A/HRC/24/45
55.
The provisions on the use or non-use of firearms by the private security
providers, particularly on the use of lethal force, are also indicators, among others,
which reflect how those States view the private security sector. The prohibition of use
of firearms by PMSCs in some countries signals the recognition of the risk of
outsourcing what may be regarded as State functions. In other countries, where the
use of firearms is permitted by law or where the laws are silent on this matter, there is
a risk that the use of firearms by PMSCs may result in human rights violations, for
the existing laws do not provide sufficient guidance on the use of force in accordance
with the international human rights and humanitarian standards.
56.
The Working Group stresses that the right to security is an inherent human
right of all and underpins the enjoyment of other human rights.
57.
Without effective oversight and control, the activities of PMSCs could, in some
cases, seriously undermine the rule of law and the effective functioning of a
democratic State institution responsible for ensuring public safety in accordance with
international human rights standards and national laws. There is a critical need to
establish minimum international standards for States to regulate the activities of
PMSCs and their personnel in pursuing the realization of this fundamental human
right.
58.
It is hoped that with this study, which is still ongoing, the Working Group will
be in a position to identify good practices and develop guidance for Member States in
effectively regulating PMSCs and ensuring the enjoyment of the right to security by
all. For instance, the regulation of the export of security and military services is one
example of good practice, which States must consider addressing within their
regulatory frameworks. Further research into effective national regulatory strategies
is clearly needed in order to identify trends, gaps and good practices in regulating
PMSCs. To this end, the Working Group encourages Member States which have not
yet responded to its request to share with it laws and regulations relating to PMSCs to
do so.
59.
The Working Group reiterates its view that a comprehensive, legally binding
international regulatory instrument is the best way to ensure adequate protection of
human rights. In this regard, the Working Group welcomes the work of the
intergovernmental working group established by the Human Rights Council with a
view to considering the possibility of an international instrument for the regulation of
PMSCs and encourages all States to participate actively in this process.
13
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