A/HRC/30/34
guards, the regulations provide that they must inform the authority of any criminal acts and
violations of human rights and international humanitarian law that they learn about during
the course of their work. For community services, an oversight council is created, which
submits quarterly reports to the Office with recommendations to ensure public security,
opens activities to public scrutiny and provides effective monitoring. 98 This is a good
practice.
120. In Brazil, activities are supervised by a department of the federal police. The
regulation requires private security companies to communicate immediately to the
specialized private security delegations or the inspection commissions in their area about
illegal activities in which their guards are involved. 99
121. In Buenos Aires, the supervisory authority audits and applies sanctions, and must
make at least one annual inspection. In Ecuador, the law provides for monitoring and
regulation of private security companies by the Ministry of Government and Police together
with the Office of Business Oversight, and inspections may take place at any time and
under any circumstances, with the Ministry applying sanctions for infractions committed. In
the Plurinational State of Bolivia, the national authority responsible for private companies
supervises and monitors the operations of such companies and ensures compliance with
regulations, efficient and transparent operations, periodically inspects the companies and
issues warnings.100 Regulations establish the responsibility for management of the
companies and their personnel, for any negligent activities or for the commission of crimes
during their work.
122. In Peru, the Office for the Control of Security Services, Firearms, Ammunition and
Explosives for Civilian Use supervises private security activities and prosecutes those that
violate the human rights enshrined in the constitution. 101 In Uruguay, the Ministry of the
Interior is responsible for regulating and inspecting private security companies, and
proposes sanctions in the event of infractions. In Chile, it is the prefecture of carabineros
that supervises, inspects and regulates companies with armed and unarmed guards.
Ratification of conventions on mercenaries
123. Only two countries have ratified the International Convention against the
Recruitment, Use, Financing and Training of Mercenaries: Uruguay (1999) and Peru
(2007). There are no regional regulations governing the activities of mercenaries. The
concept of mercenary activities is mentioned only in the legislation of Peru on private
security services.
IV. Conclusions and recommendations
124. The research revealed that while all analysed countries have legislation
regulating private security companies, each country approaches the privatization of
the security industry differently, which results in patchy and inconsistent regulation.
The Working Group stresses that the different approaches and regulatory gaps
demonstrated in the study may result in a serious undermining of the rule of law and
the accountability of private military and security company personnel for violations of
the law. Furthermore, regulatory gaps create potential risks to various fundamental
98
99
100
101
Act No. 2974/1997, art. 13.
Ordinance No. 3233/1012, art. 165.
Act No. 222544, art. 7.
Act No. 003/2011, arts. 55, 59 and 60 (j).
21
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