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.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents