Parliament+approves+mercenaries+bill,+Sapa+and+Business+Day

Business Day, Johannesburg, 29 August 2006
=Parliament approves mercenaries bill=


 * Sapa**

LEGISLATION placing a ban on any form of South African involvement in mercenary activities was approved in the National Assembly today.

The Prohibition of Mercenary Activities and Regulation of Certain Activities in a Country of Armed Conflict Bill was opposed by the Democratic Alliance and Freedom Front Plus, but not because they supported mercenary activities.

Introducing debate on the measure, Defence Minister Mosiuoa Lekota said mercenaries were the scourge of poor areas of the world, especially Africa.

"These are killers for hire. They rent out their skills to the highest bidder, regardless of the political agenda," he said.

Anybody with money - an individual or a syndicate - could hire them and turn them into "killing machines or cannon fodder".

Some governments, not imbued with a human rights culture or tradition, by-passed the will of their own people by employing citizens of poorer countries and using them to achieve their own objectives.

Mercenaries had directly impacted in one way or another in conflicts all over Africa, keeping the political balance in favour of their paymasters and subverting democracy and good governance in general.

Advances in technology had resulted in an increasing need for highly skilled military personnel, and subsequent emergence of a global trade in hired military services over the past two decades.

These private military or security firms had now assumed greater roles in conflict areas, such as Iraq, guarding installations, delivering logistical supplies, operating aircraft, and providing medical support.

The function of this relatively new industry raised a range of concerns.

Human rights abuses had been committed by some firms, and in many instances, their operations had led to increased internal tensions and sometimes even military coups.

"These firms, falling as they do outside [of government], are not regulated by international law. Nor are they accountable to international bodies," Lekota said.

The potential for abuse was high and there were serious concerns that the industry’s position in the legal sphere remained ambiguous.

"Thus, regulation at national level offers the hope of both superior legal definition and enforcement."

SA was concerned that its citizens in foreign militaries could be involved in wars in contravention of international law and of South African foreign policy objectives, damaging SA’s reputation.

The SA National Defence Force could at some stage be confronted by foreign forces containing South African citizens.

"This possibility is not as remote as it might seem, more especially in peacekeeping operations," he said.

Therefore, regulation would help set standards for the industry and help establish an acceptable and vibrant industry.

"There is no reason why this industry that provides essential services in the defence sector should be associated with dark and sinister forces," Lekota said.

The Democratic Alliance, while supporting a ban on mercenary activities, opposed the bill’s passage.

The DA’s Roy Jankielsohn said, though the bill attempted to ban mercenary activities, it also restricted humanitarian organisations, individuals and companies involved in delivering services and assistance abroad, as well as individuals enlisted in the armed forces of foreign states.

"The extent to which the bill affects individuals who are not mercenaries make the legislation principally and perhaps even constitutionally flawed," he said.

After pressure on white senior officers to resign from the defence force, government was passing legislation that would restrict individuals who did resign from using their skills in other countries.

The economic impact of the legislation could not be ignored.

"Individuals rendering security services or working in foreign defence forces just want to do what they cannot do in SA, namely support themselves and their families.

"Their futures now depend on the decisions of the National Conventional Arms Control Committee (NCACC), which is a body of ANC politicians," he said.

The Inkatha Freedom Party’s Velaphi Ndlovu supported the bill, saying it was intolerable that South African citizens "are creating havoc around the world, destabilising legitimate regimes, propping up illegitimate others, and generally playing a destructive role in world affairs".

SA’s standing as an honest broker in world affairs, its foreign policy and aspirations to be a leading player in African and world affairs were all seriously compromised by the behaviour of some of citizens.

"That is why we undoubtedly need anti-mercenary legislation," Ndlovu said.

Among other things, the bill puts a complete ban on mercenary activities.

It requires companies or individuals wanting to render military assistance or security services to any party to an armed conflict to obtain permission from the National Conventional Arms Control Committee (NCACC).

South Africans are banned from enlisting in foreign armed forces, unless authorised by the NCACC. Humanitarian assistance organisations need to register with the NCACC.


 * From: http://www.businessday.co.za/articles/topstories.aspx?ID=BD4A259921**

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