A/HRC/24/45 38. The laws related to PMSCs in other countries are applicable only at the domestic level and do not regulate the provision of military or security services abroad. In particular, the laws do not prohibit PMSCs from engaging in certain activities, such as direct participation in hostilities. This is the most critical gap, considering the growing role of PMSCs in armed conflicts, post-conflict and in low-intensity armed conflict situations. 3. Entities that control or regulate the private security actors 39. In a number of countries such as the Gambia, Nigeria and Zimbabwe, the entities and individuals that control and/or regulate the private security industry are appointed by and exist within the ministry responsible for internal security, such as the Ministry of Home Affairs or the Ministry of Interior. In the case of Nigeria, for example, the responsible official for private security is an officer within the Ministry of Internal Affairs who is essentially the licensing authority for private guard companies as established by the Nigerian law. In Botswana, the responsibility falls to the Ministry of Defence, Justice and Security. In the case of South Africa, the Ministry of Safety and Security is responsible for the regulation of the provision of private security, although the Ministry of Defence regulates the provision of foreign military assistance and/or engagement in certain activities in a country of armed conflict through the National Conventional Arms Control Committee.9 40. In some countries, the licensing and registration of PMSCs are handled by the Police Service. In Ghana, the private security industry is governed by the Police Services Act and the Ministry of Interior and Ghanaian Police Service are responsible for regulating the private security sector. In the case of Mauritius, the Commissioner of Police is responsible for granting a licence to provide private security services. Similarly, in Uganda, the Inspector-General of Police, the Chairperson of the District Committee and the Area Commander under the Uganda Police Force play a critical role in regulating the private security sector. 41. In other countries, such as Lesotho, Namibia and Sierra Leone, an intergovernmental body under the direction of the ministry in charge of internal security is responsible for the licensing and regulation of PMSCs. In Sierra Leone, for instance, the National Security Council comprising of political heads for various ministries in general and the Office of National Security in particular are responsible for regulating the private security industry. The Kenyan Private Security Industry Regulatory Bill also envisages that an intergovernmental Private Security Regulatory Authority will be responsible for regulating the private security sector. 42. None of the countries has a dedicated body exclusively responsible for the licensing, regulation and monitoring of PMSCs. While diverse models of oversight as informed by local contexts may be possible, the Working Group’s experience indicates that such a dedicated body may be necessary and desirable in order to properly scrutinize the conduct of PMSCs and ensure effective oversight of their activities. 4. Regulations on the use of force and firearms by PMSCs 43. A number of countries set out regulations with respect to the possession and use of firearms by PMSCs, where it is permitted. In South Africa, the provision dealing with the use of firearms is found under section 35 (m) of the Private Security Industry Regulation Act, which provides that the Minister may make regulations relating to, inter alia, the 9 10 See the Foreign Military Assistance Act, 1998 and the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act, 2006.