A/HRC/42/42 citing applicable international guidelines such as the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. They should not violate the rights of individuals to freedom of association and peaceful assembly, and there should be mechanisms for reporting and investigation, and referrals to local authorities in the event of inappropriate physical force. 45. Guidance tools have been developed through the Voluntary Principles to assist companies in identifying clear standards for and expectations of private security personnel, and to verify compliance through inspection, review and audit of the contract. In 2013, an audit protocol was developed to assess compliance with key indicators, such as whether a security and human rights training package existed and was in use, and whether security and human rights were taken into account and included as a requirement in a service contract with a private security contractor. A toolkit “on addressing security and human rights challenges in complex environments” also exists as an online knowledge hub and dedicates a module to working with private security providers. 32 The Voluntary Principles Initiative, currently comprising 10 Governments, 30 corporations and 15 non-governmental organizations, was established to promote respect for human rights when providing extractive industries with security services, in accordance with the Voluntary Principles; to strengthen implementation and accountability, and to expand the membership of the Initiative. One concrete outcome of the Initiative was the establishment of in-country implementation working groups in six countries.33 46. Much criticism has nonetheless been directed at the Voluntary Principles with regard to their limited impact for communities near extractive operations.34 Multi-stakeholder collaboration, facilitated by the above-mentioned in-country groups, has provided a platform for highlighting critical issues and identifying practical solutions. In Ghana, for example, this has involved discussions among communities, non-governmental organizations, government ministries and the private security sector on broader issues of private security sector reform (see A/HRC/39/49/Add.1). Notwithstanding, the Voluntary Principles and other similar nonbinding initiatives have to date failed to bring about the fundamental and practical changes that would strengthen prevention of abuses, or to bring about effective remedies for victims when required. 47. One common feature of the above-mentioned initiatives is the emphasis on corporate due diligence as a means for companies to manage proactively any potential or actual adverse impact on human rights. While a few States have introduced mandatory due diligence in national legislation, in most there is no legal obligation to do so, and no judicial monitoring of compliance. In this context, there has been a tendency for companies to focus on process rather than on tangible results for local communities. 48. Efforts are under way by the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. ). In parallel, discussions are similarly being held by the openended intergovernmental working group to elaborate the content of an international regulatory framework, without prejudging the nature thereof, to protect human rights and ensure accountability for violations and abuses relating to the activities of private military and security companies. In the light of the experience accumulated over the years with regard to the limited effectiveness of non-binding initiatives, it is clear that national and international legally binding instruments are necessary to achieve greater protection of human rights in the area of private military and security companies and extractive industries, as well as in other business sectors. 32 33 34 The hub, developed and managed by the Democratic Control of Armed Forces and the International Committee of the Red Cross, is available from www.securityhumanrightshub.org. Submission by the Voluntary Principles Secretariat. See Nigel D. White et al., “Blurring Public and Private Security in Indonesia: Corporate Interests and Human Rights in a Fragile Environment”, Netherlands International Law Review, vol. 65, No. 2, 2018. 13