A/HRC/30/34
dignity, personal and family intimacy and confidential communications, or any other right
protected by the Constitution and international human rights treaties.51
71.
Guatemala is the only reviewed State that prohibits private security companies from
recruiting a person who has worked for another such company and was dismissed for
human rights violations. Costa Rica sanctions an individual or a company that violates the
prohibition on detaining someone and depriving him or her of his or her freedom.
72.
Mexican law provides criteria to determine the appropriate sanction applicable to an
infraction. Guatemala has established the crime of “illegal provision of private security
services” when such services are provided without authorization and made it punishable by
a 6–12 year prison sentence and a fine.52 In Costa Rica, private security personnel who
operate with suspended or cancelled permits can receive a prison sentence of between three
months and two years.53
Ratification of conventions on mercenaries
73.
Only three of the eight countries studied have ratified the International Convention
Against the Recruitment, Use, Financing and Training of Mercenaries: Cuba (2007), Costa
Rica (2001) and Honduras (2008). This convention has not been referred to in the laws
reviewed.
South America
Scope of the legislation
74.
For Argentina, which has a federal system wherein regulations are implemented by
each province, the regulations of the Province of Buenos Aires are analysed.
75.
All regulations reviewed cover the provision of private security within that country.
There are no laws applicable beyond national borders and no reference to extraterritorial
application. The export and import of private security services are not regulated.
76.
The rules do not regulate private military security services or mention military and
private security companies.
77.
In general, private security services are provided for guarding property and persons,
including at public events, by personal body guards, detectives or private investigators,
through consulting services, technological surveillance and alarm services, the marketing of
equipment for guarding and private security and for the transport of valuables. Regarding
armoured transportation in Argentina, Act No. 12.297/1999 (Buenos Aires) covers the
transportation, guarding and protection of any legal transfer, except the transport of funds.
It also covers private services, such as obtaining evidence for civil law suits.
78.
Several regulations classify private security services as armed or unarmed.
Colombian law stipulates that services can be provided by individuals without firearms.
Ecuador classifies services as fixed guard duty, mobile guards and private investigation. 54
Guards cannot carry firearms in the Plurinational State of Bolivia.
79.
Several regulations, like those of Colombia, also recognize private security services
that are part of a company’s own security provisions.55 There are also special guard services
51
52
53
54
55
14
Act No. 51/2010, art. 58 (3b).
Act No. 51/2010, art. 66.
Act No. 8395/2003, art. 53.
Act No. 2003/12, art. 2.
Act No. 356/1994, art. 17.
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