A/HRC/42/42 67. States should utilize the tools at their disposal fully (see para. 40 above) in relation to security arrangements in the extractive industry, by building in human rights guarantees into their concession agreements, memoranda of understanding and other similar documents with extractive companies, and increase their capacity to monitor private military and security sector actions, including when private military and security companies are operating in remote locations. 68. With a view to increasing transparency, States should make public the agreements that they enter into with extractive companies, including those with a bearing on the provision of security services. Such agreements should clearly demarcate the respective roles and spheres of action for different security providers operating in and around the extractive site. 69. States should ensure that private military and security company personnel who have committed human rights abuses are brought to justice, and that victims are afforded effective remedies. B. Extractive companies 70. Extractive companies should make public information regarding security arrangements in their operations. This should include key aspects of contractual agreements with private military and security companies, memoranda of understanding with State security forces, and rules and procedures guiding in-house security, and should publicize agreements and rules on the use of force by security providers. They should also issue periodic reports, including detailed information regarding the number and nature of complaints, the alleged involvement of security providers, and how complaints have been addressed. Investigation policies and procedures should also be publicly available. 71. Extractive companies should include human rights-related clauses and conditions in their calls for tenders and contracts with private military and security companies, notably with regard to expectations of professional and human rightscompliant conduct by private military and security personnel. This should include detailed rules on the use of force, the frequency and content of human rights training, expectations regarding vetting of employees, reporting on security incidents, appropriate coordination with State security forces, specific standards and certification required by private military and security companies, and restrictions and requirements for subcontracting security services. C. Private military and security companies 72. Private military and security companies should make public the codes of conduct they expect their personnel to respect, and be transparent about the activities they carry out while working for the extractive company. To facilitate identification of their personnel, such companies should ensure that their employees wear a uniform or insignia that makes them distinguishable from other security providers operating in the same area. 73. Private military and security companies should ensure that their employees respect human rights and international humanitarian law, as applicable. To enable them to do so, all employees should have adequate and continuous training on human rights and international humanitarian law. Such companies should conduct extensive background searches on their employees to ensure they have not been involved in misconduct during previous assignments. They should also consider how their regular security activities may be used by other actors who commit human rights violations and abuses, and take steps to mitigate the risks of becoming complicit in those violations and abuses. 74. Private military and security companies should only respond to public and transparent calls for tenders issued by extractive companies. They should also publicly and periodically report on security incidents, including those in which their personnel 18

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