HUMAN RIGHTS COUNCIL DISCUSSES THE USE OF MERCENARIES AND THE PROMOTION OF A DEMOCRATIC AND EQUITABLE INTERNATIONAL ORDER

The Human Rights Council during its noon meeting held a clustered interactive dialogue with the Chairperson of the Working Group on the use of mercenaries, Patricia Arias, and with the Independent Expert on the promotion of a democratic and equitable international order, Alfred de Zayas.

The Council also concluded its clustered interactive dialogue with the Special Rapporteur on the human right to safe drinking water and sanitation and with the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes.

Patricia Arias, Chair-Rapporteur 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 that States should develop the regulatory framework for the use of private military and security companies to ensure their accountability for human rights violations and redress to victims. It was important that the United Nations applied in its use of private security actors the principle and the human rights due diligence policy. Ms. Arias also provided an account of the visit to Comoros which had taken place in May 2014.

Alfred-Maurice de Zayas, Independent Expert on the promotion of a democratic and equitable international order, said that his report focused on how disarmament for development constituted a win-win proposition for both States and peoples. Reforms were needed within the United Nations system to promote participation by all States and peoples in global decision-making, particularly in addressing challenges such as extreme poverty, climate change, environmental degradation, acute water shortages, pandemics and the protection of the common heritage of mankind.

Comoros spoke as a concerned country.

In the ensuing discussion, speakers expressed concern that private military and security companies continued to be used in conflict situations and agreed on the vital need to regulate the activities of such companies through robust domestic legislation and by filling the existing gaps in the current international framework. A comprehensive legally binding instrument was necessary to protect human rights from the activities of private military and security companies, some speakers said. A speaker regretted the lack of conceptual clarity in the mandate of the Working Group which led to confusion between the activities of mercenaries and the activities of private military and security companies.

Delegations shared the concern expressed by the Independent Expert on the promotion of a democratic and equitable international order on the increase of military spending, which had now reached 1.7 trillion dollars annually and was an unreasonable waste of resources in the world where billions of human beings were living in extreme poverty, dying of malnutrition and lacking medical care. Speakers stressed that huge sums were needed to fund the post-2015 development agenda and deal with climate change but were allocated elsewhere.

Speaking in the interactive dialogue were the European Union, Pakistan on behalf of the Organization of Islamic Cooperation, Morocco, Venezuela, China, Russia, Indonesia, Iran, Ukraine, Algeria, Bolivia, South Africa, Switzerland, Ecuador, Sri Lanka, Cuba, India and Chile.

Also speaking were the following non-governmental organizations: Indian Council of South America, Women’s International League, Organisation pour la Communication en Afrique et de Promotion de la Cooperation Economique Internationale, Canners International Permanent Committee, Verein Sudwind Entwicklungspolitik, International Association of Schools of Social Work, Al-Khoei Foundation, World Barua Organization, International Peace Bureau, Khiam Rehabilitation Centre for Victims of Torture and the Federation of Cuban Women.

At the beginning of its noon meeting, the Council concluded its clustered interactive dialogue with Catarina de Albuquerque, Special Rapporteur on the human right to safe drinking water and sanitation, and Baskut Tuncak, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes.

In the discussion, speakers said that keeping water sources safe was the responsibility of every inhabitant in the world and also noted the failure of State infrastructures to ensure adequate sanitation systems for the poor, especially in urban slums.

The following non-governmental organizations took the floor: Verein Sudwind Entwicklungspolitik, World Barua Organization and the Association of World Citizens.

In concluding remarks, Ms. de Albuquerque spoke about the application of the human rights to water and sanitation in international humanitarian law and conflict situations, and said that human rights monitoring in this case should focus more on quality. The Council should acknowledge that water and sanitation was not one right, but two rights, and this would give more visibility to sanitation, which was still seen as the ‘poor relation’ of the two.

Mr. Tuncak in his closing remarks agreed that the protection of human rights defenders working on the protection of the environment required urgent attention. The production of chemicals would grow by 45 per cent in Africa and other regions by 2020 and this would exacerbate the need for the appropriate disposal of hazardous substances and waste.

The Special Rapporteurs on safe drinking water and sanitation and on hazardous substances and wastes presented their reports on 9 September, and a summary of their presentations, as well as the start of the interactive dialogue, can be seen here.

The Council is holding a full day of meetings today. At 3 p.m., it will hold a clustered interactive dialogue with the Special Rapporteur on truth, justice, reparation and non-recurrence, Pablo de Greiff, and the Chairperson of the Working Group on arbitrary detention, Mads Andenas.

Interactive Dialogue with Special Rapporteurs on Safe Drinking Water and Sanitation and on Hazardous Substances and Wastes

SudWind said water was the beginning of life and civilization – keeping water sources safe was the responsibility of every inhabitant in the world. Half the world’s oil sources were in the Middle East leading to a 48 per cent increase in pollution of the water in the Persian Gulf and regional underground water sources. World Barua Association spoke about the failure of State infrastructures to ensure adequate sanitation systems for the poor, especially in urban slums. The Association asked the Council to urge India to improve infrastructure, particularly for the Dalits living in the north-east of the country. Association of World Citizens drew the attention of African States to a long-awaited initiative developed by UNITAR and Geneva University, with assistance from the Swiss Government; it was a free online training course on international law with regard to water and sanitation, in French, and was an outstanding opportunity.

Concluding Remarks by the Special Rapporteurs on Safe Drinking Water and Sanitation and on Hazardous Substances and Wastes

CATARINA DE ALBUQUERQUE, Special Rapporteur on the human right to safe drinking water and sanitation, thanked States for their kind words upon the completion of her six-year mandate, and wished her successor the best. Answering some of the questions raised in the dialogue, the Special Rapporteur spoke about the application of the human rights to water and sanitation in international humanitarian law and conflict situations, and also said human rights monitoring in this case should be less quantitative and focus more on quality. Inter-household discrimination regarding access to sanitation was an important challenge, for example households where women were not allowed to share the same toilet as their father-in–law and had to go outside to the bush to do their business.

The Special Rapporteur said she would like to see the Council acknowledge that water and sanitation was not one right, but two rights. Doing so would give more visibility to sanitation, which was still seen as the ‘poor relation’ of the two, and acknowledge that different approaches were needed to realize the latter. As to what the future held, the Special Rapporteur said the key challenge was their implementation and incorporation into the sustainable development goals. More had to be done on hygiene, particularly menstrual hygiene. The Special Rapporteur saw growing awareness of the rights, which would become more visible due to climate change and water stress. Their integration would help prioritize future decisions about water use.

BASKUT TUNCAK, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, in his closing remarks, agreed with the delegations that the protection of human rights defenders working on the protection of the environment required urgent attention and said that he intended to cooperate with other mandate holders and apply the Guidelines on Business and Human Rights. The Special Rapporteur said that between 2012 and 2020, the production of chemicals would grow by 45 per cent in Africa and other regions and this would exacerbate the need for appropriate disposal of hazardous substances and waste. Mr. Tuncak said that his next report would focus on the right to information in relation to hazardous waste and substances, in which he would also provide analysis and identification of gaps in the relevant international normative framework.

Documentation

The Council has before it the annual report 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 (A/HRC/27/50)

The Council has before it an addendum to the annual report 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 - Mission to Comoros (A/HRC/27/50/Add.1)

The Council has before it the report of the Independent Expert on the promotion of a democratic and equitable international order (A/HRC/27/51)

Presentations by the Working Group on the Use of Mercenaries and the Independent Expert on a Democratic and Equitable International Order

PATRICIA ARIAS, Chair-Rapporteur 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, presenting the report, said security underpinned the enjoyment of all other human rights. Outsourcing the use of force to private security without appropriate oversight considerably weakened the rule of law and posed a serious threat to human rights. States should consider developing laws and regulations to avoid gaps so that perpetrators were held to account and victims given adequate redress. That regulatory framework must also require proper certification of all security personnel and the recruitment process should be made as open and transparent as possible. States had an obligation to ensure that private security actors complied with human rights obligations, including freedom from violence.

Ms. Arias spoke about the use of private security actors by the United Nations, which was the focus of the Working Group’s report to the upcoming session of the General Assembly. As the United Nations was paying particular attention to the issue of due diligence, it was important that that principle was applied in its work with all private security providers, in line with the landmark Human Rights Due Diligence Policy endorsed by the Secretary-General in July 2011. The Council also heard an overview of the Working Group’s activities over the last year, which focused on developing regulatory standards for private military and security companies as well as its ongoing survey of national laws and regulations relating to private military and security companies and the establishment of a database of individuals convicted of mercenary activities.

An account of the Working Group’s visit to Comoros in May 2014 was given, and Ms. Arias praised the Union of Comoros for positive developments that had brought relative stability to the country, notably the 2009 constitutional amendment allowing for the rotation of the presidency which had helped counter the problem of separatism and the series of coups d’état involving mercenaries that had prevailed since Comoros’ independence in 1975. Challenges faced included the prevailing culture of impunity for perpetrators, including mercenaries, and Comoros’ precarious economic situation. It was important that Comoros made a connection between its history of mercenarism and the many human rights challenges that the country must address, such as poverty.

ALFRED-MAURICE DE ZAYAS, Independent Expert on the promotion of a democratic and equitable international order, introducing the report, said he had continued to study obstacles to the establishment of a democratic and equitable international order. This report was on how disarmament for development constituted a win-win proposition for both States and peoples and a contrition to the implementation of Article 26 of the United Nations Charter. It was recognised that today’s international order was not peaceful, democratic or equitable and the international community should progressively make necessary reforms within the United Nations system and the world financial institutions so as to promote participation by all States and peoples in global decision-making, particularly in addressing challenges such as extreme poverty, climate change, environmental degradation, acute water shortages, pandemics and the protection of the common heritage of mankind. Domestically, States should make efforts to grant the populations under their jurisdiction greater voice and the opportunity to participate in the shaping of domestic and foreign policy. The report surveyed the level of military spending by States, which according to the Stockholm International Peace Institute reached USD 1.75 trillion in 2013 and, according to the World Bank tables, consumed 20, 30 or even 40 per cent of the national budgets of some countries. It was here that economies must be made. Yet, they saw States cutting social services, reducing the number of teachers, civil servants and poverty-reduction programmes.

The ‘elephant in the room’ about which the media consistently underreported was the role of the military-industrial complex in all of its international ramifications. They had to come to grips with the continued production and stockpiling of nuclear and other weapons of mass destruction, which constituted a sword of Damocles suspended over our heads. The democratic legitimacy of expenditures devoted to research into the development of new and frightful lethal autonomous weapons system, killer robots, and radiological weapons among others, had to be challenged. Notwithstanding the useful jus cogens obligation to settle dispute by peaceful means, the demonization of adversaries and sabre-rattling were practiced by politicians, resulting in an atmosphere hardly conducive to fruitful negotiations.

Among positive developments, Mr. de Zayas highlighted the adoption on 29 January 2014 by the Community of Latin American and Caribbean States of a Declaration proclaiming the entire region as a ‘zone of peace’. Another promising development was the enhanced interest in military expenditure shown by the Human Rights Council. The report noted that since peace was indispensable to achieve a democratic and equitable international order, every effort had to be undertaken to settle disputes through peaceful means, to prevent armed conflict and to end on-going wars. Disarmament and demilitarization were key to development and human security.


Statement by Concerned Country

Comoros, speaking as a concerned country, spoke of the duty of memorialization, saying it was important not to forget one of its darkest periods, a series of coups d’états that violated human rights, tarnished its international reputation, and halted its development. In May 1978 a group of ‘soldiers of fortune’, led by famed French mercenary Bob Denard, committed a coups d’état, assassinating the President. Subsequent coups d’états followed, disasters for a vulnerable country that had just emerged from 150 years of colonialization. Comoros was still struggling to recover and suffered from sporadic separatist movements that compromised its territorial integrity. Comoros needed to learn who was behind the coups d’états, who the accomplices were and who provided the military and financial resources for them. There had still been no prosecutions of those responsible for the coups d’états, and Comoros appealed to the Council to help it develop an effective system of justice, particularly at a time it appeared there was oil or gas in its offshore waters. Comoros asked for help in controlling the private security companies which were flourishing in the country in the absence of legislation. The illegal occupation of the Comoros island of Mayotte was one of the main sources of separatist movements and coups d’états, and Comoros needed the international community’s goodwill to tackle that challenge.

Interactive Dialogue with the Working Group on the Use of Mercenaries and the Independent Expert on a Democratic and Equitable International Order

Pakistan, speaking on behalf of the Organization of Islamic Cooperation, said that in light of findings of the report of the Working Group, it believed that there was an urgent need to overcome the existing gaps in the current international legal framework, such as ensuring prosecution of transnational entities. Russia said that the need to regulate the activities of private military and security companies had been confirmed by human rights violations carried out by their personnel, particularly in hot-spots. In Syria, units of the opposition were using mercenaries and a similar situation was seen in Ukraine. European Union regretted the lack of conceptual clarity in the mandate of the Working Group on mercenaries. A significant change would have provided a better framework for the Working Group to carry out its work instead of entertaining the confusion between the activities of mercenaries, and the activities of private military and security companies. Morocco said it was important to make a distinction between private security companies operating domestically, and private military and/or transnational companies. It shared the view on the need for disarmament as a precondition for the establishment of a democratic, equitable and peaceful international order.

China said it had adopted its own regulations on private military and security companies and would be open to share these with interested parties. It hoped that the Independent Expert would carry out his study on the promotion of a democratic and equitable international order in an all-encompassing way that would lead to practical recommendations. Venezuela said it for a democratic and equitable international order to be achieved, it had to be considered as part of fundamental rights. Such an international order would only be possible in the framework of the sovereign equality of States and the right of persons to self-determination.

Indonesia said that it took note of studies by the Working Group assessing domestic laws on private military and security companies and encouraged it to continue its work and identify best practices for better regulation. With regards to the report by the Independent Expert on the promotion of a democratic and equitable international order, Indonesia recalled that the Council already reaffirmed in March 2013 that States should undertake a general and effective disarmament process, and regretted that the right to development was not given due attention despite its importance for the realization of an equitable international order. Iran said that there was a pressing need to fill the existing gaps in the current international framework to tackle human rights violations by private military and security companies and ensure a right to remedy for victims. Iran shared the view of the Independent Expert on the promotion of a democratic and equitable international order that military budgets should be reduced, and called on the international community to work towards the development of peaceful activities and engage in the post-2015 development agenda. Ukraine said it was currently facing threats from mercenaries recruited by the Russian Federation to undermine Ukraine’s sovereignty and territorial integrity. In addition, the Russian Federation had begun to send regular troops to Ukraine. Ukraine had no knowledge of any international or regional organization reporting on the use of mercenaries by the Ukrainian Government, despite what the Russian Federation had just said.

Algeria shared the concerns of the Independent Expert on the promotion of a democratic and equitable international order about the increase of military expenses. On mercenaries, Algeria regretted that private military and security companies’ activities had expanded and were now often carrying on States’ traditional activities. Algeria insisted on the importance of providing victims with effective remedies for violations of their rights by private military and security companies. Bolivia said that the use of force and staff behaviours should be regulated, and regretted the lack of supervision of private military and security companies’ activities. Bolivia agreed that States should be able to demand accountability for those States that used private military security companies. South Africa supported the Working Group on the use of mercenaries’ view that a legally binding international instrument regulating activities of private military and security companies was timely and necessary to address the challenges posed by them and their human rights impact. South Africa supported the view expressed by the Independent Expert on the promotion of a democratic and equitable international order that there was a need to shift priorities to development and peaceful activities.

Response by the Working Group on the Use of Mercenaries and the Independent Expert on a Democratic and Equitable International Order

PATRICIAS ARIAS, Chair of the Working Group on the use of mercenaries, took the floor to clarify the mandate of the Working Group in respect to comments made by the European Union, citing the relevant Council resolution. In discharging its mandate the Working Group clearly differentiated illegal mercenaries from private security actors who were legal entities acting within a legal framework, she said, a distinction which was made in various reports presented to the Human Rights Council and General Assembly. Ms. Arias also thanked those who supported the Working Group in carrying out its mandate, including Comoros.

ALFRED DE ZAYAS, Independent Expert on the promotion of a democratic and equitable international order, thanked States for their comments which he would take on board in his future work. Responding to China’s suggestion that he focus comprehensively on the needs of developing countries in his future reports so those countries would participate more actively in international affairs rather than concentrating on their military expenditure, Mr. de Zayas said it was not possible to address all the issues requested by the Council in its resolutions in one single report. He said he endeavoured to cover the subjects he considered important as comprehensively as possible. Future subjects would include trade, debt relief, and financial obstacles to a democratic and equitable international order in cooperation, not duplication, with his Special Procedures colleagues. Mr. de Zayas spoke about the redeployment of military personnel into civilian jobs upon the reduction of State militaries, and about information gathering, such as the United Nations Children’s Fund model of comparing military expenditure against State expenditure on education and healthcare, which would be useful to the Council. On Indonesia’s question on what the reporting procedure in the context of the Universal Periodic Review would look like, each examination of the report of a State before the Universal Periodic Review would be focused on the needs and priorities of that country. A systematic examination would put the issue on the table and the net result would be that through transparency, discussion and cooperative dialogue, countries would realise that it was in their own interest to reduce their military expenditures and create conversion strategies, in order to re-train personnel currently employed in the military in order to do other tasks.

Interactive Dialogue with the Working Group on the Use of Mercenaries and the Independent Expert on a Democratic and Equitable International Order

Switzerland said that the study by the Working Group on the use of mercenaries on the situation in West Africa showed that there was indeed a vital need to regulate the activities of private military and security companies through robust domestic legislation. The Montreux forum would meet on this issue soon. Additional discussions underway to address this issue, including through a binding international instrument, would be welcome.
Ecuador reiterated its concerns at the lack of an international regulatory instrument and the lack of accountability for private military and security companies. Political agendas on this issue constituted an obstacle to the protection from human rights abuses perpetrated by private military and security companies. Ecuador had adopted domestic legislation and programmes to regulate the activities of private military and security companies. Sri Lanka believed peace and also transparency were needed for the achievement of a democratic and equitable international order. Sri Lanka maintained its concern that the existence of nuclear weapons constituted a threat to humanity and equitable order, and called on concerned States to undertake controlled disarmament.

Cuba shared the Working Group on the use of mercenaries’ opinion that a comprehensive legally binding instrument was necessary and was the best way of protecting human rights from the activities of private military and security companies, which were contrary to the Charter of the United Nations. Cuba reiterated its support to the Independent Expert on the promotion of a democratic and equitable international order, and would present resolutions on this issue during this Council’s session. India considered that the activities of private military and security companies could contribute to the destabilization of some States, and presented elements of its domestic regulations on this matter. India underlined that the main danger of private military and security companies resulted from their transnational character. Chile was concerned that private military and security companies continued to be used in conflict situations, and said that the use of these companies constituted a threat to stability and human rights. Chile believed that the elaboration of a binding international legal instrument regulating private military and security companies was key for the protection of human rights and for providing victims with reparations.

Indian Council of South America said that in order to address the unilateral taking of territory and resources for military use and expenditure, the use had to include mineral and oil extraction that had led to irreparable harm to territories in Alaska, Hawaii, Lakota, Canada, Australia and other indigenous territories. International Association of Schools of Social Work said that as nations advocating to be set free from American occupation, Hawaii and Alaska had registered with the Council and other United Nations bodies numerous complaints of human rights violations committed against their peoples by the United States, including extreme militarization of their nations. Organisation pour la Communication en Afrique et de Promotion de la Cooperation Economique Internationale said that the level of global military expenditure was still extremely high and was an unreasonable waste of resources. Billions of human beings were living in extreme poverty, dying of malnutrition and lacking medical care.

Women’s International League for Peace and Freedom said it was urgent that States ceased to promote the culture of increasing militarization and redirect these budgets. The current crises, such as in Ukraine, the Middle East and North Africa, reflected the consequences of excessive military expenditure. Canners International Permanent Committee said its view was that a mercenary group was one that was hosted in a country, provided training, arms, funding and strategic instructions to carry out violent activities in another State where the group’s host State may have political or other aims. Verein Sudwind Entwicklungspolitik was disappointed to see that the Democratic People’s Republic of Korea, Pakistan, India and Israel had yet to join the Nuclear Non-Proliferation Treaty and that the five permanent members of the Security Council had not taken adequate measures toward disarmament and reduction of their nuclear stockpiles.

Al-Khoei Foundation said that there was a need to challenge those who used their faith as a pretext for destroying human lives and called on Iraq and the United Nations to conduct a thorough investigation into the crimes committed against Iraqi minorities in conflict areas. World Barua Organization said that mercenaries were a curse to humanity and that they inflicted long-term irreparable losses for their short-term gains. International Peace Bureau said that military spending had not been adequately reflected in the debate in the United Nations, civil society and the public, and said that huge sums needed to fund the post-2015 development agenda and climate change existed, but were allocated elsewhere. Khiam Rehabilitation Centre for Victims of Torture spoke about Bahrain’s acts of repression, highlighting the banishment of a group of citizens, including parliamentarians, political activists, human rights defenders and journalists. Federation of Cuban Women denounced the sending of political messages to Cubans from abroad which represented violations of national sovereignty and were an attempt to destabilize the revolution. Cuba would continue to defend what it had attained and continue to actively build its socialism.

Concluding Remarks by the Working Group on the Use of Mercenaries and the Independent Expert on a Democratic and Equitable International Order

PATRICIA ARIAS, Chair-Rapporteur 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 in concluding remarks that the Working Groups had taken part in various international conferences on the issue of mercenaries, including the Montreux conference. International legislation, national legislation and self-regulation by companies were the three levels of the mandate of the Working Group. In response to Ecuador, she said that the Working Group was happy to cooperate with other related United Nations mechanisms. She then explained that private military and security companies undertook a role which had been delegated to them, allowing them to use force in a legitimate nature, but clearly posing a greater risk of human rights violations. Private military and security companies were often better armed than regular armies, but they were not necessarily better trained to deal face to face with citizens. There also was a risk of sensitive State information conveyed for private businesses. She recalled that many human rights violations had been perpetrated by companies hired by transnational corporations, particularly against indigenous peoples in Latin America. With regards to transnational corporations, progress had to be made in defining which corporations’ activities were military and which were not. Ms. Arias also underlined the problems of diplomatic immunities possessed by some members of private military and security companies, which constituted an obstacle to accountability and reparations for the victims.

ALFRED-MAURICE DE ZAYAS, Independent Expert on the promotion of a democratic and equitable international order, in concluding remarks was thankful for the constructive statements and suggestions. Mr. de Zayas refused to abandon the hope that a gradual shift in society’s mentality would soon be forthcoming. Education should be used to unlearn discrimination, prejudice and war, among others. Regrettably, in some countries any criticism to military spending was depicted as being unpatriotic or treasonous. More should be done to protect human rights defenders in that regard. New strategies for conflict prevention and conflict resolution had to be devised, and this could be done by considering the United Nations Charter and the core human rights treaties. In the report, a certain number of recommendations to parliamentarians had been made. Among others, they should regularly consult with and inform their constituents, particularly on matters of fiscal and budget priorities; put in place specialised and well-resourced parliamentary defence committees with competence to oversee military expenditure; and organise training programmes for parliamentarians to assist them with the complexity of military budgets.

Mr. de Zayas said civil society organizations and national human rights institutions should demand public participation in defence policy and procurement, and public participation in national budgeting, supporting the relocation of military spending to meet environmental and social needs. They should also demand transparency and accountability from Government officials.

For use of the information media; not an official record

HRC14/112E