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.

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