A/HRC/35/23/Add.1
D.
Personal use of firearms
26.
Violence is also heightened by the extensive personal use of firearms, facilitated by
highly permissive legislation on arm possession and the rampant proliferation of private
security companies. In response to high violence rates in the country, people have resorted
to buying guns and hiring the services of private security companies.
27.
The Law on the Control of Firearms, Ammunition, Explosives and other Similar
Items allows anyone to request one or more licenses to possess and carry firearms. The
right to register up to five firearms was recently reduced to three. Estimates put the number
of firearms in circulation in Honduras at 800,000 to 1,000,000, of which only 282,000 are
registered. 7 It is evident that this permissive regulation has contributed to the spiralling
violence in the country and facilitated access to weaponry by gangs, organized criminal
groups and private security companies. A new draft law on gun control is currently being
considered by the National Congress, with a view to tightening regulations and access to
guns.
E.
Private security companies
28.
In a report, the Working Group on the use of mercenaries as a means of violating
human rights and impeding the exercise of the right of peoples to self-determination
indicated that there were 706 private security companies registered in Honduras, as well as
60,000 private guards, many of whom were illegal and unregistered. Given that there were
14,000 police officers in Honduras, the ratio of private security personnel to police was
almost 5 to 1.8
29.
The provision of private security services is subject to the Organic Law of the
National Police and the Regulations for the Control of Private Security Services. The law
entrusts the Ministry of Security to authorize, regulate and supervise private security
companies and creates a control unit for private security services to control and monitor
these companies. However, the authorities do not implement that mandate effectively.
There are insufficient vetting processes for the licensing of such companies and their
agents, inadequate supervision of their operations and a lack of control of the weapons used
and the training provided to private security agents. Many companies are reportedly owned
by or constituted of agents who are former military or police officers, including officers
suspected of past human rights violations. In addition, while the existing framework
regulates the types of weapons that companies may use, it does not set the conditions for
the use of arms and force. Moreover, violations of the Law and the Regulations do not seem
to result in the revocation of licences or sanctions.
30.
It is clear that in many cases private security providers play a positive role, for
which the police is currently not equipped. At the same time, they can and in some cases do
form part of the problem of excessive violence in society. The legal framework within
which they operate appears to be insufficient. The sector needs to be better regulated and
controlled. According to information from the Government received subsequent to the visit,
the Congress is considering a draft law on private security services aiming at reinforcing
regulations and forbidding certain public officials to hold ownership of private security
companies. Other sources indicated that the law had been pending approval for two years
and didn’t preclude anyone with a criminal or disciplinary record from being a member of
such companies.
31.
Private security staff have been linked to numerous attacks and killings, for
example, in areas of high social conflict. However, in a study, it was found that during
investigations police and prosecutors in Bajo Aguán routinely failed to take adequate steps
to ascertain the possible involvement of private security agents in serious crimes, including
7
8
See Inter-American Commission on Human Rights, Situation of Human Rights in Honduras
(December 2015), p. 27. Available from www.oas.org/en/iachr/reports/pdfs/Honduras-en-2015.pdf.
See A/HRC/24/45/Add.1, para. 14.
7
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