Andrés Macías Tolosa, TUFS alumni, Joins UN Working Group to Address Mercenary-related Human Rights Violations
世界にはばたく卒業生
Andrés Macías Tolosa, MA and PhD alumni of the Peace and Conflict Studies Program, is now a distinguished Professor and Researcher at the Universidad de Externado Colombia. His academic journey and research focus have positioned him as a leading figure in the fields of peacebuilding, armed conflicts, and public policy. Recently, he has been appointed as a member of the United Nations Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of people’s self-determination.
Interview by Sofía Huerta, doctoral student concentrating on Peace and Conflict Studies, Graduate School of Global Studies
What is UN Working Group on Mercenaries?
--------Thank you very much, Andres, for being here with us today. It’s very exciting to know that you got appointed as a new member of this working group. Let us start by asking you, what is the purpose of the mandate of this working group and what makes the issue of the mercenaries a pressing global concern today.
Well, it’s a very interesting point to start our discussion. The Working Group on Mercenaries was established by the United Nations in response to growing concerns about mercenary activities around the world, particularly in the 1960s and 1970s in Africa. Mercenaries were individuals fighting in hostilities without being part of a regular army's chain of command at a time when there were no global prohibitions against their actions. They were later regulated under international law, particularly through the Additional Protocols to the Geneva Conventions, which stated that mercenaries would not have the same rights as lawful combatants, such as prisoner of war status. Eventually, in 2001, the International Convention against the recruitment, use, financing and training of mercenaries entered into force. Despite the legal measures, the definition is still very narrow and easy to overcome, making it easy for similar activities to persist. This has been exacerbated by the rise of private military and security companies, especially after the Cold War. Although these companies do not fit the legal definition of mercenaries, in some cases they operate in a similar manner, but as regulated entities with legal contracts and tax obligations. In this sense, the scope of this working group is now not only referred to mercenaries but also to mercenary-related activities. Mercenary, Mercenary-related activities, and private military and security companies are the figures under the mandate of the UN Working Group.
-------We understand that the definition is very narrow. But can you give us a clearer definition of what is a Mercenary?
According to the UN Convention against Mercenaries, five elements apply to a mercenary. Firstly, it is stated that a Mercenary is a person, not a company or organization. A mercenary may be recruited locally or outside the territory where the hostilities are taking place. They must be recruited to fight or to be part of the hostilities, or even to undermine the territorial integrity of a state. Another aspect and maybe the main and obvious definition of what a mercenary is, is that there has to be a financial gain or material motivation. This financial gain must be equal to or superior to the salary of a soldier or combatant of the parties involved. So, if they are paid a bit less, then they would not fit the definition of a mercenary. The last characteristic is that this actor may not be part of the regular army of a state, nor been sent by another State on official duty.
-------Considering the current armed conflicts in Latin America, which may not fit the traditional “conflict” definitions established by the Geneva Conventions or the United Nations, how does the concept of mercenaries apply in these situations? Specifically, how are mercenaries defined and treated in the context of these non-traditional conflicts?
This is part of the complicated issue of the definition of a mercenary, which is why the Working Group on Mercenaries has expanded its scope to include mercenary-related activities and the operation of private military and security companies. The group's mandate allows the inclusion of actors who are not necessarily involved in clear conflicts, comprising any mercenary activities that could undermine human rights or affect the right to self-determination. The working group’s responsibilities include at least two annual documents for the Human Rights Council and the United Nations General Assembly. These reports cover a variety of topics that are not confined to armed conflicts, such as the global transfer of arms and the involvement of mercenary actors in the protection or exploitation of natural resources.
------Why is the right to self-determination is central to the working group’s focus?
Andres: The right to self-determination is central to the Working Group’s focus because of the potential impact that mercenaries, mercenary-related activities and private military and security companies can have on communities’ autonomy and governance. For example, a private military company might establish control over a territory, restricting the local community from engaging in their cultural practices. In such cases, the private company could effectively replace the state’s role, which should be the one granting and respecting the community’s right to self-determination. In this sense, the presence and activities of these actors, often with military capabilities exceeding those of some states, can severely impact human rights and self-determination.
SofíaAndres’s journey in Japan and how it led to his current position at UN
------And then, how were you appointed to the working group and what are our main responsibilities now?
These working groups comprise what the UN system defines as experts. Lately, the selection process has focused on appointing academics in order to provide the Working Group with a different focus to approach its analyses and reports. At this moment, the group is composed of five members, each representing different regions of the world. Members serve a three-year term, which can be extended for another three years. In my case, I was appointed after the previous representative of Latin America and Caribbean states had to stop his role due to another appointment. The selection process involved an open call for proposals and an interview with some of the members of the Human Rights Council. They valued academic publications related to private military and mercenaries, and knowledge about the Human Rights Council’s work and the protection of human rights within the UN system. I officially started my mandate on November 1st, 2024.
The Working Group must meet three times a year, twice in Geneva and once in New York. During these reunions, we will have meetings with various actors, including civil society organizations, member states, and other stakeholders, to hear demands regarding possible violations of human rights conducted by mercenaries or mercenaries-related activities. There are also two thematic reports per year, one presented to the General Assembly and another to the Human Rights Council. Additionally, the Working Group conducts up to two country visits per year to assess how countries are dealing with mercenary-related activities and human rights protections.
It is important to point out that given that the role is voluntary, all of us have our usual jobs in different parts of the world. So, we try to coordinate our schedules with our job commitments and the working group duties.
------I’m going now to ask questions related to your journey in Japan and at the PCS program. So, why did you choose Japan and PCS?
Well, it started with the MEXT scholarship which I applied for in Colombia. My main interest at that moment in my life was Peace and Conflict Studies, and I happened to see this program on the list of programs I could study under the MEXT scholarship. My first plan was to do the master’s and return to Colombia. But my stay in Japan was very interesting and positive in any way possible, both in a personal way and academic/professional way. There was a possibility of continuing my studies funded by the MEXT scholarship by doing the PhD; I decided to grasp that possibility. I found a very interesting topic which was precisely the privatization of security and the role of private military and security companies in armed conflicts, and with the support of Prof. Kenji Isezaki who guided me throughout my PCS years, I decided to stay at PCS. This became a great experience that I never regretted and, on the contrary, I would highly recommend it to fellows and students to take advantage of.
------How do you think that experience at PCS and TUFS shaped your career for this role in the Working Group?
Well, doing a PhD in Japan created a new path in my professional career. When I arrived in Japan, I had no interest in becoming a part of academia. But after the master’s and the beginning of my PhD, I saw the academic community as a very interesting career path. In 2011, the Tsunami hit Japan and created a huge crisis in many ways. As I was already in my second year of the PhD, I decided to return to Colombia to conduct my field research. During that time, I had an opportunity to visit my home university, and they became very interested in my profile and invited me to be part of the faculty.
As for my PhD topic, I first studied private military companies in Colombia, but all the information around that issue was strictly confidential. So, I shifted a bit to private security companies and the impact of the industry in the country. After returning to Colombia, I continued researching and publishing on this topic which represented a huge first step to being part of the working group to which I am appointed now.
------What are your main goals in the working group, and what impact do you hope to make on a journey?
Well, within the working group, I think that there's an immediate goal, and it's to try to widen or strengthen the scope or the view of the working group on Latin America. While much of the focus has traditionally been on African and Asian contexts, where private military and security companies are often linked to armed conflicts and human rights violations, I believe that Latin America also deserves attention. There is a lot of violence in which these private actors may also have a big impact, and I want to ensure the working group addresses these issues as well.
Another objective is to promote stronger regulation of private military security companies around the world. While some of these companies offer important services that countries rely on, without regulation, these companies can potentially engage in human rights violations. I hope that during my work with the group, we can promote the adoption of a regulatory framework that holds these companies accountable and guarantees their operations contribute positively to society.
------To finish up the interview, what advice would you give to the students who are aspiring to work in human rights, peace and conflict?
When I was a student at PCS, there is a huge opportunity that not many of my MA colleagues took advantage of at that moment, which was to participate in academic conferences in Japan and abroad. It may be challenging to stand in front of academics, trying to explain what your research is about. Nevertheless, it helps you to exchange ideas and to realize that your topic might be very interesting and novel for many people. Besides that, creating a lot of academic networks during these conferences is very interesting and beneficial. Funding is sometimes an issue, but I really encourage these interactions with other academic networks.
Sofia’s impression of the interview
It was a very interesting interview. I am amazed to see how scholars who have followed a similar path to ours are now engaging in exciting opportunities like being appointed to a UN Working Group. It is inspiring to witness how academic experience can be translated into practical and impactful work on global issues, especially in regions where specific issues are beginning to be acknowledged as serious human rights violations. This conversation highlights the value of academic knowledge in shaping international policy and driving change.
