A/HRC/27/50
misdemeanour, except for torts of negligence or involuntary crimes.”19 This requirement is
also found, to varying degrees, in the legislation of Côte d’Ivoire, Mali, Senegal and
Tunisia.20
29.
The criterion of “good moral standards” is also important in several States.21 In
Morocco, the relevant law states that no one shall be hired if he or she was “sentenced or
imprisoned for a crime deemed incompatible with the exercise of the activities described in
this Act…22 Morocco’s legislation is in fact quite progressive; it states that “the hiring of an
employee must be in line with the professional qualifications established by regulations
regarding the nature of the job”.23 However, this law does not provide further details on
what such requirement would entail in concrete terms. None of the laws analysed contain
any reference to international human rights or humanitarian law or standards to be taken
into account during the selection process.24
30.
The laws of only four countries provide information on mandatory and regular
training of PMSC personnel, namely Burkina Faso, Côte d’Ivoire, Morocco and Tunisia.
However, none of the relevant laws contains details about the content of the required
training, nor any specific details on international human rights or humanitarian law or
standards.
5.
Permitted and prohibited activities
31.
In the laws reviewed, the activities that PSCs are permitted to carry out range from
guarding and providing protection for persons and property/goods, and protection for the
transport of funds, money, documents, jewellery, precious metals and other important
objects.25 In Burkina Faso, Côte d’Ivoire, and Morocco, PSCs are required to indicate the
private nature of their work in order to avoid confusion between the activities of private
persons and those of public security services.26 Some countries27 permit PSC personnel to
carry out activities within the buildings and boundaries of the properties being guarded.28
Exceptions exist, as in Burkina Faso, where the law states that such personnel shall only
carry out their duties in the public sphere in exceptional cases (without specifying further),
and in Mali, Morocco and Tunisia, where PSC personnel may, exceptionally carry out their
duties in the public sphere in order to prevent theft, burglary or other attack against
property.29
19
20
21
22
23
24
25
26
27
28
29
Burkina Faso, Decree No. 343/2009, art. 9.
Côte d’Ivoire, Decree No. 2005-73, art. 13; Mali, Decree No. 96-020, art. 13; Senegal, Law No. 2706, art. 2; and Tunisia, Decree No. 2002-81, arts. 6 and 11.
Burkina Faso, Decree No. 343/2009, art. 9; Côte d’Ivoire, Decree No. 2005-73, art. 13; Mali, Decree
No. 96-020, art. 13; Senegal, Decree No. 2003-447, art. 9 .
Morocco, Law No. 27-06, arts. 2 and 5.
Ibid., art. 5, para. 3.
Despite the fact that recruitment is listed as one of the tasks of the commission in charge of
authorizing private security activities in Cameroon (Decree No. 2005/031, art. 1), no specific
recruitment or selection criteria is mentioned in the law.
Côte d’Ivoire, Mali, Morocco and Tunisia.
See, for example, Burkina Faso, Decree No. 2009-343, art. 5; Côte d’Ivoire, Decree No. 2005-73, art.
5, and Decree No.743/2008, art. 2; Mali, Decree No. 96-020, art. 8; and Morocco, Law No. 27-06,
art. 9, para. 2.
Burkina Faso, Morocco and Tunisia.
See, for example, Burkina Faso, Decree No. 2009-343, arts. 6 and 7; Mali, Decree No. 96-020, art.
11; Morocco, Law No. 27-06, art. 17; Tunisia, Decree No. 2002-81, art. 16.
Burkina Faso, Decree No. 2009-343, art. 6; Mali, Decree No. 96-020, art. 11; Morocco, Law No. 2706, art. 17; and Tunisia, Decree No. 2002-81, art. 16.
9
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