A/HRC/30/34
community guard services in Colombia and armoured transportation, which cover larger
areas.
86.
Generally, private security activities are complementary and subordinate to the work
of the police. Several regulations establish the duty of private security companies to
cooperate with the police in cases determined by law. In Colombia, such companies are
required to cooperate in crime prevention and to support the police in the event of a
disaster.64 Uruguay stipulates that they must support and cooperate with the police, for
example by providing them with information.65 Peruvian law requires cooperation at the
request of the executive branch in the event of a state of emergency. 66 In Ecuador, private
security companies must immediately cooperate with the national police and will be under
the authority of the armed forces during a state of emergency. In Buenos Aires, providers of
private security services must assist the police in its activities67 and make their material and
human resources available to the police in the event of a catastrophe or emergency. 68 Under
Bolivian regulations, private security companies must cooperate with the police when
required.69 The human rights implications that these provisions have in the sharing of
activities with national security forces need to be considered carefully.
Licensing, authorization and registration
87.
In most of the countries, the supervisory and inspection authority for licensing
private security companies is within the ministry responsible for public security. The
exception is Colombia, where the authority is the Office for Surveillance and Private
Security, a national technical agency with financial and administrative autonomy that is part
of the Ministry of National Defence.
88.
In all the countries under review, companies require authorization and permits in
order to provide private security services. The requirements can be general (Buenos Aires)
or specific to the service provided. Security service providers are always required to carry
out only the activities for which they are authorized and have a permit, which are stipulated
in contracts.
89.
A certificate of police and court records for private security personnel is a common
requirement to ensure suitability and good moral character. Brazil provides full details on
requirements for obtaining a permit, including certification of the absence of a police record
by the federal, state, military and electoral justice systems.
90.
Most legislation does not provide specific requirements concerning records of
violations of human rights. The exception is Buenos Aires, where private security
companies are prohibited from having partners that have benefited from amnesties No.
23.492 and No. 23.521 and been indicted for human rights violations. A certificate issued
by the competent human rights authorities is required as proof. 70 The absence of a police
record must be proven with a certificate from the National Registry of Recidivism and
Criminal Statistics, a certificate issued by the Ministry of Justice and Security and a sworn
declaration of non-involvement in a court case for felonies or misdemeanours related to
security activities. These requirements constitute a good practice in vetting the background
of employees.
64
65
66
67
68
69
70
16
Act No. 356/1994, art. 74 (6) and (12).
Act No. 275/1999, art. 2 (2.3).
Act No. 28.879/2006, art. 23 (j).
Act No. 12.297/1999, art.1.
Act No. 12.297/1999, arts. 9–11.
Act No. 222.544/2004, art. 34.
Act No. 12.297, art.8 (2); Acts No.23.492 and No. 23.521.
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