A/HRC/36/47
military and security companies may exceptionally use force or firearms. Again, there is no
uniformity on the regulation of this issue.
41.
While some good examples exist (Azerbaijan, the Democratic Republic of the
Congo, Kyrgyzstan, the Republic of Moldova and the United States of America), most of
the reviewed States’ national legislation has no specific rules on the use of high-calibre
weapons or special devices and equipment that usually involve lethal force. Only very few
States’ national legislation offers details about mandatory training of private military and
security company personnel on the use of force and firearms (the Philippines, Uganda and
the United States of America, and the States of South America), and even less on the rules
of engagement of private military and security company staff (China and the United States
of America).
42.
The Working Group notes with concern that in most of the cases analysed, the
requirements for the use of firearms are generally very diverse and broadly defined, the
content of the training for using firearms is vaguely described, regulations on the type and
the calibre of firearms that are allowed to be used is usually missing, only very few
concrete regulations were found on the use of force and firearms in the light of human
rights standards, and only few rules were found to punish the firearms-related behaviour of
private military and security company personnel more severely than that of ordinary
citizens. Furthermore, although international human rights standards require that firearms
be used proportionately, only in self-defence or defence of third persons and in a manner
likely to decrease the risk of unnecessary harm, States, with some exceptions, do not
provide sufficiently detailed regulations, requirements and procedures for compliance with,
and accountability and remedies for violations of, human rights norms in connection with
private military and security companies’ possession and use of firearms.
G.
Accountability
43.
Most States have an established system for monitoring the activities of private
military and security companies, which is generally administered by the agency that
authorizes or licenses such companies and that is in charge of conducting regular
inspections.128 However, the monitoring systems are usually very broad, vary in form and
content, or lack specifics on the content of monitoring activities and inspections. 129
Determining compliance with the standards of international human rights law and, where
applicable, of international humanitarian law is normally not part of the monitoring bodies’
mandate.
44.
With very few exceptions, States have no detailed rules on reporting obligations as
regards infractions or violations of domestic and/or human rights law committed by private
military or security companies. Basically, States do not provide much detail about the
nature of infractions or violations that are required to be reported on, 130 and/or they cover
only violations of provisions regarding permissible activities, licensing, authorization,
recruitment and other administrative processes, which result mostly in administrative
sanctions applied by the authorizing or licensing agencies in the form of a warning, a fine, a
temporary suspension of the company’s activities, or withdrawal of authorization. 131
Among all the laws analysed, the Working Group found examples of provisions for
reporting on or punishing offences or violations related to international human rights law or
international humanitarian law only in Colombia, Guatemala, Peru, Switzerland and
Tajikistan.
128
129
130
131
14
See, more particularly, the examples of the Plurinational State of Bolivia, Brazil, Chile, Côte d’Ivoire,
Ecuador and Uruguay, and of the Province of Buenos Aires, as well as the examples of Kazakhstan,
Kyrgyzstan, New Zealand, the Republic of Moldova and Tajikistan.
As was noted by the Working Group, for example, in relation to the countries of the Commonwealth
of Independent States.
See, for example, Côte d’Ivoire, the Democratic Republic of the Congo and Senegal.
See, for example, the States of francophone Africa, Costa Rica and Guatemala, the States of South
America, and Nauru, New Zealand and Papua New Guinea.
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