A/HRC/36/47
military company or private security company carrying out activities in a foreign country
could be subjected to criminal prosecution as well.
10.
Various States in Latin America27 have specific registration systems at the national
level for private security companies. Cameroon, Pakistan, the Philippines and Sri Lanka
also have similar regulatory provisions. The Province of Buenos Aires also requires the
supervisory authority to keep a registry of the persons authorized to provide private security
services, and also of persons who have been rejected for infractions. 28
11.
With regard to the licensing and selection process, four States in Asia (China, the
Philippines, Singapore and the United Arab Emirates) require licensing for a company
providing private security services, and for individual security personnel or employees. 29
The requirement for personnel of private security companies to obtain licences can be an
important vetting mechanism to ensure that qualified persons are employed, but also that
persons with past convictions relating to human rights abuses are excluded. As for the
relationship between the licensing and selection process and human rights standards, the
Working Group notes that according to the Swiss legislation, “competent authorities” can
decide to prohibit, wholly or partially, certain activities because they may be contrary to the
aims of the law, including services that may be used to commit human rights violations.
Another good example is the legislation of the Province of Buenos Aires, where private
security companies are prohibited from having partners that have benefited from amnesties
and been indicted for human rights violations, and a certificate issued by the competent
human rights authorities is required as proof.30 In Guatemala, candidates who have served
in the army, the national civilian police, the government intelligence services or another
private security company must prove that if they were dismissed it was not because they
committed a crime or a human rights violation.
12.
Good examples of references to international human rights and humanitarian law
standards in the training of personnel of private security companies are found in the Swiss
legislation, which requires companies to train their personnel in applicable national and
international law, including on fundamental rights. Reference to “human rights” appears
several times in Brazilian legislation, in which it is stated that training must cover
preservation of 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. 31
El Salvador, Guatemala,32 Mexico33 and Colombia34 require a private security company to
offer training on human rights to its personnel. Colombia refers to a special training
programme involving international humanitarian law. 35
13.
In the United States, Congress established a legislative framework in the National
Defense Authorization Act requiring the Department of Defense, in coordination with the
Department of State, to be in charge of the licensing of private military and security
companies and to prescribe regulations on the selection, training, equipping and conduct of
27
28
29
30
31
32
33
34
35
Brazil, Cameroon, Chile, Colombia, Ecuador and Peru. Also Pakistan, the Philippines and Sri Lanka,
and the Province of Buenos Aires.
Act. No. 12.297.
Regarding China, see Order of the State Council No. 564, Regulation on the Administration of
Security and Guarding Services, of 2009. Regarding the Philippines, see the Private Security Agency
Law, 1969 (Act No. 5487), as amended by Presidential Decree No. 11, 1972, and, subsequently, by
Presidential Decrees No. 100, of 1973, and No. 1919, of 1984. Regarding Singapore, see the Private
Security Industry Act, 2007 (Act No. 38). Regarding the United Arab Emirates, see Federal Decree
No. 37, of 2006, concerning Private Security Companies (art. 11, which provides that the company
may not contract a security employee until it has obtained the approval of the competent authorities
and fulfilled the restrictions and conditions specified in the law’s executive regulations).
Act No. 12.297, art. 8 (2); and Acts No. 23.492 and No. 23.521.
Ordinance No. 3233, annexes; Act. No. 7102/1983, art. 16; and Ordinance No. 3233/2012, art. 155
(VI).
Act No. 51/2010, art. 51 (c).
Art. 25 (VIII), federal law of 2006.
Act No. 365/1994, art. 74.
Act. No. 2974/1997, art. 21.
5
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