A/HRC/30/34
and private community security services that operate as cooperatives, community action
groups or community enterprises, providing security to their members. Chile obliges
banking and financial institutions, public entities, armoured transportation companies,
strategic companies and public services to maintain their own private guard services. 56
80.
Most legislation does not mention international conventions and treaties on human
rights except for in Brazil, Colombia and Peru.57 Peru prohibits mercenary activities. A
Brazilian 2012 ordinance mentions human rights, in the annexes covering the training
curriculum. Colombian law states that “citizens must have sufficient legal recourse for the
exercise of their constitutional rights that effectively guarantees and preserves observance
of … international treaties and conventions on human rights”.58
81.
Colombian regulations require private security personnel to inform the competent
authorities when they learn of any criminal act or violation of human rights while carrying
out their activities.
82.
Most of the reviewed countries expressly prohibit active members of the police and
armed forces from undertaking private security activities. In Uruguay (Act No. 275/1999),
management-level police officers are prohibited from participating as owners, partners or
representatives of companies providing security, or from having any link or relationship
with private security companies. Ecuadorian law extends the prohibition to the spouses and
relatives to the second degree of consanguinity, to active members of the police and
officials, employees and civil servants who work for the Ministry of National Defence, the
Ministry of Government, the national police, the armed forces and the Office of Business
Oversight. In Colombia, members of the military, police officers in active service, staff of
the Ministry of National Defence and the Police, the Administrative Department of Security
and the Office of Surveillance and Private Security cannot be partners or employees of
security guards.59 Buenos Aires extends this ineligibility to security personnel and
employees of intelligence and prison services.60 Chile and Peru do not have this prohibition.
83.
The Plurinational State of Bolivia merits special mention, because it prohibits not
only the members of the armed forces and the national police from participating in private
security services, but also public officials at any level in active service .61 This is unique, and
due to the existence of the so-called battalion of private physical security, which is part of
the national police and which hires out police officers as security officers. Criticisms of the
battalion are based on the national police being the institution that authorizes, supervises
and inspects private security companies, which claim that because they are not authorized
to carry firearms, they are at a disadvantage in competing with the battalion.62
84.
Except for Chile, ex-members of the police and the armed forces who have been
discharged for having committed infractions or crimes are prohibited from providing
private security services.
85.
Private security activities are generally limited to the sites, buildings and private
spaces specified in the contracts.63 This restriction becomes less precise in activities such as
56
57
58
59
60
61
62
63
Act No. 3.607, art. 3.
Ecuador in its regulations on private investigations (Act No. 1181/2008, art. 7).
Act No. 2974/1997.
Act No. 356/1994, art. 78.
Act No. 12.297/1999, art. 8.
Act No. 222544/2004, art. 38.
See Patricia Arias, “Seguridad privada en América Latina: el lucro and los dilemas de una regulation
deficitaria”, FLACSO-Chile (2008), p. 34.
Chile, Act No. 3.607, art. 1.
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