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MIMBAR HUKUM Volume 26, Nomor 3, Oktober 2014, Halaman 472-489
a. prosecutions or any activities within
the jurisdiction of the Department of Justice or the PNTL;
b. activities that may threaten, prohibit,
or restrict fundamental guarantees and rights; and
c. security services for assets, activities,
or persons that may be involved in illegal or criminal activities.
Article 6 also prohibits PSC owners, managers, or employees with fraud-related criminal records
being involved in company activities, especially operational activities.
36
The Instruction requires PSCs to be registered with the State Secretariat of Security. The nature and
range of documentation and information required to obtain registration is comprehensive. It includes
a provisional license for company and business activities; company address and list of assets;
company statute, articles of association or charter; names of company owners and managers, as well
as employees and their ranks or positions; design of the company uniform; certiication that the PSC
is not indebted to the State; copy of the company employee identiication card; and company history
and security services.
37
While conducting security services, PSC employees must be in uniform and
carry the identiication card,and are prohibited from using irearms.
38
Article 10 of the Instruction requires PSCs and their employees to provide assistance to, and
cooperate with, public oficials and authorities,
39
and to place themselves under the latters’ command if involved in operational locations.
40
But all PSC personnel must also ensure that they distinguish
themselves and their activities from public oficials to avoid confusion by the public.
41
PSCs and their personnel must keep information relating to their
profession conidential, and ensure that it is only disclosed pursuant to the Penal Code and judicial
process.
42
For monitoring purposes, the Instruction provides that PSCs and their activities in Timor-
Leste fall under the jurisdiction of the Dirasaun Nasional Seguransa Publik DNSEP Directorate for
the National Management of Public Buildings, a department within the State Secretariat of Security.
This body is charged with the responsibility of ensuring that PSCs conduct their activities according
to the 2010 Instruction, and of maintaining records of those activities and all PSC owners, managers,
and personnel.
43
6. Deiciencies of 2010 Instruction
However, the Instruction has some fundamental deiciencies, since it does not address
a number of issues key to PSC operation and supervision, such as:
a. Standard Personnel Recruitment
Requirements
The Instruction does not make any speciic provision relating to standard
requirements for PSC personnel, including training, for registration
purposes. Accordingly, requirements differ widely amongst local PSCs. For
example, the PSC APAC reportedly requires their personnel to be “over
18 years old, free of communicable diseases, in good physical condition,
have completed secondary school, possess basic reading and writing
skills, and be luent in Tetum andor Indonesian”.
44
Maubere Security, on
36
Ibid., Article 6.
37
Ibid., Article 4.
38
Ibid., Article 8 and 9.
39
Ibid., Article 10 1. Article 10 of the 2010 Instruction can be used in conjunction with the National Parliament Law No. 4 of 2010: Law of Internal Security, Article 7 1, since both oblige PSCs and their personnel as Timor-Leste nationalscitizens to collaborate with and support
the Timor-Leste Authority to ensure the internal security, peace, and stability of Timor-Leste.
40
Ibid., Article 10 2.
41
Ibid., Article 10 4.
42
Ibid., Article 10 5 and 6.
43
Ibid., Article 11 – 13.
44
Marc von Boemcken, “Brief 45, Commercial Security and Development: Findings from Timor-Leste, Liberia and Peru”, Bonn International Center for Conversion,p. 24, http:www.bicc.deuploadstx_bicctoolsbrief45.pdf, accessed on 30 June 2014.
481
Soares and Price, Regulating Private Security Companies PSCs and Private Military Companies PMCs
the other hand, reportedly requires their personnel to “have completed
senior high school, be at last 160 cm tall and have some basic knowledge of
Portuguese and English”.
45
Maubere also requires personnel undertake
”one month’s training, which includes the improvement of foreign language
skills as well as the basics of customer relations and guarding activities - to be
regularly refreshed”.
46
b. Restrictions on A filiation with
Certain Political Parties, Organi sations, or Groups
Provisions prohibiting PSC afiliation with certain political parties, organi-
sations, or groups is very impor- tant because of the existence of
organisations and groups with hetero- geneous backgrounds, in particular
political backgrounds, amongst the Timor-Leste population. The
Instruction does not make any provision or prohibition in respect of
PSC involvement with political parties or other organisations whose intentions
or activities may be directed towards a destabilisation of the present political,
economic or social order. Hence there is no requirement for PSCs to remain
neutral and independent without any
afiliation to political organisations or groups.
c. Prohibitions on MercenaryRelated
