A/HRC/27/50
and prohibited others, such as personnel protecting people; and some required special
permits for the acquisition and possession of weapons and firearms. Some States prohibit
PSC personnel from acquiring and possessing specific types of weapons and firearms, or
prohibited the acquisition and possession of weapons and firearms for specific purposes.
Only the legislation of Tunisia5 refers specially to illegal acquisition of firearms and the
consequences relating thereto. Moreover, the regulatory approaches regarding the use of
force and firearms are rather divergent; some States entirely prohibit the use of force and
firearms in all situations, except for self-defence, while others permit the use of force in
accordance with conditions prescribed in the relevant laws and regulations.
21.
Most States appear to have a monitoring system carried out by the office that
authorizes/licenses PSCs, which makes announced or unannounced, regular or ad-hoc
inspections and reviews regular or ad-hoc reports on infractions or violations of the law
committed by the PSC personnel. However, in general, the relevant laws do not provide
rules on the content of the monitoring procedure, but focus mostly on administrative
sanctions, such as warnings, fines, temporary suspension of the activities of the PSC,
withdrawal of authorization or seizure of weapons and firearms. The laws rarely refer to
penal and civil sanctions. None of the laws reviewed contain provisions regarding
personnel compliance with the standards of international human rights and humanitarian
law or guarantees for effective remedy to victims.
22.
While all the States reviewed have ratified the Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating to the Protection of Victims of International
Armed Conflicts (Protocol I), which defines the term “mercenary”, and the majority are
party to the Organization of African Unity Convention for the Elimination of Mercenaries
in Africa, only Cameroon and Senegal have ratified the International Convention against
the Recruitment, Use, Financing and Training of Mercenaries.6
2.
Scope of the legislation
23.
The legislation of seven of the States analysed address the issue of private security
companies.7 These laws provide for “private security companies”8 or “private security and
guard companies”,9 with the general meaning of guard and protection services provided to
persons and property or goods.10 However, none of the legislation covers private military
companies (PMCs) or addresses direct participation of PMSC personnel in hostilities.
24.
While the legislation of Côte d’Ivoire, the Democratic Republic of the Congo and
Mali prohibits PSC personnel from carrying out certain acts related to activities of the
police and the armed forces,11 it is not clear whether the related provisions apply in times of
peace as well as during armed conflicts. None of the laws regulate the export of security or
5
6
7
8
9
10
11
Tunisia, Decree No. 2002-81, art. 34.
General Assembly resolution 44/34, annex.
The Cameroonian legislation, Decree No. 2005/031, does not contain any specific details on the
nature of private security activities.
Laws of Burkina Faso, Democratic Republic of the Congo and Tunisia.
Laws of Burkina Faso, Cameroon, Côte d’Ivoire, Mali, Morocco, Senegal.
Burkina Faso, Law No. 032/2003, art. 23, and Decree No. 2009-343, art. 2; Côte d’Ivoire, Decree
No. 2005-73, art. 2, para. 1; Democratic Republic of the Congo, Ministerial Decree No. 98/008, art. 1;
Morocco, Law No. 27-06, art. 1; Senegal, Decree No. 2003-447; and Tunisia, Decree No. 2002-81,
art. 1 (a).
Côte d’Ivoire, Decree No. 2005-73, art. 8, and Decree No.743/2008, art. 6, para. 2; Mali, Decree No.
96-020, art. 12; and Democratic Republic of the Congo, art. 6, para. 2, and Ministerial Decree No.
98/008, art. 7, concerning acts such as maintaining public order, patrolling, arresting, detaining and
carrying and using firearms.
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents