A/HRC/33/43
Selection and training of personnel
24.
Except for Tajikistan and Uzbekistan, all the other countries have established
eligibility criteria for the recruitment of private security guards.20 A clean criminal record is
standard, but some countries permit convictions for less serious crimes. For example, the
laws of Kazakhstan and Kyrgyzstan bar individuals with a prior criminal record, while in
Azerbaijan, only individuals with a past felony conviction are disqualified. The provisions
also vary in relation to the age requirement: individuals must be at least 18 years old to
qualify as a security guard in Kyrgyzstan and the Republic of Moldova while the minimum
age requirements are 19 and 20, respectively, in Kazakhstan and Azerbaijan. Kyrgyzstan
also excludes individuals with incapacity due to a physical or mental disability, while
Azerbaijan requires Azerbaijani citizenship as well as medical evidence of the absence of
psychiatric disorders.
25.
Azerbaijan, Kazakhstan, Kyrgyzstan and the Republic of Moldova also provide
information on the qualifications and training requirements for private security guards.21 A
special training or preparatory course is required in all four countries. In addition,
Azerbaijan requires the completion of mandatory military service while in Kyrgyzstan, the
training can be waived with three years of experience in law enforcement.
26.
In Azerbaijan, the training course must be organized by State education centres,
while in Kazakhstan and Kyrgyzstan, the training can be carried out by specialized nonState educational or training centres that have been approved and licensed by the
Government. In the Republic of Moldova, certified educational institutions can conduct the
qualification courses but training, retraining and accreditation must be obtained from the
Ministry of Internal Affairs.
27.
The analysis shows that while most countries have established a framework for the
vetting and training of private security company personnel, training on human rights is not
provided. The Working Group urges the mandatory inclusion of human rights in the
training curricula to build awareness and respect for international standards as well as to
minimize the risk of violations.
Permitted and prohibited activities
28.
Among the six reviewed countries, only the legislation of Azerbaijan and
Kazakhstan provide guidelines on the types of services private security companies are
permitted to provide. The laws of Kazakhstan contain general and broad provisions22 while
those of Azerbaijan list the permitted services in detail.23
29.
Regarding prohibited activities, all the reviewed laws apart from those of Tajikistan
and Uzbekistan contain restrictions on private security companies. The laws of Azerbaijan,
Kyrgyzstan and the Republic of Moldova focus on the protection and privacy of persons.
The laws of Azerbaijan and Kyrgyzstan require private security companies to cooperate
fully with the State and they may not “withhold information on committed or planned
crimes from law enforcement authorities”.
20
21
22
23
Azerbaijan: Law No. 266-IIG; Kazakhstan: Government Decree No. 1421; Kyrgyzstan: article 14-2
of Law No. 35; Republic of Moldova: Law No. 283-XV.
Azerbaijan: Law No. 266-IIG; Kazakhstan: Government Decree No. 1126; Kyrgyzstan: Law No. 35;
Republic of Moldova: article 24 of Law No. 283-XV and Government Regulation No. 667 of 8 July
2005.
Article 4 of Law No. 85-II.
Article 5 of Law No. 266-IIG.
7
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