Mandate

As set out in the resolution, the Working Group is mandated to:

• Monitor mercenaries and mercenary-related activities in all their forms and manifestations, both offline and online, in all parts of the world, including instances of protection and financing provided by Governments to individuals involved in mercenary activities, and to continue to update the database of individuals convicted of mercenary activities;
• Study and identify new sources and causes, emerging issues, manifestations and trends with regard to mercenaries and mercenary-related activities, offline and online, and their impact on human rights, particularly on the right of peoples to self-determination, and to consult in this regard with Member States and regional and international organizations, academia and civil society, as well as with other relevant stakeholders;
• Broaden their active participation, including by submitting contributions, in other subsidiary bodies of the Human Rights Council considering issues related to the use of mercenaries and mercenary-related activities in all their forms and manifestations, including private military and security companies;
• Continue the work already carried out by previous mandate holders on the strengthening of international law and the international legal framework for the prevention and sanction of the recruitment, use, financing, arming and training of mercenaries, taking into account the proposal for a new legal definition of the term “mercenary” drafted by the SR on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination in his report submitted to the CHR at its 60^th session, and also the evolving phenomenon of mercenaries and mercenary-related activities in all their forms and manifestations.
• Report its findings on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination to the Human Rights Council and to the General Assembly in accordance with their respective programmes of work.

In carrying out its mandate, the Working Group:

1. Transmits communications to Governments and other actors with regard to specific allegations of human rights violations involving mercenaries, mercenary-related actors, or private military and security companies;
2. Undertakes country visits to examine the impact of mercenaries, mercenary-related actors, or private military and security companies on the enjoyment of human rights in the respective country, and submits reports to the Human Rights Council on the findings of the visit, including concrete and constructive recommendations to the Government and other actors to address areas that may benefit from improvement;
3. Submits annual thematic reports to the Human Rights Council and the General Assembly on the activities of the mandate and specific thematic issues related to mercenaries, mercenary-related activities, and private military and security and companies.
4. Holds sessions three times per year, twice in Geneva and once in New York. Generally, the sessions are held in closed meetings during which the Working Group covers a wide range of issues, including, among other things, thematic work, communications and specific country engagement. During its sessions, the Working Group systematically engages with Member States, international and regional organizations, national institutions, UN entities, civil society, academics and other stakeholders.
5. Undertakes other initiatives including advocacy, raising awareness, public statements, position papers, amicus curiae briefs, participation in events, as well as addressing acts of intimidations and reprisals in relation to cooperation with the mandate, providing technical advice and contributes to the development of human rights standards and the work of others in the UN human rights mechanisms or UN system globally.

Special Rapporteur on the use of mercenaries (1987-2005)

In 1987, the then Commission on Human Rights appointed a Special Rapporteur on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination. Under this mandate, 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 (resolution 1987/16).

In 2004, the Commission requested the Special Rapporteur to continue taking into account the new forms, manifestations and modalities of mercenary activities in many parts of the world and, requested that they "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” (resolution 2004/5).

In 2005, the Commission of Human Rights ended the mandate of the Special Rapporteur in order to establish the Working Group on the use of mercenaries. For more information on the work of the Special Rapporteur see Fact Sheet N.28.