SECURITY AND RISK MANAGEMENT CONSULTANT MONITORING AND OVERSIGHT OF PRIVATE SECURITY COMPANIES IN THE SADC REGION BY DR BOB NDUNGU SECURITY AND RISK MANAGEMENT CONSULTANT

Scope Introduction The Monitoring and oversight challenges The major recommendations the industry can adopt The Conclusion

Introduction Why should the activities of the private security companies (PSCs) be monitored? What are the challenges of monitoring and oversight in the private security sector? What is the broad scope of the private security companies activities that require monitoring and oversight? If all countries regulated their private security companies (PSC) in a similar fashion, our lives in the private security industry would be easier and the regulatory pitfalls that face the monitoring and oversight of security services would be more predictable and easier to avoid. The problem is, governments regulate private security in very different ways. Some ways work better than others. Frankly, some don’t work well at all.

Introduction The general absence of effective monitoring and oversight frameworks presents many risks to the public and the state There are problems relating to quality of service by private security companies. Companies and their clients don’t always abide by their legal and ethical responsibilities. According to a report by the United Nations, States fall into three broad categories when it comes to regulation of private security services. The UN defines these three categories as: States with no regulation States with inadequate regulation States with effective regulation

The legislative challenges The general provisions contained in the legislation lack explicit requirements. Lack of accountability in the industry Lack of universally accepted definition of what constitutes the private security. In some countries, PSCs come under the control of (local) police In other countries, local civil authorities, The ministry of the interior or Home Affairs, ministry of justice and yet in other countries., special security regulatory authorities are established to oversee the PSC sector.

The activities challenges Vague definitions of what constitutes permitted or prohibited activities in the industry Legislation that is unclear. Blurred distinction between functions of the private security companies and the public security

The monitoring and regulatory authority challenges Monitoring mechanisms that are weak or non existent Monitoring mechanisms that are carried out in a haphazard manner Lack of capacity and resources to carryout the ever increasing complex range of PSC activities Lack of adequate skills/training to carryout the oversight function by the regulatory authority

The registration and licensing challenges Lack of comprehensive systems Unclear criteria for granting licenses Lack of proper records Lack of clear conditions for renewal, suspension or revocation of licenses

The vetting and selection of company directors challenges No systematic selection and vetting those who want to start security companies Difficult to conduct oversight due to inadequate criterias No clear sanctions for breach of rules and regulations

The vetting and selection of employees challenges No systematic selection and vetting of employees Lack of skills and training Lack of internal systems

Monitoring and oversight mechanisms Encouraging all stakeholders to play a part in the oversight of private security service providers, Consider subjecting private security companies and their personnel to procedures relating to the receipt and investigation of complaints against them. Consider developing standards on the provision of private security companies and encouraging the development of codes of conduct by private industry.

Monitoring and oversight mechanisms Consider ensuring that private security service providers are subject to regular inspections to maximize compliance, and allocating adequate resources for that purpose. Consider specifying appropriate penalties for transgressions and breaches of regulations on private security services and for non-compliance with such regulations. Adopt standards on the training of personnel of private security companies,

Monitoring and oversight mechanisms Consider developing a mechanism for the certification of persons and entities providing training to personnel of private security companies Consider encouraging the specialization and professionalism of the personnel of private security services through the development of an adequate mechanism for such personnel to obtain professional qualifications. Consider encouraging the development of ongoing professional programmes relevant to private security service providers.

Sanctions that can be imposed States should consider giving regulators the power to apply sanctions and publicize the breaches which may lead to them. Ensuring appropriate working conditions conducive to maximizing the effectiveness of personnel of private security companies Establishing minimum standards for the recruitment and selection criteria for personnel of private security companies

Recommendations Best practice and minimum standards should be agreed and adopted in all SADC countries These best practices of regulation should be laid down in a Recommendation or specific framework dedicated to the private security industry. Best practices and legal standards for regulating PSCs should be disseminated through the publication of guidelines in various languages of the SADC member States.

Recommendations Not only should states be encouraged to use these best standards and legal practices in domestic legislation, but also to promote adherence or compliance to these standards through self-regulation across the industry. In order to create further awareness and norms fostering, it is recommended that seminars on the feasibility and necessity of good governance and regulation of PSCs be regularly organised.

Conclusion The lack of a coherent national regulatory framework hampers oversight in various SADC states Strategies of awareness raising, capacity building and the dissemination of best practices, should be pursued as the preferred way of monitoring and conducting oversight, given the great disparity in legislation and practice in the SADC member States.

IS THIS THE SORT OF SECURITY INDUSTRY WE WANT? CCloud No training standards Lack of regulations “I see no need to monitor or regulate”

CONTACT DETAILS E Mail. bobby.ndungu@gmail.com Cell. +263 772 594 260 +260 975287390