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Learning Lab Workshop: Protecting Human Rights through PSIRA ’ s Code of Conduct. Margaret Gichanga : Research and Development Unit Margaret.GICHANGA@psira.co.za. 13 November 2017. Scope. Introduction PSIRA ’ s Mandate Protecting Human Rights: PSIRA ’ s Code of Conduct
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Learning Lab Workshop: Protecting Human Rights through PSIRA’s Code of Conduct Margaret Gichanga: Research and Development Unit Margaret.GICHANGA@psira.co.za 13 November 2017
Scope • Introduction • PSIRA’s Mandate • Protecting Human Rights: PSIRA’s Code of Conduct • The Guiding Principles on Business and Human Rights
PSiRA’s Mandate • The Private Security Industry Regulatory Authority (PSiRA) was established in 2002 in terms of Section 2 of the Private Security Industry Regulation Act (Act No. 56 of 2001). • PSiRA: regulate the private security industry in the public and national interest and in the interest of the private security industry • Promote the protection and enforcement of the rights of actors in the private security industry
Regulation through a process of active monitoring and investigation • Compliance approach and enforcement or deterrence approach • Guidance and persuasion vs sanction and punishment • 2016/17 FY regulations were amended increasing the fine that can be imposed from R10 000 per count to R1 million
Protecting Human Rights: PSIRA’s Code of Conduct • A security service provider may not infringe any right of a person as provided for in the Bill of Rights • Use of force and functions in public • A security service provider only to deploy those who are registered and trained • A security service provider must protect the rights and legally recognised interests of a client in a reasonable manner
Employers may not abuse or exploit the employee • A security service provider must draw up and enforce a disciplinary code • Penalties in respect of improper conduct by a security service provider
The Guiding Principles (a) States’ existing obligations to respect, protect and fulfil human rights and fundamental freedoms; (b) The role of business enterprises required to comply with all applicable laws and to respect human rights; (c) The need for rights and obligations to be matched to appropriate and effective remedies when breached
Thank You! Research and Development