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8.2 Establishing Norms of Behavior and Codes of Ethical Conduct:

This section underscores the importance of establishing a Code of Ethics to define expected norms of behavior for all individuals associated with the organization, including employees, subcontractors, and outsource partners. Here's a detailed breakdown:

1. Code of Ethics Establishment:

  • Requirements: The organization must create, implement, and maintain a Code of Ethics to govern the behavior of all individuals working on its behalf.
  • Associated Documents:
    • Code of Ethics: A documented set of guidelines and principles outlining expected conduct and behavior.
  • Associated Records:
    • Acknowledgment Records: Documentation confirming that individuals working on the organization's behalf have received and understood the Code of Ethics.

2. Code of Ethics Content:

  • The Code of Ethics should cover the following key aspects:
    • a) Norms of Behavior: Clearly define expected behavior and conduct for all individuals associated with the organization.
    • b) Human Rights and Dignity: Emphasize the importance of respecting human rights and human dignity in all actions and interactions.
    • c) Responsibilities: Highlight the responsibilities of all individuals to prevent and report any abuses of human rights.

3. Communication and Documentation:

  • The organization is required to effectively communicate and document the Code of Ethics:
    • Communication: Ensure that all individuals working on the organization's behalf, as well as clients, are made aware of the Code of Ethics.
    • Documentation: Maintain records to demonstrate that the Code of Ethics has been communicated to and understood by relevant parties.

By establishing and maintaining a comprehensive Code of Ethics, organizations can set clear expectations for behavior, emphasizing respect for human rights and dignity. This code ensures that all individuals associated with the organization understand their responsibilities and obligations regarding the prevention and reporting of human rights abuses. Effective communication and documentation of the Code of Ethics promote ethical conduct and accountability throughout the organization and its network of partners.

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8.3.1 General

This section outlines the requirements for the establishment and documentation of use of force procedures for individuals working on behalf of the organization. The procedures should adhere to legal and international standards for the use of force. Here's a detailed breakdown:

  1. Use of Force Procedures Establishment:

    • Requirements: The organization must establish and document use of force procedures for individuals working on its behalf.

    • Competent Legal Authority: These procedures should ideally align with rules for the use of force (RUF) established by a competent legal authority. Competent legal authorities may include the government of the state(s) where the organization is registered or operates, governments with control over the area of operation, governments contracting with the organization for security, or military commanders with authority equivalent to military occupation.

    • Alternative Guidance: If authorized RUF is unavailable, organizations should base their procedures on published international guidance for the use of force, such as the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials 1990 and the Montreux Document.

    • Consistency with Laws: The use of force procedures must align with appropriate and relevant laws and undergo legal review before adoption.

  2. Use of Force Procedures Content:

    • The use of force procedures should cover various aspects, including: a) Authorization: Procedures for authorizing the use and carriage of weapons by personnel. b) Use of Force Continuum: Guidance on the graduated use of force, from non-lethal to lethal, depending on the situation. c) Less-Lethal Force: Protocols for the use of less-lethal force options. d) Lethal Force: Protocols for the use of lethal force when necessary. e) Support for Law Enforcement: Procedures for using force when supporting law enforcement activities (if applicable). f) Training: Training requirements and guidelines for personnel regarding the use of force.

  3. Location-Specific Procedures:

    • The organization should establish and document procedures specific to the scope of its operations and the conditions at each location where it operates.

  4. Consistency with Applicable Laws:

    • The use of force procedures must align with applicable legal requirements and contractual obligations.

  5. Agreement with Other Entities:

    • If the organization provides private security operations to other entities, the use of force procedures should be agreed upon with these entities.

By establishing and documenting comprehensive use of force procedures, organizations ensure that their security operations personnel are trained and equipped to handle situations that may require the use of force while adhering to legal and international standards. These procedures should be flexible enough to address location-specific conditions and aligned with relevant laws and contractual agreements.

 

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