A/HRC/30/47
step, any regulatory gaps in areas such as accountability, remedies, licensing and oversight
should be filled through an international legally binding instrument that would complement
existing initiatives.
D.
General discussion
15.
Some delegations provided an update on the Montreux Document and the
International Code of Conduct Association processes. The Montreux Document, which has
been signed by 52 States and three international organizations, applies to companies
operating during armed conflicts and recalls the existing obligations of States under
international humanitarian law in situations of armed conflict. The Montreux Document
Forum was formally launched on 16 December 2014. Some delegations questioned the
effectiveness of the Montreux Document and referred to concerns expressed in Progress
and Opportunities, Five Years On: Challenges and Recommendations for Montreux
Document Endorsing States.6
16.
Some delegations also noted recent developments regarding the International Code
of Conduct Association, which had held its first annual plenary in December 2014. Some
delegations noted that the International Code of Conduct was aligned with the Guiding
Principles on Business and Human Rights, and that the Association was not purely a selfregulation body, as its board was composed of States, companies and civil society. Some
delegations said that the Association could develop oversight mechanisms on certification,
monitoring and compliance. In the view of some delegations, the complementarity of the
Montreux Document and the International Code of Conduct, in addition to domestic
legislation, confirmed that there was no legal vacuum.
17.
Some delegations also referred to the International Organization for Standardization
(ISO) and its new Management System for Private Security Operations: Requirements with
Guidance (ISO 18788),7 which was expected to be released in June 2015 and which
incorporated relevant elements of the Guiding Principles on Business and Human Rights.
The new standard was a development from the Management System for Quality of Private
Security Company Operations: Requirements with Guidance (ANSI/ASIS PSC.1-2012).
One delegation referred to the OHCHR-led project to improve access to remedy for victims
of business-related human rights abuses, which had the potential to identify effective ways
to progress on access to remedies.
Developments at the national level
18.
The United States of America highlighted that the Department of State required that
companies bidding on its worldwide protective services programme must have membership
in good standing in the International Code of Conduct Association and confirmed
compliance with PSC 1-2012. It also referred to possible criminal charges under the False
Claims Act for those private security companies which falsely stated that they were in
compliance with the required standard. The delegation further referred to the Department of
Defense’s work with the International Institute of Humanitarian Law and the United
Nations Office on Drugs and Crime on separate initiatives to assist States in the
development of rules on the use of force by private military and security companies in
support of provisions in the Montreux Document. The delegation also noted the recent
convictions of four Blackwater contractors, which demonstrated the commitment and
6
7
6
Available from www.dcaf.ch/Publications/Progress-and-Opportunities-Five-Years-On-Challengesand-Recommendations-for-Montreux-Document-Endorsing-States.
Available from www.iso.org/iso/home/store/catalogue_tc/catalogue_detail.htm?csnumber=63380.
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