A/HRC/36/47
24.
As for the registration of private security companies, apart from a few States’
legislation that provides the possibility of a specific register, 66 States require either
voluntary self-registration67 or registration in the general trade and commerce register. 68
25.
As a precondition for obtaining a licence, States have a variety of requirements,
including “suitability” or “good conduct/good behaviour”, “moral standards”, qualifications
and training, and a clean criminal record. In francophone African countries, for example,
the requirements of “good behaviour”69 and “moral standards”70 seem to be considered the
most relevant, whereas in all reviewed States in Asia, it is equally important that private
security company employees possess certain training qualifications and have clean criminal
records. In Latin America, States put specific emphasis on the criteria of securely storing
firearms used by private security company personnel, and they generally require additional
information on the company’s installations, equipment and firearms. Another important
requirement in Central American States is that the owners of private security companies
must be nationals;71 the relevant laws provide only a very limited margin of operations for
foreign companies.72 This element is similarly important in some of the countries of the
Commonwealth of Independent States, which stipulate that foreign security organizations
are not allowed to conduct their operations within their territories. 73 In addition, in the
legislation of South American States, the “suitability” and the “good moral character” of
private security company employees are typically required to be certified by the police or
by court records, and contracting third-party liability insurance 74 or insurance for
employees75 is also a common requirement for obtaining a permit.
C.
Selection and training of personnel of private military and security
companies
26.
Among the minimum selection criteria for personnel, States often list a variety of
requirements, including the applicant’s clean criminal record, 76 fitness for the job, 77
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
Mali and Tunisia), as well as in Asia (Malaysia and Singapore) and in Europe (France and the United
Kingdom).
For example, in New Zealand.
For example, in Botswana, and in some cases in Latin America.
For example, in Cameroon, Colombia, Kenya, Lesotho, Namibia, Nauru, Papua New Guinea, Senegal
and Sierra Leone.
For example, in China, India, Pakistan, the Philippines, Sri Lanka and the United Kingdom.
For example, in most of the States of the Asian region, or in federal States such as China, India and
Pakistan. Moroccan law provides for a “competent administrative authority” in charge of reviewing
the requests for authorization, but does not specify further responsibilities or the relationship with a
supervising or monitoring ministry or other government body.
For example, in States of Latin America (Brazil, Chile, Colombia, Ecuador and Peru, and also in the
Province of Buenos Aires, in Argentina), and in Cameroon, Pakistan, the Philippines and Sri Lanka.
For example, in Morocco and Tunisia.
For example, in general in the European States reviewed and in the Asian region.
See, for example, the legislation of Tunisia.
See, for example, the relevant laws of Burkina Faso and Senegal.
See, for example, the laws of Mexico and Panama.
See, more particularly, the legislation of Costa Rica and Honduras.
See, for example, the legislation of Azerbaijan and Uzbekistan.
For example, in the Plurinational State of Bolivia, Colombia and Ecuador.
For example, Brazil and Chile.
Burkina Faso, Costa Rica, Côte d’Ivoire, El Salvador, Lesotho, Mali, Morocco, Panama, Senegal and
Tunisia, and the countries of South America and of the Commonwealth of Independent States, as well
in general.
For example, in Costa Rica, El Salvador and Guatemala, a psychological and physical examination is
required. In Brazil, Chile, Ecuador, Peru and Uruguay, and in the Province of Buenos Aires, a
certification of physical and psychological aptitude is required. Kyrgyzstan excludes individuals with
incapacity due to physical and mental disabilities, and Azerbaijan requires medical evidence in case
of psychiatric disorders. In the Pacific region, the national legislation of Australia and of Papua New
Guinea also sets as a requirement the fitness of the applicant.
9
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