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Principles and Guidelines on Human and Peoples’
Rights while Countering Terrorism in Africa
PART
ENGLISH
8
PRIVATE SECURITY
CONTRACTORS (PSC)
A. Accountability of Private Security Contractors: States shall seek to ensure respect for regional and international human rights, humanitarian, and refugee law by private security contractors (military and
non-military) they contract. In particular, States must ensure that private security contractors are adequately vetted and regulated; the identity of private security contractors and their functions, powers,
and immunities are publicly known; their personnel are adequately vetted and trained, including in
applicable standards of international human rights, humanitarian, and refugee law; appropriate measures are taken to prevent any violations; contractors and their personnel are compelled to promptly
report to the competent authorities instances where a human rights violation may have occurred;
and those responsible for any violations are held to account through administrative, disciplinary, or
judicial sanctions, where required or as appropriate.
Explanatory Note: See, African Charter on Human and Peoples’ Rights, Article 1; Comms.
147/95 and 149/96, Dawda Jawara v. The Gambia (May 2007), para. 32; Comm. 245/02,
Zimbabwe Human Rights NGO Forum v. Zimbabwe (May 2006), para. 143; Comm. 74/92,
Commission nationale des droits de l›Homme et des libertés v. Chad (October 1995), para.
20; African Union Convention for the Protection and Assistance of Internally Displaced
Persons in Africa, Article 3(1)(H); International Law Commission, Responsibility of States
for Internationally Wrongful Acts, Articles 8 and 9; and Montreux Document on pertinent
international legal obligations and good practices for States related to operations of private
military and security companies during armed conflict, Part I(A)(3). *The provision from the
Montreux Document on pertinent international legal obligations and good practices for
States related to operations of private military and security companies during armed conflict
reflects “existing legal obligations of States and PMSCs and their personnel.”