A/HRC/30/34
Act No. 21 of Panama states that firearms can be purchased only on the domestic market. 42
The lack of regulation in this area is one of the gaps observed in this region.
Use of force and firearms
64.
All legislation permits the carrying and use of firearms by private security personnel,
within limits. There are differences not only with regard to the type of weapon authorized
but also to the requirements for ownership and use. For example, Panama requires each
firearm to be assigned to a specific security guard; failure to do so is an infraction.43 El
Salvador permits private security agents to use of their own firearms after informing the
national police.44
65.
Generally, authorized firearms are to be used by personnel when they are on duty.
Panama permits the carrying of firearms exceptionally during travel. In Cuba, firearms may
be carried in public only with authorization of the Minister of the Interior. 45
66.
Most regulations do not cover the calibre of firearms. Mexican law obliges a
provider to use only registered firearms while Cuban law does not specify the calibre that is
authorized by the Ministry of the Interior.46
67.
Nicaraguan regulations provide that persons guilty of a crime against the public
order or State security or involved in a terrorist act, narcotic trafficking, domestic violence,
human trafficking and sexual crimes cannot own or carry firearms for civilian use. 47 In
Panama, in the case of domestic conflict or a declaration of war, firearms belonging to
private security companies come under the direct supervision of the Ministry of
Government and Justice.48 In El Salvador, in the event of a strike or legal stoppage of
private security services, the supervisory body will make weapons, ammunition and other
equipment available to the national police and will then return them once the situation has
returned to normal.49 This type of restriction is considered to be good practice, as it aims to
decrease the risk of carrying and using firearms in unstable situations.
68.
It is prohibited in Guatemala to use undue force, and steps must be taken to prevent
harm to life and physical integrity and the violation of other rights of individuals.50 In Costa
Rica, the ethical-legal principles governing police activities, including the principle of using
force only when strictly necessary, apply to private security companies.
69.
The lack of regulations governing the use of firearms and provision of sanctions is a
gap that places persons at risk. In the light of permitted use of firearms by private security
personnel, consideration should be given to addressing this.
Accountability for violations and remedies for victims
70.
Concerning sanctions against human rights violations, there are differences in the
laws reviewed. Guatemala considers it a serious infraction to infringe on the right to
42
43
44
45
46
47
48
49
50
Act No. 21/1992, art. 8.
Executive Order No. 21/1992, art. 27 (d).
Act No. 227/2000, art. 27.
Decree No. 186/1998, art. 34.
Act No. 52/1982, art. 6.
Act No. 510/2005, art. 15.
Executive Order No. 21/1992, art. 18.
Act No. 227/2000, art. 16.
Act No. 51/2010, art. 59 (j).
13
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