A Critical Intersection: Private Security Companies, Gender-based Violence, and the Arms Trade

By Natasa Loizou

The globalization and expansion of the private security industry has led to concerns about whether the industry has adequate safeguards to prevent sexual and gender-based violence (SGBV), and other human rights abuses, by its personnel. Private security companies (PSCs) play a significant role in international security, due to the diverse range of services they provide, from the provision of private security to the manufacture, import, export, and brokering of arms. The estimated value of the industry in 2023 — around USD 235 billion — reflects its expansion into the international market, and is projected to reach USD 385 billion by the end of 2032. Private security personnel are estimated to outnumber police forces in many countries, with over 20 million individuals employed in the sector worldwide.

The industry’s rapid growth over the past 25 years has exposed critical regulatory gaps concerning arms and ammunition exports, transfers, and management, particularly when it comes to humanitarian and human rights violations such as SGBV. Armed private security personnel have been implicated in multiple incidents of SGBV in settings ranging from conflict zones to commercial enterprises, thereby presenting risks to women, children, and other vulnerable groups.¹ These violent incidents² often occur in regions with weak legal frameworks, where control and accountability mechanisms, particularly those governing the use of firearms, are either absent or ineffective. Demand for private security may also be strongest in these types of settings — as is the case in parts of Latin America — given the shortcomings of public security providers. Nonetheless, the failure to systematically subcategorize crime statistics on SGBV to identify how many perpetrators work for PSCs is an obstacle to countries’ understanding of this issue, and to the development of rules and policies that can mitigate the risks, regulate the industry, and prevent violence. In the case of Argentina, the National Registry of Femicides produced annually by the Office of Women of the Supreme Corte of Justice has registered the number of femicides perpetrated by private and public security personnel in the country in 2021–23 (see Table 1).

Table 1 Number of femicides perpetrated by private and public security personnel in Argentina, 2021–23

Note: * The figures in this table are based on total number of femicides perpetrated by security personnel (public and private sector). Links to data for 2021, 2022, and 2023.

The low number of SGBV cases of this nature recorded is a problem because it distorts both national statistics and the overall perception of gender-based violence in the country, a sentiment that is shared by the Supreme Court. In addition, national regulations on private security provision are outdated and lack an integrated gender perspective, which prevents national regulators from generating accurate statistics, mappings, or qualitative analyses of SGBV cases committed by private security agents against civilians. SGBV perpetrated by private security personnel is often under-reported due to fear of retaliation, lack of trust in the justice system, or social and professional stigma. When reported, the lack of regulation of the private security industry can lead to impunity for the perpetrators, as well as the company they work for.

State intervention to address sexual and gender-based violence by private security actors

Past events have highlighted the need to prevent and respond to SGBV by private security actors in three different contexts. Firstly, within PSCs, there have been cases of gender-based discrimination and harassment, which may be partly attributable to working cultures that favour masculine identities over feminine ones. Secondly, studies suggest that arming private security guards may increase the risk of them committing domestic violence and femicide against their own family members. Thirdly, PSCs have committed acts of SGBV against members of the local community where they work. In cases where PSCs have a mandate to respond to SGBV or to protect survivors, it is particularly important to take steps to prevent re-victimization by private security agents.

The risk of PSC personnel committing SGBV in these different contexts is especially high if legally mandated obligations to perform appropriate professional evaluations, psychological assessments, and the vetting of legal records during recruitment are lacking, as well as gender sensitive training for the private security sector. The absence of appropriate controls to prevent private security personnel with no proper training from accessing, using, and carrying firearms can have violent consequences.³

To mitigate the risks of SGBV associated with the private security sector, it is essential to integrate gender-based violence-prevention measures within frameworks that regulate firearms used by the private security sector. The following recommendations suggest progressive steps for states and private actors to consider:

1. Assessing the implementation of the UN Guiding Principles on Business and Human Rights: States should promote regulations and procedures for arms export licensing officers to evaluate whether the UN Guiding Principles are being implemented in countries importing firearms destined for PSCs. This assessment could include:

a. The integration of a gender perspective: Steps should be taken to verify that national regulations and controls on PSCs incorporate provisions to prevent and mitigate the risk of SGBV and violence against women and children.

b. Vetting processes: Steps should be taken to verify that the importing state has a national registry of PSCs and personnel, which includes mechanisms for vetting companies and individuals with previous charges or convictions for human rights violations and/or SGBV, as well as any professional sanctions for abuse, harassment, or other irregularities.

2. Collecting and analysing disaggregated data: States should consider promoting the recollection of additional disaggregated data on SGBV to ascertain whether the perpetrator was a private security personnel, whether a firearm was present, and whether the firearm belonged to a PSC. It is vital to collect and analyse data regarding the registry of PSCs, their personnel, and the service firearms and ammunition registered to the company, as well as the agents to whom they are assigned. This data is crucial for developing targeted interventions.

3. Strengthening state oversight mechanisms: Effective oversight mechanisms should be established to monitor and address claims of SGBV and violence against women and children committed by private security personnel. These mechanisms should be accessible to victims to ensure that complaints are taken seriously and acted upon promptly, and that they receive essential assistance from public organizations.

4. Implementing gender-responsive legislation: States should ensure that their legislation regulating PSCs includes safeguards to prevent SGBV. Key measures should include:

a. Vetting and sanctions: Mechanisms should be in place to prevent individuals with legal records of SGBV, or any other abuse or harassment claim or professional irregularities, from working in the private security sector. Sanctions should be applied in such cases and should be combined with thorough vetting processes, for both personnel and companies.

b. Firearm confiscation: Legislation should allow national authorities to confiscate personal firearms from private security personnel suspected of committing SGBV or violence against children. This legislation should also apply to service firearms in the case of violations committed by the company.

c. Firearms registry and safe storage: Arms owned by PSCs and assigned to private security personnel should be properly registered, managed responsibly, and safely stored when personnel are off duty to prevent misuse. Company registries should be controlled and inspected regularly by national authorities.

5. Ensuring accountability and access to remedies: Victims of SGBV committed by armed private security personnel must have access to effective state assistance, including justice, reparations, and gender-responsive support services. States should ensure that legal frameworks provide for the accountability of both the individual perpetrators and the PSCs that employ them. In addition, companies must be obliged to strengthen SGBV prevention measures, such as training, addressing discriminatory gender norms, and updating regulations; they should also offer psychological assistance to any personnel who are victims of SGBV, as well as guidance to perpetrators while they are sanctioned.

Promoting responsible business conduct in the private security sector

The international community has recognized the need to promote responsible business conduct within the private security sector. The 9th Conference of States Parties to the Arms Trade Treaty (ATT) placed a strong emphasis on engaging the private sector in efforts to mitigate risks related to GBV and violence against women and children (VAWC). Among the good practices identified in the Montreux Document on Private Military and Security Companies are vetting for sexual offences, training on gender and cultural issues, and preventing unlawful discrimination among its good practices. This effort is reinforced by provisions in the International Code of Conduct for Private Security Providers aimed at mitigating the risk of sexual exploitation and abuse; GBV; and other violations of human rights and international humanitarian law by PSCs, their personnel, and subcontractors, worldwide. Below are some additional recommendations on how to engage with the PSC industry to develop responsible business conduct:

1. Industry compliance with national and international standards: PSCs must comply with national control systems to implement international standards, such as the ATT, in order to conduct responsible arms transfers. This includes:

a. Risk assessments: Thorough risk assessments should be conducted that take into consideration the potential for SGBV and violence against women and children.

b. Gender-responsive policies: Policies should be developed and implemented that specifically address the prevention of SGBV and VAWC within the company’s operations.

2. Strengthening international cooperation: PSCs can support states in international cooperation efforts by using established platforms to exchange best practices and contributing to the development of guidelines, norms, procedures and requirements, official documents, reports and record-keeping, policies and plans, and information for the prevention of SGBV and VAWC. These platforms should serve as links between international and regional forums, and should feed into the preparation of national, regional, and international instruments that engage both states and PSCs. Existing platforms include the Montreux Document Forum and the International Code of Conduct Association (ICoCA), which emphasize the importance of human rights and gender considerations in the provision of private security services. States with fragile or limited control systems should have access to international cooperation and assistance, including opportunities to draw from international good practices, which would enable them to strengthen their national systems and compliance with regulations and acquire the capacity to control and monitor the private sector.

The way forward

The intersection of the private security industry, SGBV, and the arms trade requires urgent and coordinated public–private action. The recommendations outlined above provide a basis for states and PSCs to work together in preventing SGBV and ensuring that the expansion of the private security sector does not come at the expense of human rights and gender equality.

The integration of a gender perspective into regulatory frameworks, both at the national and international levels, is crucial for creating a safer and more just world. The private security industry must be held accountable for its role in preventing SGBV, while states must take proactive steps to ensure that these risks are adequately addressed through robust legislation, oversight, and international cooperation.

(1)^ See also General Assembly, Right of peoples to self-determination, A/77/268, (2022) “Report of the Working Group on the use of mercenaries as means of violating human rights and impeding the exercise of the right of peoples to self-determination”, https://documents.un.org/doc/undoc/gen/n22/451/45/pdf/n2245145.pdf, pg.17, par. F

(2)^ See also: https://elbuho.pe/2020/04/feminicidio-recluyen-a-vigilante-que-mato-a-joven-madre-en-cuarentena/

https://www.clarin.com/sociedad/empresa-debera-indemnizar-mujer-acosada-sexualmente_0_HyddwDgCYx.html

https://larepublica.pe/sociedad/2020/03/29/acoso-sexual-detienen-a-vigilante-de-metro-que-grabo-indebidamente-a-mujeres-en-sjl

https://elbuho.pe/2020/04/feminicidio-recluyen-a-vigilante-que-mato-a-joven-madre-en-cuarentena/

(3)^ See also Kassie McClung, The Frontier (2016) “CLEET database of security guard disciplinary records”, https://www.readfrontier.org/stories/cleet-database-2/

This blog post was produced within the framework of the Gender and Small Arms Project, which is co-financed by Germany and Switzerland.

Blog posts are intended as a way for various Small Arms Survey collaborators and researchers to discuss small arms- and armed violence-related issues, and do not necessarily reflect the views of either the Small Arms Survey or its donors.