Background

Pursuant to Human Rights Council resolutions 54/3 and 57/8, the United Nations Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the rights of peoples to self-determination (hereinafter the Working Group) is mandated to identify and monitor mercenaries and mercenary-related activities in all their forms and manifestations, across the globe, with a view to assessing their impact on the enjoyment of human rights, particularly on the rights of peoples to self-determination. It is also mandated to ensure that private military and security companies in State territories operate under contractual obligations, monitoring and controls that comply with national laws, and relevant international humanitarian and human rights obligations.

Twice a year, the Working Group on the use of mercenaries issues calls for inputs to inform its thematic reports to be presented at the Human Rights Council in September and at the UN General Assembly in October/November.

The Working Group intends to dedicate its next thematic report on the role of mercenaries, mercenary-related actors and private military and/or security companies (PMSCs) in the exploitation of natural resources.

Control and/or access over natural resources drive most armed conflicts in the contemporary period. To date, numerous actors including State entities, transnational companies, especially those engaged in the exploitation of natural resources, may encourage the presence of mercenaries, mercenary related actors or PMSCs, either to protect their infrastructures, repress local civil populations or support the armed group that best serves the company’s interests.

Mercenaries, mercenary related actors and PMSCs play complex roles in exploitation and/or protection of natural resources. As the scope of actors is diverse, their connections to the resources and the focus of activities vary as well. For instance, mercenaries, mercenary-related actors and PMSCs are mainly involved in exploitation and transfer of the natural resources, as a means of payment for their services. They are hired by companies or governments to protect installations, support armed groups, or suppress local resistance. Their operations often involve other actors, state and non state, who would help them in transformation of the raw minerals and materials, transportation and distribution.

Their presence can exacerbate undue pressure and imbalance in power dynamics on local populations When local populations oppose to defend their land, natural resources and environmental rights, they are often subjected to gross human rights violations, including violations of the right to life; right to self-determination; rights to racial equality and to be free from discrimination; to health and a healthy environment; to water; to free speech and assembly; to participate in political processes; and to just and favourable working conditions. The existing international and national legal framework to regulate businesses does not seem to be efficient in addressing corporate-involved human rights abuses, including ensuring accountability and effective remedy for victims and survivors.

Furthermore, PMSCs are frequently employed by extractive industries to protect assets and personnel. They provide security services in complex and often opaque arrangements, with variations across regions and operations. While they can help maintain order and protect resources, their involvement has also been associated with serious human rights abuses and violations. The lack of accountability and transparency in their operations can lead to abuses and hinder efforts to achieve justice for victims.

The inherent lack of transparency surrounding the contracting of mercenary related actors (i.e. through bilateral agreements and memorandum of understandings), and their use in collaboration with domestic groups results in difficulties in identifying the chain of command and attribute responsibilities when abuse of the human rights occurs.

In the past, the Working Group has addressed such challenges sporadically in the reports and communications.^[1.1] Even though the Working Group reported on the connection between mercenaries, mercenary related actors, and PMSCs and the exploitation of natural resources, dynamics surrounding these relationship has significantly evolved and expanded since, and has become more prominent.

Moreover, the growing pressure for increase of exploitation of critical and other minerals and materials, increase the probability to increase of abuse of the human rights, disrespect of the rule of law and hinder development of local populations.

On this basis, the Working Group would thus like to analyze in detail the actors, channels and means involved in exploitation and protection of natural resources, related to mercenaries, mercenary related and PMSCs. The Working Group will formulate concrete, time-bound and actionable human-rights based recommendations aiming to combat this phenomenon and ensure the international human rights and humanitarian protection of all affected civilian populations in this context.

The Working Group also notes that the extractive industry constitutes an important client base for PMSCs and has been associated with allegations of serious human rights abuses and violations for many years.

Objectives

The Working Group is particularly interested in collecting information about:

i. Identifying the patterns and nature of the involvement of mercenaries, mercenary-related actors and PMSCs in the exploitation and use of natural resources in various regions. More specifically, who are facilitators and enablers in the exploitation and use of natural resources in various regions? How do they facilitate those processes?

ii. Document Cases including Testimonies from victims, survivors, affected communities and regions on human rights violations arising from involvement of mercenaries, mercenary related actors or PMSCs in resource extraction industries
or practices.

iii. Legal and Ethical Challenges: Limitations of the regulatory frameworks or lack thereof concerning the actions of mercenaries, mercenary-related actors or PMSCs in resource extraction industries or practices.

Key questions and types of input/comments sought

The Working Group is conscious of gaps in information of which mercenarism operates remain, particularly with regard to some regions and other social factors such as gender, sex, race, ethnicity, language, Indigenous identity, disability, sexual orientation, gender identity, religion, social status, place of origin and immigration status.

The Working Group welcomes submissions from States, civil society organizations, academics, international and inter-governmental organizations, national human rights institutions, private companies, individuals, and any other concerned actors.

The Working Group welcomes any information deemed pertinent to the topic, and is particularly interested in the issues mentioned below. In addressing the thematic issues below, please provide to the extent available, examples, illustrations of good or bad practices, and recommendations that you consider important in the context of this call for inputs, as well as any analysis on future developments in this area.

While all submissions are welcome and the questions below are not meant to be exhaustive, the Working Group would be grateful for comments that address topics, including:

Modes of involvement of mercenaries, mercenary related actors and PMSCs in exploitation and protection of natural resources:

• To what extent are States involved in using mercenaries, mercenary related actors and PMSCs to exploitation or protection of natural resources?

• Who are other non-state clients of mercenary related actors and PMSCs related to extraction or protection of natural resources?

• How do States and other clients pay for the services of mercenaries and related actors in context of exploitation or protection of natural resources?

• What kind of services these actors provide while engaged in exploitation or protection of the natural resources?

• How PMSCs are engaged in exploitation or protection of the natural resources? Who are their clients? Which other actors are involved in the process of securing locations?

Overview of the contexts in which exploitation of natural resources by mercenaries, mercenary related actors and PMSCs is connected to root causes and overall challenges:

• How are these actors connected to overall security situation in surround areas? What are their contributions to the situation?

• What is the impact of mercenary, related actors and PMSCs in such context on local population and respect of human rights?

• Who are the enablers and/or intermediaries in the process of exploitation of natural resources related to mercenary, mercenary-like activities and activities of PMSCs? What is their role?

Challenges encountered and human rights violations perpetrated in this context:

• What are the legal and regulatory challenges around regulation of use of those actors in exploitation and protection of natural resources?

• What challenges are observed in implementation of the regulation, on one side related to prohibiting mercenarism and on other related to regulation of PMSC in such settings? Can good practices be observed?

• What are the challenges of accountability over mercenaries, mercenary-related actors and PMSCs in the extraction, exploitation and utilisation of natural resources?

• To what extent do these challenges stem from and what type of action should be taken to mitigate these challenges:

   - Gaps or inadequacies in the domestic, regional or international legal framework;

   - Government institutions e.g., ineffective enforcement, lack of independence, lack of capacity, corruption, lack of political will, independence of the judiciary;

   - Broader business environment e.g., lack of voluntary guidelines or industry standards, deregulation/pro-business attitude by governments, unequal bargaining power for affected communities;

   - Businesses themselves e.g., focus on profits over rights, lack of interest in consulting local communities, willingness to leverage government corruption; and

   - Any other factors.

• What are the human rights implications of the activities of mercenaries, mercenary related actors and PMSCs in the extraction, exploitation, and utilisation of natural resource(s), including on local civilian populations?

Accountability and access to justice and remedy for victims, survivors and local populations:

• Has any State been held accountable for using mercenaries, mercenary related actors and PMSCs for exploitation of natural resources and resulting abuse of human rights?

• Are there examples of persons or organisations being held accountable or prosecuted for mal practices?

• What challenges can be identified in the process of holding states and actors responsible for such practices?

• What is the role of other organisations to help improve accountability? What measures or actions would you recommend that States, businesses and individuals take to enhance the promotion and protection of human rights of local civilian populations?

• Are there successful cases where local communities or State have reestablished control and access to natural resources so that their exploitation benefits the larger community as opposed to benefitting predatory actors? i.e. any good practices?

• Please provide any other relevant information that would assist the Working Group in the preparation of this report.

How inputs will be used?

All submissions will be posted on the mandate’s website. Should you wish to maintain confidentiality of your submission, kindly clearly indicate it at the moment of submission.

1.1. See A/HRC/42/42 and TZA 1/2024.