CONFERENCE REPORT ON THE REGULATION OF THE PRIVATE SECURITY SECTOR IN AFRICA

This report documents a conference held on 19–20 April 2007 in Pretoria, South Africa, organized by the Institute for Security Studies (ISS). The event brought together academics, practitioners, and government officials to discuss the growth, regulation, and legal implications of the private security sector (PSS) in Africa, with a specific focus on the distinction between legitimate private security companies (PSCs) and mercenary activities.

• The growth of the private security sector in Africa is attributed to the existence of 'weak states' following the Cold War, where rulers lacked internal legitimacy and were unable to manage military challenges. This environment, combined with problematic disarmament, demobilisation and reintegration (DDR) processes and the end of apartheid in South Africa, led unemployed soldiers to form private military industries, private security companies, and private military companies.
• The privatisation of security in Africa often creates a 'security dilemma' where services primarily benefit the wealthy and businesses in urban areas, while rural and poor populations remain exposed to the same risks as before. This commercialisation of security is seen as a result of the state abdicating its responsibility to provide basic security to all citizens.
• In the Democratic Republic of Congo, the demand for private security is driven more by 'perceived insecurity'—stemming from political unrest and instability—than by actual insecurity. Regulation in the DRC is described as limited, ill-defined, and arbitrarily implemented, with the government lacking effective oversight mechanisms.
• Kenya's private security industry is one of its fastest-growing service sectors, yet it operates in a 'policy vacuum' with no specific government regulations or rules to standardise operations; instead, it is governed by the same general laws that apply to any other enterprise.
• South Africa's regulatory framework for private security is relatively advanced but faces challenges. A draft Bill on mercenarism has been criticized for potentially restricting the right to choose a trade freely and for granting excessive discretion to the executive. Additionally, there is a noted lack of a formal oversight body to monitor misconduct and sanctions for private policing, unlike the Independent Complaints Directorate used for the police.
• Under International Humanitarian Law (IHL), there is no 'legal vacuum' for private military and security companies (PMCs/PSCs) in armed conflict; they are bound to respect IHL norms. However, their specific status and protections depend on whether they are classified as combatants or civilians, which is determined by whether they take 'direct part in hostilities'.
• The Swiss Initiative, launched in 2006 by the Swiss Federal Department of Foreign Affairs and the ICRC, aims to promote respect for IHL and human rights by private military and security companies in conflict zones. It seeks to develop good practices and regulatory models to help states meet their responsibilities, as the existing international legal framework is considered sparse and insufficient.
• The Institute for Security Studies (ISS) project aims to support the regulation of the private security sector in Africa by developing pro forma legislation and influencing the revision of the 1977 OAU/AU Convention for the Elimination of Mercenarism in Africa.

APA

Institute for Security Studies (2007). CONFERENCE REPORT ON THE REGULATION OF THE PRIVATE SECURITY SECTOR IN AFRICA. https://issafrica.s3.amazonaws.com/site/uploads/PRIVSECREPAPR07.PDF

Chicago

Institute for Security Studies. CONFERENCE REPORT ON THE REGULATION OF THE PRIVATE SECURITY SECTOR IN AFRICA. 2007. https://issafrica.s3.amazonaws.com/site/uploads/PRIVSECREPAPR07.PDF.

Wikipedia

{{cite report |author=Institute for Security Studies |title=CONFERENCE REPORT ON THE REGULATION OF THE PRIVATE SECURITY SECTOR IN AFRICA |date=2007 |url=https://issafrica.s3.amazonaws.com/site/uploads/PRIVSECREPAPR07.PDF |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{instituteforsecuritystudies2007conference, author = {{Institute for Security Studies}}, title = {{CONFERENCE REPORT ON THE REGULATION OF THE PRIVATE SECURITY SECTOR IN AFRICA}}, institution = {Institute for Security Studies}, year = {2007}, url = {https://issafrica.s3.amazonaws.com/site/uploads/PRIVSECREPAPR07.PDF}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }