Professional Documents
Culture Documents
All
analysis and recommendations put forward in this publication are attributable only to
the authors in a personal capacity and do not reflect the policy of the OSCE Mission
to Serbia.
Private Security
Companies in Serbia –
A Friend or a Foe?
Authors:
Jelena Unijat
Marko Milošević
Predrag Petrović
Sonja Stojanović
Interns – Researchers:
Ivan Dimitrijević
Maja Maričić
Marina Ilić
Teodora Stanković
Katarina Vasić
Translators:
Dijana Gaćeša, Dragana Dakić, Ivan Kovanović, Ljiljana Nikolić, Novak
Gajić, Vidak Anđelić
Proofreading:
Vidak Anđelić
Copyright:
Centre for Civil-Military Relations, Belgrade, Gundulićev venac 48
Tel: +381 11 32 87 226, office@ccmr-bg.org
Printed by:
GORAGRAF, Belgrade
Circulation:
350 copies, 136 pages
ISBN: 978-86-83543-51-9
Belgrade, 2008.
Acknowledgement
We would like to thank all those who found the time to take part in the interview
process, without them we would not have been able to complete this research
project. Special thanks goes to Milan Nikolić, the president of the Association
of Companies for Physical-Technical Security within Serbian Chamber of
Commerce who made many recommendations, opened many doors and
highlighted the major problems in the Serbian private security sector.
CONTENT
I
KEY RESEARCH FINDINGS AND POLICY
RECOMMENDATIONS
List of abbreviations 8
List of Illustrations 9
Sonja Stojanović
On the Need to Study Private Security Sector in Serbia 13
Marko Milošević
Methodological Framework for Researching Serbian Private
Security Sector 16
II
Predrag Petrović
Privatizing Security in Serbia 42
Marko Milošević
The Influence of the Market on Private Security Sector 52
Predrag Petrović
Control and Oversight of the Private Security Sector 74
III
Jelena Unijat
Comparative Analysis of the Four Model Laws with Recommendations 90
Katarina Vasić
Table Overview of Model Laws on Private Security in Serbia 102
Ivan Dimitrijević
Overview of the Private Security Legislations in the Countries of
European Union 106
Marina Ilić
Table Overview of Legislation Private Security Sector in the
Countries of European Union 112
Maja Maričić
Table Overview of LegislationPrivate Security Sector in the
Western Balkan Countries 117
IV
ANNEXES
4. Box 2: Struggle for the right to issue work permits is also profit
motivated, Control and oversight of the private security sector, p. 78
Two specific reasons prompted us to start our study into the private
security sector in Serbia. The first and foremost is the absence of relevant
legislation regulating this specific activity. Serbia is the only country in South
East Europe that has not legally regulated the work of numerous private
security companies operating within it. Furthermore, a legal act regulating this
matter is one of the few missing pieces of systemic legislation governing the
security system in general.2 The specific nature of these companies requires a
law regulating their operation. Private security companies are simultaneously
economic agents subject to the rules of the market and security sector actors 13
whose activity may contribute to either an increase or decrease in the feeling
of safety among citizens at large. Their use of force may encroach upon the
human rights of citizens or potentially discriminate against those who cannot
afford their services. Such a sensitive sphere of activity calls for quite a specific
legal solution which would enable the companies concerned freely to compete
at the market level. This would allow them at the same time to observe the
minimum standards and guarantees of human rights as well as to contribute
to the state budget under the law. That is why a large part of our research
deals with the analysis of the existing four model laws addressing the private
security sector, and a comparative review of the legal solutions of the EU and
Western Balkan countries. This analysis resulted in specific proposals that
may serve as a basis to improve the relevant legal draft.
The second reason for the research is found in the increasingly frequent
media speculations concerning the number of companies and people actively
engaged in the security sector. Media estimates are widely different, bearing in
mind that a single registry of private security companies does not exist, since
1
The author is a director at the Centre for Civil Military Relations and a researcher in the
Belgrade School of Security Studies.
2
Barring civilian protection, all “major” actors in the security sector (the army, police, serv-
ices) have so far been covered by newly adopted laws regulating the basics of their operation.
Private Security Companies in Serbia – A Friend or a Foe?
they are, due to the absence of specific legislation, still registered as all other
companies in the municipalities where their seat is located. The media and a
few researches claim that the private security sector currently employs from
20 thousand to 60 thousand workers, who have in their possession up to 47
thousand pieces of arms, and also suggest that the PSCs may be “turning” a
profit measured in million euros, of which only a part is subject to government
taxes.
Bearing in mind that the Ministry of the Interior officially employees
45-46,000 persons 35 thousand of whom are policemen (authorized officers),
while the Army of Serbia provides employment to 28,000 (Milosavljević, 2006),
the apparent advantage of the private security sector arises doubts as to
whether the Serbian state actually has the monopoly on power. The unknown
size and capacity of the private security sector has added to the atmosphere
of doubt where one may rightly wonder if the private security companies in
Serbia are a friend or threat to the security of the country’s citizens. These
doubts and speculations induced us to empirically examine the functioning of
private security companies in Serbia in order to demystify this phenomenon
and offer the legislator and the public the relevant data for an appropriate
analysis.
14 What you will find in this volume is the first empirical research on the
private security sector in Serbia. Previous publications in the Serbian language
mostly comprised the findings based on secondary sources, i.e. study of legal
solutions adopted by other countries or media reports and recommendations
of domestic analysts. This research is, to our knowledge, the first that bases
its recommendations on findings derived from interviews with owners and
employees of companies offering physical and technical security services,
as well as representatives of foreign banks who are their principal clients.
In addition, in order to complete the overview of the sector, we have also
analysed the influence of such actors as e.g.: insurance companies, which
prescribe the conditions for insurance premiums and thereby indirectly set the
standards for the market of private security services; the Ministry of the Interior,
supervising these companies, including the arms in their possession; and the
representatives of the Parliamentary Committee for Security and Defence and
the Anti-Corruption Council, both of which should oversee the operation of
this sector for the benefit of all citizens. Correlating the findings from these
sources with those obtained from written material or direct observation of
PSCs operations, we have tried to map the scope and profile of the private
security sector in Serbia and point to the main problems and their possible
solutions.
The publication Private Security Companies – Friend or Foe is
divided into two main parts. An introduction presenting the methodological
On the Need to Study Private Security Sector in Serbia
framework of the research along with the main findings and recommendations
is followed by specific papers analysing the various features of the security
sector privatisation in Serbia and the best legal solution in this respect. This
inquiry into the private security sector in Serbia starts with the analysis of
the social context and historical circumstances conducive to the weakening
of the state monopoly on the use of power. The next paper addresses the
main characteristics of the Serbian market of private security services, the
interests and limitations for the operation of participants in that market, as
well as models for the promotion of its functioning. The last paper in this part
of the book indicates that the private security sector is impossible to control
in the absence of a single piece of legislation regulating its operation and
an appropriate supervisory body. This text critically presents the existing
mechanisms as insufficient and impracticable and offers solutions for licensing
and standard setting in this area.
The second part of the book gives a complete review of possible
solutions for the legal regulation of private security companies’ operation in
Serbia. It starts with a comparative analysis of four model laws elaborated
by the Serbian Ministry of the Interior (2002), the professional Association
of Physical and Technical Security Companies of the Serbian Chamber of
Commerce (2006) and two civil society organizations - LEX and CCMR 15
(2006). This analysis is followed by an overview of specific solutions adopted
by countries in Serbia’s surroundings as well as the EU, with respect to
licensing of the companies and their employees, use of coercion, possession
and storing of arms, and the PSC relations with the Ministry of Interior and
other bodies concerned with controlling their operation. In addition to leading
researchers in this project, the work on this part of the book included the fellows
of the Belgrade School for Security Studies who have hopefully benefited from
learning more about the methodology of working on research projects of this
kind.
In conclusion, we hope that this book will help all groups and citizens
concerned in mobilising the domestic political elite to promptly adopt a Law
on Physical and Technical Security. We have tried to present the specific
proposals in a way that takes into consideration the often conflicting interests
of various actors in the private security sector and to point to the advantages
and shortcomings of the possible alternatives. We are aware, however, that
being limited by time and finances we have not equally addressed all aspects
of security sector privatisation in Serbia, but nevertheless hope that this
publication may serve as the basis and map for other research inquiries into
this specific phenomenon.
Private Security Companies in Serbia – A Friend or a Foe?
Marko Milošević1
Theoretical Model
Peter Singer is one of the more well known authors who has written
on the topic of the privatization of security sector2. He claims that two major
factors influence the development of this sector. The first is the trend of
privatizing the sector, most prominent in the 1980s in Western Europe and
North America, which is characterized by the phenomenon of outsourcing
services to the private sector. One of the services outsourced was linked to
16 the security sector. The second major factor emerged as a consequence of
the end of the Cold War. Large armies, typical of that era, are cut back in
an adjustment to the new environment. The excess of military, police and
intelligence personnel seek employment in the now growing private sector.
1
The author is a reascher in the Belgrade School of Security Studies
2
Peter W. Singer, Corporate Warriors: The Rise of Privatized Military History, Ithaca: Cornell
University Press, 2003.
Methodological Framework for Researching the Serbian Private Security Sector
other words, in order for Private companies that provide so-called physical-
technical security (PTS) to be understood properly as actors on the market, it
is necessary to define their interactions with other actors on the market.
17
3
Fred Schreier And Marina Caparini, “Privatising Security: Law, Practice And Governance
Of Private Military And Security Companies”, Occasional Paper – № 6, Geneva Centre For
The Democratic Control Of Armed Forces, Geneva, March, 2005; takođe, P.W. Singer, “Cor-
porate Warriors: The Rise and Ramifications of the Privatized Military Industry”, Interna-
tional Security, Vol. 26, No. 3, Winter 2001/2002
Private Security Companies in Serbia – A Friend or a Foe?
Hypothesis
The aim of this study, the first empirical study of the Serbian private
security sector, is to describe the functions of this sector. The drive behind this
study is a lack of specific legislation for this sector which could characterize
the operation of private security companies in the region and further abroad.
This lack of appropriate legislation has led to the formation of a grey security
Methodological Framework for Researching the Serbian Private Security Sector
zone4. The research team, therefore, worked to find answers to questions that
are key to this non-transparent sector in Serbia.
The initial hypothesis was that the lack of a law to regulate this
sector in Serbia is creating space for a large number of deviations. It is
necessary, therefore, to determine what kind of deviations are transpiring as a
consequence of insufficient regulation.
Research Methodology
19
The majority of information collected for this study was obtained
through open interviews: the interviewees were provided with the questions
and thematic scope before hand but were allowed to add additional topics
themselves. The questionnaires contained basic questions on the problems
caused by the lack of legislation and control in this sector. Subsequently,
questions on the storage and use of fire-arms, questions on the organization,
storage and use of audio-visual records, as well as questions on the quality
of personnel working in the sector were asked. In addition to these questions,
room was made for any independent comments the interviewees might have.
During the compilation of this questionnaire, the SEESAC organization’s 2005
paper, “SALW and Private Security Companies in South Eastern Europe: A
Cause or Effect of Insecurity?” was consulted. As well as the interviews, other
works on this topic5, brochures, information from the PSCs’ websites and
examples from the annexes of insurance contracts were also used.
4
Unijat Jelena (2007), Grey Security Zone, Western Balkans Security Obzerver 4/2007, Bel-
grade, Centre for Civil-Military Relations, p. 22
5
Articles in the WBSO journal, number 4, and Security Sector Reform In Serbia – Achieve-
ments and. Prospects, in CCMR, p. 123-138
Private Security Companies in Serbia – A Friend or a Foe?
During the completion of any study of this kind there are always
deviations from what is initially planned. This particular study was limited
20 because conducting the planned number of interviews was not achieved.
6
Lethal Legacy – SALW survey, UNDP, 2005, p. 10
7
This association has as its members a large number of Serbian PTS companies as well as
companies that deal with self-defence, private detective agencies and bank security managers.
The Association is of a professional character and is campaining for legal regulation of the
security sector.
Methodological Framework for Researching the Serbian Private Security Sector
8
Because the anonimity of interviewees was guarantees the names of companies or informa-
tion that relates specifically to a company was not used in the text
Private Security Companies in Serbia – A Friend or a Foe?
significant stimulus for the private security market. Two verbal interviews were
conducted with bank managers of two separate banks and one PR manager
responded to the written questionnaire. The assumption that foreign banks,
which desire the establishment of international standards for security, can
influence the development of the private security sector has been vindicated.
In order to fully understand the influence the market has over this
sector it is necessary to examine the role of the insurance companies and
their (non-)stimulating influence on the private security firms. The Serbian
insurance market is dominated by two large companies – Dunav and DDOR
Novi Sad. These two companies command 60 and 30 percent of the market
respectively9. Obtaining interviews with these two companies was not possible.
A number of smaller companies and one larger company10 also failed to
respond to requests for interviews. The insurance company Dunav, the largest
on the Serbian market, did provide a document on the formal conditions for
insurance policies against burglary and robbery. One of the banks contacted
also passed on a document describing the conditions required by insurance
companies for the storage of valuables. Using a comparison of these two
documents and responses to interview questions an analysis of the policies
22 of insurance companies and the role they play in the private security market
became possible.
This sector could also be affected by the actions of organized trade
unions, where they have been established. Unions in this sector exist in just
one segment, the self-defense departments of state-owned companies. An
interview was organized with a former security union representative who
worked in a state-owned company. This interview provided information on
the functioning of unions in this sector and the potential influence they could
wield. The interview also served to confirm previously received details on the
differences in working conditions between the private security companies and
the state-owned companies.
The intention was to interview those responsible for the control and
monitoring of the private security sector in Serbia. In the attempt to contact the
relevant parties an insurmountable problem was encountered; namely, that it
was not possible to discover who is responsible for the control and monitoring
9
From the information obtained from one interview
10
This company is significant because of the proportion of the market it commands but was,
in the period when this study was being compiled this company was in the process of chang-
ing its ownership structures and, as a result, failed to resond to the request for an interview.
Methodological Framework for Researching the Serbian Private Security Sector
of this sector. The PTS companies directed our enquiries either to the police
or to security management. However, when the Ministry of Internal Affairs was
contacted regarding this matter no response could be obtained. Views and
opinions on the Ministry of Internal Affairs could, therefore, be presented only
on the basis of second-hand information.
The Serbian Army is the last in the line of state actors that has an
effect on the private security sector. Cutbacks in army personnel are relevant
in Serbia as much as in the rest of the developed world. Attempts were made
to assess the flow of personnel from the military into the private security sector.
In order to achieve this, persons responsible for the PRIZMA11 project were 23
contacted directly. The one interview that was conducted attempted to discover
the number of former military personnel and the type of former servicemen
who seek employment in the private security sector. Due to the similarity of the
skills required in the military and in private security the transfer of personnel
is frequently direct and, as a result, is not covered by this project. Even so, as
this tendency does exist, a course for the re-qualification of military personnel
wishing to be employed in the private security sector has been developed,
though the number of applicants to this course is still small.
Once this phase of the research was complete, it was decided that the
initial planned sample size should be broadened to include a representative
of the Council for the Fight Against Corruption. This was done in order to
establish the potential for black market and grey market activity in the private
security sector.
11
PRIZMA is a re-qualification project for military personnel who have been forced into early
retirement and which seeks to re-train them for work in the civilian sector. See http://www.
mod.gov.yu/02ministarstvo/023-sljudsker/prisma/prisma.htm
Private Security Companies in Serbia – A Friend or a Foe?
The problem with the realized sample is that the intended sample
was not fulfilled completely – this is another shortcoming of the study. This
shortcoming came about due to the fact that not all of the intended interviews
were conducted, primarily those with representatives of the Ministry of Internal
Affairs and the insurance companies. This shortcoming was reduced through
the interpretation of the views of other actors on the possible activities of the
MoI and the insurance companies as well as through an analysis of the existing
documents and regulations. Further, number of the interviews conducted
contribute to the shortcomings of the study. As has already been mentioned
a representative sample of the leading private security companies was taken.
Other interviews, however, had certain shortcomings, in other words some
companies consulted represented very specific cases: a small company that is
not a member of the Association of PTS companies, a company that provides
exclusively technical security services, a company from outside Belgrade that
is state-owned and one employee who is a member of a union. As this study
is of a qualitative nature the fact that the samples are not representative is not
necessarily crucial, the type of the sample is more significant than whether it
is representative of the whole sector.
Private detective agencies did not form part of this study even though 25
it was originally intended to include these actors in the Serbian private
security sector. A number of private detective agencies failed to respond to
requests for interviews, even though they were recommended to do so by the
Association of PTS Companies in the Serbian Chamber of Commerce. Also,
there are no Serbian private military companies but they could not be left out
of the theoretical framework as they are a significant phenomenon elsewhere
in the world. During interviews with PTS companies operations abroad were
mentioned so this topic was not entirely excluded. As has been mentioned,
an interview was conducted with a security professional from the region
who works in Iraq (in a foreign company that also employs Serbian citizens)
which in the understanding of advantages and disadvantages of employment
for persons from the former-Yugoslavia. Private military companies are not
thought to be a threat to security in Serbia, primarily because there are no
Serbian companies of this kind. Even so, their appearance in the future should
not be excluded and any legislation that will regulate this sector ought to take
this into account.
Private Security Companies in Serbia – A Friend or a Foe?
1
The authors are researchers in the Belgrade School of Security Studies.
Key Research Findings and Policy Recommendations
only by market forces the entire private security sector could not be integrated
into a unified Serbian security system.
After the fall of Milosevic’s regime on 5 October 2000 and the start of
democratisation significant efforts were made to ‘sober’ the private security
industry. The second wave of the privatisation of the security in Serbia was
after democratic changes. Most private security companies (PSC) flourished
when foreign companies entered the Serbian market at the end of 2000.
Foreign banks became their most significant clients. During the process
of privatisation in Serbia numerous foreign companies hired the services
of Serbian PSCs, often conditioning it with clauses about the transfer of
nightwatchmen employed in the privatised state company to the PSC. Such
clauses were a handy way for foreign companies to make cut-backs in staff
numbers without having to pay out dismissal wages. Until then many Serbian
companies employed a large number of people within the suport units (e.g.
company’s security unit) that had little or nothing to do with the core business
area of the company. However, the transition process made this practice
unacceptably cost-ineffective or otherwise the new legislation did not make
it obligatory to keep all employees. Simply by changing the uniforms of their
old state company with the uniforms of their new owners, the employees 27
of privatised companies appeared to be transferred to ‘new’ jobs. In this
way, foreign companies in cooperation with local PSCs, could avoid paying
redundancy compensation. Serbian PSCs, in turn, protected their interests by
agreeing to employ the transferred employees only for a limited period, after
which they would refuse to renew their contracts.
The third cause for increase in the number of people working for
private security sector after the start of democratisation process was personnel
reductions made in the military and police. In the interview with a representative
of a PRISMA2 project for re-settlement and retraining of military personnel
who have been forced into early retirement, we found out that the Ministry of
Defence does not have overview of the number of former military personnel
who were employed in the private security sector. At the same time, having
conducted job market analysis, the Ministry created course for the retraining
of military personnel wishing to be employed in the private security sector.
2
http://www.mod.gov.yu/02ministarstvo/023-sljudsker/prisma/prisma.htm
Private Security Companies in Serbia – A Friend or a Foe?
and private detective agencies. The latter are often small businesses with only
few employees. In most cases they are registered as companies that offer the
following services: search for missing persons or manned guarding. However,
the activities of these companies also include ‘rescue from religious sects’ and
‘investigation of a partner’s fidelity’. They are most frequently run by former
police or intelligence officers. Private detective agencies are not covered by
this study.
The very fact that there is no exact data on the private security sector
indicates that the extent of institutional control over this sector is not at a
sufficient level. This is a consequence of several factors: lack of legislation
regulating general and specific conditions for registering private security
companies (PSCs), lack of authorities dealing exclusively with oversight of
the PSCs activities, weak regulation by market mechanisms and existence of
systemic opportunities for corruption and disloyal competition. However, this
does not imply that PSCs operate in a completely unregulated zone or that
their functioning is not in any way controlled by state institutions, but rather
that existing legal mechanisms are insufficient, that they are obsolete and only
partially obeyed in practice. The parliamentary oversight of private security
sector through the Security and Defence Committee is inexistent.
3
the Rulebook on Types of Services Provided by the Ministry of Interior for Purposes of
Obtaining Additional Funds (Official Gazette of the Republic of Serbia, No. 64/2006, 71/2007
and 14/2008)
Key Research Findings and Policy Recommendations
revenue in order for the MoI to gain profit on the security services market, but
rather to take care of public security. Putting itself on the market like any other
PSC, the MoI is reallocating human, material and financial resources which
in that case cannot be used for purposes for which the citizens allocated their
money. The general public is not informed of the scope of business in question
or about the amount of income obtained in this manner and furthermore – for
what purposes this income is being spent. The only way out of this situation
is to ban the police force from providing services performed by PSCs or to
reduce services to a limited range of situations (for instance, the police force
can only secure the transport of money for the National Bank of Serbia).
we have established that majority of them think that the political influence
exists and that politicians can significantly influence that certain companies
get more jobs. Nevertheless, we also found out that political influence could
also be indirect and based on the fact that certain companies (e.g. banks)
make agreements with those PSCs which are in their opinion close to certain
governmental centres of power. By doing so, they hope to gain governmental
support and get better deals in an easier way. In the absence of concrete
empirical evidence, it is possible only to talk of a perception of political influence.
We believe that percpetions matter and that they may be incentive for PSCs
to look to buy contracts by brybing state officials. It is possible, therefore, to
conclude that confirming whether party politics influences the market is very
difficult but that measures should be taken to prevent this kind of influence.
Clients
During the first interviews for this study it became clear that the main
clients of Serbian PSCs are foreign owned banks and the appearance of these
banks on the Serbian market represented a significant stimulus for the private
security market. It is worthwhile examining why banks are the most significant
clients. As well as the fact that they deal with money that needs protection
on a day-to-day basis they are also significant because they have branches
across the whole of the country. The service security companies provide for
Key Research Findings and Policy Recommendations
The insurance companies are one of the actors which can wield the
greatest influence over the private security companies. They can influence both
the PSC companies and the clients, i.e. the banks. By applying stimulative or
punitive measures in their insurance policies they can raise standards in the
entire sector. By having in place a prescription of the risks that will be coverd
and the necessary self-protection measures insurance companies influence
clients to demand a certain standard of service An increase in quality raises
standards but also raises costs – it also affects the level of qualification
demanded of the security personnel. Insurance companies active in Serbia
do not have developed policy for private security services, so it is very easy
to fulfill security conditions the companies must meet in order for an asset to
be insured.
The employees are the main actors in the private security system.
So what are the employees like? Applicants for work in the security sector
are not faced with rigorous requirements and even those that exist are
largely a formality. An applicant must be able to confirm that he has no prior
convictions, that he has completed a medical examination, and a fire-arms
course and, in some cases, the applicant is required to have a driver’s license
and proficiency in martial arts. Today future PSC employees are not required
to have had completed training or acquired inidividual certification prior to
getting employed in PSCs. In order for an applicant to gain employment in a
security company, or more precisely, in order for him to be able to carry a fire-
arm, future PSC employees must pass a Ministry of Interior’ security check.
This check is the same as for any citizen wishing to obtain a firearms license
and can last from three to six months. This is an unacceptably long period
for a security company to wait. For this reason and because PSCs ususally
Key Research Findings and Policy Recommendations
The requirements applicants for the job in PSC face can be fulfilled
by a large number of people. This leads to an increase in supply, of human
resources, and, therefore, a fall in wages. Low wages affect the quality of
the service and the high personnel turnover. In Serbia there are currently no
functioning labour unions in the private security sector, except in the health
and safety departments of state-owned companies4. Therefore, it is very hard 35
for employees to negotiate in an organised way for better working conditions
and higher salaries. Labour unions could play an important role especially in
countries, such as Serbia, where employees in PSC are not recognised by the
law as sworn officers. The status of ‘sworn officers’ would be disincentive for
criminals to physically attack them due to the higher penalties prescribed by
the law. In the absece of legal protection of PSC employees, labour unions
could take more active role in negotiating with employers for greater protection
from risks arising from work, as well higher compensations for work-related
injuries. At the global level, however, there is an association of unions for
private security sector workers5. In Serbia these unions share the same fate
as other post-socialist unions in countries in transition.
4
Previous departments for self-defence.
5
See http://www.asisonline.org/
Private Security Companies in Serbia – A Friend or a Foe?
Serbia is the only country in the SEE region wherein the private security
sector remains unregulated despite the large number of companies providing
security services already operating in it. The initial attempt to legislate this matter
was made in 2003 when a legal proposal developed by the Ministry of Interior
that is responsible for regulating this area, was submitted to the Parliament6.
The specific reason for this proposal not being adopted is unknown, but it is
clear that there was a lack of political will. In addition to this, at the moment
there are three model laws regulating the operation of the private security
companies. Two draft laws were prepared by the civil society organisations:
Model Law on Private Security Services (Centre for Civil Military Relations,
2006) and the Draft Law on Private Security for the Protection of Persons
and Property and Detective Activity (LEX, 2006), and the third one by the
professional association that assembles private security firms – Draft Law on
Private Security for the Protection of Persons and Property (the Association of
Companies for Physical-Technical Security attached to the Serbian Chamber
of Commerce, 2006).
6
Draft Law on the physical – technical protection (MoI, 2002)
Key Research Findings and Policy Recommendations
13. As the existing four models have been developed from different
perspectives, it would be best if they could be merged into
one proposal that could be put on the agenda of the National
Assembly. The best solutions from each of them should be used,
as this would produce middle ground solution that would satisfy
different interests and make it more implementable. We would
recommend following solutions:
16. Having in mind the fact that the private security sector is a
unique type of business if activity and that it should not be left
to the mechanisms of self-regulation in the open market, we
suggest that the Law Against Corruption should incorporate
provisions about the prevention of corruption in the private
security sector.
II
Case study
PRIVATIZATION OF
SECURITY IN SERBIA
Private Security Companies in Serbia – A Friend or a Foe?
Predrag Petrovic1
Privatizing Security in Serbia
1
The author is a researcher in the Belgrade School of Security Studies.
2
For more on the difference between private military and private security companies see:
Fred Schreier And Marina Caparini, Privatising Security: Law, Practice And Governance Of
Private Military And Security Companies, Occasional Paper - №6, Geneva Centre For The
Democratic Control Of Armed Forces, Geneva, March, 2005. For the purpose of this paper the
difference between private military and security companies is not crucial since it is primarily
concerned with the security sector privatization in Serbia. Peter Singer, author of one of the
best known books addressing security sector privatization Corporate Warriors, does not even
differentiate between private military and security companies and refers to private military
firms, including both types.
3
Fred Schreier And Marina Caparini, Privatising Security: Law, Practice And Governance
Of Private Military And Security Companies, Occasional Paper - №6, Geneva Centre For The
Democratic Control Of Armed Forces, Geneva, March, 2005, p. 1.
4
Michelle Small, Privatisation of Security and Military Functions and the Demise of the
Modern Nation-State in Africa, Occasional Paper Series: Volume 1, Number 2, ACCORD,
Durban, 2006. p. 4.
Privatizing Security in Serbia
5
Its member countries are EU states and Turkey. http://www.coess.org/stats.htm.
6
Michael Page, Simon Rynn, Zack Taylor and David Wood, SALW and Private Security
Companies in South Eastern Europe: a cause or effect of insecurity?, SEESAC, 2005, p. 3.
7
McCarthy, J. “Expanding private military sector faces structural change and scrutiny”.
Jane’s Intelligence Review 18(02), 2006.
Private Security Companies in Serbia – A Friend or a Foe?
Finally, we should not forget that the spiritus movens of these factors
lies in the neoliberal demand for economic development unrestrained by the
state. This demand imposed efficiency, competitiveness and technological
progress as global criteria to both private and public actors. Marketization
of the public sphere, initiated already in the 1980s with “Reaganism” and
“Thatcherism”, and gained full momentum with the end of the Cold War and did
not bypass the armed forces. Hence military and security work appeared on the
market. Almost everything the armed forces cannot efficiently do themselves
is contracted out to private companies, thus making outsourcing the key
word in the public sphere. This enabled the armed forces to focus on core
8
US army today numbers about 1.4 million compared with 2.1 million in 1989. For more on
downsizing of armed forces see: Fred Schreier And Marina Caparini, Privatising Security:
Law, Practice And Governance Of Private Military And Security Companies, Occasional
Paper - №6, Geneva Centre For The Democratic Control Of Armed Forces, Geneva, March,
2005.
Privatizing Security in Serbia
9
The professional public does not agree on what are the core - mission-critical and peripheral
activities of the armed forces, and therefore can neither agree on the scope of the private sec-
tor’s “breach” into the public.
10
Herbert Wulf, Reconstructing the Public Monopoly of Legitimate Force. U: Alan Bryden
and Marina Caparini, Private actors and security governance, DCAF, Geneva, 2006, p. 4. The
phenomenon is apparent primarily in Anglo-Saxon states and is far less prominent in conti-
nental European states like France and Germany.
11
Ulrich Schneckener, Fragile Statehood, Armed Non-State Actors and Security. U: Alan
Bryden and Marina Caparini, Private actors and security governance, DCAF, Geneva, 2006,
p. 31-35.
Private Security Companies in Serbia – A Friend or a Foe?
12
Ibid. p. 32
13
Michael Page, Simon Rynn, Zack Taylor and David Wood, SALW and Private Security
Companies in South Eastern Europe: a cause or effect of insecurity?, SEESAC, 2005, p. 87.
Privatizing Security in Serbia
the 1990s all indicators of the objective social situation in Serbia took a
sudden downward turn. An all-comprising social-economic and political crisis
– “entrenched” already in the SFRY - reached its height with the disintegration
of the country, war and imposition of sanctions against the FRY. In the 1989-
1993 period alone the country’s GDP was halved, industrial production and
per capita income were reduced almost threefold, while unemployment
increased from 17 to 24 per cent. In 1993 already close to 40 per cent of the
FRY population was on the poverty line.14
14
For more on the social and economic situation in the 1990s see: G17 plus, Bela knjiga
Miloševićeve vladavine (White book of Milosevic’s rule), Beograd, G 17 plus, 2000, http://
www.g17plus.org.yu/srpski/files/knjiga/knjiga.pdf, retrieved 7. 2. 2007.
15
For more on the difference between the grey and black economy and their respective roles
in Serbia in the 1990s see: Jens Stilhoff Sörensen, War as Social Transformation: Wealth,
Class, Power and an Illiberal Economy in Serbia, Taylor & Francis. 6: 55-82, 2003.
16
Timothy Frye, Private Protection in Russia and Poland, JSTOR. 46: 572-584, 2002. This
calls for a clarification. Namely, part of grey economy operations primarily related to the
purchase of energy was organized by state bodies (security services) which therefore enjoyed
their protection.
17
Jezdimir Vasiljević and Dafina Milanović are founders of pyramidal banks Jugoscandic
and Dafiment.
18
Dnevnik http://www.dnevnik.co.yu/arhiva/01-09-2003/Strane/dogadjaji.htm 30. 8. 2006.
Private Security Companies in Serbia – A Friend or a Foe?
19
“Embryonic PCSs in Serbia were predominantly informal groupings of armed men that as
well as providing private security services engaged in racketeering, money laundering and
trafficking”. Michael Page, Simon Rynn, Zack Taylor and David Wood, SALW and Private
Security Companies in South Eastern Europe: a cause or effect of insecurity?, SEESAC, 2005,
p. 87.
20
Aleksandar Fatic, Organizovani kriminal u najizraženijim pojavnim oblicima u Srbiji, (Or-
ganized crime in its most striking manifest forms in Serbia),CSS, Beograd, 2002, http://www.
cbs-css.org/orgkrim.php. Retrieved: 1.2. 2007.
21
Željko Ražnatović Arkan was commander of the “Tigers” armed formation “operating_
in Croatia and Bosnia and Herzegovina. He was also repeatedly arrested and convicted for
diverse criminal offences in the country and abroad.
22
“Expressive murders are affective, reactive violence wherein the primary motive is ex-
hausted in the manifestation of violence and injury, i.e. destruction of another person, while
instrumental murders use violence primarily in order to obtain another objective which is as
a rule reduced to material benefit,” Biljana Simeunović-Patić, Ubistva u Srbiji u kontekstu
tranzicije i rata, Temida br.4, Žrtve i globalizacija: 12, 2003, p. 34.
Privatizing Security in Serbia
23
Ibid, p. 36. Data originate from the Belgrade District Prosecutor’s Office.
24
Jens Stilhoff Sörensen, War as Social Transformation: Wealth, Class, Power and an Illib-
eral Economy in Serbia, Taylor & Francis. 6: 55-82, 2003.
25
Michelle Small, Privatisation of Security and Military Functions and the Demise of the
Modern Nation-State in Africa, Occasional Paper Series: Volume 1, Number 2, ACCORD,
Durban, 2006, p. 16.
26
Švarm, F, “Jedinica.” (Unit), B92, Beograd, 2006, Retrieved 5. 2. 2007, http://www.b92.
net/specijal/jedinica/
Private Security Companies in Serbia – A Friend or a Foe?
In conclusion, we must not disregard the fact that war surroundings, in addition
to providing “armed support”, also created a powerful “personnel” base for the
newly established private security firms. A large number of men returned from
the battlefield trained to use arms, after having participated in the actions of
military, paramilitary, police or parapolice units on the territories of Bosnia and
Croatia. These people therefore saw employment with private security firms
as the only way to earn a living.27
***
27
Treća oružana sila u Srbiji (Third armed force in Serbia). Dnevnik. http://www.dnevnik.
co.yu/arhiva/01-09-2003/Strane/dogadjaji.htm. Retrieved 2. 9. 2006.
28
“According to the director of the republic agency for foreign investments and export
promotion Jasna Matić, investments in Serbia in 2006 totalled four billion euros, of which the
first ten greenfield investments account for 1.2 billion”. http://www.zrenjanin.org.yu/aktuelno/
NajveceGrinfildInvesticijeUSrbiji2007.htm retrieved 11. 2. 2007.
29
For more on the index of corruption in Serbia see: www.globalintegrity.org.
30
Government institutions and NGOs have both contributed to the regulation of this sphere,
e.g. the Ministry of Interior of Serbia, League of Experts and the Centre for Civil-Military
Relations have each developed their model laws.
Privatizing Security in Serbia
51
31
E.G. security personnel participating in robberies. “Kamuflaža za ljude na ivici zakona”
(Camouflage for men on the verge of law), Glas javnosti, Beograd, http://arhiva.glas-javnosti.
co.yu/arhiva/2005/11/10/srpski/T05110901.shtml. Retrieved 11. 2. 2007.
32
Široko polje za pravo jačeg (Wide leeway for the right of the stronger). Danas. http://www.
danas.co.yu/20060825/terazije1.html. retrieved 30. 8. 2006.
33
Primarily the Law on Weapons and Ammunition.
Private Security Companies in Serbia – A Friend or a Foe?
Marko Milošević1
Private and Secure – The Free Market or Controls on the Use of Force?
1
The author is a researcher in the Belgrade School of Security Studies
2
Some of these firms do not even attempt to portray themselves as providing a service that
will benefit society as a whole, instead they are happy to be seen as available only to the
privileged.
The Influence of the Market on Private Security Sector
3
“Living with the Legacy: SALW Survey Republic of Serbia“, UNDP 2002, p. 10
4
See annex for the laws that apply to PSCs.
5
Police officers have the status of state official and they are allowed to use their fire-arms
and to apply physical force under less restrictive conditions than private security company
employees.
Private Security Companies in Serbia – A Friend or a Foe?
55
The key actors amongst those on the horizontal line are the insurance
companies. They can influence both the PTS companies and the clients, i.e.
the banks6. By applying stimulative or punitive measures in their internal
statutes they can improve the functioning of the entire sector. The clients
can, through clauses in tenders, demand a certain standard of service. An
increase in quality raises standards but also raises costs – it also affects the
level of qualification demanded of the security personnel themselves. Within
these horizontal connections there is increased room for improvement. At the
moment, insurance companies have not developed a specific set of policies
for the services provided by security firms and it is, therefore, too easy to meet
the conditions they set.
6
The employees of banks, as the most significant clients, were interviewed for this study but
all clients who want to ensure the security of their assets should have an insurance policy.
Private Security Companies in Serbia – A Friend or a Foe?
The focus of the vertical connections are the operations of the PTS
companies themselves. The vertical connections lack a system of feedback
as exists in the horizontal connections. The National Security Council is
56 included mostly out of propriety. As a parliamentary body the Council can
monitor the operations of private security firms7 only through the Ministry of
Internal Affairs and can work to ensure that standards and regulations are
implemented. Officially, it is the police that has direct control over the PTS
companies. The unwieldiness of the bureaucratic system creates deviations in
this sector, especially in terms of the aforementioned ‘black market’ activities.
The Ministry of Internal Affairs does not have a central database on private
security companies, their employees or the weapons licensed to them, this
information is to be found in the local police stations where the companies are
registered. Quite apart from the merely formal existence of oversight for this
sector there is also a conflict of interest between the PTS companies and the
police, which will be dealt with later in the text under the section that deals with
competition in the market place.
The last actor in the system is also the weakest; the employees of
security firms. Security company employees have the right to organise and
form unions. It is in their interest, as with all other workers, to win higher
salaries and better working conditions for themselves. Their requirements do
have an effect on their employers and can affect the bids their company is
7
For further information on the National Security Council see the Control section.
The Influence of the Market on Private Security Sector
able to make. Also worth mentioning is the fact that low wages can affect the
quality of the product.
8
The wages in PTS companies are around 10,000 dinars (120 euros) per month or higher, de-
pending on the company, night shifts, overtime etc. Agreements on the minimum wage relate
to an hourly wage which is between 120 and 180 dinars (1,5-2.0 euros) but even this hourly
wage is subject to reductions during contract negotiations
9
The average daily wage in construction is around 20 Euros.
Private Security Companies in Serbia – A Friend or a Foe?
would be regulated and would have some function; two, there would
be 35,000 new jobs, because that’s how many work now; three, the tax
collectors would go up by about 5-7 billion dinars – because for every
employee there is 150 euros of tax missing and 30,000 employees times
150 euros, that’s 450,000 euros a month, and training, and checks,
the taxes the state collects – checks in the police, in the prosecutor’s
office…”10
The Clients
The service security companies provide for banks is usually physical and
technical security on the premises of the branches themselves and of the cash
and valuables in transit. So how can banks influence the way there services
are provided? In the first case, banks are secured by a security guard who
is physically present at the branch in question but also by technical security
solutions – alarms, anti-robbery systems and security cameras. One of the
bank security managers we interviewed claimed that staff who work in banks
would prefer not to be armed. There are three reasons for this:
1. by law the security guard is not allowed to use his weapon11, and
would, therefore, hesitate to use it
2. in the event of a robbery, the very fact that the guard is armed may
10
From an interview conducted with a employee of a state security company.
11
See text on legislative solutions.
The Influence of the Market on Private Security Sector
In what way can the private security firms, and the other actors they
interact with, be influenced? At the moment the private security sector is poorly
regulated and that seems to suit all concerned. The standards imposed by the
insurance companies require cash and valuables in transit to be accompanied
by two armed men and a vehicle13. They do not forsee any kind of stimulative
or punitive measures for the effort (or lack thereof) of securing the money in
transit. As a result, there have been cases of extraordinary negligence, for
12
According to a security guard working in a bank: on the robberies of money in transit see
“Veliki hajduci haraju Srbijom”, Nedeljni Telegraf, 17.10.2007
13
From more than one interviewee
Private Security Companies in Serbia – A Friend or a Foe?
example, in one case a security guard came out from a restaurant, whose
daily takings he was securing, carrying a hamburger and a bottle of cola and
with the restaurant’s takings in a bag hanging round his elbow. As one source
states, anybody could have run up and taken that money. Another case we
heard about also is illustrative of the poor quality of security services – in this
case two security guards collected the money to be transferred in a private
Yugo. These cases, even though they are exceptions rather than the rule,
clearly exemplify the weaknesses of the present system.
The insurance companies are one of the actors which can wield the
greatest influence over the private security companies. At the time the research
for this paper began, in the Autumn of 2007, the interviewees identified two
insurance companies as being the most important on the market – Dunav
Osiguranje, which has a 60% market share, and DDOR Novi Sad14, which has
30% of the market15. The most important of these two insurance companies
that they are both state (formerly public) – owned. By examining the internal
standards of these two companies, and through various interviews, it has
been possible to conclude that these companies do not differentiate between
different levels of quality in terms of security services provided. A few of the
interviewees have highlighted the closed nature of these companies and the
lack of personnel sufficiently trained to assess the quality of a security service.
The insurance companies cover losses without first examining the quality of
14
While this paper was being compiled this insurance company was in the process of being
privatised.
15
According to the assessment of two interviewees who work as security guards in banks.
The Influence of the Market on Private Security Sector
the security measures employed by the banks. As for the security present
in the banks’ branches, the insurance companies require only very general
standards for the securing of the banks’ assets:
“…anyone with a metal till draw, that can be locked, pays the exact
same premiums as I do, and I buy safes with level three or four protection
rating. Those safes cost between three and five thousand euros, but
you can buy one of these (as prescribed by the insurance companies)
for 500 euros.” 16
1) for sums between 5,000 and 12,000 euros the policy holder is obligated
to employ a security guard and/or an alarmed bag
16
From an interview with an employee of a bank
Private Security Companies in Serbia – A Friend or a Foe?
2) for sums between 12,000 and 24,000 euros the policy holder is
obligated to employ one armed guard
3) for sums between 24,000 and 50,000 euros the policy holder is
obligated to employ two armed guards
4) sums over 50,000 cannot be insured.
The Competition
62
Bearing in mind that private security companies are subject to market
forces, we asked our interviewees to tell us a little about the security services
market in Serbia. The opinions given varied, especially on the subject of the
competitivness of the Serbian security market. Some of the interviewees
pointed to the fact that political connections often influenced the outcome of
tenders, but this always applied to “some other companies”, and not their own.
In the absence of concrete evidence, it is only possible to talk of a perception
of political influence. Even those interviewees who were reserved when
talking about political influence mentioned that they thought that the control on
the financing of political parties should be more rigorous17. If the financing of
political parties was more transparent there would be more discussion of how,
“some company could win a tender and, in return, back the political party of
the man who helped them win the tender”. It is possible, therefore, to conclude
that confirming whether party politics influences the market is very difficult but
17
Failing of the Law on Party Financing exists as the reports on the financing of political
parties are issued by the Financial Council of the National Assembly, which is made up of the
members of the Assembly, i.e. members of political parties. In practice, this means that the
members of political parties are responsible for their own oversight, instead of this function
being carried out by an independent body. This law is available at http://www.transparentnost.
org.yu/aktivnosti/finansiranje/zakon.htm Sl. Glasnik RS 72/03 and 75/03
The Influence of the Market on Private Security Sector
that measures should be taken to prevent this kind of influence. It is also worth
mentioning that this kind of influence is not a problem only for the security
market but for all kinds of market based activty.
Apart from the already mentioned problems the market is also at the
mercy of non-market competition. There are two main forms of non-market
competition; one is of a systematic nature, the other of an economic nature.
The systematic non-market competition for PTS firms comes in the shape
of the Ministry of Internal Affairs. The police are allowed to commercialise
some of their activities, for example, the protection of cash and valuables
in transit, this draws the PTS companies into direct and uneven competition
with the police20. The police are legally allowed to compete for resources
on the market by offering certain services, namely the protection of money
transfers. PTS companies complain that the MoI are shutting them out of the
market, sometimes even by using their powers to stop the vehicles of private
companies, which often leads to the client changing their security service
64 provider21.
The second form of non-market competition is of an economic nature.
According to one interviewee, and as confirmed by another source, even
though they reduced their personnel costs several leading security companies
lost out in a tender against one actor who offered a price that simply was
not viable. This actor was an association of former-police officers who could
supplement their pensions by working as security guards. This second case
is, however, a rare occurrence. The clients themselves are able to decide
18
An interviewee whose company is not in the Council made the following comment: „How
can they make any agreement stick when one day they’re agreeing on the minimum wage and
the next the same companies face-off against each other in competition for tenders were they
lower the minimum wage?“
19
’Belgradisation’ can be understood as a process where the decisions on the the Serbian se-
curity sector are made in Belgrade, so decisions on the minimum wage are made in Belgrade
and applied to the rest of Serbia, and contracts with the big clients are signed in Belgrade.
20
The guidelines on all the services the MUP is allowed to offer in order to gain extra
resources, Sl. Glasnik RS, no. 64/2006, 71/2007 and 14/2008. Interestingly, the police are
paid from the national budget but their activities on the open market suggests a surplus of
employees.
21
From interviews with the employees of two seperate companies.
The Influence of the Market on Private Security Sector
The Employees
The employees are the main actors in the private security system. So
what are the employees like? Applicants for work in the security sector are not
faced with rigorous requirements and even those that do exist are largely a
formality. An applicant must be able to confirm that he has no prior convictions,
that he has completed a medical, a fire-arms course and, in some cases, the
applicant is required to have a driver’s license and martial arts experience.
The most significant problem faced by security workers is an absence of
profession22. The requirements applicants face can be fulfilled by a large
number of people. This leads to an increase in supply, of human resources,
and, therefore, a fall in wages. Low wages affect the quality of the service and
the high personnel turnover. As is often the case, security personnel spend the
summer working as a construction labourer, where wages are higher, and the
winter – when there is less construction work - working for security companies.
This turnover affects the way the whole sector functions. The very nature of 65
the work security firms carry out demands punctuality and availability and so,
when the amount of work a firm has increases, new employees have to be
taken on quickly. These new employees often don’t have time to go through
the Ministry of Internal Affairs23 security checks and are forced to temporarily
conduct secondary duties.
A law regulating this sector would also have to regulate against “black
market work”. In addition, to the traditional tax evasion, the security sector also
offers another incentive for “black market activity”. In order for an applicant to
gain employment in a secuirty company, or more precisely, in order for him to
be able to carry a fire-arm, he must pass a Ministry of Internal Affairs security
check. This check is the same for any private citizen wishing to obtain a fire-
arms license and can last “from three to six months” 24. This is an unacceptably
long period for a security company to wait for. In such cases, because contracts
22
A profession is taken to mean work that is recognised as being professional by the market,
and which is underpinned by some form of training – often accompanied by some form of
certificate of license. Of course, it is also useful if the personnel working in this field see their
careers as developing in this sector.
23
These are necessary so that the employees can be issued a fire-arms license.
24
From an interviewee on the slowness of the Ministry of Internal Affairs.
Private Security Companies in Serbia – A Friend or a Foe?
are short, companies often employ people unofficially, without waiting for
security checks. Such personnel are employed as unarmed guards or drivers,
but there is always an element of risk. The Ministry of Internal Affairs is also
supposed to check reports of all cash and valuables transits and the routes
thereof. However, perhaps because of a shortage of personnel or because of
a demanding workload the Ministry of Internal Affairs does not conduct these
checks in a timely manner, which means that money transfers are often carried
out without the knowledge of the police. This directly impacts on their security.
On the other hand, the employment of “black market workers” has economic
incentives too but the trend leans towards the employment of workers in
the”grey zone”, meaning that they are employed through youth organisations,
or similar, thereby reducing the taxes that need to be paid for them.
25
“Which nobody has ever failed”, from interview with an employee of a PTS company.
26
On the possible methods for the issuing of a license see texts on legal models by Predrag
Petrovic and Jelene Unijat.
The Influence of the Market on Private Security Sector
27
Unions can have a significant role in countries in which security sector workers are not
state officials as they can campaign for greater safety at work and compensation in the event
of injury.
28
See http://www.asisonline.org/
29
The interviewee was employed in a publc-owned company as a security guard and was a
member of the union. When the company went through a re-organisation the security depart-
ment was officially disbandened but it is still a public-owned company which is allowed to
provide a security service to the mother company.
Private Security Companies in Serbia – A Friend or a Foe?
Can Serbia have a union in this sector that could compare to those
in Europe? One manager of a PTS company was of the opinion that, in this
sector in Serbia, there is a lack of a social dialogue between the state, the
employer and the employees. According to him, the formation of unions should
be a move that the companies themselves should support, however, in Serbia
this would be more likely to lead to the companies trying to control the unions
they back.
Personnel Transfer from the State Security Sector to the Private Sector
The trend for retired police and army personnel to transfer to private
security companies is widespread in Serbia, as it is globally. It is difficult finding
exact figures for this trend; all interviewees spoke of the existence of such
a trend but none could say how far-reaching it is. Some interviewees were
themselves former soldiers or police officers. This trend affects the sector in a
number of ways. Even though soldiers and policemen share some skills with
their ‘brothers in arms’ in the private security sector, they do not automatically
possess all of the skills necessary for work in PTS companies, or rather, some
of their skills are not necessarily compatible with PTS work.
68
Namely, the mindset that is formed in heirerchical structures like those
found in the police and the army is considered a disadvantage in PTS work
where more individual initiative is desirable. Another problem is the fact that
upon transfering to the private sector the soldiers and policemen do not retain
their acquired rank and the benefits that go with it. Progress towards the top
of a PTS company has to begin at the bottom and the speed with which an
employee is promoted is an indicator of their ablity to adjust to new challenges
in the workplace. In an interview with a representative of a project that looks
after army officers forced into early retirement, it emerged that the Serbian
Army does not keep a record of how many of its former members are now
working in the private security sector. In recognition of this trend the army has,
however, established a programme for re-training army officers for work in the
private sector.
This course is intended for NCOs and civilians who were once
employed by the army but it is open to commissioned officers who might
be interested. The NCOs are usually trained for operations in the field while
officers are better suited to managerial positions. Estimates suggest, however,
that a large number of officers still accept work on an operational level, which
could be explained by the low number of managerial positions available or the
The Influence of the Market on Private Security Sector
30
See text by Jelena Unijat on legislative solutions for regulating this phenomenon.
Private Security Companies in Serbia – A Friend or a Foe?
31
It is claimed that the largest Serbian private security firm has around 3,000 employees.
The Influence of the Market on Private Security Sector
are here have done nothing for a whole year, they are simply taking their
local profits but thinking globally, the Serbian market means nothing to
them. But if they’re already in Greece, Bulgaria and Romania, there is
no reason not to be in Serbia and Bosnia too. Foreign companies will
come along and literally buy the market. How many workers are there
in this sector, how many companies, maybe 12, they will say – here I
am, I’m interested in these top 8 companies, that’s going to cost me so
much and I can have 40% of the market.”
From this we can see how the global market functions and how it can
influence Serbian security companies. The real problem is finding the line that
divides the open market and security. In envisioning a scenario where foreign
companies can buy up the Serbian private security market we come up
against the possible outcome
of foreign capital one day Working Abroad – The Iraq Experience
withdrawing from the market
and leaving behind a security An interviewee, originally from Bosnia,
vaccuum. In the event of such who works in Iraq, offered to share his
an outcome who would protect experiences from the field. When asked
the state? Such an actor does whether there are Serbian security 71
not exist. The owner of a private personnel working in Iraq he said that there
security firm, worth some tens are, around ten according to his information,
but added that there are around fifty from
of thousands of euros, will sell
Bosnia. There are no Serbian security
to a larger company if he can
companies present in Iraq, those who work
get the right price, the interest there are there on an individual basis and
of the state simply is not his found work through advertisements or the
problem. The state’s security internet. One problem for Serbian citizens
institutions have already is that their country is not a member of
reduced their capacities and NATO. Citizens of countries that are in the
part of the slack that remains Coalition of the Willing have an easier time
has been taken up by the as they can apply for work permits. Serbian
private sector, which would, in citizens cannot get an IRAQ WIDE work
this scenario, be eliminated. permit which would give them freedom of
This dilema was forseen by movement over the entire country, including
military bases, and freedom from being
one interviewee who claims
searched. There are of course, exceptions
that it is indeed possible as
to this rule and some Serbian citizens do
the Serbian market is a small have this permit but there is no system for
one. The security sector is too Serbian citizens to officially obtain such a
important and complex to be permit for the largest foreign market in the
left at the whim of market self- world – Iraq.
regulation.
Private Security Companies in Serbia – A Friend or a Foe?
Conclusion
It is said that there are 20,000 to 60,000 people working in the private
security sector in Serbia. Because the figures are not official, some of those
interviewed used differing stastics on different occasions depending on the
desired effect. Our own estimates put the figure at 30,000. Some interviewees
agree and one elaborated on this point, saying there are “three companies
of around 3,000 people, six of 1,500 and the rest are small firms or private
detectives whose numbers vary.” Assuming that these workers are all legally
employed, that their taxes are paid for, one interviewee calculated that, if the
72 state recieves around 150 euros of taxes per employee, this would mean a
tax income of 450,000 euros per month. These companies are eager to be
properly integrated into the economic system, a situation in which the insurance
companies can wield the greatest influence. On the other hand, effective control
and more timely completion of MoI security checks would reduce the level of
corruption in the sector. The establishment of a social dialogue between the
state, the private security companies and their employees is clearly a vision of
the distant future, a fate the employees of private security firms, unfortunately,
share with their employers.
Recommendations
3. The Clients
o When employing the services of a private security
company the standards and conditions of the contract
should be clearly defined and the quality of the service
should be closely monitored.
o An effort should be made to train personnel in the
field of security management so that they will be able 73
to effectively assess the quality of security measures
employed.
4. The Employees
o Professional Training
o Organised Unions
Predrag Petrović1
1
The author is a researcher fellow in the Belgrade School of Security Studies.
Control and Oversight of the Private Security Sector
One of the most important laws currently regulating the PSCs control
is the Law on Weapons and Ammunition3. It prescribes conditions under which
companies can obtain a license for possession of firearms, as well as whether
PSCs employees can carry the same weapons while carrying out certain
duties. According to this Law, a license for possession of firearms is issued
to the company which has an obligation to safe keep it in accordance with
conditions prescribed by this Law. For jobs which require that employees carry
weapons, companies seek license from the municipal branch of the Serbian
MoI (in the municipality where they are registered). In order for the MoI to
issue approval for a security guard to carry a piece of arms, that employee 75
needs to meet certain requirements. Namely, the employee must not have a
criminal record, there are to be no criminal charges raised against him and he
should be physically fit to perform such duty. Moreover, such person should
complete the shooting range training, consisting of three major segments:
legal – introducing a person to legally prescribed conditions for using firearms;
practical – consisting of training for practical use and carrying of arms; and
testing the candidates’ knowledge.
The basic problem lies in the fact that some PSCs fail to implement
these regulations in a consistent way, i.e. they violate them. Namely, it is
often the case that a PSC disregards the fact that the MoI has not given a
PSC employee a license to carry arms or that an employee does not carry an
arm piece during his work, whilst being engaged on a very sensitive job. This
occurs because there are no bodies whose primary tasks would be to perform
control and inspection oversight of PSCs activities. The MoI is in charge of
inspection oversight of the Law on Weapons and Ammunition implementation,
but there is no department within the Ministry itself whose single task would be
2
A complete list of laws regulating the PSS is outlined in the Chapter 6 of this publication.
3
Law on Law and Ammunition, Official Gazette of the Republic of Serbia, No. 24/05
Private Security Companies in Serbia – A Friend or a Foe?
While one can easily conclude from the above said that it is very
important to establish an efficient control and oversight over this sector, one
encounters problems with putting this idea into practice. According to an
interviewed manager of a PSC, “this is a business like any other business”. On
one hand, PSCs represent (armed) entities that have a significant influence
on the public, state and personal (in)security, hence it is understandable that
there are demands for them to be placed under strict state control. On the
other hand, they are also economic entities which aim to increase their profit by
offering their services on the security services market, therefore any interfering
of the state in their affairs can be observed as restraining of market freedom.
Therefore, the question is how to enable efficient and effective control over
this sector without jeopardising their freedom to contract and provide services.
It should be mentioned at the very beginning that there is no universal solution
and that every country establishes balance between the state and the private
security sector in a different manner.
Control and Oversight of the Private Security Sector
It can be said that there are two main models of licensing – the first
model, according to which the MoI issues and revokes work licences, and
the second model, according to which the PSCs association holds this right.
Both models have their strengths and weaknesses. The first model is more
characteristic to continental systems of state administration and legislation.
This system entails that state institutions have a larger degree of control over
PSCs work, as well as larger degree of responsibility considering that the MoI is
accountable to both the Government and the National Assembly. However, the 77
downside of this model is that it can lead to occurrence of disloyal competition.
Namely, Serbian police force is entitled to provide services just like any other
PSC (e.g. securing transport of money)5 and to make profit in such a way.
In a situation where the MoI is issuing work licences for PSCs, there is a
great possibility for the police force to use this right in order to eliminate the
competition and possibly put itself in a monopolistic position on the market.
The problem which occurs here is that Serbian citizens do not pay revenues
in order for the MoI to gain profit on the security services market, but rather to
take care of public security. Putting itself on the market like any other PSC, the
4
See more on the comparative insight into different models of laws on private security sector
in the Chapter 3 of this publication
5
“The Ministry acquires additional funds in relation to its primary activity (…) and which
have the function of own revenues by providing the following services: (…) official secu-
rity and transport of dangerous substances, weapons, money, valuables, precious metals,
art pieces and other objects and goods of significance for the Republic, for purposes of the
National Bank of Serbia, business banks, institutions, organisations and other legal entities;
securing sports events and other public events, in accordance with the Law;… other serv-
ices, in accordance with the Law and regulations of the Minister of Interior.” Article 2 of the
Regulations on Types of Services Provided the Ministry of Interior for Purposes of Obtaining
Additional Funds (“Official Gazette of the Republic of Serbia”, No. 64/2006, 71/2007 and
14/2008)
Private Security Companies in Serbia – A Friend or a Foe?
MoI is reallocating human, material and financial resources which in that case
cannot be used for purposes for which the citizens allocated their money.
The general public is not informed of the scope of business in question or
about the amount of income obtained in this manner and furthermore – for
what purposes this income is being spent. The only way out of this situation
is to ban the police force to provide services performed by PSCs or to reduce
services to a limited range of situations (for instance, the police force can only
secure the transport of money for the National Bank of Serbia6).
Another problem lies in the fact that this model would function
really slowly in the practice. This conclusion can be drawn from statements
given by most of interviewed PSC managers who were of opinion that the
MoI was extremely slow in reaching decisions following requests made by
PSCs.7 Private security companies represent a market subject and for them
“the time is money”, thus it is completely understandable that managers of
these companies rate such a practice as a negative one. This problem might
be overcome if compulsory
deadlines for resolving Competing for the right to issue work
demands submitted by PSCs licences is also profit motivated
78 to the MoI would be short,
as well as if the penalties for In order for a person to obtain a work licence,
amongst other things, he must undergo a
failing to meet these deadlines
training which is being charged. Therefore,
would be put in place.
if we start from the presumption that this
sector employes 30,000 people and that the
According to the cost of a training course amounts to €200٭,
second model, the PSS has we come to a profit of €6,000,000. Reasons
a large degree of autonomy for competition for the right to issue work
in regulating its own work. licences and provide training for people
This model envisages that who want to engage in this line of business
PSCs must be members of a should therefore be sought in these facts.
professional association, wh ٭According to an interviewed PSC security
ich would have the prerogative manager, this is the training cost mentioned in the
private security sector.
6
It is not uncommon that PSCs secure transports of money for central banks all over the
world.
7
Bureaucratic slowness is one of the causes of anomy and so called administrative corruption.
See more in: Dobrivoje Radovanović and Aleksandra Bulatović (ed.), Corruption, Centre for
Management and Institute of Criminological and Social Studies, Belgrade, 2005. Further-
more, as we have shown in the Chapter Two of this publication, in a group of countries the
phenomenon of privatisation of security sector occurs as a consequence of inefficient work of
state institutions.
Control and Oversight of the Private Security Sector
to issue and revoke work licences and provide professional trainings for work
in PSCs. This model’s advantage lies in the fact that PSCs managers have
the best insight in this sector’s needs.8 It is assumed that activities related to
licensing would be carried out much faster than in the first model. However,
majority of professionals not engaged in this sector as well as managers of
some PSCs9 are against this solution. They are of opinion that this model would
give room to a complete domination of a small number of large companies,
which in this case would not act according to the market rules. Moreover, it is
often mentioned, as an argument against this solution, that PSCs in Serbia
have very negative legacy10, hence it would be very dangerous to grant them
such autonomy in regulating this sector. To be honest, there are almost no
state institutions in Serbia who do not have a negative legacy. This particularly
applies to the so called instruments of force: the army, police force and
security intelligence agencies. As a reminder, the lustration, which would clear
the state administration from all those people involved in severe violation of
human rights, has not yet been carried out in Serbia.
“Common Story”
8
Some PSCs security managers are of opinion that it is not good that the MoI issues licenses
and provide training, since the MoI employees do not have a sufficient insight into the market
nature of this sector, hence it would have negative consequences on the PSCs work.
9
Security managers of companies who are not members of the Association of Security Com-
panies with the Serbian Chamber of Commerce are particularly opposing the introduction of
this solution.
10
See more on the negative legacy of the PSS in Serbia in the Chapter Two of this paper titled
Privatisation of Security in Serbia.
Private Security Companies in Serbia – A Friend or a Foe?
of training would create a sort of a market that would give people who want
to work in the PSS an opportunity to chose where they want to be trained
and their decision would be based on information on the quality of training a
certain company can offer.
Proposed Solutions
11
See more on what is included in inspection oversight in the Model Law on Private Security
Services and Activities drafted by the Center for Civil-Military Relations, at the CCMR
webpage
http://www.ccmr-bg.org/upload/document/zakon_o_bezbednosnim_delatnost.pdf. All four
model laws regulate inspection oversight of PSC work in the same manner. The only differ-
ence being that according to the model law drafted by the Committee of the PSC Professional
Association, licenses for work is issued by the professional association, hence it has the
prerogative to revoke them as well. See comparative review of model laws on private security
sector drafted to date in the third segment of this paper, as well as in the paper “Comparative
Analysis of Four Model Laws on Private Security Sector”.
Control and Oversight of the Private Security Sector
The fact that the state, PSCs and users of their services are not the
only actors significantly influencing the nature of the PSS is often overseen by
the general public. Insurance companies also have a very important role in this
sector. They establish which security conditions12 the companies must meet in
order for an asset to be insured. In addition, insurance companies also set the
height of insurance premium rates depending on the level of risk with regard
to the security provided for the asset to be insured. With improved quality
and degree of security the insurance premium rates paid by the company are
decreasing. Therefore, by applying the system of insurance rates and quality
control for security services, the insurance companies have a significant
influence on professionalism and responsibility of PSCs. 81
12
See more on this topic in the Chapter Two of this publication, in the paper “The Market
Influence and Development Perspectives”;
13
See more on all the ways the money is being transported in the Chapter Two of this publi-
cation, in the paper “The Market Influence and Development Perspectives”.
Private Security Companies in Serbia – A Friend or a Foe?
future the insurance companies could and should play a more significant role
in the quality control of services provided by the PSCs. The presumption that
market actors can to a large extent control the quality of services provided by
PSCs can be confirmed by the fact that it was the private economic entities,
foreign banks in particular, who had significantly raised the quality of services
provided by PSCs by setting higher standards.
The State does not Want Legally Regulated Control of the Private
Security Sector
During the last decade, the experts but also the general public have
become quite interested in problems, or rather security risks and threats,
generated by the PSS during this period. It has been demanded that the initial
step in sorting out the situation in this sector should be adopting of the law
which would regulate this area in a systematic, comprehensible and precise
manner. For the last four years, the citizens of Serbia had the opportunity to
review several models of laws which regulated the area of private security
from different perspectives. A law model drafted in 2003 by the team of experts
from the Serbian MoI became a Draft Law on Private Security Sector and
82 entered the parliamentary procedure. However, this draft law has never been
put to vote in the National Assembly, for the reasons unknown to the authors
of this paper.
This fact indicates that we also must examine PSS problems outside
the legislative framework, i.e. that adoption of laws is only the first step and
that further professionalisation of this sector can be expected only after
the political influence on the economy and the society in general had been
reduced. While we are waiting for the market economy to come into effect
to the full extent, we might propose certain measures aimed at reducing the
influence of politics on PSCs business. Namely, one of the ideas put forward
by the interviewees was that relations between the politics and PSCs should
be made public, i.e. relations between those two entities should be legalised
and regarded as consultancy services. In this manner, we would know who
Private Security Companies in Serbia – A Friend or a Foe?
are actors mediating in obtaining contracts, what is their rate, as well as who
the other actors in this relation are. By doing so, we might avoid different
speculations in public.
Conclusions
14
Law on Financing of Political Parties, Official Gazette of the Republic of Serbia 72/03 and
75/03.
15
See more on significance of independent anticorruption agencies in Serbia in: Predrag
Petrović, Anticorruption Agency, The Security Review, Centre for Security Studies, 03/07.
Control and Oversight of the Private Security Sector
interferes too much in PSCs work, it could reduce business capability and
incomes of these companies, which will ultimately have a detrimental effect
on the state itself since its revenues will be reduced and a larger number of
people will stay unemployed.
RECOMMENDATIONS
Depolitization of PSS
Jelena Unijat1
Serbia is the only country in the SEE region wherein the private security
sector remains unregulated despite the large number of companies providing
security services already operating in it. The initial attempt to legislate this
matter was made in 2003 when a legal proposal developed by the Ministry
of Interior that is responsible for regulating this area, was submitted to the
Parliament2. Specific reason for this proposal not being adopted is unknown,
90 but it is clear that there was lack of political will. In addition to this, at the
moment there are three model laws regulating private security operation. Two
draft laws were prepared by the civil society organizations: Model Law on
Private Security Services (Centre for Civil Military Relations, 2006) and the
Draft Law on Private Security for the Protection of Persons and Property and
Detective Activity (LEX, 2006), and the third one by the professional association
that assembles private security companies – Draft Law on Private Security
for the Protection of Persons and Property (Committee of the Association
of Companies for Physical-Technical Security in the Serbian Chamber of
Commerce, 2006). In this paper we are going to present and compare main
regulations of all four existing law models in this area.
Company Licensing
1
The author is a reasearcher at the Belgrade School of Security Studies
2
Draft Law on the physical – technical protection (MoI, 2002)
3
Matić D. Goran : Osnovi fizičko-tehničkog obezbeđenja (Basis of Physical-Technical Securi-
ty), Privredna komora Srbije, Udruženje preduzeća za fizičko-tehničko obezbeđenje, Beograd,
2006, p. 3
Comparative Analysis of the Four Model Laws on Private Security Sector
law prescribed police vetting (checking for criminal records) and testing of
psycho-physical abilities of security guards before issuing the work license.
The establishment of the Private Security Companies (PSC’s) is currently
regulated by the Company Law4 requiring no more than initial capital, an
office, a registered telephone line and at least one employee to establish
an agency.5 Bearing in mind that the law does not specifically refer to the
category of security companies, this means that a person may, e.g. register a
supermarket but nevertheless provide security services.
4
Zakon o preduzećima (Company Law), Offical Gazette of FRY, No. 29/96, 33/96 – corr.,
29/97, 59/98, 74/99, 9/2001 – and 36/2002
5
Apart from this term we will be using the terms like: firm and company
6
Nacrt zakona o privatnoj delatnosti obezbeđenja lica i imovine i detektivskoj delatnosti (Draft
Law on Private Security for the Protection of Persons and Property and Detective Work), LEX,
Belgrade, 2006, Art. 84
7
Pravilnik o vrstama usluga čijim pružanjem Ministarstvo unutrašnih poslova može da ostvaru-
je dopunska sredstva (Statute on the types of services through which the Ministry of Interior can
generate aditional resources), Offical Gazette of RS, No. 64/2006, 71/2007, 14/2008
Private Security Companies in Serbia – A Friend or a Foe?
second chapter in the paper, Control and Oversight of the Private Security
Sector.
All the models, apart form the one of the MoI, anticipate a time-
wise unlimited validity of licenses, revocable under specified conditions,
established through the monitoring of the agencies’ operations. The MoI
draft model, foresees the licence being issued for a limited time period: five
years for corporate body and three years for employees. Experience from
other countries8 tells us that it is better to limit the validly of the license to
a specific period of time, as that enables regular review of the work and
operating conditions of the companies concerned, and thus helps preserve
the standards set forth at the beginning of their operation.
Apart form the proposal by the MoI, it is also foreseen, that all security
activities in Serbia can be conducted by the foreign legal entity (e.g. company,
institution) and physical entity (e.g. an individual). This is a good solution, taking
into account that lately the work of these companies is acquiring transnational
dimension. Also, the foreign firm business on the domestic market would bring
competition, and therefore a better quality of the services at the lower price.
92 The operating standards could be improved by the developed market.
8
Belgium, Luxembourg, Netherland, Portugal… Dimitrijević Ivan (ed.): Uporedni prikaz za-
konodavstva industrije privatne bezbednosti u Evropskoj uniji (Comparative review of the EU
private security industry legislation), Klub studenata Fakulteta bezbednosti, Beograd, 2006.
9
Široko polje za pravo jačeg (Wide Leeway for the Right of Stronger), http://www.danas.
co.yu/20060825/terazije1.html, accessed: 30. 8. 2006.
Comparative Analysis of the Four Model Laws on Private Security Sector
All model laws specify the conditions for those willing to work for
private security agencies including appropriate professional qualifications,
completion of a professional advance training program, non-existence of
public order violations (record of convictions for offences involving violence),
citizenship of the Republic of Serbia and generally good health. Another
condition in the CCMR and the Association’s models is an active knowledge
of the Serbian language. This additional requirement ensures operability, but it
also prevents foreign competition and creates the conditions for discrimination.
This particular provision is at variance with the solution proposed in models
allowing foreign legal and physical persons to engage in security operations
in the country. Namely, that would hardly be feasible and this sphere of activity
would be reserved for domestic firms and citizens. In the absence of foreign
competition domestic agencies would find it easier to increase the prices
and reduce the quality of services they offer. Speaking of discrimination, the
question is also whether this clause complies with the constitution, i.e. the
relevant provision regulating the right to work10 prohibiting the discrimination
of national minorities11, and guaranteeing everyone the same rights. There is
also some doubt as to its compliance with the Labour Law’s ban on language- 93
based discrimination in employment.12
What we see in Serbia today is that policemen work for PSC’s when
off duty. They can do that under the Police Law which only prohibits police
officers to engage in independent private and professional activity.13 The
Law mentions nothing regarding whether they can conduct work with other
employer. Therefore, it would be appropriate to include another provision into
the new law prohibiting employers to take on personnel already hired by the
police. Concerning the professional army members, the Law on the Military
foresees that they can work for a fee and outside their units, ie. institutions,
and that they can independently conduct activities with the permission of Chief
of General Staff, and Minister of Defence.14 The action that would not be in line
with this regulation would present a disciplinary offence.15
10
Constitution of the Republic of Serbia, November 2006, Art. 60.
11
Ibid art. 76
12
Labour Law, Official Gazette of the Republic of Serbia, 24/05, Art. 18
13
The Police Law, Offical Gazette of RS, 101/05, Art. 133.
14
The Law on Military, Offical Gazette of FRY, Art 52
15
Ibid. Clause 149, Art 20, 21, 22
Private Security Companies in Serbia – A Friend or a Foe?
16
Similar legal practice is found in Germany where the background of people employed by
private security agencies is checked for criminal records. Op. cit.: Dimitrijević Ivan.
17
Criminal Code, Official Gazette of the Republic of Serbia, no. 85/2005, 88/2005 – corr. and
107/2005 – corr., Art. 19.
Comparative Analysis of the Four Model Laws on Private Security Sector
extreme neccessity18, under the Criminal Code and self-help19, under the Law
on Obligations. This foundation was kept also in the Draft put forward by the
MoI, but it is still not specified. The rest of model laws uphold the principle
of proportionality and legality in the application of all measures implying the
use of force and the restriction of the citizens’ human rights. These measures
must be applied in line with their legally established purpose so that no one
is submitted to torture, inhuman or degrading treatment. A security officer is
obliged to apply the measure which is the least damaging, while all license
holders must notify the police on the use of any of these measures within
24 hours. The purpose of this procedure is to look into the possible criminal
responsibility of security officers, i.e. their overstepping the bounds of self-
defence or extreme necessity. We consider that it is necessary for the principle
of proportionality to be included, as one of the guiding principles.
18
Ibid. art. 20
19
Zakon o obligacionim odnosima (Law on Obligations), Offical Gazette SFRJ, No. 29/78,
39/85, 45/89 – and 57/89 i Offical Gazette FRY, No. 31/93
20
Zakon o oružju i municiji (The Law on Arms and Ammunition), Offical Gazette RS, No.
9/92, 53/93, 67/93, 48/94, 44/98, 39/2003, 101/2005 – and 85/2005
21
According to the claims of a senior employee of a PTS firm, the procurement of automatic
rifles is legal because the same law that regulates hunting clubs applies also to security com-
panies.
Private Security Companies in Serbia – A Friend or a Foe?
Speaking of the use of technical means, first three models exclude the
possibility of secret video surveillance, which is an important advantage. They
all request that an area under video monitoring must prominently display a
warning to that effect. According to the CCMR model these recordings should
be kept in collections and destroyed after three months. This is a good solution
since it prevents unnecessary stockpiling of data as well as their abuse. Data
related to criminal offences which are prosecuted ex officio would be kept for
a year at the longest, probably so that they could be given in evidence. The
Draft proposed by the MoI foresees only for the security jobs to be carried
out in accordance with the regulations on the personal data protection, which
is also not a bad solution. Only problem is that the Law on the protection of
personal data exists only as a recommendation and is still to be adopted in the
Serbian Parliament.
The law must also regulate the relations between the public and private
security sectors. The above-mentioned models anticipate that license holders
may not conclude work contracts of carry out jobs which the police, military
Comparative Analysis of the Four Model Laws on Private Security Sector
police, security services or the judiciary are legally authorized to do. The
CCMR model quotes the prosecution of perpetrators of criminal offences, debt
collection, etc. as examples of such activities. It goes on to prohibit security
officers to work for domestic and foreign security-intelligence agencies. This
however, leaves them room to conclude contracts with other state institutions
and do other work such as escorting money transports for the National Bank
of Serbia.
In the end we can conclude that all the models are more or less
similar. Also, certain differences do exist, that directly or indirectly sustain
the understandings that creators of these models have on the privatisation
of security. The models created by the two non-governmental organisations
were done to smallest details. We can even say that certain regulations
included are superfluous, ie. certain regulations already exist in some other
legislations or need to be included into sub-legal acts, as they burden the
text of the legislation. However, this way of organising avoids the possibility
for the later regulation of the MoI to be in conflict with the law or for the
22
Records kept by license holders include: contracts on security services, information on crimi-
nal offences, detained persons, use of force and restraints, and the use of firearms.
Private Security Companies in Serbia – A Friend or a Foe?
The Draft proposed by the MoI has only 44 articles, and it contains
scarce formulations with number of aspects considered as implicit. This
method, although concise, creates the opportunity of different interpretations
and it opens the question in what way will that be specified in bylaws and
statute. Most of the articles are dedicated to exercising of control, licence
issuing and generally the relationship between the MoI and private security
sector. On the other hand, the Chamber, ie. the Association, is not mentioned
at all, nor the rights or the responsibilities are specified that the employed
have during the carrying out of the activity.
98 RECOMMENDATIONS:
1. If the MoI keeps the right to commercially (for profit) provide the
security services, then we suggest to adopt the solutions proposed
in the model laws of the Association and LEX which envisage that
issuing and revoking of the licence is to be under the jurisdiction
of the Association of Physical and Technical Security Companies
within the Serbian Chamber of Commerce. Other choice would be
for the MoI to have jurisdiction over issuing or revoking the licence
under the condition to end commercialisation activities of the police.
The latter is proposed in the models proposed by the MoI and the
CCMR.
3. The foreign legal entities (e.g. companies) and physical entities (e.g.
individuals) can provide security services under the condition that
there is reciprocity. Such solution is envisaged in the model laws put
forward by the CCMR, LEX and Association.
Comparative Analysis of the Four Model Laws on Private Security Sector
7. PSC should acquire at least the amount of weapons for one half of
the employees as suggested in the models proposed by the CCMR,
LEX and Association.
8. PSC should be obliged to keep the record on the use of fire arms
as it is recommended in the models proposed by the LEX and
Association.
12. Having in mind the fact that the private security sector is unique
business type if activity and that it should not be left to the
mechanisms of self-regulation on the open market, we sugest that
the Anti - Corruption Laws should be incorporate provisions about
prevention of corruption in private security sector.
100
Detectives
The LEX model law regulates the activities of detectives. Engagement
in these activities requires a license from a Detectives’ Chamber yet to
be established within the Chamber of Commerce. In order to obtain an
operating license, a person must meet specific requirements similar to
those applicable to PSC employees, including in particular that over the
past two years the detective did not perform “the tasks of authorized
officials” in the Ministry of the Interior, the Security Intelligence Agency
or another security service. This limitation is appropriate since it
prevents the use of knowledge acquired during previous employment
for commercial purposes. However its drawback is that it limits itself
only to the security jobs in the MoI. In practice that would mean that if
someone worked as an inspector has the right to engage in detective
activity even before the expiry of two year period. The advantage of
this model is also in the fact that it explicitly prohibits detective work
for political parties. According to this model, the most controversial
category of data private investigators are authorized to collect has
to do with the performance and business efficiency of legal persons.
These cases border on economic espionage and allow for abuses.
Furthermore, this gives the detectives large authorities with respect
Comparative Analysis of the Four Model Laws on Private Security Sector
Model Laws:
The first version of this paper was published in the Western Balkan Security
Observer, no. 4 , Centre for Civil Military Relations
23
Draft Law on Private Security of Persons and Property and Detective Work, LEX, Belgrade,
2006, art. 62
24
Law on Private Security Companies and Detective Work, Offical Gazette of Republic of
Serrska, no.50, 16. 8. 2002., art. 44
102
103
104
Private Security Companies in Serbia – A Friend or a Foe?
Ivan Dimitrijević 1
In the last thirty years the European Union has experienced substantial
expansion of the private security sector, in terms of increasing number of
companies for private security (PSC) and enhancement of the service quality
106 they are offering, as well as in terms of the growing number of employees. In
many member countries the number of employed is equal to the number of the
police, while in some countries that number has been exceeded. According to
some reports, there is one member of the private security company for every
500 citizens.2 When talking about the entire security system this represents the
capacity that cannot be neglected and during the 90’s the need to regulate this
sector has become visible. Most of the member countries at that time adopted
relevant laws that regulate this domain and this path was followed by the new
member states during the last two rounds of enlargements. The exceptions
are Austria, Germany and Cyprus that regulate private security sector through
other laws regulations, mainly in the domain of economy and industry. This
is also the case with Czech Republic which still hasn’t regulated this domain.
Apart from these countries other exceptions are Italy and Sweden, which have
in 1931 and 1973 introduced special laws for this domain, respectively.3
1
The author is fellow of the Belgrade School of Security Studies
2
Panoramic Overview of Security Industry in the 25 Member States of the European Union,
CoESS/UNI-Europa, 2004
3
Data use from: Panoramic Overview of Security Industry in the 25 Member States of the
European Union, CoESS/UNI-Europa, 2004
Overview of the Private Security Legislations in the Countries of EU
Legal Framework
In this country the security activities are more than just diverse and
involve the provision of medical services, transport of patients, traffic control,
providing assistance during fires and road traffic incidents, monitoring for
the Ministry of Defence, transport of money and valuables, alarm response,
neighbourhood monitoring, as well as providing services at the airports.6
According to some authors, Sweden is one of the countries that in qualitative 107
terms provide the best private security services in the world.7
Issuing the working licences for private security is most commonly the
responsibility of the Ministry of Interior, police (on all levels) or the Ministry of
Justice, with few exceptions (in Ireland and Great Britain separate institutions
4
Attention: de jure definition doesn’t exist
5
According to German Law, the private seucurity services involve: securing physical objects
and industrial complexes; securing of individuals, transport, military complexes, order at the
public meetings; securing nulear plants, airports, carrying out patrol activities and escort of
money and valuables.
6
A comparative overview of legislation governing the private security industry in the Euro-
pean Union, CoESS/UNI Europa, 2002. It is important to mention that Sweden is an excep-
tion only due to the wide range of services that were previously used under the jurisdiction of
public services and institutions. The transfer of duties from the public to the private sector is
characteristic of Scandinavian countries but to a lesser extent than it is in Sweden.
7
De Waard, Jaap, The Private Security Industry in an International Perspective, European
Journal on Criminal Policy and Research, vol 7, no 2, pp. 143–174, 1999, citirano u: A
comparative overview of legislation governing the private security industry in the European
Union, CoESS/UNI Europa, 2002
Private Security Companies in Serbia – A Friend or a Foe?
are formed for this purpose). In a small number of countries the licences are
issued by the Ministry of Labour, Ministry of Defence or local administrative
council. In all member states the work licences are compulsory and they are
issued for limited time period (usually from 3 to 5 years) with the possibility
of extension.8 In all the member states, apart from Italy, the companies are
facing certain requirements that first of all relate to responsibility (moral and
financial) and required infrastructure. Taking this into account, during the
issuing of working licenses, financial checks and professional qualifications
checks are performed to ensure appropriate training for job performance.
8
Data used from: Panoramic Overview of Security Industry in the 25 Member States of the
European Union, CoESS/UNI-Europa, 2004
9
Ibid.
Overview of the Private Security Legislations in the Countries of EU
Training
Uniforms/ID cards
109
The PSC personnel in most cases have to wear uniforms and ID cards
(although in some cases this is a matter of choice), that are issued to the
companies, individuals or both. In half of the member states the rules stipulate
that uniforms of the PSC personnel cannot be similar to police uniforms, so
they have to be first approved by responsible institutions. Similar praxis exists
during the issuing of identification cards, and it should be highlighted that in
almost all states ID cards have to be visible.
When it comes to the use of coercive means, it can be noted that the
most often used means, after those pertaining to the restriction of movement,
are non-lethal weapons and service dogs. In most countries it is necessary to
obtain a specific licence for the use of dogs; it is also required that a dog and
a dog handler are properly dressed. In Greece, the use of dogs is prohibited
in public space or public accessible places. The use of firearms is not allowed
10
Data used from: A comparative overview of legislation governing the private security
industry in the European Union, CoESS/UNI Europa, 2002
11
Ibid.
Private Security Companies in Serbia – A Friend or a Foe?
12
The data are obtained from Panoramic Overview of Security Industry in the 25 Member
States of the European Union, CoESS/UNI-Europa, 2004
13
Panoramic Overview of Security Industry in the 25 Member States of the European Union,
CoESS/UNI-Europa, 2004
Overview of the Private Security Legislations in the Countries of EU
Resume
14
A comparative overview of legislation governing the private security industry in the Euro-
pean Union, CoESS/UNI Europa, 2002
15
Data used from: Panoramic Overview of Security Industry in the 25 Member States of the
European Union, CoESS/UNI-Europa, 2004
112
113
114
115
116
117
118
119
120
121
Private Security Companies in Serbia – A Friend or a Foe?
Annex 1
Glossary
Annex 2
Initial questions about private security companies in
Serbia
6. Are you particularly active in any specific region in the country (major
124 town, area)?
13. Has the company taken over the personnel of former social firms
based on their privatisation or business deals with such firms?
16. Are there provisions for “business secret” in the employment contract
(a clause prohibiting new employment in the sector to outgoing staff
for a certain period of time)?
17. What are the conditions for employment in PSCs (military service,
previous service in the army, police or Security Intelligence Agency,
course in fire-fighting, no conviction certificate...)?
Data
26. Detective activity – what sort of data do you gather and what is the
legal basis for that activity?
- How?
Arms
33. What is the company policy for the use of arms and coercion?
34. Are the arms registered and to whom (company and/or private
owners)?
36. When not used, are the arms stored in company premises, or do
employees take them along home?
37. Is there any (general or special) training the company carries out or
arranges?
39. Do the employees have shooting range practice and if so how often?
44. Who does and who should carry out security screening of personnel?
46. Is there a work report, and if so, who has access to it?
Initial questions about private security companies in Serbia
Market
- Army
- Police
- Political parties
50. Are there any formal and/or informal links with these sectors
(exchange of information, cooperation with the police in securing
meetings, etc...)?
51. Political influence on the PSCs – how do you see the relation between
political parties and politics, and the PCS:
- Are there PCSs which provide services to a single political party and
are they the single provider of services to the party concerned?
52. Influence of crime on the PSCs: are there (or have there been) any
criminal groups in the private security sector?
59. What are the conditions for insurance of vehicles and personnel?
Trends
10. Which are the main difficulties and deficiencies interfering with the
efficiency of the Committee’s work and what would it take to improve
it?
Private Security Companies in Serbia – A Friend or a Foe?
Annex 3
List of Interviewees
Note: During the research the total of 18 oral and written interviews were carried
out. In order to ensure the maximum validity of our findings, we guaranteed
the company managers and employees interviewed anonymity in the use of
the data so collected, which is why their names will not be revealed here.
8. PRIZMA program - Lt. Col. Milković Dragan, head of the Serbian MoD
retraining Department
131
Private Security Companies in Serbia – A Friend or a Foe?
Annex 4
Existing Regulations Relevant for the Operation of PSCs
Laws
Bylaws
3. Daniel Burton-Rose and Wayne Madsen, “Corporate Soldiers - The U.S. 135
Government Privatizes the Use of Force”; http://multinationalmonitor.
org/mm1999/mm9903.07.html
11. Fred Schreier And Marina Caparini, “Privatising Security: Law, Practice
And Governance Of Private Military And Security Companies”,
Occasional Paper - №6, Geneva Centre For The Democratic Control
Of Armed Forces, Geneva, March 2005
15. Mandel, R, The Privatization of Security, Armed Forces & Society, vol.
28, 2002, pg. 129-151.
16. Michael Page, Simon Rynn, Zack Taylor and David Wood, SALW and
Private Security Companies in South Eastern Europe: a cause or
effect of insecurity?, SEESAC, 2005.
17. P.W. Singer, “Corporate Warriors: The Rise and Ramifications of the
Privatized Military Industry”, International Security, Vol. 26, No. 3,
Winter 2001/2002
18. Timothy Frye, Private Protection in Russia and Poland, JSTOR. 46:
572-584, 2002
19. Zachary Taylor (ed.), Living with the Legacy: SALW Survey Republic
of Serbia, SEESAC, 2005
Bibliography and List of Useful Sources
Conflict context
Post-conflict context
Legal aspects
138
1. Andrew D. Fallon, “Closing the legal loophole? Practical implications
of the Military Extraterritorial Jurisdiction Act of 2000 - civilians
accompanying the ArmedForces”, Air Force Law Review, Spring,
2001
13. “Hc 577 Private Military Companies: Options For Regulation 2001-
02”, Foreign And Commonwealth Office, Isbn 0 10 291415 X, London:
The Stationery Office, February 2002
16. Laura Dickinson, “Government for Hire: Privatizing Foreign Affairs and
the Problem of Accountability under International Law”, University of
Connecticut School of Law Working Paper Series, Year 2005, Paper
53, University of Connecticut School of Law, 2005; http://lsr.nellco.
org/uconn/ucwps/papers/53
Private Security Companies in Serbia – A Friend or a Foe?
17. Major Michael E. Guillory, “Civilianizing the force: is the United States
crossing the Rubicon? - role of civilians under the laws of armed
conflict”, U.S. Air Force Academy, Department of Law, Gale Group,
2004.
21. „Draft Law on Private Security of Persons and Property and Detective
Work“, LEX, Belgrade, 2006.
24. P.W. SINGER, “War, Profits, and the Vacuum of Law: Privatized Military
Firms and International Law”, Columbia journal of transnational law,
42:521
27. “Q&A: Private Military Contractors and the Law”, Human Rights
Watch; http://hrw.org/english/docs/2004/05/05/iraq8547_txt.htm
UK
EU
1. “A comparative overview of legislation governing the private security
industry in the European Union”, CoESS/UNI Europa, 2002. www.
coess.org
Private Security Companies in Serbia – A Friend or a Foe?
142
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Народна библиотека Србије, Београд
351.749 (497.11)
ISBN 978-86-83543-51-9
1. Unijat, Jelena [аутор]
a) Приватна служба безбедности –
Истраживање – Србија
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