A/HRC/27/50
2013, requesting information on cases of mercenaries convicted by national courts.
Reminders were sent on 6 March 2013. Information on replies received was provided in the
Working Group’s previous report to the Human Rights Council. No further responses have
been received since.
E.
Other activities of the Working Group members
12.
Working Group member Gabor Rona participated in the Montreux +5 Conference
convened by the Government of Switzerland, the International Committee of the Red Cross
(ICRC) and the Geneva Centre for the Democratic Control of Armed Forces (DCAF), held
from 11 to 13 December 2013. He also participated in the 55th Ordinary Session of the
African Commission on Human and Peoples’ Rights, held in Luanda, Angola, from 28
April to 12 May 2014.
III. Research on national regulation of PMSCs
A.
Introduction
13.
The Working Group continued its global study of national laws regarding PMSCs to
assess their effectiveness in protecting human rights and promoting accountability for
violations. The study aims to identify common points, good practices and regulatory gaps
that may exist. The present report focuses on eight francophone African States and eight
Asian States. The Working Group’s previous report to the Human Rights Council
(A/HRC/24/45) focused on 13 anglophone African States3. In its next report to the Human
Rights Council, in 2015, the Working Group intends to report on the national legislation of
countries in the Western European and Others Group (WEOG), the Eastern European
Group (EEG), as well as the Latin American and Caribbean Group (GRULAC).
14.
In conducting this study of national legislation on PMSCs on a region-by-region
basis, the Working Group hopes to develop guidance to help Member States regulate the
growing phenomenon of PMSC use. Some of the laws reviewed for this report were made
available by States and others were obtained through research. The various national laws
were analysed through the lens of the following elements: (a) scope of the legislation; (b)
licensing, authorization and registration of PMSCs; (c) selection and training of PMSC
personnel; (d) permitted and prohibited activities of PMSCs; (e) rules on acquisition of
weapons by PMSC personnel; (f) use of force and firearms by PMSC personnel; (g)
accountability for violations of the law committed by PMSC personnel and remedies
provided for victims and (h) ratification of the international convention on mercenaries.
These elements were considered to be crucial in understanding the general regulatory
framework in each State.
3
Botswana, Ghana, the Gambia, Kenya, Lesotho, Mauritius, Namibia, Nigeria, Sierra Leone, South
Africa, Swaziland, Uganda and Zimbabwe.
5
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