The significant size of private military and security companies (PMSCs) in a myriad of contexts create concerns for national authorities and challenges for regulation of this burgeoning industry.
The significant size of the private military and security (PMSC) industry across the world is also reflected in the diversity of services provided: from the protection of persons and property such as critical national infrastructure or extractive industries to border patrols, detention centres, and policing partnerships. PMSC personnel are also frequently armed with lethal or less lethal weapons.
As a result, PMSCs and their personnel create concerns for national authorities and challenges for regulation of this burgeoning industry:
- Outdated or obsolete laws that do not address the often transnational nature of PMSCs;
- Unclear definition of services in national legislation;
- Inadequate training and challenges for capacities of national regulatory authorities;
- Generic licensing , registration and/or contracting requirements;
- Inadequate oversight and accountability of PMSC activities;
- Ineffective or non-existent grievance mechanisms for victims of human rights abuses.
National regulatory authorities, parliamentarians, law and policymakers are in a unique position to ensure that democratic oversight is established and maintained to achieve transparency and accountability within the private security and military industry. As a response to the growing concerns related to the regulation of the PMSC industry, the Montreux Document Forum supports national authorities in developing or updating national regulations in line with international norms and good practices.
To address these and other challenges, the MDF has launched Advisory Support in Private Security Regulation.
We offer contextualized support packages, developed in consultations with national actors and driven by national challenges. The advisory support is guided by the principles of neutrality, impartiality, local ownership, inclusive participation, and gender equality. Support packages can take one of the following forms:
