A/HRC/45/9/Add.1 obtaining a contract with a Swiss representation abroad had motivated companies to seek membership of the International Code of Conduct Association. There are, however, also challenges for Swiss representations operating in countries with little or no Association membership among security providers and where qualified security providers can be hard to find. Alternative measures, such as making use of United Nations security services, are used to mitigate such challenges in some cases. 54. Hiring of private military and security companies by federal authorities is governed by general public procurement procedures that are designed to ensure a transparent process, competition between and equal treatment of bidders, and value for money. Authorities putting out a tender are expected to include all relevant requirements set out in the Act, such as the requirement for companies to be members of the International Code of Conduct Association. While this is positive given the strengths of the Act, it would be stronger to explicitly mention human rights aspects in tenders, such as requiring contractors to have internal policies regarding human rights, gender equality and non-discrimination as well as a prohibition of sexual and gender-based violence, including sexual harassment. C. Private military and security companies operating within Switzerland 1. Regulatory framework 55. Cantonal autonomy and decentralization are fundamental parts of the Swiss political and legal landscape and the 26 cantons of the Confederation have competence over security matters. The Confederation can legislate on economic activities, as do the cantons, and has made use of this competence only regarding private security services provided abroad. In contrast to the above-mentioned Federal Act on Private Security Services Provided Abroad, there is no uniform regulatory framework at the federal level for private security providers operating within Switzerland, a matter governed in part by cantonal law. As a consequence, disparities in the minimum standards required from private security companies operating domestically exist. 56. Paradoxically, efforts to develop and adopt consistent legal rules for private security companies operating domestically predate the discussions culminating in the aforementioned Federal Act. An intercantonal agreement, known as the Concordat on Private Security Companies, was adopted by six of the Romandie cantons 31 in 1996, establishing uniform rules for the operations of such entities. An intercantonal commission meets regularly to ensure a consistent implementation of the Concordat in these cantons. To facilitate implementation and interpret some of the Concordat provisions in more detail, the commission elaborated seven guiding directives. 32 57. To comply with the Concordat, private security companies need to obtain a permit for the company and for their employees from the competent cantonal authorities (art. 7). The permits are recognized by all cantons of the Concordat and are valid for four years. The Working Group was informed that thorough background checks are conducted by the authorities, going beyond simple checks on criminal records. A directive guides cantonal authorities on how to assess the requirements of good repute, including elements related to behaviour and attitude as described in the Concordat (arts. 8 and 9). 58. To obtain a permit, the manager of a private security company must pass an examination organized by the cantonal authorities (art. 8). A separate directive details the form and contents of the examination, including, inter alia, specific provisions of the Criminal Code and the Criminal Procedure Code. Companies registered in cantons that are not part of the Concordat need to request a permit from the cantonal authorities, who assess the conformity of permits delivered by other cantons with the Concordat requirements. 59. Moreover, the Concordat elaborates the obligations of private security companies and their personnel, including a restriction on the use of force and a requirement to provide initial and continuous training to private security personnel (sect. IV). The content, 31 32 12 Fribourg, Geneva, Jura, Neuchâtel, Valais and Vaud. See www.cldjp.ch/actes-des-conferences/concordat-ces/.