A/RES/41/102 GA

166 General Assembly-Forty-first Session tergovernmental and non-governmental organizations have been requested to submit. 97th plenary meeting 4 December 1986 41/102. Use ofmercenaries as a meaos to violate human rights and to impede the exercise of the right of peoples to self-determination The General Assembly, Bearing in mind the need for strict observance of the principies of sovereign equality, political independence, territorial integrity of States and self-determination of peoples, as well as scrupulous respect for the principie of the non-use or threat ofthe use offorce in intemational re- lations, enshrined in the Charter of the United Nations and developed in the Declaration on Principies of Interna- tional Law concerning Friendly Relations and Co- operation among States in accordance with the Charter of the United Nations,40 Reaffirming the legitimacy of the struggle of peoples and their liberation movements for their independence, ter- ritorial 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, Deeply concerned about the increasing menace that the activities of mercenaries represent for ali States, particu- larly African, Central American and other developing States, Recognizing that mercenarism is a threat to interna- tional peace and security, Recognizing also that the activities of mercenaries are contrary to fundamental principies of international law, such as non-interference in the internal affairs of States, territorial integrity and independence, and seriously im- pede the process of self-determination of peoples strug- gling against colonialism, racism and apartheid and ali forms of foreign domination, Recalling ali of its relevant resolutions, particularly resolution 40/74 of 11 December 1985, in which it de- nounced the practice of using mercenaries, in particular against developing countries and national liberation movements, Recalling also Security Council resolutions 239 (1967) of 10 July 1967, 405 (1977) of 14 April 1977, 419 (1977) of 24 November 1977, 496 (1981) of 15 December 1981 and 507 (1982) of 28 May 1982, in which the Council, in- ter alía, condemned any State that persisted in permitting or tolerating the recruitment of mercenaries, and the provision of facilities to them, with the objective of over- throwing the Governments of States Members of the United Nations, Welcoming the adoption by the Economic and Social Council of resolution 1986/43 of 23 May 1986, in which the Council condemned the increased recruitment, financ- ing, training, assembly, transit and use of mercenaries, Reaffirming its decision, in its resolution 32/130 of 16 December 1977, to accord priority to the search for so- lutions to the mass and flagrant violations ofhuman rights of peoples and persons affected by situations such as those resulting, in ter alía, from aggression and threats against national sovereignty, national unity and territorial integ- rity, 40 Resolution 2625 (XXV), annex. Recalling the relevant resolutions of the Organization of African Unity and the convention adopted by the Assem- bly of Heads of Sta te and Government of the Organization of African Unity at its fourteenth ordinary session, held at Libreville from 2 to 5 July 1977,41 condemning and out- lawing mercenarism and its adverse effects on the indepen- dence and territorial integrity of African States, Deeply concerned at the loss of life, substantial damage to property and long-term negative effects on the economy of southern African countries resulting from mercenary aggression, Strongly condemning the racist régime of South Africa for its increasing use of groups of armed mercenaries against national liberation movements and for the de- stabilization of the Governments of southern African States, 1. Condemns the increased recruitment, financing, training, assembly, transit and use of mercenaries, as well as ali other forms of support to mercenaries for the pur- pose of destabilizing and overthrowing the Governments of southern Africa and Central America and of other de- veloping States and fighting against the national liberation movements of peoples struggling for the exercise of their right to self-determination; 2. Denounces any State that persists in the recruit- ment, or permits or tolerates the recruitment, of merce- naries and provides facilities to them for launching armed aggression against other States; 3. Calls upan ali States to exercise the utmost vigilance against the menace posed by the activities of mercenaries and to ensure, by both administrative and legislative mea- sures, that the territory of those States and other territo- ries under their control, as well as their nationals, are not used for the recruitment, assembly, financing, training and transit of mercenaries, or the planning of such 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 and occupation for their indepen- dence, territorial integrity and national unity; 4. Urges ali States to take the necessary measures un- der their respective domestic laws to prohibit the recruit- ment, financing, training and transit of mercenaries on their territory; 5. Calls upan all States to extend humanitarian assis- tance to victims of situations resulting from the use of mercenaries, as well as from colonial or alien domination or foreign occupation; 6. Takes note of Economic and Social Council resolu- tion 1986/43, in which the Council urged the Commission on Human Rights to appoint a special rapporteur on this subject with a view to preparing a report for consideration at the forty-fourth session of the Commission; 7. Decides to pay due attention to the matter at its forty-second session under the item entitled "lmportance of the universal realization of the right of peoples to self- determination and of the speedy granting of independence to colonial countries and peoples for the effective guaran- tee and observan ce of human rights". 41 See A/32/310, annex 11. 97th plenary meeting 4 December 1986

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