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
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