A/HRC/27/50
under the national social insurance programme; employees must have regular training on
law, professional knowledge and skills; and regular assessment of work performance.
58.
Only some of the laws examined contain reference to the establishment of a security
agency register: Pakistan, 2000 Sindh Ordinance;96 Philippines, Republic Act No. 5487,
1969;97 and Sri Lanka, Act No. 45, 1998.98 The other laws do not expressly provide for such
register.
59.
None of the laws state the need for PSC personnel, including managers and owners,
to have specific training in, or knowledge of, human rights law or standards.
4.
Selection and training of PSC personnel
60.
There is a lack of uniformity in the laws reviewed with regard to the selection and
training of PSC personnel. There is no reference to training in human rights law and
standards in any of the laws, which focus rather on various types of training, including by
public institutions such as the police,99 or the issuance of letters of approval by government
authorities such as the Chief Police Officer.100 The selection criteria are covered in detail in
the laws of Pakistan (Sindh and Punjab Provinces), the Philippines and Singapore. With
regard to employee conduct, in some of the States reviewed,101 the conduct of PSC
personnel is also indirectly governed through the eligibility criteria established for granting
individual employee licences. Where employee licences are not required, the selection
criteria apply to the companies themselves. China’s State Council Order No. 564 is the
most detailed in this respect: it contains a long list of measures that security guards must
take when providing security and guard services. Some of the relevant laws establish a clear
limitations on security employees’ conduct, for example, the prohibition from carrying out
any activity or exercising powers normally conferred to police officers, customs officers,
immigration officers, prison officers or any other type of public officer.102
5.
Permitted and prohibited activities
61.
Each of the States reviewed regulates PSC conduct, in terms of permitted or
prohibited activities, differently. However, four aspects are regulated by the laws of two or
more States, namely the requirement for PSCs to exhibit their licence publicly and in a
conspicuous place;103 the requirement to keep an internal register of data;104 prohibition
from conducting criminal investigations;105 and prohibition from exercising any powers that
are normally conferred to public security officers.106 In that respect, the laws of Malaysia
and Pakistan, for instance, state that PSCs may not exercise the powers conferred on police,
96
97
98
99
100
101
102
103
104
105
106
See sect. 6 (6).
See sect. 8: “…the Chief of the Philippine Constabulary or his duly authorized representative shall
issue a permit for the issuance of such licence and register the same in his office …”. A detailed
schedule of six circumstances and their related fees in pesos or the applicable taxes is provided.
See sect. 6: register to be maintained by the Competent Authority.
Philippines, Republic Act No. 5487, 1969, sect. 6.
Malaysia, Act 27, 1971, sect. 9.
China, the Philippines and Singapore.
Malaysia, Act 27, 1971; Pakistan, 2000 Sindh Ordinance and 2002 Punjab Ordinance.
Sri Lanka, Act No. 45, 1998, art. 5 (4); India, Act No. 29, 2005, sect. 12; Philippines, Republic Act
No. 5487, 1969, sect. 10; and Pakistan, 2002 Punjab Ordinance, art. 9; Malaysia, Act 27, 1971, sect. 6
and United Arab Emirates, Decree No. 37, 2006, sect. 12.
India, Act No. 29, 2005, sect. 15; Sri Lanka, Act No. 45, 1998, art. 7 (2); and United Arab Emirates
Decree No. 37, 2006, sect.. 19.
Malaysia, Act 27, 1971, sect. 6; and United Arab Emirates, Decree No. 37, 2006, sect. 12.
Malaysia, Act 27, 1971, sect. 19 (2) (i); Pakistan, 2000 Sindh Ordinance, sect. 15.2 Additional, and
2002 Punjab Ordinance, art. 20.
17
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