A/HRC/45/9/Add.1
foreign policy objectives of Switzerland; and preserving Swiss neutrality. Private security
services that contradict these aims must be prohibited by the responsible authority (art. 14).
The Act focuses on private security services rather than entities. An extensive list of
services fall within the scope of the Act, ranging from security services at events to
operating and maintaining weapons systems (art. 4). Hence, the regulation recognizes that
private security services are provided by a wide variety of companies and sectors,
including, for example, the intelligence and defence industries in Switzerland for the
services they provide in relation to training or maintenance of equipment.
39.
The Act applies not only to companies that establish, base, operate or manage a
private security company in Switzerland, but also to those that exercise control over such a
company from Switzerland (art. 2). This wide scope of application, coupled with the focus
on services rather than on self-identification as a private security company, provides a
means to ensure that a maximum number of potentially problematic activities falls under
the law. Certain classic activities, however, such as protection of persons and guarding or
surveillance of property, are covered by the Act only when undertaken in “complex
environments”, with a cumulative definition of “complex environments” that arguably sets
the threshold too high.22
40.
Importantly, the Act includes several categorical prohibitions. Specifically, a
prohibition applies to services related to direct participation in hostilities (art. 8) and to
services where it may be assumed that they will be utilized by the recipient(s) in the
commission of serious human rights violations (art. 9). The law does not list specific
violations, but the Working Group was informed that article 9 also encompassed genderbased violations, including sexual and gender-based violence.
2.
A declaratory system
41.
The Act provides for a declaratory procedure whereby legal persons, natural persons
and business associations that provide private security services within the scope of the Act
are required to declare all such activities to a federal authority that reviews them to
ascertain whether they comply with the Act (art. 10). Moreover, companies are to notify the
competent authority of any significant changes that occurred after the initial declaration of
activities.
42.
Pending notification from the competent federal authority, the company is required
to refrain from carrying out the declared activities (art. 11). Where there are indications that
an activity may be provided in non-compliance with the law, for instance contravening the
aims of the law, the competent federal authority initiates a review procedure (art. 13) and
decides whether an activity shall be prohibited. Some types of activities are subjected to a
particularly thorough review, for example those provided in crisis or conflict regions or
where they may be of service to institutions or persons in the commission of human rights
violations (art. 14). In the case of non-compliance with the prohibitions and obligations
described above, the Act provides for sanctions (sect. 5).
43.
The declaratory procedure also requires companies to inform the competent
authority about the measures taken for basic and advanced training of personnel, and
specifically mentions training in human rights law and international humanitarian law for
persons carrying out management duties and those carrying weapons.
3.
Implementation of the Federal Act and its implications
44.
To implement the law, the federal authorities have gone to great lengths to raise
awareness with concerned companies and to prepare material to facilitate their work in
abiding by their obligations under the law. This includes detailed guidelines explaining the
contents of each article to enable companies and individuals to better understand the text, as
well as a guidance document for companies on the elements that should be covered in the
training provided to their personnel (including but not limited to: international human rights
22
See www.eda.admin.ch/dam/eda/en/documents/aussenpolitik/sicherheitspolitik/Verordnung-ueberdie-im-Ausland-erbrachten-privaten-Sicherheitsdienstleistungen-VPS_EN.pdf.
9
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