A/HRC/30/34
human rights, such as the right to security, the right to life, the prohibition of the
arbitrary deprivation of liberty, the prohibition of torture, cruel, inhuman or
degrading treatment and the right of victims to effective remedies.
125. Few countries have national legislation that covers the activities of private
military and security companies abroad. Considering the transnational nature of
private security and military services, the insufficient regulation regarding the scope
of the analysed legislation seriously weakens the rule of law. In contexts in which
borders between countries are porous, it is necessary to fill the gaps and promote
regional and subregional agreements for the regulation of private military and
security companies, to effectively protect the rule of law, human rights and exercise of
the right of peoples to self-determination.
126. Another important gap is that these regulations do not directly address
military-like activities or private military and security companies. The transnational
and military services provided, in armed conflict and other complex scenarios such as
the so-called war on drugs, increase the probability of the use of firearms by
personnel of private military and security companies, and the risk of violation of
human rights. Precise regulations governing the use of force and firearms are thus
required, as is ensuring the possibility of pursuing those responsible beyond national
borders. Brazil has regulations requiring training in the use of gradual and
progressive force in order to preserve the physical integrity of persons confronted
with the use of force during private security activities, in accordance with United
Nations principles of human rights. The Working Group recommends this as a good
practice.
127. The research also indicates that there are serious regulatory gaps concerning
the illegal acquisition of weapons and trafficking in arms by private military and
security company personnel and their consequences, and there are divergent
approaches regarding the use of force and firearms. The example of El Salvador,
involving making weapons, ammunition and other equipment available to the national
police in the event of a strike or legal stoppage of private security services, is a
recommended good practice at the national level. An international convention would
provide for private military and security company personnel some standard rules and
methods for acquiring, exporting, importing, possessing and using weapons and would
ensure that the staff of private military and security companies are held accountable
for the illegal acquisition of weapons, trafficking in arms and prohibited use of force
in all parts of the world.
128. In general, across regions, legislation lacks references to company or personnel
compliance with the standards of international human rights law and humanitarian
law, penal accountability and civil liability of individuals and corporate actors, as well
as effective remedies to victims. Given the right of victims of human rights violations
to effective remedies, the lack of relevant rules results in ineffective regulation of the
private security industry. An international convention would ensure the
accountability of private military and security companies by providing standardized
and effective accountability mechanisms. Such mechanisms would also ensure the
enforceability of the regimes regulating the activities of private military and security
companies, as well as the necessary penal accountability and civil liability of both
individuals and corporate actors for human rights violations.
129. The weaknesses of the systems of selection and background checking, as well as
the training of operational personnel, make more difficult for them a good
understanding and internalization of legal norms and principles. In order to deal with
these challenges, standards for evaluating activities that go beyond mere compliance
with formalities must be established, instilling respect for rights and concrete
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