A/HRC/30/34
crime or of having been sentenced by a federal, military or electoral court. This, however, is
not an obstacle to registration if the person has only been accused or tried for a crime,
sentenced to prison and been rehabilitated, when at least five years have passed from
completion of the sentence and in cases of conditional suspension of the procedure.79
99.
All the countries reviewed require a permit to indicate the firearm’s type and
authorise its carriage.
100. Reference to human rights is not commonly associated with the vetting of private
security personnel, except in Buenos Aires. The violation of basic rights by personnel is not
covered, which is a serious shortcoming.
101. Authorizations, permits and credentials of guards have varying durations: from two
years for special services in Colombia to five years in Brazil.
102. Except in the Plurinational State of Bolivia, private security personnel require
special training. In Buenos Aires, it is the supervisory authority that authorizes training
centres and approves their curriculum. 80 The regulations in Chile do not specify the
curriculum or duration, and it is the carabineros who provide instructions and approve
programmes and content.81 Ecuador allows the national police to establish training centres,
but human rights is not in the curriculum.
103. Peru recognizes specialized private security training centres, which must be
authorized by the Ministry of Education and the Ministry of the Interior. There is no
mention of human rights in the training course but specialized training centres are
prohibited from training and providing practice for mercenaries, in strict compliance with
the obligations contracted by Peru through international treaties and agreements in force.
Peru is the only one of the reviewed countries to refer to mercenaries in its law on private
security.
104. In Colombia, training must place special emphasis on respect for human rights. 82 For
special and community security services, the Government will promote special training
programmes on human rights and international humanitarian law along with other
subjects.83 The term “human rights” appears several times in Brazilian legislation. 84 The
regulations add that training must cover preserving the physical integrity of persons
confronted with the use of force in their work, in accordance with the principles of human
rights advocated by the United Nations.
Permitted and prohibited activities
105. Activities permitted by law are the surveillance and protection of persons and
property as established by regulations. All these activities are permitted if carried out
according to law and as defined in the contracts.
106. A common limit to private security companies is that they refrain from engaging in
activities reserved for public security institutions. The law on the Bolivian national police
prohibits activities that are similar to those of the national police.85 Uruguay provides that
79
80
81
82
83
84
85
18
Ordinance No. 3233/2012, art. 155 (VIII, 4).
Act No. 12.297/1999, art. 18.
Act No. 93/85, art. 9.
Act No. 365/1994, art. 74.
Act No. 2974/1997, art. 21.
Ordinance No. 3233, annexes; Act No. 7.102/1983, art. 16; and Ordinance No. 3233/2012, art. 155
(VI).
Act No. 734, art. 135.
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