A/HRC/30/34
with international human rights standards. It is essential to ensure the accountability of
private military and security companies and their personnel to the Government of their
country of origin, registration or operation. Standardized and effective accountability
mechanisms need to be established to ensure the enforceability of regimes regulating the
activities of private military and security companies, as well as the necessary penal
accountability and civil liability of both individuals and corporate actors26 for human rights
violations.
Ratification of conventions on mercenaries
38.
While none of the four countries have signed or ratified the International Convention
against the Recruitment, Use, Financing and Training of Mercenaries, all are party to the
Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the
Protection of Victims of International Armed Conflicts (Protocol I), article 47 of which
defines the term “mercenary”.
Central America
Scope of the legislation
39.
The relevant laws are applicable only within the country (none provide for
extraterritorial application).
40.
Certain activities are stipulated in all legislation, such as the guarding and protection
of property and persons, the maintenance of order at public events, the provision of
bodyguard services, the provision of secure transportation, the manufacture and marketing
of security equipment and systems, and the provision of security advice.
41.
With respect to human rights references, in the law of Guatemala human rights are
to be protected together with personal and collective security rights. This is also a major
focus of public security in El Salvador.
There is no mention of international humanitarian law in any of the regulations reviewed.
International human rights treaties are referenced in Guatemalan law, while Costa Rican
law mentions international treaties in the context of the security of diplomatic
representations.
Licensing, authorization and registration
42.
Although all countries have provisions for obtaining authorization and operating
permits, most do not make reference to specific human rights law as a prerequisite for
obtaining them. Exceptions are Costa Rica, El Salvador and Guatemala, which do not,
however, include human rights violations in the list of infractions.
43.
Supervisory authority is exercised by the ministries responsible for public security
and, in a few cases, by the police. These entities are responsible for ensuring compliance
with the laws that regulate the activities of private security companies. They generally
monitor compliance with requirements, grant authorizations and issue permits. In the event
of non-compliance, they apply sanctions, which range from a warning and a fine to the
suspension or cancellation of a permit. They also renew authorizations and permits. In
certain cases, they define and authorize training programmes and curricula (Guatemala).
They also carry out periodical inspections and keep records submitted by private security
providers.
26
See the Guiding Principles on Business and Human Rights.
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