TNAG-1022-FCO40-1272-Relations-between-Hong-Kong-and-the-United-Nations-1981 — Page 91

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CONFIDENTIAL

MERCENARIES

1. British Government spokesmen have repeatedly condemned the activities of mercenaries, in Angola and elsewhere, particularly in Africa. We have recognized that their activities often contri- bute to the deterioration rather than the solution of international problems. The involvement of foreign mercenaries can, for instance, make disputesmore difficult to settle by introducing extraneous international complications. However, we lack effective legisla- tion to prevent recruitment in this country: the Foreign Enlistment Act 1870 is likely to be unenforceable in the circum- stances in which this type of mercenary is employed; and have no powers to prevent people leaving the country with the undeclared intention of enlisting as mercenaries overseas. In the aftermath of the events in Angola in early 1976, a Committee of Privy Councillors under Lord Diplock was set up by the Prime Minister. The Report was published in August 1976. It has been given careful consideration by Government. There are no present plans to legislate.

2.

In any conversation, it is important to draw attention to the problems of definition. Persons serving in the regular armed forces of foreign states, such as the Gurkhas in the British Army and British personnel serving with other armed forces overseas on loan or contract, eg in Oman, are widely accepted as legitimate. Mercenaries fighting for a party to a civil war are, on the other hand, frequently criticised. But neither sort of activity is an offence under international law.

3. The problem of finding an internationally accepted legal defini- tion of, and sanction against, culpable mercenary activity is, therefore, considerable. We have participated fully in the first session of the Ad Hoc Committee, established at the 35th Session of the General Assembly (1980), to draft an International Convention against the 'Recruitment, Use, Financing and Training of Mercenaries', This was the result of an initiative by Nigeria which had previously been instrument al in the finalisation of the OAU Convention on Mercenaries. At this first session, there were initial exchanges on the definition of the term 'mercenary and on the content of a possible international convention. The complexity of the problem. suggests that several years work will be required if a Convention is to emerge in a form acceptable to Western countries.

4.

If a Convention is finalised and adopted by the General Assembly,

It is it would be open for signature and subsequent ratification. UK policy not to sign an international Convention unless we have the intention of ratifying it in due course. Ratification by HMG would pre-suppose that United Kingdom domestic law was in a shape which would permit compliance with the terms of the Convention.

United Nations Department

23 June 1981

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CONFIDENTIAL