scholarly journals National, International and Legal Mechanisms of Control over the Activity of Non-Government Security Entities

2019 ◽  
Vol 73 (2) ◽  
pp. 31-36
Author(s):  
М. В. Завальний
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Private Security ◽  
General Tendency ◽  
Physical Force ◽  
Security Sector ◽  
Security Services ◽  
Private Security Companies ◽  
Business Structures ◽  
Security Companies

The author of the article has studied the reasons for introducing a control mechanism over the activities of private security companies, which play an increasingly important role in the security sector worldwide. These companies by providing security services, directly influence the security, human rights and democratic order of the country. In this regard, it has been emphasized that the issues of legal regulation of the activities and responsibilities of private security companies are particularly important for society and the state. The importance of controlling private security companies and security services is conditioned by the particularities of the services provided by these entities. Private security companies in the course of their activities can apply physical force, special means (in some countries even firearms) to citizens, carry out their detention, which in turn can cause degrading treatment and physical suffering. Further privatization and outsourcing in the security sector has led to a significant expansion of this area and increased risks of human rights and freedoms’ violations. The author has stated that the purpose of control over the activity of non-government entities in the field of security and safety is to prevent deviations from the established order of state security and public order protection, prevention, detection and termination of actions that harm the protected state interests. The need to strengthen this control is due to two main aspects: 1) there is a need to raise the standards of corporate governance in the field of non-governmental protection of human rights; 2) there is a more general tendency to regulate the behavior of all business structures regarding human rights in all areas of their activities. The author has distinguished four possible ways to influence private security companies: national legal systems and courts; corporate norms; international and regional voluntary initiatives; international and legal regulation.

scholarly journals Human rights violations committed by private military and security companies: an international law analysis

2016 ◽  
Vol 17 (3) ◽  
pp. 753-766 ◽  
Author(s):  
Elzbieta Karska
Keyword(s):  
Human Rights ◽  
Private Security ◽  
International Community ◽  
Human Rights Violations ◽  
Real Problem ◽  
Security Industry ◽  
Private Security Companies ◽  
Private Security Industry ◽  
International Conventions ◽  
Security Companies

Abstract: This paper is devoted to the growing phenomenon of the private military and security industry with respect to human rights obligations. In the first part, it will analyze the concept of a private security company, which is not clear in national regulations and has few relevant provisions in international conventions. The second part will contain a short description of examples of human rights violations committed by private military and security companies, or with their participation, during service delivery or other forms of activity. The third part of this paper discusses possible methods of responsibility enforcement, with respect to the transnational character of many private security companies involved in human rights violations worldwide. One of the most important elements of the discussion in international community should focus on binding international instrument, preferably a convention, which would be able to establish at least very elementary rules for states and international organizations, responsible for using private military and security companies. The international community has witnessed a lot of initiatives from non-governmental entities, also model laws and self-regulations of the private security industry, but still the real problem has not even been reduced. The number of human rights violations has grown. Keywords: Human rights. Private security companies. Liability.

Private Security Companies and Institutional Legitimacy: Corporate and Stakeholder Responsibility

2009 ◽  
Vol 19 (3) ◽  
pp. 403-432 ◽  
Author(s):  
Heather Elms ◽  
Robert A. Phillips
Keyword(s):  
Private Security ◽  
Moral Obligations ◽  
Public Provision ◽  
Moral Legitimacy ◽  
Institutional Legitimacy ◽  
Security Services ◽  
Private Security Companies ◽  
Responsible Behavior ◽  
Managerial Implications ◽  
Security Companies

ABSTRACTThe private provision of security services has attracted a great deal of recent attention, both professional and popular. Much of that attention suggests the questioned moral legitimacy of the private vs. public provision of security. Linking the literature on moral legitimacy and responsibility from new institutional and stakeholder theories, we examine the relationship between moral legitimacy and responsible behavior by both private security companies (PSCs) and their stakeholders. We ask what the moral-legitimacy-enhancing responsibilities of both might be, and contribute to both literatures and their managerial implications by detailing the content of those responsibilities, emphasizing the reciprocal nature of moral obligations. We suggest that the moral legitimacy of the industry depends upon responsible behavior by both PSCsandtheir stakeholders.

The Normative Complexity of Private Security: Beyond Legal Regulation and Stigmatization

2020 ◽  
Author(s):  
Math Noortmann ◽  
Juliette Koning
Keyword(s):  
Self Regulation ◽  
Legal Regulation ◽  
Private Security ◽  
Corporate Ethics ◽  
Comprehensive Understanding ◽  
Security Sector ◽  
Private Security Companies ◽  
Anthropological Approach ◽  
Privatization Of Security

This chapter discusses the normative complexity of private security. It formulates a critique of the stigmatization of private security companies and of the emphasis in the literature on the limitations of legal regulation, highlighting the role of self-regulation in the form of corporate ethics and (international) branch standards. Based on a review of scholarly literature, (inter)national cases, and examples from fieldwork in South Africa, the chapter captures the growing plurality of actors and voices in a vastly diversifying private security sector. In order to overcome the traditional bias regarding private security and its corporate sector, the authors advocate an organizational anthropological approach to uncover regulatory alternatives and the ethical and normative diversity that is essential to a comprehensive understanding of the privatization of security.

Certifying Private Security Companies: Effectively Ensuring the Corporate Responsibility to Respect Human Rights?

2019 ◽  
Vol 4 (1) ◽  
pp. 55-77
Author(s):  
Sorcha MACLEOD ◽  
Rebecca DEWINTER-SCHMITT
Keyword(s):  
Human Rights ◽  
Quality Assurance ◽  
Corporate Responsibility ◽  
Participant Observation ◽  
Effective Means ◽  
Private Security ◽  
Management Standards ◽  
Private Security Companies ◽  
Norm Compliance ◽  
Security Companies

AbstractThe key purpose of this article is to critically assess the extent to which auditing and certification to quality assurance and risk management standards containing human rights-related requirements are an adequate and effective means of ensuring that private security companies internalize their responsibility to respect human rights. Based on participant observation, interviews and publicly accessible data, it concludes that in the absence of the adoption of specific assurance measures in the certification and oversight processes, the constructivist ‘tipping point’ resulting in the internalization of the corporate responsibility to respect may not be attained when there is inadequate norm compliance or, worse yet, norm regression.

Market Opportunities and Political Responsibilities: The Difficult Development of Chinese Private Security Companies Abroad

2018 ◽  
Vol 46 (1) ◽  
pp. 25-45
Author(s):  
Andrea Ghiselli
Keyword(s):  
Private Security ◽  
Policy Makers ◽  
Initial Development ◽  
Security Services ◽  
Security Industry ◽  
Private Security Companies ◽  
Chinese Policy ◽  
Market Opportunities ◽  
Overseas Operations ◽  
Security Companies

Building upon the conceptual work of Krahmann and Habermas, this study explains how political power and market forces in China combined to create an enormous domestic market for overseas security services and, at the same time, undermined the full development of domestic private security companies (PSCs). The growing responsiveness of the state to the request for protection of Chinese citizens and assets abroad made room for the initial development of Chinese PSCs’ overseas operations. However, the policy makers’ focus on political loyalty has inhibited the full-fledged maturation of China’s private security industry. So far, large foreign PSCs have been the main beneficiaries of this situation. The future development of Chinese PSCs remains possible in a gradual and pragmatic way, but Chinese policy makers will have to deal with important diplomatic and political questions before the development of any “Chinese Blackwater” will be imaginable.

scholarly journals The Role of Private Security Companies in the Provision of Security to Corporate Organizations in Sabon Gari Local Government, Kaduna State, Nigeria

2019 ◽  
Vol 8 (2S3) ◽  
pp. 264-266
Keyword(s):  
Local Government ◽  
Data Collection ◽  
Qualitative Method ◽  
Private Security ◽  
Private Companies ◽  
Security Services ◽  
Private Security Companies ◽  
Depth Interview ◽  
Security Companies

Security of lives and properties of people used to be the sole responsibilities of the State, but currently, the worldwide and growing trend in providing security services through private companies is clear in Nigeria, Sabon Gari Local Government to be specific. Corporate organizations in this local government rely on these private companies for security. This study therefore, investigates the contributions of private security companies in security provision for corporate organizations in the study area, and confidence the organizations have for them. A qualitative method of data collection was used. Purposive sampling using snowball was used. An in-depth interview was conducted to six informants from both the corporate organizations and the security services. Finding shows that the private security companies play important role in the provision of security and the corporate organizations have confidence on them. The study recommends that government should encourage and improve the activities of private security companies in Nigeria.

scholarly journals The Privatization of Security and the Emergence of Private Security Companies in Crime Control in Nigeria.docx

2018 ◽  
Author(s):  
Eke Chinwokwu ◽  
Emmanuel Igbo
Keyword(s):  
Human Trafficking ◽  
Crime Control ◽  
Critical Role ◽  
Private Security ◽  
Security Sector ◽  
Armed Robbery ◽  
Private Security Companies ◽  
Rising Incidence ◽  
Privatization Of Security ◽  
Security Companies

<p>This study interrogates the participation of private security companies in crime control in Nigeria, with focus on the challenges militating against their performance in security provisioning. The police are the statutory agency invested with the powers of ensuring the security of lives and property of citizens in Nigeria. The rising incidence of crimes such as kidnapping, armed robbery, murder, terrorism, and human trafficking among others has demonstrated that the police have failed in providing the required protection for the citizens. The paper argues that the apparent inability of the police to adequately provide protection for all citizens provided the nucleus for individuals to search for alternative security provisioning, which culminated in the emergence of private security companies in crime control in Nigeria. The study contends that since the emergence of private security companies into the theatre of security provisioning, they have played critical role in ensuring security; thereby complementing the efforts of the police. However, they are confronted with certain challenges which militate against their performance. Some of the challenges include: lack of firearms, lack of supervision and lack of cooperation from the police among others. The study recommends among others: establishment of a security institute, improved synergy with the police, and government recognition of the private security sector.</p>

scholarly journals The Privatization of Security and the Emergence of Private Security Companies in Crime Control in Nigeria.docx

2018 ◽  
Author(s):  
Eke Chinwokwu ◽  
Emmanuel Igbo
Keyword(s):  
Human Trafficking ◽  
Crime Control ◽  
Critical Role ◽  
Private Security ◽  
Security Sector ◽  
Armed Robbery ◽  
Private Security Companies ◽  
Rising Incidence ◽  
Privatization Of Security ◽  
Security Companies

<p>This study interrogates the participation of private security companies in crime control in Nigeria, with focus on the challenges militating against their performance in security provisioning. The police are the statutory agency invested with the powers of ensuring the security of lives and property of citizens in Nigeria. The rising incidence of crimes such as kidnapping, armed robbery, murder, terrorism, and human trafficking among others has demonstrated that the police have failed in providing the required protection for the citizens. The paper argues that the apparent inability of the police to adequately provide protection for all citizens provided the nucleus for individuals to search for alternative security provisioning, which culminated in the emergence of private security companies in crime control in Nigeria. The study contends that since the emergence of private security companies into the theatre of security provisioning, they have played critical role in ensuring security; thereby complementing the efforts of the police. However, they are confronted with certain challenges which militate against their performance. Some of the challenges include: lack of firearms, lack of supervision and lack of cooperation from the police among others. The study recommends among others: establishment of a security institute, improved synergy with the police, and government recognition of the private security sector.</p>

scholarly journals Human Rights Obligations of Private Security and Military Companies: A Review of the Current Legal Framework and Practices

2021 ◽  
pp. 262-278
Author(s):  
Kateryna Buriakovska
Keyword(s):  
Human Rights ◽  
Code Of Conduct ◽  
Legal Framework ◽  
Legal Regulation ◽  
Private Security ◽  
Security Services ◽  
High Profile ◽  
Business And Human Rights ◽  
Monetary Rewards ◽  
Private Military Companies

The rapid growth in demand for private military and security services among states,international organizations and non-state actors has turned this activity into a powerful industry withmillions of people who perform – on a contractual basis and in exchange for monetary rewards – actions,which, however, often pose risks to the rights of others, local communities and nations around theworld. The author explains the urgency of the article by high-profile cases of possible participationof private military companies in the events of the occupation of Crimea and the armed conflict inDonbas, initiation of new legislation on military consulting in Ukraine and, at the same time, by themodest attention of Ukrainian jurisprudence to human rights obligations of companies providingsecurity services as non-governmental entities. The author examines the evolution of some approaches to the international legal regulation of private military and security activities and their compliance with modern approaches to humanrights. The author analyzes the features of corporate responsibility in the field of human rights ofprivate military and security companies, the content of which is embodied in the InternationalCode of Conduct for Private Security Providers (ICoC). The analysis compares the approaches ofthe International Code of Conduct for Private Security Providers and the UN Guiding Principleson Business and Human Rights.

Improving Human Rights in the Private Security Industry: Envisioning the Role of ICoCA in Latin America

2019 ◽  
Vol 4 (1) ◽  
pp. 79-107
Author(s):  
Cristina NARVÁEZ GONZÁLEZ ◽  
Katharine VALENCIA
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Code Of Conduct ◽  
Private Security ◽  
Human Rights Abuses ◽  
Security Industry ◽  
Private Security Companies ◽  
Private Security Industry ◽  
Security Companies

AbstractThe private security industry in Latin America has been associated with human rights abuses, particularly in the context of extractive operations. Most private security guards in the region are poorly trained and do not undergo adequate vetting. These factors combined with serious deficiencies in the rule of law across the region too often enable private security companies to effectively operate outside state control and engage in human rights abusive practices. This article argues that adoption of the International Code of Conduct for Private Security Providers (ICoC) by Latin American private security companies and states, coupled with civil society engagement with ICoC’s Association, may help reduce negative human rights impacts arising out of private security services within the extractive industry.

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