A/HRC/33/43 19. Almost all of the reviewed legislation includes provisions for the particular activities related to private military companies. Moreover, in the Republic of Moldova12 and Uzbekistan,13 the intentional killing and infliction of bodily injury for profit or mercenary motives shall be punishable by law. 20. The scope of legislation in the countries reviewed generally covers only private security companies, although in Kazakhstan, the legislation covers both private and public security organizations. Under the law in Azerbaijan, certain public places (e.g., the National Bank, various administrative sites and oil and gas export infrastructure) may be protected only by State security services, not private security companies.14 In Tajikistan, there do not appear to be any specific laws on private security companies. In Uzbekistan, the laws on private security companies have undergone dramatic changes since the adoption of a decree on 24 January 2014,15 which prohibited non-governmental organizations and individuals from engaging in security activities. Licensing, authorization and registration 21. Apart from Tajikistan and Uzbekistan, all the other countries have provided for a regulatory framework for the licensing and registration of private security services. In Azerbaijan, a licence is required to provide private security services16 while a licence can be obtained for providing both private security services and private detective services in Kazakhstan17 and the Republic of Moldova.18 Laws in both Azerbaijan and the Republic of Moldova stipulate that foreign security organizations are not allowed to conduct operations within their territories; with amendments to the law on terrorism, Azerbaijan has further toughened the penalties on involvement in foreign mercenary activities. 22. In Kyrgyzstan, under the current law private organizations intending to carry out the security functions listed in the law must be established especially for that purpose.19 The Ministry of Internal Affairs is proposing to introduce an amendment to the law which imposes stricter requirements, including provisions prohibiting those without experience in law enforcement and relevant training, as well as persons who have been convicted of crimes, suffer from mental illness and/or are addicted to alcohol or drugs, from working as private guards and requiring those responsible for such groups to have higher education. However, the amendment also proposes to replace the licensing regime with a registration procedure. 23. While most of the reviewed countries have regulatory guidelines, gaps in implementation and enforcement have been identified. These include the lack of a clear and publicly accountable body dedicated to licensing, a mechanism for monitoring the postlicensing activities of private security companies and a national registration system for such companies. The Working Group is of the view that a standard set of human rights-based criteria for licensing, a national registration system and a single expert body dedicated to licensing and monitoring the activities of private security companies are desirable to exert effective control over this industry. 12 13 14 15 16 17 18 19 6 Articles 151 and 152 of the Criminal Code. Chapters 1 and 2 of section one of the Criminal Code. Decree of the Cabinet of Ministers No. 32 of 7 February 2008. Regulation of the Cabinet of Ministers No. 16 of 24 January 2014. Article 17 of Law No. 266-IIIG. Article 5 of Law No. 85-II; Law No. 202-V of 16 May 2014; Government Decree No. 1421; Government Decree No. 909. Article 5 of Law No. 283-XV; articles 8 (19) and 13 (1) of Law No. 451. Article 14 of Law No. 35.