A/HRC/27/50
customs, immigration, prison officers or any other kind of public official. Aside from the
four aspects mentioned above, the permitted and prohibited activities of PSCs vary from
country to country and there are no provisions for the application of human rights standards
or principles.
6.
Regulations on the use of force and acquisition of weapons by PSC personnel
62.
Most of the States reviewed allow PSC personnel to carry firearms. Singapore’s law
prohibits private guards from carrying certain firearms unless the employee has a special
permit; Sri Lanka has a similar requirement. Malaysia’s law makes no mention of the use of
firearms by PSC personnel, but its indicates that an arms licence may be issued to a
responsible person designated by the security company. A common detail that is usually
missing from the regulations is the type of firearms and other non-lethal weapons that
security guards can use. China’s regulations107 on the use of guns by guards and escorts are
a good example of legislation that limits the use of firearms and defines the rules of
engagement. The laws reviewed also differ in their regulation of training that PSC
personnel must have in order to obtain a licence to handle firearms. There are no clear or
uniform standards on this issue. Training requirements in some States108 provided for fail to
specify minimum standards; the Philippines allow PSC personnel to carry weapons subject
to the provision of training to security guards and limitations on the types of weapons
carried. Sri Lanka’s law vaguely states that the Minister may establish regulations with
regard to the level of competence in the use of firearms for PSC personnel and the
certificates for the use of firearms are issued by the local police departments.
63.
Illegal acquisition of arms is rarely addressed in the relevant laws. The law of the
United Arab Emirates mentions the prohibition from acquiring or carrying firearms, but
most of the laws reviewed make no mention of arms or weapons. However, this may be due
to the fact that specific laws regulate the sale and possession of firearms, and does not infer
that PSCs have impunity with regard to this issue.
7.
Accountability for violations of the law committed by PSC personnel and remedy for
victims
64.
Only two States, namely China109 and Malaysia,110 clearly recognize the obligation
to report information concerning any offence or violation of their respective laws. The Sri
Lanka law provides for the obligation to furnish reports to the competent authority, which
could be construed as including reports on offences or violations.111 However, specific
provisions for reporting human rights offences or violations is generally absent from among
the laws reviewed, which raises important questions about the impact of PSC operations on
human rights and the issue of accountability.
65.
A good practice observed in China provision is the duty of the employer or the
security company to provide compensation in cases where a security guard causes injuries
or casualties.112 The law of the Philippines also provides for what is considered to be good
107
108
109
110
111
112
18
China, Regulations on the Administration of the Use of Guns by Full-time Guards and Escorts, 2002.
Pakistan (Punjab) and Singapore.
See China, State Council Order No. 564, 2009, art. 29, which states that the security guard shall stop
any violation or crime occurring within the service area in a timely fashion. Moreover, it states that he
must promptly report to the police any violation or crime that he could not stop, while simultaneously
taking measures to protect the scene.
Malaysia, Act 27, 1971, sect. 6.
Sri Lanka, Act No. 45, 1998, sect. 7 (2).
See China, State Council Order No. 564, 2009, art. 46: “Where a security guard causes personal
injuries and casualties or property losses to others during his security and guarding services, the
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