A/HRC/45/9/Add.1
modalities and monitoring of the training requirement are elaborated in another directive.
Private security personnel are further obliged to carry specific identification delivered by
the cantonal authorities and to use vehicles, uniforms and other equipment that are easily
distinguishable from those of public police forces and subject to approval by the cantonal
authorities.
60.
The Working Group commends the Romandie cantons for developing and
implementing a regulatory framework for private security companies operating within their
territory, and for the commitment and knowledge of the cantonal authorities it met. The
Concordat romand sets an important baseline for ensuring minimum standards and seeking
to prevent human rights abuses by private security companies and their personnel.
61.
A draft concordat for the remaining cantons was developed in 2010 but never
entered into force after being rejected by several cantons, including those where a large
number of private security companies are registered. The draft envisaged a four-step
training system for private security personnel and gave the responsibility to verify
requirements for private security personnel to their employers instead of public authorities.
The creation of a heavy administrative burden, for both cantonal authorities and companies,
especially smaller ones, was given as one of the reasons for the rejection of the draft
concordat in some cantons.
62.
Following the rejection of the draft concordat, some cantons opted to develop their
own legal framework for private security companies, while others have no specific legal
basis for the operations of such companies. Some stakeholders argue that this encourages
private security companies to be registered in cantons with no or weak regulation and does
not incentivize higher standards and requirements, such as thorough vetting and consistent
training.
63.
The Canton of Zurich, for example, adopted its own legislation to regulate private
security companies and rejected the draft concordat. As of 1 January 2019, companies are
required to register with cantonal authorities, who vet the executive director of the
company, but not its staff – a task to be fulfilled by companies themselves. The lack of a
criminal record appeared to be an important element of the vetting procedures in both cases.
In terms of registering the company in the Canton, additional elements of the vetting
procedure were cited, including a background check of the company’s director and
sufficient training by private security personnel as appropriate to their respective security
tasks. Contrary to the draft concordat, permits obtained by private security companies are
not limited in time, but remain valid as long as the same executive director is responsible
and as long as there are no changes that result in the requirements not being met anymore.
64.
The rejection of the draft concordat reinforced the calls of certain constituencies and
convinced others to push for federal legislation that would establish common minimum
standards applicable to private security providers across the entire country. At the time of
the visit, the Swiss Parliament was deliberating on a proposal to entrust the Federal Council
with the preparation of a draft law,33 which had the support of the Federal Council as well
as the main private security industry association in Switzerland. However, Parliament
rejected the motion in December 2019, arguing that the activities of such companies should
be regulated by cantonal and not federal law.
65.
This latest development has put efforts to elaborate a standard regulatory system for
the whole country on hold, which is unfortunate given the need to harmonize and
consolidate existing good practice in some cantons. Indeed, the positive lessons from the
implementation of the Concordat romand should serve as a starting point for elaborating a
nationwide framework that would close existing regulatory gaps and offer solid safeguards
for private security companies to respect human rights.
2.
Private security providers within Switzerland
66.
Private security providers are increasingly used by both public and private clients to
deliver a broad range of services. The number of companies and private security personnel
33
See www.parlament.ch/fr/ratsbetrieb/suche-curia-vista/geschaeft?AffairId=20163723.
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