Regulations of Private Security Companies Regional Perspective Departamento de Seguridad Pública Secretaría de Seguridad Multidimensional Secretaría General de la OEA Regulations of Private Security Companies Regional Perspective Sheridon Hill

AGENDA Caribbean Landscape PSI Background and Operations Legislation Regulation Challenges to Regulation Regional Response Recommendations 2

Caribbean Landscape 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) UNODC Report 2009 JCA – 62; SKN -54; T&T 38; Belize T&T; JCA; SKN CARICOM IMPACS; MISPA/DPS/OAS; UNODC/CARICOM MOU 3

Caribbean Public Law Enforcement Police Dominica; Grenada; SLU; SVG Police and Defence Force A&B; Bahamas; Barbados; Belize; Guyana; Jamaica; SKN; T&T 4

P.S.I. Background & Operation 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 (T&T) Recent trends/breaking new ground Prisoner transport Security at residence (T&T) AG office and inclusion in national crime plan (T&T) 5

Challenges 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

State vs Private Security Country No. Of Police Officers No. Of Private Security Officers No. Of Private Security Companies Antigua and Barbuda 632 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 Grenadines 831 381 9 Trinidad and Tobago 6,415 13,610(registered) *Estimated 55,000 231(registered) 1. Pvt Security larger than police force in Jamaica, Barbados, Guyana and T&T 7

Legislative Landscape Country Primary Legislation Other Legislation Antigua and Barbuda Private Security Regulations Act 2006 Companies & Firearms Act Bahamas Private Security Act; Inquiry’s Agents Security Guard’s Act 1976 Barbados Private Investigators and Security Guards Act 1985 Belize Private Security and Investigation Services Act 138-01 2003 Dominica NIL Grenada Guyana Private Security Services Bill No 38 of 2009 (Bill passed but not Assented) Companies, Firearms Act, Immigration and Labour Act Jamaica Private Security Regulation Authority Act 1992 St. Kitts and Nevis Private Investigators and Security Guards Act 2004 St. Lucia Private Security Act 2006 St. Vincent and the Grenadines Trinidad and Tobago Supplemental Police Act Chapter 15:02 1906 TTPS Act Ch 15:01, Firearms & Companies Act 8

Legislation 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 138-01 2003 Grenada/Dominica Register of Companies Registrar of Companies and Commissioner of Police** Jamaica Sec 10 PSRA Act 1992 Private Security Regulation Authority Chairman appointed by Parliament and other state employees St. Kitts and Nevis Sec 310 PI AND SG ACT 2004 Private Investigators and Security Guards Licensing Authority Board Sec 1 2 3 PS MNS; PS Legal Affairs; COP and three appointed members by MNS St. Lucia Sec 30(1) PSA 2006 St Lucia Private Security Authority Sec 4 and 5 Security or defence; Law and LE; Finance/commerce; Consumer Affairs St. Vincent and the Grenadines Sec 13 (1),(2),(3) PI & SG Act 2003 Investigators and Security Guards Licensing Advisory Board Sec 3 (1) PS; Senior legal counsel; COP; 4 reps trade union/women org; 2 reps PI & SG Trinidad and Tobago Registrar of Companies/MNS/COP ** COP MNS/COP PSRA – Private Security Regulation Act 2006 ** - for registration purposes only Guyana and Dominica excluded – no information available 9

Legislative Provisions Country Definitions Uniforms ID/Badges Powers Firearms Training License A&B   Barbados Bahamas Belize Jamaica SKN SLU SVG T&T 10

Regulation Country Regulation model Composition Challenges Jamaica Level 1 PSRA Separate State Entity Board appointed by state Pubic servants employed by state Too much emphasis on fees Focus on larger companies Lacks resources SKN; SLU; SVG; Barbados Level 2 Board Licensing Committees a) P.S. M.N.S. L.A b) PSI rep c) COP Additional stakeholders appointed by the state Too much bureaucracy Board not established Insufficient resources Not committed to PSI alone 11

Regulation Country Regulation Model Composition Challenges A&B; Bahamas; Belize; Guyana T&T Level 3 Single entity/official Nat. Sec. Council; Minister of National Security COP Same as Board/Licensing Committees Dominica; Grenada Level 4 NIL Urgent need for regulation/ legislation and oversight body 12

Challenges to Regulation 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 Jurisdictions with oversight vested in Minister of National Security or Commissioner of Police are Antigua and Barbuda, Bahamas, Belize, Guyana and Trinidad and Tobago. Structure of authorities varies across the region Internal: Nil. However there exists associations – JSIS (Jamaica); EPA, SMATT, SOMATT (T&T); GAPSO (Guyana) 13

Regional Response 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 14

Regional Response United Nations 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 Collaboration with DPS/OAS on stockpile management regulation, control and destruction of small arms & light weapons 15

Recommendations 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 16

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