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. 13

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents