Challenge Topic
Security equipment and use of force
A
Use of force: ensuring private security personnel have appropriate equipment for a graduated response
Good Practices
Conduct/update risk and impact assessment
(see Adequate and appropriate private security arrangements: properly identifying risks and impacts within Private security within risk and impact assessment – Working with Private Security Providers).
- Examine applicable private security laws and other national legal requirements and identify authorised weapons, firearms and ammunition for private security providers, as well as any required equipment licenses.
- Analyse recent cases of human rights abuses by private security providers in the context. Assess to which extent the lack of appropriate equipment may be one of the causes of the abuses.
- Weigh the risks versus the needs for private security forces. Only authorise weapons and firearms if their use reduces risk of violence. As an example, in contexts where use of armed guards is very common, only using unarmed guards may cause the company to be targeted, thus increasing risks.
- Evaluate the private security provider’s equipment, as well as the company’s own equipment on site.
- Assess the extent to which private security provider personnel are also affiliated with public security and/or have other ways of accessing weapons and firearms not provided by the private security provider. Prohibit private security personnel from bringing weapons and firearms not explicitly authorised by the company.
Match the authorised security equipment on site to the security risks and threats identified.
- Develop guidelines for the use of force (e.g. the use of force continuum) by private security providers and in-house security personnel. These guidelines should clearly explain the security equipment authorised by the company.
- Establish site controls to ensure safe handling and maintenance of equipment.
- Re-evaluate security equipment required on site as security risks and threats evolve.
Adopt the text of the International Code of Conduct for Private Security Service Providers (ICoC) and/or develop a code of conduct for private security providers based on the ICoC. Make this code a standard part of all contracts issued by the company.
Request that the private security provider provides background information on equipment and training capabilities as part of the request for proposals
(see Selecting private security providers: assessing quality and cost considerations within Bids and contracts – Working with Private Security Providers).
Publish a request for proposals (RfP) which includes: a clear description of the mandate and contractor responsibilities; exclusion criteria that automatically disqualify a candidate; and award criteria that relate to the company, its personnel and weapons and equipment
(see Selecting private security providers: assessing quality and cost considerations within Bids and contracts – Working with Private Security Providers).
- The exclusion criteria should consider:
National criminal records or other evidence indicating violations of international humanitarian law or human rights abuses linked to a potential contractor or its personnel. Records should indicate if personnel have faced credible allegations of any national criminal offence, breaches of international criminal, abuses of international human rights law or violations of international humanitarian law in any jurisdiction.
Evidence of grave professional misconduct by the company or its personnel.
Failure to provide the requested documentation and information or submission of false and/or misleading information.
Inability to fulfil a key requirement of the request for proposals.
Evidence of bribery, corruption or other conflict of interest.
Proven involvement in political activities.
The Sarajevo Client Guidelines for the Procurement of Private Security Companies, p. 6 (South Eastern and Eastern Europe Clearinghouse for the Control of Small Arms and Light Weapons 2006)
- The award criteria related to personnel standards should take into account procedures and management systems that the company has in place to screen, train and monitor personnel, as well as criteria directly applying to its personnel. Most importantly, they include:
Recruitment and selection methodology (including criminal screening, human rights and international humanitarian law abuse screening, drug screening, discharge from public or private security services and psychological screening).
Average officer experience (including employee backgrounds, experience in industry and contract-specific experience).
Training on human rights, international humanitarian law (in situations of armed conflict), use of force and firearms, crowd management, conflict-diffusion techniques, and other skills (e.g. restraining or apprehending individuals).
Policies relating to international humanitarian law and human rights law, especially on the use of force and firearms, as well as policies against bribery, corruption and other crimes. Evaluate systems for implementing these policies, training personnel and reporting compliance.
Internal monitoring, supervisory and accountability mechanisms.
Systems to control the management, use and handling of weapons, firearms and ammunition (e.g. registers, licenses, hand-over, transportation).
Proof of legal acquisition and authorisations for the possession and use of weapons and ammunition required by applicable law.
Other equipment, such as communication tools and systems, IT hardware and software, uniforms, vehicles and/or defensive equipment.
Technical support, such as surveillance/CCTV, guard control system, access control system, alarm installation and/or a central monitoring system.
- When selecting a private security provider and drafting a contract, companies should consider the existence of monitoring, supervisory oversight and internal accountability mechanisms, such as:
Internal investigation and disciplinary arrangements in case of allegations of wrong- doing by personnel.
Mechanisms enabling persons affected by the conduct of the personnel of the private security provider to lodge a complaint, including both third-party complaint mechanisms and whistle-blower protection arrangements.
Regular performance reporting and specific incident reporting to the company and, if appropriate, to the relevant authorities.
Requirements for private security provider personnel and sub-contracted personnel to report any misconduct to the private security provider’s management and/or a competent authority.
- If permitted by national law, consider the following provisions relating to small arms, light weapons, less lethal weapons and other equipment:
Under applicable international law and national law of the host State, the private security provider must possess or obtain all necessary permits, authorisations and approvals to obtain and/or carry relevant small arms, light weapons, less lethal weapons and other equipment.
Personnel must have sufficient training regarding the use of small arms, light weapons, less lethal weapons and other equipment.
Documentation of the lawful acquisition, use and storage of small arms, light weapons, less lethal weapons and other equipment must be provided. The private security provider must provide evidence of compliance with the weapons laws applicable in the place of performance of the contract, as well as evidence that personnel are in possession of all authorisations needed.
The contractor must provide evidence of adequate maintenance and regular inspection of small arms, light weapons, less lethal weapons and other equipment used by its personnel.
Clearly communicate that small arms, light weapons, less lethal weapons and other equipment may only be employed in situations of self-defence or when otherwise strictly necessary. Use must also be in accordance with the use of force policy.
- Annex standards, laws and equipment management procedures (particularly those relating to small arms and light weapons) to the contract.
During contract negotiations, agree with the private security provider on the procedures for the use of force, the authorised security equipment and the required training.
Develop a contract with the private security provider that includes clear clauses and performance requirements on equipment and training standards, as set out in Compliance with international standards and good practices: developing implementation guidance within Bids and contracts – Working with Private Security Providers).
Discuss these with the private security provider to make sure the security provider understands its performance objectives.
If the private security provider is unable to provide the necessary equipment to its personnel, consider whether the company should provide any of this equipment to the private security provider
(see Inadequate equipment: Providing the private security provider with the necessary equipment to effectively perform their functions within Security equipment and use of force – Working with Private Security Providers).
If the private security provider fails to comply with any or several of the clauses in the contract, consider the following options:
- Negotiate a timeline for compliance.
- Withhold payments as established in the contract until the issue is satisfactorily addressed.
- Condition an ongoing relationship on performance and provide further, detailed guidance and training, together with regular performance review.
- Terminate the relationship with the private security provider.
In cases of breaches of national and/or international law by private security providers, report the incident to the relevant authorities and stakeholders. Take the necessary steps to address remedy and prevent future similar incidents
(see Human right abuses by private security providers: setting up procedures and policies to ensure adequate responses within Human rights abuses – Working with Private Security Providers).
B
Inadequate equipment: Providing the private security provider with the necessary equipment to effectively perform their functions
Good Practices
Take all appropriate measures to ensure the private security provider provides the necessary equipment to its personnel
(see Use of force: ensuring private security personnel have the appropriate equipment for a graduate response within Security equipment and use of force – Working with Private Security Providers).
If the company decides to provide equipment to the private security provider, develop relevant policies and procedures and add these to the contract.
- Develop a company policy for the provision of equipment to private security providers.
Specify the types of equipment the company may provide and its intended use.
Prohibit the provision of weapons, firearms or ammunition to private security providers.
Prohibit the transfer, loan or sale of equipment provided by the company to a third party.
Establish clear procedures for handing over any equipment, ensuring it is all kept on record.
Require written commitment by the private security provider to respect human rights and international humanitarian law.
Require equipment to be stored in the company’s facilities.
- Establish monitoring procedures to supervise the use of equipment.
- Refer to the incident reporting mechanism included in the contract (or develop one if none is in place).
- Add the company’s policy for the provision of equipment to private security providers in the contract. Also include the related monitoring and incident reporting procedures. Termination conditions should be included in the event that security equipment is misused.
Agree on a training programme with the private security provider for guards assigned to the company’s operations, with a special focus on the rules for the use of force
(See Private security personnel lacking adequate training: ensuring application of international norms and standards on human rights and international humanitarian law to day-to-day security duties within Training – Working with Private Security Providers).
- Address the following topics:
Proportionality to the threat and appropriateness to the situation. Basic principles should cover reasonable steps to avoid the use of force. Security personnel should use force only in self-defence, the defence of others against the imminent threat of death or serious injury, or to prevent a particularly serious crime involving grave threat to life.
The use of force continuum, including force de-escalation techniques to resolve threats with minimum necessary force.
Compliance with all national laws, human rights law, international humanitarian law and other obligations.
Competence-based training, such as human rights risk management; hostile environment; local culture; gender, age and religious considerations; de-escalation of situations; incident reporting; communications; and appropriate response to citizen complaints.
Weapons- and firearms-specific training for all personnel who may carry a weapon.
Medical and psychological health.
Supervise the performance of private security providers and the use of equipment provided by the company through regular monitoring.
- Monitor private security providers through a variety of means (as allowed by national legislation): radio networks, CCTV visual monitoring (including installing cameras in security response vehicles), unannounced physical site inspections, regular personal equipment inspections, etc.
- Support the oversight of private security providers by local authorities and community groups. Develop or join a network with relevant stakeholders, ensuring the different groups in local communities are adequately represented (in particular the most vulnerable groups), and provide them with some guidance on what to do whenever there are risks of human rights abuse (see in-country working groups).
- Check all complaints against the private security provider reported through grievance mechanisms (or any other mechanisms) and record all allegations of human rights abuses by private security
(see Human right abuses by private security providers: setting up procedures and policies to ensure adequate responses within Human rights abuses (Working with Private Security Providers).
Engage with relevant stakeholders to develop performance monitoring mechanisms for private security providers.
- Identify and engage with stakeholders who have close knowledge of private security provider activities and impacts (e.g. home governments, other companies, civil society organisations).
- Explore how existing mechanisms (e.g. the International Code of Conduct Association, local mechanisms) can support monitoring.
- Exchange information about unlawful activity and abuses committed by private security providers.
Conduct investigations into credible allegations and any incident involving the inappropriate use of equipment or force. Where appropriate, report abuses to the relevant authorities
(see Human right abuses by private security providers: setting up procedures and policies to ensure adequate responses within Human rights abuses (Working with Private Security Providers).
- Establish whistle-blower protection mechanisms that guarantee protection of sources.
- Integrate any lessons learned into future training provided to private security providers.