A/HRC/33/43
30.
The ambiguity concerning which activities are permitted, the difference in scope of
prohibited activities and the lack of a clear dividing line between the functions of private
security companies and law enforcement authorities increase the risks of ineffective control
of private security company activities and potential abuse by those companies. This
situation gives rise to challenges of enforcement and accountability and, in turn, to the
protection of fundamental human rights and the availability of remedies for violations. It is
therefore essential to enact more specific legislation regarding the role and functions of
private security companies and to prohibit the involvement of company personnel in
combat or military activities in order to ensure compliance with international human rights
law.
Rules on the acquisition of weapons
31.
Legislation in Azerbaijan, Kazakhstan, Kyrgyzstan and the Republic of Moldova
contain provisions for the use of weapons by private security organizations. The legislation
of all four countries includes a list of devices approved by the Government, including
protective and technical equipment and lethal and non-lethal weapons. In Azerbaijan, the
regulations cover both the supply of and the demand for weapons.24
32.
In Kazakhstan, Kyrgyzstan and the Republic of Moldova, legislation stipulates
licensing and registration procedures for the use of weapons by private security companies.
In Kazakhstan, acquisition of “service weapons” is subject to a licence issued by the
Ministry of the Interior.25 In Kyrgyzstan, private security organizations or security and
investigative departments of private enterprises may also acquire firearms subject to a
licence issued by internal affairs authorities; the firearms thus acquired must be registered
with the internal affairs authorities within two weeks of their purchase.26 In the Republic of
Moldova, the permits to use weapons are issued by the Ministry of Internal Affairs or local
police authorities.27 The Ministry conducts regular recertification of security personnel to
determine their aptitude to use force and should such recertification fail, the Ministry may
withdraw its permission and forbid the individuals in question from using force and related
devices.28
33.
On the other hand, legislation in Tajikistan and Uzbekistan contains only general
provisions regarding the use of weapons. The Criminal Codes of Tajikistan and Uzbekistan
both restrict activities such as the illegal production, repair, purchase, sale, carrying,
keeping and transportation of weapons without due authorization;29 the Criminal Code of
Uzbekistan further specifies the types of weapons, including firearms, ammunition,
explosive substances and explosive assemblies. 30
34.
There are elements of good practice in some of the laws, for example, the regulation
covering both the supply of and demand for weapons in Azerbaijan, the safety standard
requirements on private security company operations in Kazakhstan and the monitoring and
recertification process in the Republic of Moldova. All these could be applicable in other
States, and it is desirable to create a consistent and comprehensive control mechanism
throughout the region. Finally, the national legislation of only two countries contains
24
25
26
27
28
29
30
8
Article 7 of Law No. 422-IG of 30 December 1997.
Articles 6 and 10 of Law No. 339-I of 30 December 1998; Government Decree No. 1176 of 3 August
2000.
Articles 14 and 17 of Law No. 49 of 9 June 1999 (as amended); in accordance with Law No. 12 of
3 March 1997; Law No. 35; Regulation No. 532; schedules to Regulation No. 532 of 20 August 2003.
Article 32 of Law No. 283-XV.
Articles 31 and 32 of Law No. 130 of 8 June 2012; Schedule 4 to Regulation No. 667.
Articles 195 and 196 of the Criminal Code.
Article 248 of the Criminal Code.
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