A/HRC/24/45
issuing, possession and use of firearms and other weapons by security service providers. In
Lesotho and Mauritius, the laws require the use of firearms by private security service
providers to be in accordance with the laws governing the use of firearms by the
populations at large. An interesting contrast in this regard is Ugandan Police (Control of
Private Security Organisations) Regulations, which specifically spell out circumstances
under which private security service providers may use firearms and require that all private
security service providers who are detailed to use arms must be adequately trained and
possess a certificate of competence in firearms management.
44.
While the Sierra Leonean legislation provides for the use of firearms by the private
security providers, this is generally not allowed in practice owing to the United Nations
arms embargo. The Sierra Rutile company, however, does possess armed private security,
which is sanctioned by the Sierra Rutile Agreement 1989 (Ratification) Act and the Sierra
Rutile Agreement (Ratification) Act, 2002.
45.
Some countries expressly prohibit the use of firearms by private security service
providers. Insofar as the Gambia is concerned, the possession and/or the use of firearms or
ammunition by a private security provider are prohibited. Similarly, the Nigerian legislation
prohibits the use of firearms and ammunition during the course of their duties.
46.
In other countries, the laws are silent on the use of firearms by private security
service providers. For example, the Ghanaian legislation and the Kenyan bill on private
security are silent on whether or not private security providers would be allowed to use
firearms. This issue may be addressed in the regulations that will be developed in order to
implement the Kenyan law on private security.
47.
While the regulation of use of force and firearms is one of the most crucial elements
of effective oversight of PMSCs, it appears that, based on the national legislation on
PMSCs available to the Working Group, the countries that permit PMSCs to possess and
use firearms do not provide for sufficiently detailed regulations in this respect. Although
the international human rights and humanitarian laws and standards provide, inter alia, that
firearms are used proportionately only in self-defence or defence of third persons and in a
manner likely to decrease the risk of unnecessary harm, the laws analysed in this study do
not incorporate these requirements or only include part of them.
5.
The promotion of standards in regulations of the selection, training, equipping and
conduct of PMSC personnel
48.
The laws in some of the countries under review set out minimum criteria for the
selection of PMSC personnel and such criteria commonly include whether or not the
personnel in question have been convicted of any serious crimes, the fitness of their
characters and their financial position. For example, the Lesotho legislation provides that
no person shall qualify to register as a private security officer or guard if he or she has been
convicted of any offence punishable by imprisonment or found guilty of any offence
involving dishonesty or use of dangerous weapons, suffers from mental incapacity, habitual
drunkenness, narcotics addiction or dependence, or is under the age of 18 years or an
unrehabilitated insolvent. Some legislation goes further, requiring personnel to have been
adequately trained. The South African legislation, for example, requires that personnel
comply with training as certified by the Safety and Security Sector Education and Training
Authority.
49.
In some of the countries subject to this study, the entities responsible for regulating
and/or controlling the private security sector are also entrusted with the responsibility of
ensuring and promoting training standards for private security officers. For instance, the
Namibian Security Enterprises and Security Officers Act provides that, among other things,
the functions of the Security Officers Regulation Board shall give advice in connection with
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