A/HRC/36/47
Swaziland (which have no legislation that addresses the private security sector), 55 all
countries analysed covered mainly the activities of private security companies, with only
very few or no provisions at all on private military companies and their services. However,
the present report commonly refers to the term “private military and security companies” in
order to cover the various types of companies in the diverse countries that have been
reviewed in the global study.
21.
The Working Group notes that private security companies also carry out functions
that can be deemed “military” and that this issue needs to be addressed or assessed further.
It is therefore important to assess the types of services offered by private security
companies.
22.
Regulated activities of private security companies include, in general, the protection
and patrolling of sites and the protection and guarding of persons,56 but this list is often
extended with further activities. In Europe, Central America and anglophone Africa, the
services of private security companies cover mostly surveillance, the transportation,
protection and shipment of cash, jewels, precious metals and other valuables, and the
conducting of investigations. 57 The United Kingdom law covers services provided by
security consultants, and in Switzerland, activities related to traffic management, assistance
to public authorities, the transport of detainees, and private detective services are also
regulated. In Central America, private security companies also engage in the maintenance
of order at public events, bodyguard services, transportation, the manufacture and
marketing of security equipment and systems, and the provision of security advice. 58 In
South American national legislation the range of activities of private security companies is
more detailed and covers services including obtaining evidence for civil lawsuits. 59
Zimbabwean law covers activities of private investigators, which is also the case for the law
of the Philippines and of Singapore. China and Sri Lanka are unique in covering services to
the public sector. In the United Arab Emirates law, government bodies are included in the
definition of private security companies, suggesting that a government body can be used to
offer private security services.
B.
Licensing, authorization and registration of private military and
security companies
23.
With regard to the bodies in charge of licensing and regulation of private military
and security companies, the analysis shows that no specific bodies exist on private military
and security companies. These functions are performed by the units or departments within
ministries responsible for internal security 60 or justice 61 or defence, 62 or by a specialized
intergovernmental body63 or a central government64 or local government65 authority.
55
56
57
58
59
60
8
There is currently no law that specifically deals with the private security industry in Kenya, whereas
the Swazi legislation does not regulate the industry, the enterprises or companies, or even the security
officers, but only the “wages” associated with those involved in the security industry, through the
Regulation of Wages (Security Services Industry) Order, 2011.
See Burkina Faso, Law No. 032/2003, art. 23, and Decree No. 2009-343, art. 2; Côte d’Ivoire, Decree
No. 2005-73, art. 2, para. 1; Democratic Republic of the Congo, Ministerial Decree No. 98/008, art. 1;
Morocco, Law No. 27-06, art. 1; Senegal, Decree No. 2003-447; and Tunisia, Decree No. 2002-81,
art. 1 (a).
France has Law No. 83-629; Switzerland has the Concordat on security companies, of 1996, and the
decree on the hiring of private security companies, of 2007; Hungary has Act No. CXXXIII, of 2005;
and the United Kingdom has the Private Security Industry Act, of 2001.
See A/HRC/30/34, para. 40.
In the Province of Buenos Aires, Argentina, Act No. 12.297/1999 covers the transportation, guarding
and protection of any legal transfer, except the transport of funds. It also covers private services, such
as obtaining evidence for civil law suits.
For example, in the reviewed States in Central and South America (with the exception of Colombia),
in some countries of anglophone Africa (such as the Gambia, Nigeria and Zimbabwe) and of
francophone Africa (such as Burkina Faso, Côte d’Ivoire, the Democratic Republic of the Congo,
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