International Journal on Criminology Volume 4, Number 2, Winter 2016 | Page 124

International Journal on Criminology
Romandy Concordat on security companies; 25 nine German-speaking cantons had
signed a Germanic Concordat by 1 January 2016; 26 six cantons are in negotiations
to join the Germanic Concordat; 27 two cantons apply the provisions of the Germanic
Concordat without signing up to it; 28 and three cantons choose to remain isolated. 29 A
similar tendency exists in Canada, which informed UNODC that: “Canada reported
that several provinces were amending or were envisaging to amend the relevant
legislation and that there had been efforts to harmonize the standards and information
sharing among provinces.” 30
The centralist model is the more developed. It comprises a regulatory system
defined by the central state, with the ministry of the interior as the body responsible
for issuing licenses and for supervisory activities. There are cases where the ministries
or departments in charge of commerce perform this responsibility—Germany, Canada
at the provincial level, Liechtenstein, Norway, the Czech Republic, Thailand, etc.
While, in some cases, the ministry of the interior may implement this regime itself
(Bosnia-Herzegovina, Guatemala, Japan, Oman, the Philippines, Spain), in other
cases the regime is implemented by a dependent authority (Bolivia with its National
Department of Control of Private Security Firms, Columbia with its Superintendencia
Supervigilancia, Ecuador with its Department for Monitoring and Oversight of Private
Security Organizations, Jamaica with its Private Security Regulation Authority,
France with its National Council of Private Security Operations, the UK with its
Security Industry Association, and even the Province of Quebec with its Bureau of
Private Security). The internalization or externalization of law enforcement from, for
the most part, the ministry of the interior does thus not currently have an established
standard format—there are two systems in existence.
This global centralizing model has also been implemented in South Africa
and in the states of North Africa and the Maghreb—and also in Senegal—with copypasting
of Anglo-Saxon or French legislation. Between these two poles, the other
25
This concerns the cantons of Geneva, Waadt, Freiburg, Neuenburg, Jura, and Wallis. This Concordat
defines the licensing regimes (for the establishment of a company, for its director, and for it
employ officers). These six cantons therefore have the same regulatory regime and mutually recognize
licences issued.
26
This concerns the cantons of Basel-Stadt, Solothurn, Thurgau, Appenzell Innerrhoden, Appenzell
Ausserrhoden, St. Gallen, Nidwalden, Uri, and Tessin. These nine cantons have since had the same
licensing regime, with mutual recognition.
27
Bern, Luzern, Aargau, Zürich, Glarus, and Graubünden.
28
This concerns the cantons of Basel Landshaft and Schaffhausen. It is possible that recognition of
their licences may be adopted later.
29
This concerns the historic and central cantons of Switzerland, also called “primitive”: Zug, Schwyz,
and Obwalden (to which previously was added Nidwalden, which has since joined the German Concordat).
30
Commission on Crime Prevention and Criminal Justice, “Civilian private security services: their
oversight and their role in and contribution to crime prevention and community safety – Note by the
Secretariat,” E/CN.15/2011/14, January 20, 2011, p. 12.24
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