General Assembly

Distr. GENERAL  

16 December 1992

ORIGINAL:
ENGLISH

 
                                                A/RES/47/84
                                                89th plenary meeting
                                                16 December 1992
 
      Use of mercenaries as a means to violate human rights and to
   impede the exercise of the right of peoples to self-determination
 
     The General Assembly,
 
     Recalling its resolution 44/34 of 4 December 1989 on the International
Convention against the Recruitment, Use, Financing and Training of Mercenaries
and its resolutions 45/132 of 14 December 1990 and 46/89 of 16 December 1991
on the use of mercenaries as a means to violate human rights and to impede the
exercise of the right of peoples to self-determination,
 
     Reaffirming the purposes and principles enshrined in the Charter of the
United Nations concerning the strict observance of the principles of sovereign
equality, political independence, territorial integrity of States and
self-determination of peoples,
 
     Urging strict respect for the principle of the non-use or threat of the
use of force in international relations, as developed in the Declaration on
Principles of International Law concerning Friendly Relations and Cooperation
among States in accordance with the Charter of the United Nations,
 
     Reaffirming the legitimacy of the struggle of peoples and their
liberation movements for their independence, territorial integrity, national
unity and liberation from colonial domination, apartheid and foreign
intervention and occupation, and that their legitimate struggle can in no way
be considered as or equated to mercenary activity,
 
     Convinced that the use of mercenaries is a threat to international peace
and security,
 
     Deeply concerned about the menace that the activities of mercenaries
represent for all States, particularly African and other developing States,
 
     Profoundly alarmed at the continued international criminal activities of
mercenaries in collusion with drug traffickers,
 
     Recognizing that the activities of mercenaries are contrary to the
fundamental principles of international law, such as non-interference in the
internal affairs of States, territorial integrity and independence, and impede
the process of the self-determination of peoples struggling against
colonialism, racism and apartheid and all forms of foreign domination,
 
     Recalling all of its relevant resolutions in which, inter alia, it
condemned any State that permitted or tolerated the recruitment, financing,
training, assembly, transit and use of mercenaries with the objective of
overthrowing the Governments of States Members of the United Nations,
especially those of developing countries, or of fighting against national
liberation movements, and recalling also the relevant resolutions of the
Security Council, the Economic and Social Council and the Organization of
African Unity,
 
     Deeply concerned about the loss of life, the substantial damage to
property and the short-term and long-term negative effects on the economy of
southern African countries resulting from mercenary aggression,
 
     Convinced that it is necessary to develop international cooperation among
States for the prevention, prosecution and punishment of such offences,
 
     Welcoming again the adoption of the International Convention against the
Recruitment, Use, Financing and Training of Mercenaries,
 
     1.   Takes note with appreciation of the report of the Special Rapporteur
of the Commission on Human Rights;
 
     2.   Condemns the continued recruitment, financing, training, assembly,
transit and use of mercenaries, as well as all other forms of support to
mercenaries, for the purpose of destabilizing and overthrowing the Governments
of African States and of other developing States and fighting against the
national liberation movements of peoples struggling for the exercise of their
right to self-determination;
 
     3.   Reaffirms that the use of mercenaries and their recruitment,
financing and training are offences of grave concern to all States and violate
the purposes and principles enshrined in the Charter of the United Nations;
 
     4.   Notes with serious concern the use by the Government of South Africa
of groups of armed mercenaries against national liberation movements;
 
     5.   Denounces any State that persists in, permits or tolerates the
recruitment of mercenaries and provides facilities to them for launching armed
aggression against other States;
 
     6.   Urges all States to take the necessary steps and to exercise the
utmost vigilance against the menace posed by the activities of mercenaries and
to ensure, by both administrative and legislative measures, that the territory
of those States and other territories under their control, as well as their
nationals, are not used for the recruitment, assembly, financing, training and
transit of mercenaries, or for the planning of activities designed to
destabilize or overthrow the Government of any State and to fight the national
liberation movements struggling against racism, apartheid, colonial domination
and foreign intervention or occupation;
 
     7.   Calls upon all States to extend humanitarian assistance to victims
of situations resulting from the use of mercenaries, as well as from colonial
or alien domination or foreign occupation;
 
     8.   Reaffirms that to use channels of humanitarian and other assistance
to finance, train and arm mercenaries is inadmissible;
 
     9.   Calls upon all States that have not yet done so to consider taking
early action to accede to or to ratify the International Convention against
the Recruitment, Use, Financing and Training of Mercenaries;
 
     10.  Requests the Special Rapporteur of the Commission on Human Rights to
report to the General Assembly at its forty-eighth session on the use of
mercenaries, especially in view of the additional elements highlighted in his
report.