The report and the proposed legal definition of a mercenary should encapsulate the general problem of mercenarism as well as its more specific regional aspects.

Mr. Pikoli said that the problem of mercenaries and mercenary activities was an international problem that had to be solved at the universal and regional and at the domestic level.

At the international level, efforts should be made to solve technical and legislative problems relating to mercenaries, starting with the limitations of the definition of mercenary .

With respect to mercenary activities, Malaysia was very concerned with the statement, if it was true, that States were patronizing the services of mercenaries for illegitimate purposes.

C. Presence of mercenaries in the Democratic Republic of the Congo

If it went well, do you think they'll hire us?

Use of mercenaries as a Mr. E. Bernales Ballesteros 1998

The United Nations could tap into these to reinforce the international legal structures against mercenary activity Legislation on mercenaries should not just be punitive but must also attempt to close the loopholes in regard to how mercenaries acquire arms.

ROOT CAUSES, GENERAL MANIFESTATIONS AND REGIONAL DIFFERENCES IN MERCENARISM 57 58 17

91. The Special Rapporteur is firmly convinced that the relevant international legal instruments are but imperfect tools for dealing with the issue of mercenaries.

Furthermore, earlier General Assembly resolutions recommended that expert meetings be held to study the question of mercenaries in greater depth and come up with proposals for greater legal clarity with regard to the prevention and punishment of mercenary activities.

It is precisely the existence of loopholes and legal ambiguities that has facilitated the use of mercenaries and of companies engaged in mercenary activities, without any effective legal action being taken against those who hire mercenaries or against mercenaries themselves.

Here too, the intent to employ mercenaries or to turn an individual into a mercenary is obvious.

I have the honour to inform you, Sir, that as far as the Government is concerned, the question of mercenaries is no longer a problem in Angola.

Could and should more be done to fashion regional solutions to cross border problems (e.g. mercenaries, including child soldiers in West Africa) ?

Lack of mechanisms to monitor the application of the laws governing the legal minimum age of employment and the protection of children in labour matters

(d) To study and identify emerging issues, manifestations and trends regarding mercenaries or mercenary related activities and their impact on human rights, particularly on the right of peoples to self determination

An expert framed the issue of mercenaries from a structural perspective concerning the position of the military vis à vis the State.

It was regrettable that the expert group which should have studied the issue of the mercenaries had not been able to meet owing to lack of financial resources since, in her opinion, the fact that mercenaries occasionally took foreigners as hostages made the issue one of international concern.

Of course, these are hypothetical situations arising out of the changing reality of traditional mercenary activities and their partial replacement by private security companies specializing in military matters.

In that context, a regional agreement on the regulation of mercenarism had also been proposed.

(c) To consult widely with intergovernmental actors and NGOs on the new definition

There was a need to look at how emerging legislation in Africa could relate to combating mercenarism.

94. The Special Rapporteur should point out that attitudes appear to be changing towards the mercenary issue, which, it should be noted, has been vigorously and repeatedly condemned by the United Nations.

This puts the international community in a situation where consideration of the issue should also include the need to review and update international legislation on mercenary activities.

Mr. Welch also indicated that South Africa was not a party to any international instrument on mercenaries.

Resort to a range of offences for which mercenaries could be held liable under criminal law codes pointed to the absence of specific legal measures on mercenaries.

Furthermore, no provision is usually made for the extradition of mercenaries, and this makes it easier for them to commit crimes with impunity.

That could provide a loophole for mercenaries.

B. International legislation and changes in mercenary activities

Who hired you for this?

117. Because mercenary activities and the conduct of the mercenary himself can seriously impair the enjoyment of human rights, the self determination of peoples, the stability of constitutionally established Governments and international peace and security, mercenary activities and the mercenary career must be clearly and unequivocally banned.

Article 16 deals with the responsibility of legal persons for crimes committed on their behalf and in their interest by any of their employees, with whom such legal persons shall be jointly and severally responsible in respect of financial penalties imposed.

Reaffirms that the use of mercenaries and their recruitment, financing and training are causes for grave concern to all States and violate the purposes and principles enshrined in the Charter of the United Nations

Any legislation on mercenaries must incorporate more of the progressive features of international legislation and seek to improve the current definition in the Convention.

53. In the light of the foregoing, the Special Rapporteur maintains that the relevant international legal instruments are but imperfect tools for dealing with the issue of mercenaries.

With particular regard to Afghanistan, mercenaries fell into several categories, including those working for private companies, those in the pay of warlords, and those involved in drug trafficking in the highly lucrative illegal poppy cultivation market.

III. MERCENARY ACTIVITIES

The Economic and Social Council, taking note of Commission on Human Rights resolution 2005 of April 2005, endorses the Commission's decision to establish a working group on the use of mercenaries as a means of impeding the exercise of the right of peoples to self determination, to be composed of five independent experts, one from each regional group, to meet intersessionally for a period of three years, with the following mandate

The globalized nature of mercenarism had also led to connections between regions, however.

The international legal instruments that serve as a framework for the consideration of the question are imperfect and contain gaps, inaccuracies, technical defects and obsolete terms that allow overly broad interpretations to be made in order to prevent persons who are in fact nothing but mercenaries from being classified as such.

The fact that a Government hires mercenaries, or specialized firms providing mercenary services, to defend it and to strengthen its position in an armed conflict must not be invoked to claim that such acts are legal.

From a legal perspective, there is some difficulty with the notion of self determination as contained in the preamble to the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, insofar as there may be a contradiction by defining a mercenary as a person recruited for the purpose of denying self determination in and also undermining the territorial integrity of a State.

An individual who really was, in practice, a mercenary could, for instance, invoke some of these flawed legal criteria to avoid being characterized as such.

The third expert meeting on mercenaries was held from 6 to 10 December in Geneva.