SWITZERLAND Law and Practice Contributed by: Liburn Mehmetaj, Roxane Allot and Andreas Hösli, Walder Wyss Ltd
al Action Plan ), signalling the country’s support for the principle that businesses should, for example, respect indigenous peoples’ rights to their lands, territories, and resources, and their right to consultation and free, prior, and informed consent (FPIC) for projects that affect them. However, Switzerland has not ratified ILO Convention 169 on Indigenous and Tribal Peo - ples, given its focus on states with indigenous populations on their territory. In practice, Swiss companies undertaking pro - jects potentially affecting indigenous communi - ties (for instance, mining or infrastructure pro - jects) are expected by the Swiss government and civil society to adhere to these principles, even if Swiss law does not explicitly mandate it. Swiss-based multinationals in extractive indus - tries often have internal policies aligned with international standards like the IFC Performance Standards, the Equator Principles, the UNGP and the OECD GL, which include requirements on engaging with indigenous communities. The topic of potential adverse impacts on indig - enous peoples is a recurring issue in complaints raised with the Swiss National Contact Point (NCP) under the OECD Guidelines (see 2.1 Inter- national and 4.1 Enforcement Activities ). Overall, indigenous peoples’ rights are indirectly reinforced via Switzerland’s international com - mitments and the standards that many com - panies commit to. If a Swiss company were complicit in violating indigenous rights abroad, it could face legal challenges elsewhere (foreign courts or international bodies) and non-judicial grievances in Switzerland (through the NCP or civil society pressure). The Swiss government itself, through its National Action Plan, highlights the importance of respecting the rights of vulner - able communities.
2.2.6 Other In addition to the areas already covered, Switzer - land has several other laws and regulations that contribute (directly or indirectly) to responsible business conduct and the protection of human rights (predominantly, abroad), for example: • Under the Swiss Criminal Code, allegations of human rights abuses and violation of envi - ronmental protections (eg, in the context of illegal logging of primary forests) when linked to money laundering and/or bribery of foreign public officials have led to several criminal prosecutions against Swiss companies (Arti - cle 102 Swiss Criminal Code). Further, under limited conditions, certain grave human rights abuses such as war crimes, genocide, or crimes against humanity can be prosecuted in Switzerland even if committed abroad (extra - territorial jurisdiction for international crimes). Accordingly, Swiss law provides avenues to address corporate implication in human rights violations committed abroad. • The Federal Act on Private Security Services Provided Abroad (PSSA) applies to Swiss- based private security companies operating internationally. Under the PSSA, security firms (or other companies hiring security contrac - tors) cannot participate in hostilities abroad or commit serious human rights abuses, and they must report their contracts to Swiss authorities. The PSSA forbids Swiss com - panies from engaging in activities such as mercenary services or guarding operations that could involve torture, human traffick - ing, or other abuses. Violations can lead to criminal penalties or prohibitions on activity. On an annual basis, the Swiss Department of Foreign Affairs produces a report on the implementation of the PSSA. • The Federal Act on Public Procurement (PPA) states that in public tenders, the contracting
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