A/HRC/30/34 III. Research on national legislation concerning private military and security companies A. Introduction 15. The Working Group continued its global study of national laws regarding private military and security companies to assess their effectiveness in protecting human rights and promoting accountability for violations. The study aims to identify any commonalities, good practices and regulatory gaps that may exist. The present report focuses on the laws and regulations of eight countries in Central America and the Caribbean (Costa Rica, Cuba, El Salvador, Guatemala, Honduras, Mexico, Nicaragua and Panama), eight countries in South America (Argentina, Bolivia (Plurinational State of), Brazil, Chile, Colombia, Ecuador, Peru and Uruguay) and four countries in Europe (France, Hungary, Switzerland and the United Kingdom). In its 2014 report to the Human Rights Council, the Working Group focused on eight francophone African States 3 and eight Asian States (A/HRC/27/50);4 in its 2013 report, it focused on 13 Anglophone African States (A/HRC/24/45).5 In its next report to the Council, to be submitted in 2016, the Working Group intends to focus on the national legislation of countries in Eastern Europe, the Pacific and North America. 16. The Working Group hopes that its global study will result in guidance that will help Member States to regulate the growing number of private military and security companies. The national laws on such companies in the present report were analysed using the following elements: (a) scope of the legislation; (b) licensing, authorization and registration; (c) selection and training of personnel; (d) permitted and prohibited activities; (e) rules on the acquisition of weapons; (f) use of force and firearms; (g) accountability for violations and remedies for victims; and (h) ratification of the International Convention against the Recruitment, Use, Financing and Training of Mercenaries. B. Analysis Western Europe Scope of the legislation 17. France, Hungary, Switzerland and the United Kingdom have national legislation on the private security industry. The United Kingdom, however, has only some provisions related to licensing and authorization, and adopts a self-regulatory approach within the framework of the British Association of Private Security Companies that covers such aspects as financial sanctions, compulsory training courses, site inspections and the suspension or withdrawal of membership rights.6 3 4 5 6 Burkina Faso, Cameroon, Côte d’Ivoire, the Democratic Republic of the Congo, Mali, Morocco, Senegal and Tunisia. China, India, Malaysia, Pakistan, the Philippines, Singapore, Sri Lanka and the United Arab Emirates. Botswana, Ghana, the Gambia, Kenya, Lesotho, Mauritius, Namibia, Nigeria, Sierra Leone, South Africa, Swaziland, Uganda and Zimbabwe. Kerry Alexander and Nigel White, “The regulatory context of private military and security services in the UK”, (University of Sheffield, 30 June 2009), pp. 16-18. 5

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