A/HRC/33/43
19.
Almost all of the reviewed legislation includes provisions for the particular activities
related to private military companies. Moreover, in the Republic of Moldova12 and
Uzbekistan,13 the intentional killing and infliction of bodily injury for profit or mercenary
motives shall be punishable by law.
20.
The scope of legislation in the countries reviewed generally covers only private
security companies, although in Kazakhstan, the legislation covers both private and public
security organizations. Under the law in Azerbaijan, certain public places (e.g., the National
Bank, various administrative sites and oil and gas export infrastructure) may be protected
only by State security services, not private security companies.14 In Tajikistan, there do not
appear to be any specific laws on private security companies. In Uzbekistan, the laws on
private security companies have undergone dramatic changes since the adoption of a decree
on 24 January 2014,15 which prohibited non-governmental organizations and individuals
from engaging in security activities.
Licensing, authorization and registration
21.
Apart from Tajikistan and Uzbekistan, all the other countries have provided for a
regulatory framework for the licensing and registration of private security services. In
Azerbaijan, a licence is required to provide private security services16 while a licence can be
obtained for providing both private security services and private detective services in
Kazakhstan17 and the Republic of Moldova.18 Laws in both Azerbaijan and the Republic of
Moldova stipulate that foreign security organizations are not allowed to conduct operations
within their territories; with amendments to the law on terrorism, Azerbaijan has further
toughened the penalties on involvement in foreign mercenary activities.
22.
In Kyrgyzstan, under the current law private organizations intending to carry out the
security functions listed in the law must be established especially for that purpose.19 The
Ministry of Internal Affairs is proposing to introduce an amendment to the law which
imposes stricter requirements, including provisions prohibiting those without experience in
law enforcement and relevant training, as well as persons who have been convicted of
crimes, suffer from mental illness and/or are addicted to alcohol or drugs, from working as
private guards and requiring those responsible for such groups to have higher education.
However, the amendment also proposes to replace the licensing regime with a registration
procedure.
23.
While most of the reviewed countries have regulatory guidelines, gaps in
implementation and enforcement have been identified. These include the lack of a clear and
publicly accountable body dedicated to licensing, a mechanism for monitoring the postlicensing activities of private security companies and a national registration system for such
companies. The Working Group is of the view that a standard set of human rights-based
criteria for licensing, a national registration system and a single expert body dedicated to
licensing and monitoring the activities of private security companies are desirable to exert
effective control over this industry.
12
13
14
15
16
17
18
19
6
Articles 151 and 152 of the Criminal Code.
Chapters 1 and 2 of section one of the Criminal Code.
Decree of the Cabinet of Ministers No. 32 of 7 February 2008.
Regulation of the Cabinet of Ministers No. 16 of 24 January 2014.
Article 17 of Law No. 266-IIIG.
Article 5 of Law No. 85-II; Law No. 202-V of 16 May 2014; Government Decree No. 1421;
Government Decree No. 909.
Article 5 of Law No. 283-XV; articles 8 (19) and 13 (1) of Law No. 451.
Article 14 of Law No. 35.
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