A/HRC/36/47
nationality,78 age,79 good moral standards,80 financial position81 and education,82 as well as
the applicant’s competences and experience. 83 At the same time, selection requirements
vary significantly (for example, regarding the criteria relating to the applicant’s criminal
record, the selection requirements vary in relation to the gravity of the crimes involved). 84
Also, while some laws are very detailed, 85 others have no specific description of the
selection process. 86 Furthermore, with only a very few exceptions (such as Guatemala,
Switzerland, and the Province of Buenos Aires), the Working Group found no laws
containing reference to international human rights and humanitarian law as part of the
selection process.
27.
As far as training the personnel of private security companies is concerned, overall
there is an inconsistent trend. States in general place emphasis on the necessity of providing
training to private security company personnel. Some States set adequate training as a
prerequisite to the selection of personnel. 87 Other countries arrange such trainings only
later, after the selection process, typically through those entities or organizations that are
responsible for regulating and/or controlling the private security sector, 88 or through
outsourced education centres.89
D.
Prohibited and permitted activities of private military and security
companies
28.
Legislation generally permits private security companies to guard and protect
persons and property or goods. 90 Mexican federal law even covers security services for
obtaining information, including background reports, as well as the installation and sale of
armour systems.
29.
Many of the laws reviewed also specify that the permitted activities can only be
carried out on private properties91 and that the companies are required to indicate that their
activities are private in nature,92 in order to differentiate themselves from the armed forces
and the national police or other public security forces. In the Hungarian legislation, for
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10
Staff of private military and security companies need to be nationals in Honduras, Mexico and
Nicaragua and in Cuba they need to be resident in the country. (In Costa Rica and El Salvador
personnel of such companies may be foreign residents.) Regarding South America, Brazil, Chile,
Colombia and Ecuador require that personnel be a national of the country concerned, while Peru
permits guards to have foreign nationality, and the Plurinational State of Bolivia permits foreign
advisers and requires an INTERPOL background certificate. In Colombia, partners of private security
companies and members of private security cooperatives must be native-born. In Azerbaijan,
Azerbaijani citizenship is required for the selection process.
Private military and security company personnel must be adults, according to the national legislation
in Latin American countries, as well as in Azerbaijan, Kazakhstan, Kyrgyzstan, Nauru, New Zealand
and the Republic of Moldova.
For example, Burkina Faso, Côte d’Ivoire, Mali, New Zealand and Senegal.
For example, in Nauru.
A minimum level of education is required in the States of Central and South America, as well as in
New Zealand.
For example, in Australia and Papua New Guinea.
Examples can be found among the francophone African countries reviewed, as well as among the
analysed countries of the Commonwealth of Independent States.
For example, in China, Pakistan, the Philippines and Singapore.
In general, in the national legislation in Central America, but also in Tajikistan and Uzbekistan.
For example, South Africa, all reviewed States in francophone Africa, and Australia, Azerbaijan,
Kazakhstan, Kyrgyzstan and the Republic of Moldova.
For example, in Malaysia, Namibia, New Zealand, the Philippines, South Africa and the United States
of America.
For example, in Azerbaijan, Kazakhstan, Kyrgyzstan, Peru and the Republic of Moldova.
In the region of the Commonwealth of Independent States, the information available to the Working
Group was limited to Azerbaijan and Kazakhstan.
For example, such reference is included in the legislation of francophone African countries, as well as
Central and South American States.
See more in the laws of France and of the francophone African countries.
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