyle assessment of material extraction.  Deep reductions of greenhouse gases were urgent and were indispensable to realising the Paris Agreement, yet some climate technologies could not be justified on account of their transmission potential.  Several scientific voices had pointed to the inadequacies of existing standards.  The mandate would continue to closely monitor issues of waste being dumped into the ocean.

The International Maritime Organization spoke as an organization concerned. 

During the discussion, some speakers commended the Special Rapporteur for the report on the toxic impacts of some proposed climate change solutions and the examination of the interface between decarbonisation and detoxification.  Deep reductions of greenhouse gas emissions were urgent to tackle the global climate crisis.  Recent years had witnessed high increases in the intensity and frequency of extreme climatic events, such as hurricanes, droughts and heatwaves, causing loss and damage to people and nature.  Some speakers agreed with the recommendations put forward by the Special Rapporteur aimed at accelerating decarbonisation and detoxification strategies that were integrated and guided by human rights principles, with the involvement of all stakeholders.  One speaker said linking climate change to the human rights agenda was artificial, noting that “climate rights” was not a term in use in international law.

Speaking in the discussion on mercenaries were Honduras, European Union, Egypt, Costa Rica, France, Iraq, China, Russian Federation, South Africa, Cameroon, United Kingdom, Panama, Cuba, Venezuela, Afghanistan, Azerbaijan and Sudan.

Also speaking were Legal Analysis and Research Public Union, Institut International pour les Droits et le Développement, The Organization for Poverty Alleviation and Development, Association Culturelle des Tamouls en France, International Commission of Jurists, Syrian Centre for Media and Freedom of Expression, Maat for Peace, Development and Human Rights Association, Integrated Youth Empowerment - Common Initiative Group, China Society for Human Rights Studies, and India Water Foundation.

Speaking in the discussion on hazardous waste were Mexico, United States, China, Malawi, Georgia, Malaysia, Armenia, Indonesia, Russian Federation, South Africa, Cameroon, Angola, Maldives, Peru, Australia, Pakistan, Saudi Arabia, Tanzania, Panama, Morocco, Djibouti, Algeria, Togo, Venezuela, Senegal, Mauritius, Democratic People's Republic of Korea, Kenya, Ukraine, Mali, Côte d'Ivoire, India, Vanuatu, Azerbaijan, Organization of Islamic Cooperation, Cabo Verde, Iran and Bangladesh.

Also speaking were China NGO Network for International Exchanges, iuventum e.V., Association pour la défense des droits de l'homme et des revendications démocratiques/culturelles du peuple Azerbaidjanais-Iran, FIAN International e.V., Swiss Catholic Lenten Fund, Centre for International Environmental Law, Centre Europe - tiers monde, Justiça Global, Chinese Association for International Understanding, and China Society for Human Rights Studies.

Speaking in right of reply at the end of the meeting were Azerbaijan, Iraq, Japan, China, Armenia, and Democratic People's Republic of Korea.

The webcast of the Human Rights Council meetings can be found here.  All meeting summaries can be found here.  Documents and reports related to the Human Rights Council’s fifty-third regular session can be found here.

The next meeting of the Council will be at 10 a.m. on Wednesday, 20 September, when it will hold an interactive dialogue with the Expert Mechanism on the Right to Development, followed by an interactive dialogue with the Special Rapporteur on the right to development.

Interactive Dialogue with the Special Rapporteur on the Implications for Human Rights of the Environmentally Sound Management and Disposal of Hazardous Substances and Wastes

The interactive dialogue with the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes started in the previous meeting and a summary can be found here.

Remarks by Organization Concerned

International Maritime Organization, speaking as an organization concerned, said it appreciated the work of the Special Rapporteur on the implications for human rights of environmentally sound waste management.  The Organization welcomed the recommendations and conclusions of the report, which would be communicated to the Council of Member States of the International Maritime Organization.  The Organization had a well-established mandate in accordance with the Convention.  The International Maritime Organization actively worked with United Nations agencies, including the International Labour Organization and the Food and Agriculture Organization, to support their mandates.  The Organization addressed human rights under its human element component, which was considered when addressing any recommendation.

Last July, the International Maritime Organization adopted its revised strategy aiming at decarbonising the sector by around 2050.  Participation was open to Member States and civil society, representing a diverse range of stakeholders from the shipping community.  The International Maritime Organization was putting in efforts to ratify two treaties which had not yet entered into force.  Implementation of the International Maritime Organization instruments was the responsibility of Members States.  Most of the technical recommendations listed in the report were in the process of being considered by the relevant technical organs.  The International Maritime Organization confirmed that the report would be submitted to the Members States for full consideration and guidance.  There had been a good exchange with the Special Rapporteur and his comments and feedback were appreciated. 

Discussion

Some speakers said the increase of chemical substances in agricultural and other industries could have an impact on the enjoyment of human rights, especially for persons in vulnerable circumstances.  All must work together to ensure a safe environment for all.  All countries should pursue better reporting practices to better protect human health and the environment.

Some speakers commended the Special Rapporteur for the report on the toxic impacts of some proposed climate change solutions and the examination of the interface between decarbonisation and detoxification.  Deep reductions of greenhouse gas emissions were urgent to tackle the global climate crisis.  Recent years had witnessed high increases in the intensity and frequency of extreme climatic events, such as hurricanes, droughts and heatwaves, causing loss and damage to people and nature.  This situation undermined progress towards the Sustainable Development Goals to end poverty and hunger, to ensure healthy lives, clean water, decent work, and sustainable consumption, and to protect and conserve lands and waters.  Speakers therefore agreed with the recommendations put forward by the Special Rapporteur aimed at accelerating decarbonisation and detoxification strategies that were integrated and guided by human rights principles.

Climate mitigation technologies did not only require sound policies, they also required the involvement of all stakeholders, especially the industry players, as their constructive collaboration with governments would ensure the successful implementation of any policies. Mitigating climate change through decarbonisation and detoxification strategies were worldwide responsibilities.  Some speakers shared the conviction of the Special Rapporteur that deep reductions of greenhouse gas emissions were urgent to tackle the global climate crisis, and further agreed that States had an obligation to mitigate climate change and prevent its negative impacts on human rights.

Linking climate change to the human rights agenda was artificial, a speaker said, noting that “climate rights” was not a term in use in international law, and also noted that there was no such thing as a “right to science”.

Among questions raised were: could the Special Rapporteur highlight best practices for decarbonisation and decontamination that were based on human rights and undertaken by the public sector; how could the international community better ensure that efforts to deal with hazardous wastes were carried out in an equitable manner; recognising the toxic burden of some proposed climate change solutions, how could the United Nations work collaboratively with Member States and key industry players in ensuring the proposed new climate change solution would reduce greenhouse gas emission, without aggravating the toxic burden of the people and planet; what were available mechanisms to ensure that decarbonisation and detoxification strategies could be safely implemented in countries with limited capacity to do so; and what were the Special Rapporteur’s recommendations for developing countries to meaningfully access much-needed technological transfer, technical assistance and financial assistance to help make a safe environment a reality.

Intermediary Remarks

MARCOS ORELLANA, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, thanked all delegations for their support to the mandate and for their questions.  He thanked South Africa for its warm hospitality during the country visit and for its constructive engagement.  He thanked Paraguay for its comments on the report of the country visit.  In Paraguay you could import substances which were hazardous for the environment, which were prohibited in their countries of origin.  Fumigation and the exposure to the spray was having a negative impact on communities which were quite far from the crops.  This was a major issue which suggested a systematic problem and many issues resulted from the exposure to these harmful substances.  Mr. Orellana thanked Paraguay for listening to the recommendations and for engagement with his report.  He commended Ghana for its leadership in plastic reduction but said the State was facing significant challenges in gold mining.  Trade in and the use of mercury should be banned and the transition to mercury free technologies should be supported.  The International Maritime Organization had done important work in climate change and had set new targets with uptakes of technologies.  The issue of beaching ships during dismantling represented a global problem.

Discussion

Continuing the discussion, some speakers said exposure to toxic substances had a disproportionate impact on health, in particular that of the most vulnerable.  There must be coordination between States so as to reduce and end contamination.  Climate change remained the single greatest threat to livelihoods, security and wellbeing.  Speakers called upon States to work with the Special Rapporteur and all Special Procedure mechanisms to uphold victims’ rights to effective remedies, including adequate and prompt reparation.

Emissions reduction strategies should not be pursued at the cost of creating or exacerbating other environmental and human rights challenges.  Some speakers noted their appreciation for new strategies for decarbonisation and detoxification, such as bioenergy and biofuel, but remained cautious about their potential environmental and health impacts.  It was crucial that solutions did not inadvertently harm the environment and the well-being of people.

It was critical to ensure that the measures taken to reduce and mitigate climate change did not further exacerbate the problem, and there was concern that certain mitigation measures were leaving toxic inheritances.  This negatively impacted the right to life, health, clean water and access to food.  There should be measures of transfers of technology and capacity-building measures to increase awareness and knowledge about pollutants.

Carbon neutrality could only be achieved through full decarbonisation, and investment in such technologies would help address climate change and help achieve climate change goals.  Such technologies were highly important to help achieve this global aim.  Measures to impede climate change must not affect human rights.

A speaker pointed out the need to put an end to unilateral coercive measures imposed by certain hegemonic countries against countries of the Global South, which impeded their abilities to take further measures to protect the environment.

Among questions raised was: could the Special Rapporteur share successful examples of access to justice for victims of human rights violations due to improper management of toxics; how misusing measures such as carbon offsets contributed further to environmental pollution; what was the current level of contribution by the United Nations mechanisms to the elaboration of a plastic waste treaty; could the Special Rapporteur give examples of good practices to mitigate the negative impact of the mining industry on populations and the environment; what could be done to make the mining industry more respectful of human rights; and how to improve policies to untangle disinformation campaigns of certain climate mitigation technologies to find solutions that fit the context of small island developing states?

Concluding Remarks

MARCOS ORELLANA, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, thanked Australia for its warm hospitality and constructive engagement during his visit.  He welcomed the support from delegations and examples of good practices which had been provided.  The negotiations for a global platform for fostering information on chemicals and decontamination was very important.  Other tools were advisory committees which formed decision making processes, and legal safeguards.  Geo-engineering could be a strategy to distract from the main challenge of decarbonisation.  There were serious risks for terrestrial systems which could ensue from this technology, meaning it was currently incompatible with the promotion of human rights.  The International Maritime Organization had a section on new fuels, which was important to flag as a best practice.  Lifecyle assessments of technologies were key for the integration of climate and toxic strategies.  States needed to assess the greenhouse gas reduction potential and conduct a full lifestyle assessment of material extraction.  Deep reductions of greenhouse gases were urgent and were indispensable to realising the Paris Agreement, yet some climate technologies could not be justified on account of their transmission potential.  Several scientific voices had pointed to the inadequacies of existing standards.  The mandate would continue to closely monitor issues of waste being dumped into the ocean.

Interactive Dialogue with the Working Group on Mercenaries

Reports

The Council has before it the reports of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination on recruitment, including predatory recruitment, of mercenaries and mercenary-related actors (A/HRC54/29), and two addenda, on the Working Group’s visits to Greece (A/HRC/54/29/Add.1) and to Armenia (A/HRC/54/29/Add.2)

Presentation of Reports

CHRIS KWAJA, Member of the Working Group on the use of mercenaries as a means of violating human rights and impeding the right of peoples to self-determination, said the annual thematic report covered the recruitment, including predatory recruitment, of mercenaries and mercenary-related actors.  The Working Group had consistently reported that the complexity of international security had enabled a lucrative and thriving environment for the recruitment of mercenaries and related actors in and out of different conflict situations around the world.  Their actions constituted destabilising factors that undermined peace efforts.  Given that they were not integrated into formal regulatory institutions that would have restricted some of these excesses, these mercenaries were de facto expected to use excessive force.

In the report, the Working Group identified the substantial difference between traditional mercenaries and predatory recruits.  The Working Group had learnt that predatory recruitment often targeted young men from low socioeconomic status, and already living in conflict zones, who took advantage of joining mercenary missions in order to escape extreme poverty. Predatory recruitment was therefore based on exploitation, intimidation and enticement/inducement, with no written agreements.  Such individuals were often lured into enlisting by false promises of economic stability for themselves and, in some cases, for their families.  Recruitment under duress or out of fear of reprisal against their families, particularly against women and girls, was a common tactic used by recruiters.  The practice of predatory recruitment had damaging repercussions and harmful effects on the recruits, their families and their communities.

The phenomenon of mercenarism and the recruitment practices linked to it had multiple root causes that needed to be addressed.  A comprehensive human rights-based approach to tackle this scourge should consider the drivers of the involvement of individuals in mercenary and mercenary-related activities and the root causes of harmful practices that had flourished around the phenomenon of mercenarism, including predatory recruitment.  States should put human rights front and centre in working to address gaps in global governance relating to mercenaries and private military and security companies, in preparation for the Summit of the Future to be held in 2024.

Turning to country visits, Mr. Kwaja said the Working Group welcomed Greece’s commitment to regulate the operations of private military and security companies.  The country’s security model was clearly a positive one.  However, the Group noted the increasing use of such companies in the migration context, including in the closed controlled access centres operating in the Aegean islands, and cautioned against using prison-like security for the reception of asylum seekers.  The Greek Government should consider establishing an independent monitoring and oversight mechanism to track the operations of private security companies and their personnel, and to ensure that such operations were fully respectful of human rights.

On the visit to Armenia, it was the view of the Working Group that Armenia stood out in its efforts to integrate the Convention on Mercenaries in its domestic legislation, specifically in article 147 of the Criminal Code, which provided for a definition of mercenarism in compliance with international law.  The Group noted the increasing use of private security companies by extractive industries, and learnt of their alleged involvement in dealing with concerns by local communities about the impact of these industries on their livelihoods and human rights.  It strongly recommended the establishment of an independent oversight mechanism to monitor and oversee the private security sector.

Statements by Countries Concerned

Armenia, speaking as a country concerned, said just a few hours ago, Azerbaijan had unleashed a new large-scale military offensive against Nagorno-Karabakh, targeting civilian objects and infrastructure, just as during the previous aggression three years ago.  Armenia thanked the Working Group for its visit in February 2023.  The visit was timely, as Armenia had recently acceded to the International Convention against the Recruitment, Use, Financing and Training of Mercenaries.  Shortly after acceding to the Convention, Armenia had adopted a new Criminal Code, which contained provisions dealing directly with mercenarism.  In addition to criminalising the mercenary activities themselves, the Criminal Code also prohibited acts associated with mercenary activities, including through the potential involvement of foreign fighters, which had been welcomed by the Working Group. 

The Working Group had also noted that Armenia had prohibited private military companies by law, and that its domestic legal framework regulated the activities of the security industry.  Armenia highly appreciated the visit of the Working Group to Syunik, the southern province of Armenia.  Azerbaijan had recruited mercenaries to suppress the human rights of the people of Nagorno-Karabakh both in the 1990s and in 2020.  The report recalled the press release issued during the war in Nagorno-Karabakh on the use by Azerbaijan of mercenaries affiliated with armed groups and individuals that, in some cases, had been accused of war crimes and serious human rights abuses during the conflict in Syria.  Finally, the report of the Working Group put to rest the allegations of Azerbaijan on the purported use of mercenaries by Armenia.  Armenia took the recommendations of the Working Group very seriously and understood the value of international cooperation in strengthening the efforts aimed at the prevention of mercenarism, and ensuring accountability and justice for victims.

Greece, speaking as a country concerned, thanked the Working Group for its presentation, and for its country visit to Greece last year, which had been useful and productive.  Greece had prepared a detailed and extensive schedule for the visit, which included meetings with interlocutors across a wide range of competent Ministries, all of which were fruitful and productive.  Greek legislation regulating the provision of private security services by armed guards to Greek commercial vessels was fully in line with international and European Union law, as well as with International Maritime Organization regulations and standards.  The security and safety of commercial shipping, of international trade routes, and of the lives of seafarers was an issue that Greece attributed utmost priority to. 

Every precaution was taken to follow all regulatory frameworks to safeguard lives, the shipping industry and international law.  In the last few years, Greece had made significant strides in improving reception capacity and facilities for the large number of new arrivals.  However, as there had been a 70 per cent recorded increase in new arrivals this year compared to the previous one, it was evident that more responsibility sharing was needed.  These numbers were evident of the upward trend and of the need for all countries of origin, countries of transit, and countries of destination to do more.  Directly linked to increased arrivals was the need to address the scourge of smuggling and trafficking networks.  Greece responded to the challenges by maintaining a principled and human-centred approach and by saving lives, everyday, at sea and land borders.  Greece was fully aware of the need to continue training, especially of law enforcement personnel as well as private security companies’ personnel.  Greece reiterated that the country did not employ private military security companies.

Discussion

In the discussion, some speakers said the Working Group had observed increasingly systematised, including predatory, methods of recruitment, including online, of mercenaries, which increased the risk of serious violations and abuses of human rights and violations of international humanitarian law in armed conflict contexts.  Reportedly, States and non-State actors were recruiting mercenaries and mercenary-related individuals.  The roles and actions of mercenaries, a category specifically defined in international law, should not be confused with the activities of private military and private security companies, the use of which was legitimate and advisable in certain circumstances.

Some speakers regretted that some of these non-State actors and unregulated private military and security entities, in particular the Wagner Group, an armed group affiliated to Russia, had undertaken an increasingly destabilising role in various parts of the world and, as documented and condemned by the United Nations and civil society organizations, were involved in serious human rights abuses and serious violations of international humanitarian law such as war crimes, the looting of natural resources, and the intimidation, torture and killing of civilians.  The increasing frequency of recruitment of mercenaries through socio-economic exploitation of individuals was also of concern to speakers.

Mercenaries were often linked to human rights violations, such as extra-judicial killings and crimes against humanity, as well as impeding the right to self-determination.  States had an obligation under international humanitarian law and international human rights law to regulate their activities, and all States should see this report as a benchmark, a speaker said. 

Governments must provide legal mechanisms and frameworks to ensure justice and accountability to the victims of the activities of mercenaries.  Governments must regulate and monitor the work of mercenary companies on their territories, including their contracts, and the international community must ensure they abided by international humanitarian and human rights law.  It was crucial for the international community to set clear international standards and rules to establish the rules under which they could operate. 

The number of transnational private security companies was increasing at the international level, and international regulation was lacking.  Although they were suspected of human rights violations, it was difficult to hold them accountable, and yet this was essential.  All sides must adopt measures accordingly.  Promoting economic growth, eradicating hunger and ensuring social harmony were essential to eliminating the problem.  The gross lack of regulation of private security companies had resulted in repeated human rights abuses, such as killing of civilians, a basic violation of human rights, and the countries affected should take action to investigate the activities of private security counties and hold those culpable to account. 

Among the questions raised were: how could the international community ensure that the perpetrators from unregulated private military and security entities, such as the Wagner Group, were held accountable for their human rights abuses and violations of international humanitarian law in various parts of the world; what further steps could be taken to hold those operating for the Wagner Group in Africa to account for the instability, violence and abuses they had caused and committed across the continent; and what measures should be integrated in the international legal framework as discussed in the Human Rights Council to impede predatory recruitment and the activities of private military companies.

Concluding Remarks

CHRIS KWAJA, Member of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, said the reports showed the effects of mercenarism that constituted grave human rights violations which the international community needed to pay attention to.  States had a responsibility to protect citizens from the activities of mercenaries.  The Working Group called on States to show more commitment to the implementation of the Convention.  The Working Group had called for an enactment of a binding instrument which would guide the activities of private military and security companies.  States needed to work together towards a common goal of ensuring that all actors involved in military contracting were subjected to legal frameworks and rules.  The monitoring of financial flows regarding terrorism needed to be applied to mercenary groups.  When mercenaries did not have access to finances, it was difficult for them to take advantage of the weak financial status of individuals they recruited.  The relationship between mercenaries and the flow of arms needed to be taken more seriously.  The report presented was a public document which had made far-reaching recommendations, drawing the attention of the international community on what needed to be done.  The Working Group looked forward to having a more binding instrument which dealt with the activities of private security and military companies, which were not captured in the Convention on Mercenaries.

 

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2023/09/assiste-depuis-peu-une-vague-de-recrutements-predateurs-pour-les

 

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