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Press releases Commission on Human Rights

PRESS BRIEFING BY ENRIQUE BALLESTEROS, SPECIAL RAPORTEUR ON QUESTION OF MERCENARIES

25 March 1999

25 March 1999

Enrique Bernales Ballesteros, Special Rapporteur of the Commission on Human Rights on the effects of the use of mercenaries on the enjoyment of human rights and particularly the right of peoples to self-determination, said his report (E/CN.4/1999/11) cited in particular the cases of Angola, Sierra Leone, and the Democratic Republic of the Congo, where the use of private security enterprises had occurred on a significant scale. The report addressed two issues: the worsening of the activities of mercenaries throughout the world, especially in Africa; and the expanding activity of military security firms, which constituted a dangerous trend against the free determination of peoples and human rights in general.

"The activities of mercenaries has affected deeply the political stability of Africa. The situation is very bad in Angola, the two Congos and Sierra Leone", Mr. Bernales Ballesteros said.

Mr. Bernales Ballesteros said the Sierra Leone situation deserved particular analysis. According to the information he had received there was a humanitarian disaster there due in part to the activity of mercenaries. "The activities of the mercenaries has not helped to improve the situation and has affected dramatically the situation of human rights ", the Special Rapporteur said.

Mr. Bernales Ballesteros said there were two kinds of mercenaries in Sierra Leone. The first kind could be described as the "Bob Denard" mercenary, represented in the Sierra Leone case by former Israeli colonel Yair Klein. Klein had been recruiting many mercenaries, paying a lot of money and putting them at the disposal of the rebels in Sierra Leone. The other factions in the country had been recruiting mercenaries as well, and both the Government and the ECOMOG had done so. This use of mercenaries had led to talk of "good" and "bad" mercenaries. This reminded him of the old aphorism that the end justifies the means. But mercenaries killed and tortured. From his point of view it was completely inadmissible to use mercenaries in the light of human rights standards. "Mercenaries do not work in the name of life or peace, but to earn money. And to earn money they have to be effective and being effective as a mercenary means killing, torturing and committing human rights violations".

The issue of mercenaries was particularly grave if one took into account the spread of private security enterprises since1988, the Special Rapporteur said. Some such firms were becoming private armies. These enterprises usually had many levels of activity, some of them unrelated to the activities of mercenaries and others specifically linked to such activities. The fact was that these latter activities affected the sovereignty of States and contributed to impunity and to "irresponsibility" of the State.

A correspondent asked the Special Rapporteur whether he had visited the United Kingdom as he had planned and, if he had, what were his conclusions. Mr. Bernales Ballesteros said he had visited that country and had had meetings with representatives of the Government and NGOs. Even if his report on that visit was not finished, he could say that he had found the Government to be very concerned about this issue. The Government was studying legislation to regulate military security enterprises.

Did he believe that Sandline International was still involved in Sierra Leone? the correspondent asked. Mr. Bernales Ballesteros said he would be able to provide more information related to that question after his planned meeting with representatives of Sandline tomorrow. Those representatives had a lot to say because the main issue regarding Sandline was that they had not respected the UN embargo when they sent weapons through Bulgaria to Sierra Leone.