A/HRC/33/43
15.
The present report focuses on the laws and regulations of six countries of the
Commonwealth of Independent States (Azerbaijan, Kazakhstan, Kyrgyzstan, the Republic
of Moldova, Tajikistan and Uzbekistan), four countries in the Asia and Pacific region
(Australia, New Zealand, Nauru and Papua New Guinea) and the United States of America
in North America.3
16.
In its 2015 report to the Human Rights Council (A/HRC/30/34), the Working Group
focused on the laws and regulations of eight countries in Central America and the
Caribbean,4 eight countries in South America 5 and four countries in Western Europe.6 In its
2014 report (A/HRC/27/50), it covered eight francophone African States7 and eight Asian
States8 while in its 2013 report (A/HRC/24/45), it focused on 13 Anglophone African
States.9
17.
The Working Group hopes that its global study will result in guidance that will help
Member States to regulate the growing number of private military and security companies.
The national laws on such companies were analysed in the present report on the basis of the
following elements: (a) scope of the legislation; (b) licensing, authorization and
registration; (c) selection and training of personnel; (d) permitted and prohibited activities;
(e) rules on the acquisition of weapons; (f) use of force and firearms; (g) accountability for
violations and remedies for victims; and (h) ratification of the International Convention
against the Recruitment, Use, Financing and Training of Mercenaries.
B.
Analysis
1.
Commonwealth of Independent States
Scope of the legislation
18.
All six countries in the present study have enacted criminal legislation to regulate
private military activities, most commonly within their Criminal Code. Of the six countries,
Azerbaijan, Kazakhstan, Kyrgyzstan and the Republic of Moldova expressly prohibit the
formation and use of mercenaries. The term “mercenary” is not employed under the law in
Tajikistan, but the prohibition on the “organization of an illegal armed formation”10 may
serve a similar purpose. Uzbekistan does not have an express restriction on the formation of
private military companies, but its Criminal Code restricts participation in armed conflict or
military actions for the purpose of obtaining money or personal benefits. 11
3
4
5
6
7
8
9
10
11
Australia and New Zealand, along with the United States of America, are members of the Western
European and Others Group in the United Nations, one of the geopolitical regional groups into which
United Nations Member States have unofficially divided themselves.
Costa Rica, Cuba, El Salvador, Guatemala, Honduras, Mexico, Nicaragua and Panama.
Argentina, Bolivia (Plurinational State of), Brazil, Chile, Colombia, Ecuador, Peru and Uruguay.
France, Hungary, Switzerland and the United Kingdom of Great Britain and Northern Ireland.
Burkina Faso, Cameroon, Côte d’Ivoire, Democratic Republic of the Congo, Mali, Morocco, Senegal
and Tunisia.
China, India, Malaysia, Pakistan, Philippines, Singapore, Sri Lanka and United Arab Emirates.
Botswana, the Gambia, Ghana, Kenya, Lesotho, Mauritius, Namibia, Nigeria, Sierra Leone, South
Africa, Swaziland, Uganda and Zimbabwe.
Article 185 of the Criminal Code.
Section 154 of the Criminal Code.
5
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