A/HRC/36/47
36.
The legislation reviewed depicts a variety of regulations regarding the legal
acquisition and possession of weapons by private security companies, and the research
shows that only very few States address the question of illegal acquisition and possession of
weapons and its consequences. The Working Group notes that the wide access by personnel
of private military and security companies to weapons and firearms, and the lack of
standard methods and regulation of such companies and their personnel in relation to both
the legal and the illegal acquisition of weapons and also to trafficking in firearms, may
result in increased risks of human rights abuses and of lack of accountability for related
offences.
F.
Use of force and firearms
37.
The regulation on the use of force varies among States. Some States are silent, for
instance, on the use of firearms by private military and security providers, while a number
of States regulate this. Whereas certain States request personnel of private military and
security companies to meet specific regulations, developed exclusively for such
companies,116 others are satisfied with private security companies’ staff meeting the rules
governing the use of firearms by the population at large. 117
38.
The Working Group notes that regarding the question of allowing or prohibiting
private military and security company personnel to use force and firearms, the reviewed
countries’ legislation typically follows two approaches. Some choose to allow private
security company personnel to carry and use firearms under certain conditions, 118 while
others opt for prohibiting the use of firearms 119 and provide a list of exception clauses with
certain conditions.120
39.
Most of the States reviewed in the Asian and Central and South American regions
allow private security company personnel to carry and use firearms, but require specific
licences, permits, authorizations or registration, 121 including information about the
ownership of the weapon, 122 or define certain activities (such as duty 123 or travel 124) and
places (e.g. where security and guard services are provided by contract 125), during which
and where the firearm is allowed to be used. Some of these States specifically note that
private military and security companies are prohibited from using undue force 126 or from
using force when it is not strictly necessary.127
40.
States that choose the prohibition as the general rule (and those few whose relevant
national legislation was available for analysis) provide exceptions for the use of force and
firearms by private military and security company staff, such as legitimate defence (e.g.
Burkina Faso, Côte d’Ivoire, the Democratic Republic of the Congo, Kyrgyzstan, Morocco,
the Republic of Moldova and the United States of America), necessity or exigency
(Kyrgyzstan, the Republic of Moldova and the United States of America) or both (Hungary
and Switzerland). Some of these States (Kyrgyzstan, the Republic of Moldova and the
United States of America) provide legislation on the conditions under which private
116
117
118
119
120
121
122
123
124
125
126
127
Burkina Faso, Côte d’Ivoire, the Democratic Republic of the Congo, Morocco and Uganda.
For example, in Lesotho and Mauritius.
As the Working Group saw from the global analysis, most reviewed States of the Latin American and
Asian regions follow this path.
The Gambia and Nigeria.
For example, Burkina Faso, Côte d’Ivoire, the Democratic Republic of the Congo, the Gambia,
Hungary, Kyrgyzstan, Morocco, Nigeria, the Republic of Moldova, Switzerland and the United States
of America.
See, for example, the legislation of Cuba, Malaysia, Singapore and Sri Lanka.
For example, in El Salvador and Panama.
In general, in all reviewed Central American countries.
For example, in Panama.
In the national legislation of South American States.
Guatemala.
Costa Rica.
13
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