A/HRC/32/39
there is a need to ensure that those laws are in line with international human rights
standards and best practice regarding the use of force. More generally, private
security providers must be subject to oversight and accountability from the State.
120. Where States directly contract security services from a private security
provider, the standards and level of the State’s responsibility for the actions of its
agents must remain unaffected. Where private corporations or individuals contract a
private security provider, or where corporations provide their own security, the
standards remain effectively the same, a fact that should be clarified by national
legislation. States must impose on private security providers and their personnel a
duty of precaution concerning recruitment, training, equipment, planning, command
and control, and reporting. Moreover, in circumstances they assess as likely to require
the use of force, private security personnel have a responsibility to inform State law
enforcement, and to follow any instructions they are given.
121. It is vital that States, the security industry and civil society all take steps to
address the data gap with respect to lethal incidents relating to the use of force by
both State law enforcement and private security personnel. Without reliable
information about the use of force by all entities potentially involved it will be difficult
for States and the international community to assess the impact of the privatization of
security on the full realization of the right to life by all, without discrimination.
V. Recommendations
Recommendation to the United Nations
122. The Human Rights Council should continue to pay significant attention to the
impact of private security providers on a broad range of human rights, including the
right to life, and to underline the important principle that the outsourcing of security
provision must in no way lower standards of protection.
Recommendation to regional human rights mechanisms
123. Where they do not already exist, regional human rights mechanisms should
consider establishing forums or frameworks to allow greater scrutiny of the activities
of the security sector in the regional context.
Recommendations to States
124. States should keep registers of and issue licenses to private security providers
operating within their borders, or domiciled within their territory and operating
across borders, that have demonstrated compliance with requirements established by
legislation.
125. States should actively participate in and engage with international
organizations and multilateral and multi-stakeholder processes aimed at improving
the monitoring and regulation of private security provider activities.
126. States should, where necessary, engage in a process of legal and policy reform
to achieve the following:
(a)
Clarify the responsibilities of private security providers in relation
to human rights when operating both locally and abroad, particularly when the
private security provider is registered or domiciled within its territory;
(b)
Require that all private security providers have vetting and
training procedures that include human rights norms and principles;
21
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