A/HRC/30/34
91.
A common requirement for obtaining a permit is the obligation to contract third-part
liability insurance (Bolivia (Plurinational State of), Colombia and Ecuador, and the
Province of Buenos Aires) or insurance for employees (Brazil and Chile); submit proposed
models of uniforms and credentials, which must be different from those used by the police;
and show proof of the availability of offices for deposit of firearms. Authorizations and
permits have a fixed duration, which varies among countries.
92.
Most of the legislation requires a special register for private security companies (not
always at the national level) and another for individuals who provide security services. In
general, private security companies must keep registers of their staff, contracts, inspections
carried out, users and records of issues concerning firearms and ammunition. The exception
is the Plurinational State of Bolivia, which only requires registers and records of daily
activities, contracts, accidents, hiring and dismissals, transfers and permits. 71
93.
In Brazil, companies have a register with the federal police and companies
specialized in armoured car services must be registered with the army.72 In Ecuador,
companies must be registered in a special ledger of the business register.73 In Peru, the
registry of companies and personnel is kept by the Office for the Control of Security
Services, Firearms, Ammunition and Explosives for Civilian Use. In Chile, the prefectures
of the carabineros keep a registry,74 while in Colombia, it is the Office for Surveillance and
Private Security.75
94.
Buenos Aires requires the supervisory authority to keep a registry of the persons
authorized to provide private security services and also of persons rejected for infractions of
Act No. 12.297. The maintenance of such a register is a good practice and, if established at
the national level, would result in better monitoring of private security personnel who have
committed infractions.
Selection and training of personnel
95.
Common requirements for private security personnel include having reached the age
of majority and having a clean police record. A certification of physical and psychological
aptitude (Brazil, Chile, Ecuador, Peru and Uruguay, and Buenos Aires) is also required.
Personnel cannot be an ex-member of the police or armed forces discharged for infractions.
96.
Several countries require that personnel be a national of that country (Brazil, Chile,
Colombia and Ecuador). Peru permits guards to have foreign nationality, while the
Plurinational State of Bolivia permits foreign advisers and requires an INTERPOL
background certificate. In Colombia, partners of private security companies and members
of a private security cooperatives must be native-born.76
97.
In most cases, guards must have completed basic or primary schooling. In Peru, they
are required to have completed secondary education.
98.
All countries require proof of a clean police record.77 Ecuador excludes anyone who
has been sentenced to prison or who has been dismissed by another private security
company for proven crimes.78 In Brazil, personnel must have no record of involvement in a
71
72
73
74
75
76
77
78
Act No. 222544/2004, art. 26.
Act No. 7.102/1983, arts. 17 and 31.
Act No. 2003/12, arts. 10 and 11, and Act No. 1181/2008, art. 12.
Act No. 1773/1994, art. 23.
Act No. 2355/2006, art. 4 (4) and (9).
Act No. 356/199, art. 12 (4).
Act No. 003/2011, arts. 18 (c) and 41 (d).
Act No. 2003/02, arts 4 and 5.
17
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