A/HRC/45/9/Add.1
88.
In particular, invest greater resources and efforts to assist the International
Code of Conduct Association to: (a) make its complaints mechanism more robust; (b)
explore ways to strengthen monitoring of compliance with the Code and to bring to
light human rights abuses and violations of international humanitarian law by
member companies in ways that ensure the protection of victims and witnesses; and
(c) facilitate victims’ access to an effective remedy in line with international human
rights standards. Overall, there is a need to dedicate sufficient resources towards these
objectives by all three pillars of the Association.
89.
With regard to the Voluntary Principles on Security and Human Rights, work
with other members to outline and concretize the Voluntary Principles on the ground,
particularly with Swiss-based companies in the extractive and commodities sectors;
build on its annual reports by providing detailed information regarding
implementation of the Voluntary Principles by Switzerland; encourage Swiss
commodity trading companies to join the Voluntary Principles; and explore ways to
collaborate with the International Code of Conduct Association to ensure that private
security providers used for shipping, transporting and storing commodities respect
human rights and understand and assess human rights risks associated with upward
supply chains (producers of raw materials).
90.
Substantively contribute to the open-ended intergovernmental working group
to elaborate the content of an international regulatory framework, without prejudging
the nature thereof, relating to the activities of private military and security companies,
pursuant to Human Rights Council resolution 36/11, and support an international
legally binding instrument in this area.
91.
Elaborate upon elements related to private security in the 2020–2023 National
Action Plan for Business and Human Rights, for example by developing an
accompanying plan that includes actions to: (a) overcome challenges in implementing
the Federal Act on Private Security Services Provided Abroad, of 2013; (b) support
relevant multi-stakeholder initiatives to achieve tangible impact on the ground; and
(c) raise minimum regulatory standards concerning private security services within
Switzerland.
92.
Seize the momentum created by the Responsible Business Initiative to enshrine
mandatory human rights due diligence in the Constitution and to opt for the most
comprehensive and far-reaching text possible.
Regulation of companies providing private security services abroad
93.
Maintain the wide scope of application of the Federal Act on Private Security
Services Provided Abroad. Furthermore, clarify and harmonize the procedure
applicable for services falling within the scope of both the Federal Act on Private
Security Services Provided Abroad and the federal regulation on arms exports, while
ensuring that human rights and international humanitarian law safeguards contained
in the Federal Act are retained.
94.
Continue to raise awareness about the Federal Act with Swiss companies
offering private military and security services abroad.
95.
Explore ways to strengthen monitoring of compliance with the Federal Act,
including by increasing available human resources within the competent authorities.
96.
Consider lowering the threshold defining “complex environments” in the
Ordinance on Private Security Services Provided Abroad in order to widen the scope
of application of the Federal Act.
97.
Conduct a gender analysis of the Federal Act, the accompanying Ordinance
and other guidance, and consider issuing additional guidance on a gender-sensitive
implementation of the Act.
18
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