A/HRC/41/35 belonging to more than one of these categories. Co-regulatory governance that involves meaningful participation from State, business and civil society actors may provide a blueprint for human rights accountability in the private surveillance industry. In particular, co-regulatory initiatives developed to instil accountability and oversight among companies in the private security industry is instructive. Like private surveillance companies, the risks that private security companies assume are connected to their inherent involvement with State functions, particularly in the area of national security. Therefore, the co-regulation of private security companies requires efforts to educate companies about human rights concerns and creates incentives for multi-stakeholder participation (certification based on civil society-inclusive audit and monitoring processes), which may transfer well to the private surveillance industry. 62. Two aspects of the regulatory environment of private security companies are worth considering in the context of private surveillance companies. The Montreux Document on pertinent international legal obligations and good practices for States related to operations of private military and security companies during armed conflict outlines recommendations for good State practices in such situations. 74 Although non-binding, it contains existing international law obligations for private security companies, as well as recommendations in the form of best practices for contracting States, territorial States and home States. Its principles of public disclosure and due diligence predate and mirror responsibilities found in the Guiding Principles. 63. The International Code of Conduct for Private Security Service Providers may also be an appropriate model. Established with the support of civil society, private industry and the Government of Switzerland, it is one of the few approaches that involves the participation of private security companies. The International Code of Conduct for Private Security Service Providers’ Association is a multi-stakeholder initiative involving representatives from States, private security companies and civil society organizations. The non-binding Code is intended to supplement monitoring and oversight, articulating the international law obligations of companies and creating the structure of a framework for accountability to the Association. The Association consists of a general assembly, in which the stakeholder groups are represented, and a board of directors, which has 12 elected members who are representative of the three groups of stakeholders. Notably, company membership is contingent on compliance with the Code, including the Association’s certification, auditing and verification processes. 64. As stated in the articles of association, the key idea of the Code is to promote the responsible use of private security services, as well as respect for international human rights law. The Code itself outlines both the general commitments of States and private security companies and other private security service providers, and specific principles for conduct in areas including: use of force, detention, apprehending persons, torture and other punishments, gender-based violence, human trafficking, slavery and forced labour, discrimination, and identification and registration of private security personnel. 75 F. New focus in the United Nations on surveillance practices 65. The Human Rights Council has created, to real benefit, several working groups with mandates to address key themes on implementation of international human rights norms. The Council or its special procedures may consider a new mechanism to provide the kind of attention to specific cases that individual mandate holders may be unable to sustain and evaluate. A new working group, a cross-mandate task force, or a mandated plan of action could devote specific attention to claims that national surveillance practices – which touch 74 75 See Switzerland, Federal Department of Foreign Affairs, and the International Committee of the Red Cross, “The Montreux Document on pertinent international legal obligations and good practices for States related to operations of private military and security companies during armed conflict” (Berne, 2008). See also Sarah McKune submission, p. 10. 19