A/HRC/27/50
mission in private sphere.49 Furthermore, the use of such arms shall be under the
responsibility of the PSC and is covered by the provisions of the Criminal Code.50
39.
The legislation of Côte d’Ivoire prohibits PSCs from being involved in
administrative or investigative police activities and from participating in operations aimed
at maintaining public order during political, sports, social, traditional, cultural or religious
events.51 In the Democratic Republic of the Congo, PSCs are permitted to provide
protection to persons and property, “insofar as they do not replace the police”, but they are
prohibited from patrolling, arresting, carrying and using firearms, special devices and any
other material normally reserved for the military and the police”.52 In Mali, PSCs in charge
of surveillance, guarding, transport of funds and protection of persons are prohibited from
participating in operations aimed at maintaining public order or limiting the free circulation
of people or vehicles.53 None of the legislation analysed address the use of force and
firearms that may overlap the functions of the police and the military or that may involve
the direct participation of PSC personnel in hostilities during armed conflicts.
8.
Accountability for violations of the law committed by PSC personnel and remedy for
victims
40.
Six of the States analysed have monitoring systems provided for in their respective
laws,54 which are generally administered by the agency that authorizes or grants licences to
PSCs. Monitoring the activities of PSCs include carrying out announced or unannounced,
regular or ad-hoc inspections.
41.
Only Cameroon’s legislation provides details on the scope of the monitoring and
inspection activities of the monitoring body. It specifies that the inspection shall cover the
staff, general recruitment conditions, cases of dismissal, respect for requirements
concerning uniforms and badges, the validity of insurance coverage; the appropriateness of
the types and quantity of communication, protection and alarm equipment used.55 Further to
the laws regulating their activities, PSCs in Côte d’Ivoire are required to submit quarterly
and annual activity reports to their licensing agencies or monitoring bodies;56 however, are
not obliged to report on their compliance with other laws. Compliance with the standards of
international human rights and humanitarian law is not a requirement of the responsibilities
of the monitoring bodies.
42.
Côte d’Ivoire, the Democratic Republic of the Congo and Senegal are the only
States in which PSCs are obliged to immediately report infractions or violations of the law
committed by their personnel. In Côte d’Ivoire, PSC personnel must immediately inform
the national defence and security forces of “any infraction or fact concerning the security of
persons and property or State security” that they know about and must provide any
information enabling the apprehension of the criminals. However, a serious restriction is
attached to this provision; “under no circumstances shall such information be provided to a
foreign power or a physical person or legal entity foreign to the Ivorian defence and
security forces.”57 The legislation of the Democratic Republic of the Congo requires that
49
50
51
52
53
54
55
56
57
12
Mali, Decree No. 96-064, arts. 12 and 13.
Mali, Decree No. 96-020, art. 18.
Côte d’Ivoire, Decree No. 2005-73, art. 8 and Decree No. 2008/743, art. 6.
Democratic Republic of the Congo, Ministerial Decree No. 98/008, arts. 1, 6 and 7.
Mali, Decree No. 96-020, art. 12.
The legislation available from the Democratic Republic of the Congo does not include any specific
references to monitoring or inspections.
Cameroon, Decree No. 2005/031, art. 25.
Côte d’Ivoire, Decree No. 2005-73, art. 38 and Decree No. 743/2008, art. 19.
Côte d’Ivoire, Decree No. 743/2008, art. 20.
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