A/HRC/36/47
I. Introduction
1.
The present report provides an overview of the findings of the Working Group’s
global study on national legislation covering private military and security companies in 60
States from five regions worldwide. 1
2.
Between 2013 and 2016, annual reports to the Human Rights Council covered the
national legislation of thirteen anglophone African States, 2 eight francophone African
States3 and eight Asian States. The 2015 report4 covered the laws and regulations of eight
countries in Central America and the Caribbean, 5 eight countries in South America 6 and
four countries in Europe.7 The 2016 report8 covered six countries of the Commonwealth of
Independent States,9 four countries in the Asia and Pacific region, 10 and the United States of
America.11 Additional background and research documents relating to the regional studies
undertaken in the past four years are available on the Working Group’s website12 and can
provide more comprehensive and in-depth coverage of the national legislation referred to in
the present report.
3.
The global study was conducted to provide analysis of national legislation in order
to assess existing gaps, trends and good practices, which could help in developing guidance
on regulation within and of the industry. The methodology for the study included a
questionnaire sent to States13 in 2012. Over 30 States responded. Additional research was
conducted on States’ laws and regulations relating to private military and security
companies in all of the United Nations regional groups. The Working Group then analysed
the available laws and regulations, on the basis of the following criteria: (a) references to
conventions on mercenaries; (b) scope of application; (c) rules on licensing, authorization
and registration; (d) regulations on selection and training; (e) prohibited and permitted
activities of private military and security companies; (f) rules on acquisition of weapons by
private military and security companies; (g) use of force and firearms; and (h)
accountability.
4.
The Working Group would like to thank the Member States and all stakeholders that
contributed to the global study in the past four years.
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The report is non-exhaustive, and a more comprehensive coverage of the main issues can be found in
the Working Group’s annual reports to the Human Rights Council from 2013 to 2016.
See A/HRC/24/45, in regard to Botswana, the Gambia, Ghana, Kenya, Lesotho, Mauritius, Namibia,
Nigeria, Sierra Leone, South Africa, Swaziland, Uganda and Zimbabwe.
See A/HRC/27/50, in regard to Burkina Faso, Cameroon, Côte d’Ivoire, the Democratic Republic of
the Congo, Mali, Morocco, Senegal and Tunisia, and to China, India, Malaysia, Pakistan, the
Philippines, Singapore, Sri Lanka and the United Arab Emirates.
A/HRC/30/34.
Costa Rica, Cuba, El Salvador, Guatemala, Honduras, Mexico, Nicaragua and Panama.
Argentina, the Plurinational State of Bolivia, Brazil, Chile, Colombia, Ecuador, Peru and Uruguay.
(For Argentina, which has a federal system under which regulations are implemented by each
province, the regulations of the Province of Buenos Aires were analysed.)
France, Hungary, Switzerland and the United Kingdom of Great Britain and Northern Ireland.
A/HRC/33/43.
Azerbaijan, Kazakhstan, Kyrgyzstan, the Republic of Moldova, Tajikistan and Uzbekistan.
Australia, New Zealand, Nauru and Papua New Guinea.
Australia and New Zealand, along with the United States of America, are members of the Western
European and Others Group at the United Nations, one of the geopolitical regional groups into which
Member States have unofficially divided themselves.
See www.ohchr.org/EN/Issues/Mercenaries/WGMercenaries/Pages/NationalLegislationStudies.aspx.
With regard to the methodology for the Latin American States, the selection was focused on Spanishspeaking countries.
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