A/HRC/33/43
Ratification of the International Convention against the Recruitment, Use, Financing
and Training of Mercenaries
44.
Three of the six reviewed States are parties to the International Convention against
the Recruitment, Use, Financing and Training of Mercenaries: Azerbaijan, the Republic of
Moldova and Uzbekistan. Azerbaijan ratified the Convention on 4 December 1997, while
the accession of the Republic of Moldova and Uzbekistan took place on 28 February 2006
and 19 January 2008, respectively.
45.
Although Tajikistan is not a signatory to the Convention, it is a criminal offence in
Tajikistan to intentionally violate international humanitarian law.43
46.
While some of the countries explicitly prohibit mercenary activities and have
enacted criminal legislation regarding private military companies, there is very little
reference to the international standards in any of the legislation reviewed. This raises
concerns as to the commitment of those States to observe those standards. The Working
Group urges all States parties to incorporate the standards contained in the Convention into
their national legislation and encourages non-signatories to become parties, with a view to
enhancing accountability mechanisms for the fuller safeguard of human rights.
2.
Asia and Pacific region and North America
47.
The countries in these regions analysed for the study are Australia, Nauru,
New Zealand, Papua New Guinea and the United States of America.
Scope of legislation
48.
The laws of all five countries cover private security companies and their activities.
Generally, there is no separate legislation concerning private military companies and
related services. Rather, the laws cover a variety of private security activities, from the
protection and patrolling of sites to the protection and guarding of persons, though the
range of activities differs.
Licensing, authorization and registration
49.
In the United States, the primary entities in charge of coordinating the activities
related to the licensing and registration of private military and security companies at the
federal level are the Department of State and the Department of Defense. 44 Individual states
may, however, adopt their own laws pertaining to registers and licensing.
50.
In Australia, licensing is controlled by either the state or territory police, though the
Australian Security Industry Association regulates private security activities. The
Australian licensing authority is responsible for issuing and renewing security licences,
monitoring the licence holders and keeping the register of licences.
51.
In Papua New Guinea, the Security Industries Authority issues licences to security
firms and grants permits to security officers and security guards. 45 Nauru, through the
licensing authority, which is appointed by the Cabinet,46 must also keep a register of all
security licences granted.47
43
44
45
46
47
Article 40 of the Criminal Code.
National Defense Authorization Act, Public Law 110-181.
Security (Protection) Industry Act 2004, section 5 (1) (a).
Private Security Act 2012, section 10.
Ibid., section 31.
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents