A/HRC/27/50
PSCs report “any serious incident to the administrative authority”, without delay, and “hand
over anyone apprehended in the PSC’s area of operation”.58 In Senegal, any infraction of
the relevant law shall be notified to the committee established by the Minister of the
Interior.59 None of the above-mentioned laws provide further details regarding the nature of
the “infractions” or “facts concerning the security of persons and property or State security”
or the “serious incidents” that need to be reported, which may make their implementation
difficult.
43.
With regard to the accountability of PSC personnel, most of the laws reviewed focus
on acts violating the provisions regarding permissible activities, licensing, authorization,
recruitment and other administrative processes.60
44.
With regard to sanctions, the various laws focus on administrative sanctions applied
by the authorizing or licensing agencies in the forms of a warning, a fine, temporary
suspension of the company’s activities, withdrawal of authorization, and seizure of
weapons and firearms.61 In Mali, Morocco and Tunisia, the sanctions include
imprisonment.62 In some instances, laws contain references to penal and civil sanctions for
infractions linked to the exercise of the PSC activities;63 however, none of the legislation
analysed contains provisions on remedies for victims.
C.
Asia
45.
The legislation of the following States in the Asia region were reviewed: China,
India, Malaysia, Pakistan, the Philippines, Singapore, Sri Lanka and the United Arab
Emirates.
1.
Analysis
46.
All eight States reviewed have regulations on private security companies (PSCs),
albeit without uniformity. None of the laws covers private military companies or services.
Despite the transnational nature of private security services, almost all the laws address
PSC activities within the national sphere, with the exception of India which briefly
addresses the import and export of PSC activities.64 In most of the States, the regulation of
PSCs is administered by a central or local government authority. The powers of the
regulating authorities differ in each State. The requirement to obtain a licence is mandatory
in all the States.
58
59
60
61
62
63
64
Democratic Republic of the Congo, Decree No. 31/1965, art. 8.
Senegal, Decree No. 2003-447, art. 16.
See, for example, Burkina Faso, Decree No. 2009-343, art. 47; Côte d’Ivoire, Decree No. 2005-73,
arts. 51–53; Mali, Decree No. 96-020, arts. 19–24; Morocco, Law No. 27-06, arts. 22–27; and
Senegal, Decree No. 2003-447, art. 16.
See, for example, Burkina Faso, Decree No. 2009-343, arts. 47–50; Cameroon, Decree No. 2005/031,
arts. 30–32; Côte d’Ivoire, Decree No. 2005-73, arts. 50–53; Mali, Decree No. 96-020, arts. 19–23;
Morocco, Law No. 27-06, arts. 22–28; Senegal, Decree No. 2003-447, art. 16; and Tunisia, Decree
No. 2002-81, arts. 29–34.
Mali, Decree No. 96-020, art. 24; Morocco, Law No.27-06, arts 22–28; and Tunisia, Decree No.
2002-81, arts 29–34.
Burkina Faso, Decree No. 2009-343, art. 47; Côte d’Ivoire, Decree No. 2005-73, arts. 51 and 53;
Morocco, Law No. 27-06, art. 28; Mali, Decree No. 96-020, art. 19; and Tunisia, Decree No. 200281, arts. 30–34.
See India, Private Security Agencies (Regulation) Act, 2005 (Act No. 29, 2005), art. 4.
Extraterritorial activities are forbidden without prior permission, and foreign companies are not
allowed to engage in security services unless they fulfil certain requirements.
13
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