A/HRC/30/34
the public order attributions of individuals and companies authorized to provide these
services are limited to those that the law grants to private individuals. Peru prohibits
companies from carrying out the kind of activities that are carried out by the armed forces
or the national police.86 In Ecuador, private security activities cannot encroach on the
police’s sphere of action.87 Colombia has a similar regulation.88
107. Peru has detailed regulations on prohibited activities, including those that compete
with the armed forces or national police.89 These prohibitions are possibly the result of the
scandal involving the FORZA Company. The regulation adds a general provision
prohibiting such companies from carrying out activities that violate the individual rights
enshrined in the Constitution of Peru.90 Colombia prohibits private security companies from
engaging in activities involving special and community guard services, intelligence
activities, combat training, confiscations, searches, interceptions or other illicit activity. 91
By article 5 of Act No. 3.607, Chile, “if required by the national interest”, prohibits all
individuals and companies from providing armed guards.
108. There are prohibitions covered in the laws of Uruguay and Buenos Aires aimed at
protecting constitutional guarantees and rights, 92 such that companies cannot intervene in
political, labour or religious conflicts and cannot exercise influence over political, trade
union or religious opinions.
Acquisition of weapons
109. All seven countries that allow the carrying of firearms require a permit for carrying
authorized firearms, both for companies and guards. This covers both the possession and
bearing of firearms. Companies must comply with the requirements as to their use and
custody. The general rule is that prohibited firearms cannot be used, or that the use of
certain firearms is restricted to the police or the armed forces. Identification credentials
must always be worn by guards and must indicate the type of firearm that is authorized. The
Plurinational State of Bolivia is the only country of those surveyed that does not permit
providers of private security services to carry firearms.
110. All legislation establishes which services may be carried out with or without
firearms; in some cases, an option is given to the provider. For example, the Peruvian
regulations prohibit the use of firearms when an individual performs guard services for
third parties. Colombia allows individuals to provide private security services, but only
unarmed.93 Chile does not allow companies to have armed guards. In Brazil, a guard has the
right to carry a firearm while on duty. 94 In Peru, Act No. 28.879 establishes that specialized
private security companies must have permits for their non-combat firearms and
ammunition. In Colombia, the firearms law distinguishes between a permit for possession
by individuals and companies and a permit to carry firearms for individuals and guard and
private security services. It also stipulates that a private security company can have a
maximum of one firearm for personal defence for every three guards in the company’s
employment. In Ecuador, the number of weapons is authorized in proportion to the
86
87
88
89
90
91
92
93
94
Act No. 28.878/2006, arts. 24 (c) and 28.
General provision No. 9, act No. 2003/12.
Act No. 356/1994, arts. 73 and 74 (2).
Act No. 28.879, art. 24.
Regulations for Act No. 28.879, art. 60 (j).
Act No. 2974/1997, art. 22.
Act No. 12.297/1999, art. 14. In Uruguay, Act No. 275/1999, art. 4 (4-2).
Act No. 2187/2001, art. 2.
Ordinance No. 3233/2012, art. 164.
19
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