A/HRC/45/9/Add.1
company may contribute to adverse impacts through the use of private security at different
levels of the supply chain.
35.
In 2015, a coalition of Swiss civil society organizations launched a public initiative
to hold Swiss companies to account for human rights abuses committed abroad. The Swiss
Responsible Business Initiative 20 obtained well over the required 120,000 signatures to
trigger a citizen initiative. It seeks to introduce a partial amendment to the Constitution to
include mandatory human rights due diligence. At the time of the visit, the Swiss
Parliament was deliberating a counter-proposal containing elements from the Initiative with
a more limited scope. While private military and security companies did not feature in the
debate, any law concerning Swiss companies operating abroad could affect them, in
addition to the Federal Act on Private Security Services Provided Abroad. The Working
Group strongly supports any initiative that would strengthen human rights due diligence
and supply chain liability in Switzerland, including for operations of Swiss-based private
military and security companies abroad.
5.
An international legally binding instrument
36.
In parallel to the development of the above-mentioned non-binding initiatives on
private military and security companies, there has been, since 2010, a process within the
Human Rights Council to consider the possibility of elaborating an international regulatory
framework on the regulation, monitoring and oversight of the activities of private military
and security companies, including potentially an international legally binding instrument.
During the visit, officials told the delegation that Switzerland considered the abovementioned non-binding initiatives as complementary to an international regulatory
framework, and noted that, for some stakeholders, it appeared important to reach an
agreement on the content of an international regulatory framework before focusing on the
nature thereof. Officials also elaborated on the positive aspects of these initiatives, such as
inclusiveness, speed, and their apolitical and humanitarian nature. Nevertheless, it is
important to note that, while extremely worthwhile, these initiatives are subject to critical
limitations, particularly in relation to their narrow scope, the small number of States and
companies that have committed to them, and their limited effectiveness in securing
accountability and effective remedies for victims of abuses.
B.
Regulation of Swiss-based private military and security companies
operating abroad
1.
Aims and scope of application of the regulation
37.
Switzerland’s reflections on better regulation for private military and security
companies operating abroad were initiated in 2005. Three reports were adopted between
2005 and 2010 to scope the issue, which gained traction in 2010 when it was reported in the
media that a holding company of a large private military and security company had moved
to Switzerland. The activities of the private military and security company abroad were
deemed not to be in conformity with Swiss foreign policy principles and objectives. This
generated a sense of urgency to legally restrict the kinds of services that could be provided
by Swiss companies abroad. As a result, the Federal Act on Private Security Services
Provided Abroad, of 27 September 2013, was adopted, and the Act and its accompanying
ordinance entered into force on 1 September 2015.21 The company in question subsequently
left Switzerland.
38.
Positively, compliance with international law, and in particular human rights law
and international humanitarian law, is one of the Act’s four objectives (art. 1), against
which activities are assessed on a case-by-case basis. The other three objectives are to
contribute to: safeguarding the internal and external security of Switzerland; realizing the
20
21
8
See https://corporatejustice.ch.
See www.eda.admin.ch/eda/en/home/foreign-policy/security-policy/bundesgesetz-ueber-die-imausland-erbrachten-privaten-sicherheit.html.
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