A/HRC/30/34
51.
Costa Rica, El Salvador and Guatemala require a psychological and a physical
exam. El Salvador and Nicaragua require the person to be of sound mental and physical
health.
52.
Cuban regulations do not spell out the requirements with which operational
personnel must comply. The requirements are regulated by the Ministries of the Interior,
Labour and Social Security.
53.
In general, there are no requirements linked to human rights in the regulations of
these countries, except in Guatemala, where 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.
54.
Most regulations require passing courses provided by an institution recognized by
law. However, the laws and the regulations do not indicate what should be included in the
curriculum or its duration, except in a few cases, where such information is mentioned in
general terms. There are no established standards or supervision concerning the quality of
the training, although there are some requirements for the use of firearms.
55.
Nicaragua prohibits the use of firearms considered to be combat weapons. Panama
requires training on the administration and use of firearms and at least two shooting range
practices per year.31 Costa Rica requires private security personnel to pass a course given by
the national police academy.
56.
Most countries do not mention curricula relating to human rights, except El
Salvador, Guatemala and Mexico. Mexican regulations require a service provider to offer
courses to its personnel that follow an authorized model with content on human rights at
least once a year. Salvadoran legislation gives certain details about the contents and
mentions courses covering procedures for private agents on human rights. Guatemala
requires theoretical and practical training on human rights in accordance with international
standards and on the use of force and firearms.32
57.
The weakness in the requirements regarding training content and its duration
constitute a risk for the respect and protection of human rights, especially when only a
relatively low level of education is required for personnel. It is essential to have minimum
standards in both respects, which ensure that personnel acquire basic knowledge and
internalize human rights standards as the ethical and legal framework for private security
activities. They must act responsibly in situations involving possible legitimate use of force,
especially since all regulations permit the use of weapons.
Permitted and prohibited activities
58.
Permitted activities include the guarding and protection of property, persons and
public events, the provision of body guard services, the provision of secure transportation
services, the manufacture and marketing of security systems and the provision of securityrelated advice. All countries but Nicaragua mention private investigations. Mexican federal
law covers security services for obtaining information, including background reports, as
well as the installation and sale of armour systems.
59.
Private companies are limited to operating only in the places or buildings for which
they have been contracted. In exceptional cases, for example in Nicaragua, private security
personnel are permitted to work in public places. To avoid confusion, uniforms, credentials,
31
32
Executive Order No. 22/1992, art. 3.
Act No. 52/2010, art. 51 (c).
11
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