Regulations of Private Security Companies Regional Perspective by wuxiangyu

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									                            Departamento de Seguridad Pública
                       Secretaría de Seguridad Multidimensional
                                  Secretaría General de la OEA




Regulations of Private Security Companies
          Regional Perspective


                                             Sheridon Hill
 Caribbean   Landscape
 PSI   Background and Operations
 Legislation

 Regulation

 Challenges    to Regulation
 Regional   Response
 Recommendations
   High crime rates (UNODC/World Bank Report 2007)
   High murder rates
         9 of 14 countries had increased murder rates 2000 - 9
   Rising gang violence (gang-related murders T&T, Jamaica, SKN)
   Responses at State and Police Levels
   Initiatives at Sub- Regional (CARICOM), Regional (OAS/DSP) and
    International Levels (UNODC) and academia (UWI)
   Private Security Industry
       Growth industry in most jurisdictions
       In non-OECS territories number of private security personnel
        larger than public security personnel
   Assists public law enforcement
       Contributes to feeling of security
       Good working relationship with police
   Areas of Operation
       Public sector
       Private sector
       New ground: Prison transport and inclusion in national crime plan
•   No training guidelines
•   Disregard for recruiting guidelines
•   Unprofessional/poor training-provides false sense
    of security
•   No quality control/no value for money
•   Lack of research (including credible statistics) on
    Caribbean Private Security Industry
Country               No. Of Police    No. Of Private        No. Of Private
                        Officers      Security Officers    Security Companies
Antigua and Barbuda       632           Not available         Not available
Bahamas                  2,540           2,100 (est.)           180 (est.)
Barbados                 1,005              1,455                  33
Belize                   1,196              1,180                  67
Dominica                  423                182                   10
Grenada                   957                817                   20
Guyana                   2,970              5,398                  76
Jamaica                  8,441        15,778(registered)     170(registered)
St. Kitts and Nevis       400                600                10(est.)
St Lucia                  956             250(est.)             26(est.)
St Vincent and the        831                381                    9
Grenadines
Trinidad and Tobago      6,415        13,610(registered)     231(registered)
                                      *Estimated 55,000
Country               Primary Legislation                                       Other Legislation
Antigua and Barbuda   Private Security Regulations Act 2006             Companies & Firearms Act
Bahamas               Private Security Act; Inquiry’s Agents Security   Companies & Firearms Act
                      Guard’s Act 1976
Barbados              Private Investigators and Security Guards Act     Companies & Firearms Act
                      1985
Belize                Private Security and Investigation Services Act   Companies & Firearms Act
                      138-01 2003
Dominica              NIL                                               Companies & Firearms Act
Grenada               NIL                                               Companies & Firearms Act
Guyana                Private Security Services Bill No 38 of 2009      Companies, Firearms Act,
                      (Bill passed but not Assented)                    Immigration and Labour Act

Jamaica               Private Security Regulation Authority Act 1992    Companies & Firearms Act

St. Kitts and Nevis   Private Investigators and Security Guards Act     Companies & Firearms Act
                      2004
St. Lucia             Private Security Act 2006                         Companies & Firearms Act
St. Vincent and the   Private Security Act 2006                         Companies & Firearms Act
Grenadines
Trinidad and Tobago   Supplemental Police Act Chapter 15:02 1906        TTPS Act Ch 15:01, Firearms &
                                                                        Companies Act
Country               Licensing of Companies             Regulatory Body            Composition of Body

Antigua and Barbuda   Sec 16 PSRA 2006             National Security Council     Not expressly stated in Act

Bahamas                                            PI & SG Licensing Board       Commissioner of Police

Barbados              Sec 4 (1) PI & SG Act 1996   Must apply to Minister        Not stated in Act

Belize                Sec4 (1) (a) PS & IS Act     Commissioner of Police        Commissioner of Police
                      138-01 2003
Grenada/Dominica      Register of Companies        Registrar of Companies and
                                                   Commissioner of Police**
Jamaica               Sec 10 PSRA Act 1992         Private Security Regulation   Chairman appointed by
                                                   Authority                     Parliament and other state
                                                                                 employees
St. Kitts and Nevis   Sec 310 PI AND SG ACT        Private Investigators and     PS MNS; PS Legal Affairs;
                      2004                         Security Guards Licensing     COP and three appointed
                                                   Authority Board Sec 1 2 3     members by MNS
St. Lucia             Sec 30(1) PSA 2006           St Lucia Private Security     Security or defence; Law
                                                   Authority Sec 4 and 5         and LE; Finance/commerce;
                                                                                 Consumer Affairs
St. Vincent and the   Sec 13 (1),(2),(3) PI & SG   Investigators and Security    PS; Senior legal counsel;
Grenadines            Act 2003                     Guards Licensing Advisory     COP; 4 reps trade
                                                   Board Sec 3 (1)               union/women org; 2 reps PI
                                                                                 & SG
Country    Definitions   Uniform   ID/Badge   Powers   Firearms   Training   License
                         s         s
A&B                                                                       
Barbados                                                                  
Bahamas                                                                   
Belize                                                                    
Jamaica                                                                   
SKN                                                                       
SLU                                                                       
SVG                                                                       
T&T                                                                       
Country     Regulation       Composition        Challenges
            model
Jamaica     PSRA             Board appointed    i) Too much
            Separate State   by state                emphasis on fees
Level 1     Entity           Pubic servants     ii) Focus on larger
                             employed by             companies
                             state              iii) Lacks resources
SKN; SLU;   Board            a) P.S. M.N.S.     i) Too much
SVG;        Licensing        L.A                     bureaucracy
Barbados    Committees       b) PSI rep         ii) Board not
                             c) COP                  established
Level 2                      Additional         iii) Insufficient
                             stakeholders            resources
                             appointed by the   iv) Not committed to
                             state                   PSI alone
Country          Regulation      Composition      Challenges
                 Model
A&B;           Single            a) Nat. Sec.     Same as
Bahamas;       entity/official      Council;      Board/Licensing
Belize; Guyana                   b) Minister of   Committees
T&T                                 National
                                    Security
Level 3                          c) COP

Dominica;        NIL             NIL              Urgent need for
Grenada                                           regulation/
                                                  legislation and
Level 4                                           oversight body
   Absence of legislation in Grenada and Dominica
   Legislation weak (where present)
   St Kitts and Nevis and St Lucia Boards have not been
    empanelled
   Regulatory oversight vested in Minister of National Security,
    COP or Council
       No dedicated resources
       Other demanding priorities
   Department of Public Security in the OAS
   OAS MISPA – 2008
   MISPA I Mexico 2008
       Resolution on Commitment to Public Security in Americas
       Recognised the growing presence of PSS
       Two studies on PSI in Caribbean and LA
       Development of toolkit for private security policy regulation
        in the Hemisphere
 UnitedNations Regional Centre for Peace
 Disarmament and Development in Latin
 America and the Caribbean (UNLiREC)
  Training   provided to PSI in Caribbean & LA
  Control   of arms regulations
  Control   of stockpiling and destruction
  Research   Agenda
  Collaborationwith DPS/OAS on stockpile
   management regulation, control and destruction of
   small arms & light weapons
   Need for research to fill gaps

   Need for legislation where outstanding

   Need for review of dated legislation

   Implementation of legislative provisions

   Establishment of effective oversight mechanisms

   Possible standardization of policies across region?

   Collaboration among stakeholders
              Thank You

            Sheridon Hill
               Consultant
     Department of Public Security (DPS)
Secretariat of Multidimensional Security (SMS)
    Organization of American States (OAS)
                  shill@oas.org
               www.oas.org/dsp

								
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