A/HRC/45/9/Add.1
Private military and security companies in Switzerland
98.
Adopt a unified regulatory framework to set minimum standards for private
security companies applicable in all cantons of the Confederation. This should
contain: (a) a clear definition of the private security activities falling within the scope
of the regulation; (b) clear delineation of the competencies of police and private
security respectively; (c) thorough background checks conducted by police or the
appropriate cantonal authority on all private security employees, going beyond simple
checks on criminal records; (d) standardized training, including on human rights; (e)
restrictions regarding the use of force by private security personnel; (f) a requirement
to be distinguished by uniform and insignia; and (g) a greater oversight function for
the State on actions by private security.
99.
In the period before a unified regulation is adopted, cantonal authorities should
consider ways to enforce minimum standards on private security companies, notably
in terms of vetting, training, monitoring and oversight.
100. Encourage public authorities at all levels of government to integrate stricter
requirements into contracts with private security providers in relation to human
rights standards, including the principle of non-discrimination, gender issues, vetting,
and monitoring of contractual obligations.
101. In federal asylum facilities, continue limiting the use of force, and limiting the
role of private security providers to non-decision-making tasks. The presence of
female security guards in federal asylum centres should be maintained commensurate
with the number of women and families present in a facility.
102. The Working Group invites private security companies and related industry
associations to work towards raising standards, not only to ensure high professional
standards integrating human rights elements but also to maintain competitiveness in a
sector where good conduct and reputation play an important role. Tools to be
explored in this respect include the development of complaints procedures, codes of
conducts and self-regulatory mechanisms.
Mercenaries and mercenary-related activities
103. Continue to ensure complementarity between legal instruments that touch on
mercenarism and mercenary-related activities, and in their implementation, and
consider how best to use the international normative framework on mercenaries,
including the International Convention against the Recruitment, Use, Financing and
Training of Mercenaries, to this effect.
104. Monitor the situation of Swiss citizens detained, prosecuted or sentenced
abroad for terrorism-related offences, and seek their extradition in contexts where
there are credible concerns that their rights to, inter alia, freedom from torture and a
fair trial may be violated.
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