A/HRC/27/50
B.
Francophone Africa
1.
Analysis
15.
The following francophone States in Africa were analysed for this report: Burkina
Faso, Cameroon, Côte d’Ivoire, the Democratic Republic of Congo, Mali, Morocco,
Senegal and Tunisia.
16.
All of these States have laws to regulate private security companies (PSCs) and their
activities, which mainly focus on providing guard and protection services for persons and
goods. None of the States have laws or regulations covering the activities and services of
private military companies. The relevant laws focus on the domestic sphere, without
prohibiting the provision of military or security services abroad or ruling on extraterritorial
applicability. However, none of the laws analysed contain any specific provisions on direct
participation by PMSC personnel in hostilities. Where legislation prohibits PSC personnel
from carrying out certain activities of the police and the armed forces, it is not clear
whether the related provisions apply only in times of peace or during armed conflicts as
well.
17.
All the States had detailed regulations on licensing and authorization of PSCs,
including relevant details regarding the responsibilities of the various inter-ministerial,
ministerial and other governmental bodies. As a precondition for obtaining a licence, most
of the States analysed require a review of the “moral standards” or “good behaviour” of the
company’s managers and/or its personnel. However, none of the laws reviewed contain any
reference to human rights law or standards as prerequisites for the operation of the PSC.
Regarding national registration, only Cameroon4 requires the authorizing entity to maintain
a national record of security companies.
18.
In general, States have detailed selection criteria and place emphasis on the necessity
of providing training to PSC staff. However, the laws focus on form and procedural
conditions rather than on content, and none of the laws contain reference to international
human rights or humanitarian law as part of the selection criteria or the training materials.
All the laws reviewed address the question of the applicant’s criminal record, but vary in
relation to the gravity of the crimes involved. Half of the laws reviewed provide
information on mandatory and regular training of PSC personnel, while the other half refers
only to optional training and principles based on the PSC’s code of ethics.
19.
Regarding permitted activities, the relevant laws all emphasize that the only
activities that security providers are authorized to carry out are guard and protection
services to persons and property or goods. Furthermore, PSC personnel are required to
indicate that their activities are private in nature and, in several countries, the permitted
activities may only be carried out inside private properties and not beyond those
boundaries. Prohibited activities include all services that are not linked to the security of
persons and property and some countries prohibited activities such as the involvement of
PSC personnel in labour conflicts and political or religious events. Some laws specifically
prohibit PCS personnel from carrying out certain activities that may overlap the functions
of the police and the military. The majority of the laws reviewed discourage PSCs from
hiring former members of the military forces or of the police as managers or employees.
20.
The States observed had different approaches to the acquisition and possession of
weapons and firearms, for example, some allowed all PSC personnel to be armed and to
possess weapons/firearms; others only allowed certain PSC personnel who carry out
specific activities, such as surveillance, guarding and transport of funds, to carry weapons,
4
6
Cameroon, Decree No. 2005/031, art. 2.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents