REQUIREMENT FOR SWISS SECURITY COMPANIES OPERATING ABROAD TO JOIN ICoCA

Switzerland passed a legislation in 2015 making it mandatory for companies based in Switzerland which provide security services abroad to become ICoCA members.  

Keywords: certification, private security, human rights, due diligence  

Background

In the last decades Switzerland has been at the spearhead of the development of the international regulatory and governance framework of private military and security companies. It is under its leadership that the Montreux Document on Private Military and Security Companies and the International Code of Conduct for Private Security Companies (ICoC) were adopted, in 2008 and 2010 respectively. The Montreux Document affirms the legal obligations of States on the activities carried out by private military and security companies, while the ICoC focuses on the responsibilities of private security companies (PSCs) themselves under international human rights law and international humanitarian law. Switzerland has also been a participant in the Voluntary Principles on Security and Human Rights.  

The Export Controls and Private Security Services Section within the Federal Department of Foreign Affairs participates in the international dialogue on domestic standards for private military and security companies. These discussions are held in various international organisations (UN, OSCE, etc.). Switzerland is also hosting the International Code of Conduct Association. 

Regarding Switzerland’s own national policies on private security services, it regulates private security service providers’ activities within its borders at cantonal-level or through inter-cantonal policies. The Francophone cantons introduced the 1996 Concordat sur les Entreprises de Sécurité (CES). A similar policy was initiated by the German-speaking cantons in 2017 but failed to be adopted when several cantons opted instead for their own cantonal regulations.  

Good Practice

In 2010, Switzerland’s Federal Council decided to adopt a federal legislation that sought to regulate PSCs headquartered in Switzerland. This led to the adoption of The Federal Act on Private Security Services Provided Abroad (PSSA) on 27 September 2013, enforcing measures to ensure the respect for human rights and international humanitarian law. The PSSA applies to Swiss-based PSCs whether they provide services within Switzerland or abroad. It also covers companies managed from Switzerland that offer security services overseas, as well as any individuals working for these Swiss-linked security firms, both domestically and internationally. The regulations extend to Swiss federal authorities that employ these private security providers. Thus, providing an authoritative framework for new company registration as well as creating a governance mechanism to ensure compliance with the rules.  

The PSSA entered into force on 1 September 2015 and requires companies based in Switzerland providing security services abroad to be ICoCA certified. The legislation also serves as a pillar responsible for safeguarding human rights and respecting the rule of law, as it prohibits security companies from engaging in violations but also offering their services in contexts connected with serious breaches of human rights. Switzerland has shown that an interplay between domestic and foreign policies is important, as commitments to upholding human rights begins with translating international commitments into national frameworks.  

Corporate Ethics

Overall, and as stipulated under Article 1, the PSSA aims to “safeguard Switzerland’s internal and external security, achieve Switzerland’s foreign policy objectives, preserve its neutrality and guarantee compliance with international law.” These regulations ensure that Swiss PSCs providing their services abroad are continuously supervised through mandatory declarations and review procedures, ensuring compliance with the Code of Conduct. Article 7 states that companies providing security services must accede to the International Code of Conduct for Private Security Providers. PSCs providing services abroad shall also provide proof of ICoC certification as emphasised under Article 10 (e) and be prohibited from carrying out services if they fail to comply with the provisions of the Code as stipulated under Article 14 §2 (c). Finally, Article 31 §1 (b) explains that the contracting authority must ensure the private security provider maintains a solid reputation and exemplary business practices by complying with the Code of Conduct. 

Prior to 2015, one of Switzerland’s embassies in North Africa was responsible for a short mission in a neighbouring country classified as a complex environment. The KMZ, or Centre de Gestion des Crises, participated in the selection of an ICoCA-certified security company for assistance. Since increasingly more PSCs are joining ICoCA because of Switzerland’s PSSA requirement, it is becoming easier for Switzerland to work with ICoCA certified companies and fully comply with the provisions they set out in the Act.  

The Federal Department of Foreign Affairs continues its advocacy efforts to encourage PSCs to join ICoCA Swiss representations are always advised to inform companies offering private security services that Switzerland works only with ICoCA members in all different environments, whether complex or not.  

Association of Member Companies 

The International Code of Conduct

Member and Affiliate companies of the International Code of Conduct Association (ICoCA) commit to the responsible provision of Security Services to support the rule of law, respect the human rights of all persons, and protect the interests of their clients.  

By joining ICoCA, the Member and Affiliate Companies affirm that they have a responsibility to respect the human rights of, and fulfil humanitarian responsibilities towards, all those affected by their business activities, including personnel, clients, suppliers, shareholders, and the population of the area in which services are provided. Furthermore, clients could also require that their security providers are ICoCA certified.  

Disclaimer 

The case map intends to promote conversations on the responsible provision of private security services, by providing a selection that shows on the one hand cases of abuses by private security companies, and on the other, cases of good practice. The case map exists to inform and provide a representation of selected incidents as well as good practices in the field of private security.  

The descriptions of the cases reproduced here are not intended to represent opinions or advertisements of the ICoCA or the authors. In cases where the practices of private security providers are presented as responsible, this should not be interpreted as legitimising any potential human rights violations that may have occurred. Similarly, the inclusion of certain cases does not imply that the ICoCA or authors endorse the conduct of any private security companies that have engaged in human rights abuses or violations. 

Sources

• Private security services | Federal Department of Foreign Affairs FDFA  
• Switzerland: ‘Initiatives to regulate private military and security companies internationally must be matched domestically’ | OHCHR  
• Federal law on private security services provided abroad | ICRC   
• The Montreux Document is more relevant today than it has been for many years | Federal Department of Foreign Affairs FDFA  
• Federal Act on Private Security Services provided Abroad | The Federal Council  
• 2019 Annual Report on the Implementation of the Federal Act on Private Security Services Provided Abroad | Federal Department of Foreign Affairs FDFA  

This case was prepared by Anyssa Boyer, Graduate Institute of International and Development Studies. 

Disclaimer

As per the Disclaimer on the homepage, neither the International Code of Conduct Association nor any authors can be identified with any opinions expressed in the text of or sources included in The International Code of Conduct Case Map.