Towards the revision of the 1977 Organisation of African Unity/African Union Convention on the Elimination of Mercenarism in Africa

The revision of the 1977 Organisation of African Unity's Convention on the Elimination of Mercenarism in Africa (Mercenary Convention) is now long overdue. The existence of the Mercenary Convention has over the years failed to eliminate mercenarism in Africa, among others as a result of the manner in which it defines a ‘mercenary’. The problem is exacerbated by the rapid growth of the private security sector in the form of the private military/security company (PMSC), which to a large extent arguably represents a new form of ‘mercenary’ outfit that is technically not covered by the Mercenary Convention. Because the Mercenary Convention was adopted during a different epoch in African history there is now a need to take stock of its successes and failures and determine how it can best be revised to address the new security challenges in Africa. In this contribution the need for the revision of the Mercenary Convention is discussed. Given the difficulties and challenges presented by the Mercenary Convention, the contribution advocates the drafting of two conventions, one focusing on the regulation of PMSCs and the other focusing on the elimination of mercenarism in Africa.