A/HRC/45/9/Add.1
groups, for instance in Ghana, Myanmar, Nigeria and Peru, and supported outreach to thirdcountry companies to join the initiative. 14
30.
One Swiss-based extractive company told the Working Group about its efforts to
implement the Voluntary Principles in its mining operations and the challenges it had
encountered. For example, in one country, the company provided training to security
providers due to the lack of skilled and qualified workers. The company also emphasized
that it tried to tailor security approaches to local contexts, and noted that, from its
perspective, the conduct of public security forces was often more problematic than that of
private security providers over whom, it argued, the company had greater control through
contractual clauses and requirements. That said, public security forces were, at least in
theory, subject to greater public scrutiny.
31.
Overall, while several stakeholders recognized the practical framework that the
Voluntary Principles provided and the useful tools that had been developed to seek to give
companies the know-how for implementing them, there was considerable criticism of their
limited impact for communities near extractive operations.
4.
Guiding Principles on Business and Human Rights
32.
The Working Group also considered broader initiatives, notably under the
framework of the Guiding Principles on Business and Human Rights, to assess their
effectiveness in strengthening human rights protection in the private military and security
industry. In 2016, Switzerland adopted a report outlining a National Action Plan for the
implementation of the Guiding Principles.15 A revised National Action Plan for 2020–2023
was approved by the Federal Council in January 2020. 16
33.
The Working Group took note of several references to private security in the 2016–
2019 Action Plan. These references primarily focused on information about initiatives
undertaken, outreach, legislative developments (notably the Federal Act on Private Security
Services Provided Abroad), and the role of Switzerland in international multi-stakeholder
initiatives such as the International Code of Conduct Association and the Voluntary
Principles. While these are significant achievements, the approach taken looked backwards
rather than pointing forwards and failed to elaborate on new objectives and measures with
respect to private military and security companies. The 2020–2023 Action Plan lacks detail
in the area of private security. It fails to seize the opportunity to formulate objectives to
consolidate and strengthen achievements made thus far with regard to private security
services provided abroad, and to include goals to strengthen regulation of private security
services provided domestically.
34.
In addition to the National Action Plan, the Government has developed specific
initiatives to foster the implementation of the Guiding Principles in several business sectors
that rely heavily on private security.17 For example, in 2018, the Government issued a
guidance document for the commodity-trading sector on implementing the Guiding
Principles.18 This guidance is particularly relevant as Switzerland is one of the most
important commodity-trading centres in the world, and given that there are persistent
allegations of human rights violations and abuses in the complex and varied supply chains
related to the mining, buying, transporting, storing, transforming and selling of natural
resources.19 The document makes reference to public and private security in relation to
potential adverse human rights impacts associated with commodity trading, notably in the
context of buying and storing commodities. It also gives the example of how a trading
14
15
16
17
18
19
See www.voluntaryprinciples.org/wp-content/uploads/2020/02/Switzerland-2018-Annual-Report.pdf.
See www.seco.admin.ch/seco/en/home/seco/nsb-news.msg-id-64884.html.
See www.nap-bhr.admin.ch/napbhr/en/home.html.
See www.fdfa.admin.ch/eda/en/home/foreign-policy/human-rights/human-rights-policy/businesshuman-rights.html.
See www.seco.admin.ch/seco/en/home/Publikationen_Dienstleistungen/Publikationen_und_
Formulare/Aussenwirtschafts/broschueren/Guidance_on_Implementing_the_UN_Guiding_Principles
_on_Business_and_Human_Rights.html.
See, for example, www.gfbv.ch/en/campaigns/no-dirty-gold/#switzerlands-role.
7
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