A/HRC/27/50
military services abroad nor contain relevant jurisdiction provisions or clauses regarding
extraterritorial application.
3.
Licensing, authorization and registration of PSCs
25.
The laws of Burkina Faso, Côte d’Ivoire, Mali, the Democratic Republic of the
Congo and Tunisia12 provide for authorizations and licences to be granted by or registered
with the ministry responsible for internal security. In other countries, it is an
intergovernmental body under the ministry in charge of internal security or the local
government that is responsible for licensing and monitoring PSC activities.13 Morocco’s law
provides for a “competent administrative authority” in charge of reviewing the requests for
authorization, but does not specify further responsibilities or the relationship with a
supervising or monitoring ministry or other government body.
26.
As a precondition for granting a licence, Burkina Faso requires a “review of the
moral standards of the company’s managers”, while in Senegal, the authority in charge of
authorizing private security activities conducts an “investigation of the moral standards” of
the applicant, and in Tunisia, potential employees of PSCs must “be known to be of good
behaviour.”14 Nowhere is reference to human rights standards or training stated as being a
prerequisite for managers or personnel in order for a PSC to obtain authorization for a
licence.
27.
With regard to national registration of PSCs, only Cameroonian law requires the
relevant authority to “maintain a national record of security companies”.15 Morocco has a
self-registration system that obliges PSCs to establish and maintain an internal registry of
the identity of employees and other data necessary for monitoring their activities16 and
Tunisian law contains a similar provision, obliging the holder of the authorization to keep a
register within the Ministry of the Interior.17 Legislation of the remaining countries do not
make any reference to national or self-registration systems.
4.
Selection and training of PSC personnel
28.
The criteria for selecting PSC personnel indicate that a clean criminal record is a
high priority in the States analysed.18 However, the related provisions vary with regard to
the gravity of the offence. For example, in Burkina Faso, no one shall be a director or
manager of a security company, if he or she was “sentenced to mandatory imprisonment of
three (3) months or a suspended sentence of more than six (6) months for a crime or
12
13
14
15
16
17
18
8
Burkina Faso, Law No. 032/033, art. 24, and Decree No. 343/2009, art. 20; Côte d’Ivoire, Decree No.
2005-73, arts. 4, 14, 34 and 36, and Decree No. 150/2007, art. 4; Mali, Decree No. 96-064, arts. 2 and
6; Democratic Republic of the Congo, Decree No. 31/1965, art. 2; Tunisia, Decree No. 2003-1090,
arts. 1 and 2, and Decree No. 2002-81, art. 4.
In Cameroon, a commission under the supervision of the Ministry for Local Government reviews
authorization requests; in Senegal, the request for authorization is submitted for review to a
consultative committee whose composition is determined by a decree of the Minister of the Interior.
Burkina Faso, Decree No. 343/2009, arts. 16 and 20; Senegal, Decree No. 2003-447, art. 3; and
Tunisia, Decree No. 2002-81, art. 6.
Cameroon, Decree No. 2005/031, art. 2.
Morocco, Law No. 27-06, art. 11.
Tunisia, Decree No. 2002-81, art. 18.
See for example, Burkina Faso, Decree No. 343/2009, arts 9 and 10; Côte d’Ivoire, Decree No. 200573, art. 13; Mali, Decree No. 96-020, art. 13, and Decree No. 96-064, art. 3; Morocco, Law No. 2706, arts. 2 and 5; Senegal, Decree No. 2003-447, arts. 2 and 4; and Tunisia, Decree No. 2002-81, arts.
6 and 11.
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