A/HRC/30/34
44.
All reviewed countries require a written request to be made to the competent
authority and the submission of documentation, depending on the type of service and
whether it is for an individual or a company. A company’s charter, background information
on employees and management, the type of proposed activities and personnel, are all
required to obtain a permit. All regulations include the payment of fees, insurance for
damages to third parties and health insurance for staff. If a private security company has
firearms, it must have a secure place for storing them and certify that staff have completed
the required training. Additional information must be submitted regarding the company’s
installations, equipment and firearms. Operational manuals must be approved by the
authority. Permits are renewable for prescribed periods (two years in Nicaragua and
Honduras, three years in Guatemala and El Salvador and five years in Costa Rica and
Cuba) and can be denied, suspended, revoked or cancelled for non-compliance with legal
requirements and obligations.
45.
Cuban law differs in important ways from the other regulations. In particular, article
3 of Act No. 186/1998 establishes and regulates the system of security and the services that
can be provided in this sector.
46.
Panama requires that nationals be the owners of companies (Act No. 21/1992, art. 4)
and foreigners require special authorization from the Ministry of Government and Justice.
Mexican federal law requires Mexican nationality for individuals who want to operate
companies (art. 25, I and VI). Costa Rica allows resident foreigners to provide services as
guards, while foreign companies in Honduras requesting authorization must join with
Honduran companies involved in the same activity and name a Honduran-born manager
(art. 138).
47.
All the reviewed countries have a supervisory authority that maintains a register of
private security service providers with information on their activities and personnel.27
Selection and training of private military and security company personnel
48.
Generally, there is no description of the selection processes in the countries
reviewed but there are requirements for management and personnel. These differ depending
on whether the staff is armed or unarmed, and on the services involved.
49.
Private military and security company personnel must be adults with a minimum
level education, usually primary or basic education. In Cuba and Honduras, regulations do
not mention this element. Staff need to be nationals in Honduras, Mexico and Nicaragua.28
In Cuba, they must be resident in the country. In Costa Rica and El Salvador, personnel of
such companies may be resident foreigners, while Guatemalan law makes no reference to
nationality. Resident foreigners must be registered in their country of origin and have
resided in the country during the past five years.
50.
A common criterion for the eligibility of personnel is suitability and good moral
character, as confirmed by a clean police record. Costa Rican law requires candidates to
have had a clean record for the previous 10 years,29 Salvadoran law requires guards to not
have police records and Guatemala is the only country that requires candidates to prove that
their previous work contract was not terminated because they committed a crime or a
human rights violation. In Panama, candidates must not to have been expelled from a public
agency for committing a crime or a serious administrative infraction.30
27
28
29
30
10
Act of 2006, art. 8.
Honduras, Agreement No. 013/2009, art. 34 (b).
Act No. 227/2000, art. 14 (c).
Executive Order No. 21/1992, arts. 1 and 9.
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