A/HRC/27/50
practice: security companies are required to purchase a bond issued by a reputable
insurance company to cover any valid legal claim filed against the company.113 The 2002
Punjab Ordinance also provides for the security company to make arrangements for
insurance for its guards.114 The absence of similar provisions in the laws of other States may
have implications on the rights of victims of human rights abuses to a remedy.
66.
On the other hand, two of the laws examined contain provisions for immunity to the
central authorities,115 or any person116 so long as they have acted in good faith. The 2005
India Act exempts the controlling authority of liability for indemnities for anything done in
good faith while the 2000 Sindh Ordinance (Pakistan) exempts any person of liability for
indemnities for anything done in good faith.
IV.
Conclusion and recommendations
67.
The study of legislation on private military and/or security companies of States
in francophone Africa and in Asia highlights the different approaches to the
privatization of security. Analysis of the legislation in both regions show a regulatory
emphasis on the provision of guard and protection services to persons and property in
the domestic sphere. None of the legislation deals with private military companies or
adequately addresses the issue of military and security services provided abroad and
the extraterritorial applicability of relevant legislation.
68.
The transnational nature of private military and security services (PMSC), the
high likelihood of the use of force and involvement in hostilities on the part of PMSC
personnel and the gaps in regulations and inconsistency of approaches found in the
present study underscore the risk that the status quo can seriously undermine the rule
of law and the effective functioning of democratic State institutions responsible for
ensuring public safety. Furthermore, the regulatory and accountability gaps noted
create potential risks to fundamental human rights, such as the right to security and
the right to life, as well as the right of victims to effective remedies. The Working
Group stresses that the right to security is an inherent human right, which underpins
the enjoyment of other rights.
69.
The study of the laws and regulations reveals a lack of specific rules on the
content of monitoring activities and inspections of PMSCs, as well as a lack of
references to compliance by the PSC and/or its personnel with international human
rights and humanitarian law and standards, and provisions on penal accountability,
civil liability of individuals and corporate actors, as well as effective remedies to
victims.
70.
Considering the diverse activities and the broad geographical scope covered by
PMSC services, lack of regulation in those critical areas may result in States’
ineffective control over the private security industry and the activities of its personnel.
Lack of familiarity with human rights standards among PMSC personnel also raises
concerns. In order to ensure that the relevant international human rights and
humanitarian law and standards are respected and effectively used in the course of
private security operations with a view to minimizing the risk of violations thereto and
113
114
115
116
employer of the security guard shall provide compensation and may demand recourse, in accordance
with the law, against the security guard who has acted with malice or gross negligence.”
Philippines, Republic Act No. 5487, 1969, sect. 8, second para.
See article 13 (6.
India, Act No. 29, 2005, sect. 23.
Pakistan, 2000 Sindh Ordinance, sect. 13.
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