A/HRC/27/50
prohibits carrying and using firearms, special devices and other material normally reserved
for the military and the police”.42
35.
The legislation analysed also contain specific provisions on the obligation of PSC
personnel with regard to the weapons in their possession in the case of temporary
suspension or cessation of activities. In Cameroon, for example, in the event that
authorization is withdrawn, “edged weapons held by the security company shall be
automatically seized by the appropriate administrative body”; in the event of temporary
cessation of activities, “the protection equipment of the security company shall be deposited
for safe keeping with the appropriate authorities”. After a temporary cessation of activity of
more than six (6) months, said equipment may be sold or disposed of without
consideration.43 Tunisian legislation contains similar provisions whereby upon definitive
cessation of activities, the security company and its personnel must hand over all weapons
to the appropriate authorities.44
36.
Of the eight States reviewed, only Tunisia has laws that sanction to the illegal
holding of weapons. If an agent authorized to carry a weapon for the purpose of carrying
out a mission as part of his or her duties does not return the weapon immediately after
completing his or her mission, he or she “shall be punished with imprisonment of one year
and a fine of 1,000 dinars”.45
37.
The legislation reviewed depict patchy regulation, among the States, of the
acquisition and possession of weapons by PSCs. In order to ensure that PSC personnel
respect international standards relating to arms-control licensing procedures, arms transfer,
acquisition of arms and trafficking in arms, and are accountable for any related offences, it
is critical that States establish standard methods by which both PSCs and their personnel
acquire, export, import and possess weapons.
7.
Use of force and firearms by PSC personnel
38.
Only Burkina Faso, Côte d’Ivoire, the Democratic Republic of the Congo and
Morocco have specific laws on the use of force and firearms by PSC personnel. Those laws
explicitly state that the use of firearms during the exercise of any security activity is
authorized only in cases of legitimate defence.46 Morocco has a different approach, in that
the relevant law allows for PSC personnel to be armed and to use, inter alia, all means of
defence and control, in accordance with the applicable provisions contained in the relevant
laws and regulations.47 In Côte d’Ivoire, the use of firearms and grenades in guarding and
transport of funds is authorized under the conditions defined by the Minister of Internal
Security and the regulations concerning the carrying of firearms. However, the permit to
carry firearms must indicate the intended use of the arm. Furthermore, under no
circumstances shall a firearm permit issued for activities other than guarding or transport of
funds be used, under penalty of sanctions for carrying illicit firearms.48 Mali’s legislation
provides for the personnel of PSCs in charge of surveillance, guarding and transport of
funds to posses and use arms and ammunition only for the time necessary to carry out their
42
43
44
45
46
47
48
Côte d’Ivoire, Decree No. 2005-73, art. 31; Mali, Decree No. 2011-0599, art. 5; and Democratic
Republic of the Congo, Ministerial Decree No. 98/008, art. 6.
Cameroon, Decree No. 2005/031, arts. 31 and 32.
Tunisia, Decree No. 2002-81, arts 21–25.
Ibid., art. 34.
See, for example, Burkina Faso, Decree No. 2009-343, art. 38; and Côte d’Ivoire, Decree
No. 148/2007, arts. 1 and 2.
Morocco, Law No. 27-06, art. 13.
Côte d’Ivoire, Decree No. 2005-73, art. 30.
11
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