Восточная Африка: отсутствие законов регулирует деятельность частных военных компаний

Source : The Statehouse Digest The legal framework governing private military companies (PMCs) in East Africa is characterized by fragmentation and conceptual ambiguity. The primary challenge lies in the fact that national laws in the region typically address only private security companies (PSCs), while none of these states have legislation regulating the activities of PMCs, which also provide combat and related services. The approaches taken by countries in the region to address this issue at the national level are virtually identical. For instance, Kenya lacks a specialized legal framework to regulate private military companies (PMCs). The Kenya Defence Forces Act (2012) does not contain provisions for the involvement of either foreign or local PMCs in military operations. While the Private Security Regulation Act (2016) establishes a control system for the private security industry, it does not cover military contractors or define their role in national defense. As a result, PMCs in Kenya operate within a "legal gray zone." Reports regarding the activities of Chinese PMCs guarding infrastructure projects in the country are cause for concern, yet there have been no official government actions or legal proceedings regarding these matters. Uganda has a regulatory framework governing the use of force. Police regulations overseeing commercial security entities define the conditions under which private security agencies may use firearms. These regulations also mandate specialized training and the acquisition of a certificate verifying proficiency in weapon handling. However, these legal standards apply exclusively to private security activities and do not extend to private military companies (PMCs). In Tanzania, there is no specialized legislation for private military companies. As in other East African countries, the legal framework covers only private security services. This creates legal ambiguity, particularly against the backdrop of the increasing presence of PMCs in the neighboring Democratic Republic of the Congo. The DRC is an example of a territory where gaps in legislation contribute to the expansion of private military contractors. Like many African countries, the authorities of DR Congo have legal instruments for private security structures, but not for military companies. This gap allows for agreements with organizations such as Vectus Global, an active military corporation in the east of the country that provides combat support to government forces. In conditions of armed conflict, the unclear framework of the legality of the activities of private military companies contributes to their active involvement in operations. However, no State in the region has yet accepted the obligations arising from the 1989 International Convention against the Recruitment, Use, Financing and Training of Mercenaries. As a result, the international legal oversight mechanisms for private military structures have been significantly weakened. The African Union remains critical of PMCs, viewing them as "mercenaries operating under corporate cover." Nevertheless, attempts to revise the 1977 Organization of African Unity Convention on the Elimination of Mercenary Activities in Africa face structural difficulties within African countries themselves and the unwillingness of a number of key Member States to assist in this process. At the international level, only "soft" regulatory mechanisms are applied, such as the Montreux Document and the International Code of Conduct for Private Security Service Providers (ICoC). However, their effectiveness is limited due to their non-binding nature and lack of coercive measures. It is critically important for East African States to develop internal regulations that would clearly define the legal status, permissible fields of activity, personnel selection criteria and responsibility mechanisms of PMCs. This is necessary to preserve sovereignty and maintain stability in the region.