A/HRC/27/50 32. Regarding prohibited activities, the laws of Burkina Faso, Côte d’Ivoire and Morocco specifically emphasize that services not related to the security or protection of persons and property are excluded from the ambit of the concerned laws and are therefore prohibited.30 The involvement of PSC personnel in a labour conflict or related event31 is prohibited in Burkina Faso, Côte d’Ivoire, Morocco and Senegal. Other prohibited activities include gathering information on political, religious or trade union opinions.32 33. Some laws specifically prohibit PSCs from carrying out certain activities that may overlap the functions of the police and the military, and PSCs are required to respect existing legislation concerning arrest and detention of criminals. 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.”33 Similar provisions are contained in the laws of Tunisia and Morocco.34 6. Rules on acquisition of weapons by PSC personnel 34. The States reviewed35 appear to have different approaches regarding the acquisition of weapons by the personnel of PSCs. PSC personnel in Burkina Faso, Côte d’Ivoire, Morocco and Tunisia are allowed to be armed and to possess weapons, including firearms as determined by the “relevant laws and regulations in force”36. In Mali, PSC personnel in charge of surveillance, guarding and transport of funds are allowed to possess weapons, however, personnel protecting people cannot be armed.37 In some cases, special permits are required for the acquisition and possession of weapons and firearms, as in the Democratic Republic of the Congo and Tunisia.38 However, some States prohibit PSC personnel from acquiring and possessing specific types of weapons and firearms, or prohibit them from possessing weapons for specific purposes. In Cameroon, for example, “protection and alarm equipment may not include firearms”, and “security companies may not have or use conventional armament”.39 Côte d’Ivoire authorizes PSC personnel “to use stun bombs, clubs, rubber-bullet firearms, pepper spray and tear gas”;40 Mali prohibits carrying selfdefence gas, knives and blunt weapons,41 while the Democratic Republic of the Congo 30 31 32 33 34 35 36 37 38 39 40 41 10 Burkina Faso, Decree No. 2009-343, art. 4; Côte d’Ivoire, Decree No. 2005-73, art. 3, and Decree No. 743/2008, art. 5; Mali, Decree No. 96-020, art. 5; and Morocco, Law No. 27-06, art. 8. See Burkina Faso, Decree No. 2009-343, art. 8; Côte d’Ivoire, Decree No. 2005-73, art. 8; Mali, Decree No. 96-020, art. 9; Morocco, Law No.27-06, art. 14; and Senegal, Decree No. 2003-447, art. 7. Burkina Faso, Decree No. 2009-343, art. 8; Côte d’Ivoire, Decree No. 2005-73, art. 8; Mali, Decree No. 96-020, art. 9; and Morocco, Law No. 27-06, art. 14. Democratic Republic of the Congo, Ministerial Decree No. 98/008, arts. 1 and 6. Tunisia, Decree No. 2002-81, art. 15; and Morocco, Law No. 27-06, art. 16. The laws available from Senegal did not allow for an analysis of this criterion. Burkina Faso, Decree No. 2009-343, art. 37; Côte d’Ivoire, Decree No. 2005-73, art. 23; Morocco, Law No. 27-06, art. 13; and Tunisia, Decree No. 2002-81, art. 21. Mali, Decree No. 96-020, art. 15. Democratic Republic of the Congo, Decree No. 31/1965, art. 5; and Tunisia, Decree No. 2002-81, art. 21. Cameroon, Decree No. 2005/031, art. 23. Côte d’Ivoire, Decree No. 2005-73 art. 31. Mali, Decree No. 2011-0599, art. 5.

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