UN Human Rights Council 
60^th session – Item 3

L.3 – Explanation of Vote

The use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination

EU Explanation of Vote

Thank you, Mr. President

I have the honour to speak on behalf of the EU Member States that are members of the Human Rights Council. This explanation of vote has been agreed by the EU as a whole. 

The EU engaged openly with the Mission of Cuba. We appreciate that the resolution was a technical rollover. 

To date, this resolution still confuses the actions of mercenaries, which are clearly defined under the international humanitarian law, with the activities of private military and security companies, the activities of which are lawful and advisable in certain circumstances. Further, the mandate of the WG overlaps with the intergovernmental working group (IGWG) on PMSCs as well as with other Special Procedure mandate holders (e.g. WG on Business &Human Rights), and this results in an inefficient allocation of already limited resources. 

The EU regrets that Cuba did not consider our proposals to modify the Working Group’s mandate to clearly focus on mercenaries and mercenary-related activities, and phasing out the Working Group through the appointment of an UN Independent Expert (IE). If these proposals had been implemented they would have helped to ensure greater conceptual clarity in the text, and the mandate to be more effective.

For the above mentioned reasons, the EU cannot support resolution L. 3. The EU will call for a vote and the EU Member States that are members of the Human Rights Council will be voting against. 

I thank you, Mr. President.