46.1 The Company shall be entitled, pursuant to the Applicable Law, to directly or under contract with other persons, establish and maintain a security force for the purposes of protecting its staff and assets and maintaining security of Project Operations (the Security Force).

46.2 The Company and Security Force shall be subject to the Applicable Law at all times, including with respect to interrogation, apprehension, detention, and exclusion from the Project Area.

46.3 The Company and Security Force shall act in accordance with the International Code of Conduct for Private Security Service Providers, the Voluntary Principles on Security and Human Rights, and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, including as such instruments may be amended from time to time.

46.4 The Company shall, prior to the establishment of the Security Force, develop and submit to the Grantor [and the Authority] for its approval a protocol for the management and implementation of the Security Force, which shall outline in sufficient detail:

(a) How the Company shall vet, recruit, train, and supervise members of the Security Force, including on Gender-Sensitive methods of security enforcement, responding to reports of Sexual Harassment, Sexual Exploitation, and Sexual Abuse on the project premises so as to ensure that all members of the Security Force comply with the requirements of this Section at all times;

(b) The situations and manner in which the Security Force will be required to engage and coordinate with members of local public law enforcement and security services and other government authorities; and

(c) How complaints and grievances related to the activities of the Security Force can be submitted to the grievance mechanism established in accordance with this Agreement.

46.5 The Company shall require all members of the Security Force, as a condition of their engagement, to sign a code of conduct that prohibits Sexual Harassment, Sexual Exploitation, and Sexual Abuse as defined in accordance with this Agreement, and that identifies the actions that the Company shall take if the code of conduct is breached.

46.6 The Company shall at all times monitor the activities of the Security Force and shall be liable for the conduct of all members of the Security Force in accordance with the Applicable Law.

For more information: See generally IISD, 2014, Section 5.4 (Security); OHCHR, 2015, Principle 6 (Physical Security for the Project); ISLP & CCSI, 2016, Section 2.8 (Security); UNIDROIT & IFAD, 2021, Section 4.135 (Security Clauses); Aizawa & Mann, 2021, Section 4.6 (Project Must Respect Human Rights).