A/HRC/45/9/Add.1
with the handful of cases that are brought to the attention of judicial authorities. That
said, it is important for the authorities to ensure that adult Swiss nationals who travel
abroad with “terrorist motivations”, some of whom may be considered mercenaryrelated actors, receive appropriate support from the Swiss authorities to ensure that
their rights are upheld if they are prosecuted in countries with poor human rights
protections.
83.
In the area of private military and security companies, Switzerland has shown
exceptional leadership and commitment by steering international initiatives aimed at
raising standards within the industry and increasing levels of awareness about the
responsibilities of private military and security companies to respect human rights,
prevent abuses by their personnel, and ensure access to an effective remedy in the
event of such abuses. In 2019, Switzerland acted as Chair of three of the most
important international initiatives in this field, namely the Montreux Document
Forum, the International Code of Conduct for Private Security Service Providers and
the Voluntary Principles on Security and Human Rights. It remains unclear, however,
whether there has been any tangible progress towards achieving the stated objective
of increasing the impact of these initiatives on the ground during the past year. In the
future, greater resources and efforts are needed to ensure tangible results.
84.
Building on its role in international forums, Switzerland modelled strong
regulatory practices by enacting national legislation in 2013 in the form of the Federal
Act on Private Security Services Provided Abroad, as promoted by the Montreux
Document. The Act is grounded in international human rights law and international
humanitarian law and has a wide scope of application with a focus on services rather
than entities. The Working Group commends Switzerland on the adoption of this law
and on the exemplary efforts undertaken for practical implementation of the
legislation, as demonstrated by the 2019 decision to prohibit services linked to the
export of military training aircraft to Saudi Arabia and the United Arab Emirates.
This decision offers a rare example, worldwide, of balancing risks to human rights
and international humanitarian law with interests of the defence industry and related
services. The Working Group therefore looks with concern at the recent discussions
about potentially narrowing the scope of the Act, a development that could revert the
regulatory progress made and weaken the ability to prevent human rights abuses
and/or violations of international humanitarian law in the future.
85.
Compared to private security services provided abroad, the regulatory
framework with respect to private military and security companies operating
domestically is lagging behind. The Working Group recognizes that no serious human
rights abuses by such companies have been brought to its attention. Nevertheless,
considering the sensitive nature of some of the tasks performed by private security
providers, the Working Group is concerned about the lack of a consistent legal
framework for their operations, especially in relation to vetting, training and
oversight. While recognizing that cantonal autonomy and decentralization are
fundamental parts of the Swiss political and legal landscape, the Working Group finds
that the current regulatory system does not adequately ensure minimum standards
for private security companies and their personnel across the country. A regulatory
framework that would ensure consistent regulation of private security services for all
cantons is therefore needed. The Working Group is disappointed that a parliamentary
motion opening the way to federal legislation on private security services was rejected
in 2019 and encourages the Government and all other relevant stakeholders to
consider new initiatives that would make possible a framework that is applicable
throughout the country.
86.
In light of the findings elaborated above, the Working Group provides the
following recommendations to the Swiss authorities:
International initiatives relevant to private military and security companies
87.
Continue to exercise leadership by pushing forward processes to strengthen
existing international non-binding initiatives related to private military and security
companies.
17
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