A/HRC/30/47
ability of the United States Government to pursue and obtain justice in cases of violent
crimes committed by contractors.
19.
South Africa referred to the Regulation of Foreign Military Assistance Act No. 15 of
1998, which regulated “the rendering of foreign military assistance by South African
juristic persons, citizens, persons permanently resident within the Republic and foreign
citizens rendering such assistance from within the borders” of South Africa. It added that
while law enforcement agencies had consistently sought to look into those activities, they
had not often been successful in the light of the non-cooperation of countries where the
activities had taken place, which were often those countries involved in the Montreux
Document and International Code of Conduct processes.
20.
Norway referred to the 2001 Act on private security companies operating on
Norwegian territory, which had been subject to substantive changes in 2011. The purpose
of the Act was to ensure the rights of individuals who were handled by representatives of
private security companies; a high quality of services; sufficient control and oversight over
such businesses; and that they only operate within the parameters of the Act itself. Norway
became a member of International Code of Conduct Association in early 2014 and believed
that it could be significant in ensuring that private security companies in complex
environments respected international law and in improving oversight and accountability.
21.
The European Union recalled its view that private military companies and private
security companies should be addressed separately, given their very broad and diverse
range of activities. With regard to accountability and access to remedies, the European
Union recalled the existing solid provisions in the “Brussels I” regulation, as revised. The
European Union noted that States and international organizations, as clients, could enhance
standards in the operations of companies. It stated that the European Union and its member
States were determined to further consider how best to make use of the International Code
of Conduct, including in their procurement processes. It added that much had been done by
the European Union and others to implement the Guiding Principles on Business and
Human Rights, as they were instrumental in preventing and remedying abuses across
sectors, including by private military companies and private security companies.
22.
Australia noted that it was a signatory to the Montreux Document, was an active
member of the International Code of Conduct Association and had participated in the
development of new standards. The Department of Foreign Affairs and Trade required that
private military and security companies be signatories to the Code and comply with
relevant provisions of the Montreux Document in order to provide ad hoc services. Any
international regulatory framework should focus on strengthening compliance with existing
international law and on ensuring accountability. A multifaceted approach encompassing
national legislation and international cooperation was the most effective response.
23.
The United Kingdom of Great Britain and Northern Ireland referred to its Security
Industry Authority, set up under the Private Security Industry Act 2001, which was
responsible for regulating the private security industry by, inter alia, operating a licensing
regime for individual security operatives and a voluntary approvals scheme for security
businesses. Furthermore, the International Criminal Court Act 2001 provided jurisdiction to
prosecute certain crimes committed by British nationals in or outside the United Kingdom.
The Department of Transport also issued interim guidance to United Kingdom flagged
ships on the use of armed guards to defend against the threat of piracy in exceptional
circumstances. The United Kingdom Accreditation Service accredited auditors for
professional standards, and was a signatory to the International Accreditation Forum
Multilateral Agreement.
24.
Switzerland referred to its new federal law on private security companies, which had
been adopted in September 2013 and was expected to come into force in September 2015.
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