A/HRC/30/34 Selection and training of private military and security company personnel 25. Swiss law includes the most references to human rights-related standards. It requires companies to train their personnel in applicable national and international law, including on fundamental rights, except when no such company is available, stipulating a maximum of six months for such contracts. 26. The laws of France, Hungary and the United Kingdom make no reference to human rights training. Permitted and prohibited activities 27. French law emphasizes that the only activities to be carried out by security providers must be the guarding and protection of persons and property or goods and the provision of protection to transport funds, jewels and precious metals.14 Private security companies are obliged to clearly indicate the private nature of their work in order to avoid confusion with public security entities such as of the police. Similarly, in the Hungarian legislation it is noted that those involved in private security activities have no public authority powers, must use a uniform, cannot use the titles and insignia of the authorities and cannot prevent the authorities from carrying out their activities. The relevant law in the United Kingdom does not contain a list of prohibited activities but notes that it is an offence to engage in conduct for which a licence is required.15 28. Swiss law clearly prohibits direct participation in hostilities in an armed conflict abroad, including through the hiring, training and provision of security personnel for direct participation in hostilities abroad or the establishment, management or control of a company in Switzerland involved in such activities.16 United Kingdom law does not define what military or security activity can be outsourced to private companies, but there is an understanding that military activity in situations of armed conflict can be delivered only by military personnel under the command of a commissioned officer.17 Hungarian legislation does not rule on the direct participation of company personnel in hostilities, but its provisions are not applicable to members of the armed forces and State law enforcement agencies.18 French law contains no provisions on the direct participation of private military and security company personnel in hostilities. 29. In terms of the participation of law enforcement agents in the activities of private military and security companies, in France, as a general rule, no former police or military personnel can take up positions in such companies.19 In Hungary, the law emphasizes that staff members of the police and civil national security services performing official duties, and individuals who are not staff but contribute to related official duties, cannot be members or managers of companies providing private security services. Swiss and United Kingdom laws contain no provisions on this question. 14 15 16 17 18 19 Law No. 83-629, arts. 1, 2 and 21. Private Security Industry Act of 2001, art. 3 (1). Federal Act on Private Security Services Provided Abroad of 2013, art. 8. See A/HRC/22/41, para. 53, and the response of the Government of the United Kingdom to the Working Group’s request for national legislation and regulations on private military and security companies. Act CXXXIII of 2005, art. 2. Law No. 83-629, art. 9. 7

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