All private security providers should be procured following the Group Contractor Performance Management Standard (see Section 4B). Security contracts are considered socially material.
As part of the procurement process, the following information should be gathered about the private security contractors:
- Contractor’s history of respect for/violations of human rights
- Personal/management and business reputation
- Litigation and criminal offence history
- Training provided by the contractor to its employees on human rights, including the VPs, International Humanitarian Law, the United Nations (UN) Code of Conduct for Law Enforcement Officials and the Basic Principles on the Use of Force and Firearms.
- Policies and systems in place to meet VPSHR requirements.
- Business and equipment licenses, particularly as these relate to weapons and firearms
- Procedures on use of force and firearms, policies regarding appropriate conduct and the local use of force, e.g. rules of engagement
- Any formal commitments to human rights/international best practice
The information should be analysed, and findings and conclusions should be documented.
Before mobilisation, the background of all private security staff must be checked as part of a Pre-Employment Screening (PES) to ensure that individuals credibly implicated in human rights abuses are not deployed. This should include conducting an official check of police records for any outstanding criminal warrants, and a check of records of the appropriate law enforcement authorities and judiciary.
Contracts with private security providers should include commitments to adhere to the VPs, the International Code of Conduct for Private Security Contractors. and the ISO 18788 Standard (Security Operations Management System). Table 4E.4 details additional contract provisions.
TABLE 4E.4 Contract provisions
| Topic |
Contract provision |
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Conduct
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Conduct towards both employees and members of the surrounding community to:
- observe Anglo American’s policies regarding ethical standards, Inclusion and Diversity, and human rights
- exercise restraint and caution in a manner consistent with international guidelines on the use of force
- be the basis for termination of the contract where there is evidence of unlawful or abusive behaviour by security staff
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Policies and procedures
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Policies and procedures that commit security staff to proper standards, including:
- written policies on conduct and use of force
- pre-employment screening for all supervisors, guards, consultants, security specialists and other staff that identifies any history of human rights abuse or other wrongdoing
- reporting and investigating allegations of unlawful or abusive behaviour and all use of force incidents, followed by appropriate disciplinary action, as necessary
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Training
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Training done to a high standard including:
- sufficient training on weapons, including firearms if issued and any less-than-lethal weapons
- training on use of force, to include:
- o force continuum
- o use-of-force technique training and practice
- o human rights training that emphasises avoidance of unlawful or abusive behaviour
- o training in rules of engagement.
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Oversight
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Oversight of contract performance
including an active review or audit program for, at a minimum, employee background checks and training (materials, qualification of trainers, and training logs).
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