A/HRC/30/34
Selection and training of private military and security company personnel
25.
Swiss law includes the most references to human rights-related standards. It requires
companies to train their personnel in applicable national and international law, including on
fundamental rights, except when no such company is available, stipulating a maximum of
six months for such contracts.
26.
The laws of France, Hungary and the United Kingdom make no reference to human
rights training.
Permitted and prohibited activities
27.
French law emphasizes that the only activities to be carried out by security providers
must be the guarding and protection of persons and property or goods and the provision of
protection to transport funds, jewels and precious metals.14 Private security companies are
obliged to clearly indicate the private nature of their work in order to avoid confusion with
public security entities such as of the police. Similarly, in the Hungarian legislation it is
noted that those involved in private security activities have no public authority powers,
must use a uniform, cannot use the titles and insignia of the authorities and cannot prevent
the authorities from carrying out their activities. The relevant law in the United Kingdom
does not contain a list of prohibited activities but notes that it is an offence to engage in
conduct for which a licence is required.15
28.
Swiss law clearly prohibits direct participation in hostilities in an armed conflict
abroad, including through the hiring, training and provision of security personnel for direct
participation in hostilities abroad or the establishment, management or control of a
company in Switzerland involved in such activities.16 United Kingdom law does not define
what military or security activity can be outsourced to private companies, but there is an
understanding that military activity in situations of armed conflict can be delivered only by
military personnel under the command of a commissioned officer.17 Hungarian legislation
does not rule on the direct participation of company personnel in hostilities, but its
provisions are not applicable to members of the armed forces and State law enforcement
agencies.18 French law contains no provisions on the direct participation of private military
and security company personnel in hostilities.
29.
In terms of the participation of law enforcement agents in the activities of private
military and security companies, in France, as a general rule, no former police or military
personnel can take up positions in such companies.19 In Hungary, the law emphasizes that
staff members of the police and civil national security services performing official duties,
and individuals who are not staff but contribute to related official duties, cannot be
members or managers of companies providing private security services. Swiss and United
Kingdom laws contain no provisions on this question.
14
15
16
17
18
19
Law No. 83-629, arts. 1, 2 and 21.
Private Security Industry Act of 2001, art. 3 (1).
Federal Act on Private Security Services Provided Abroad of 2013, art. 8.
See A/HRC/22/41, para. 53, and the response of the Government of the United Kingdom to the
Working Group’s request for national legislation and regulations on private military and security
companies.
Act CXXXIII of 2005, art. 2.
Law No. 83-629, art. 9.
7
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