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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