Example contract clause on incident reporting

Excerpt from A Contract Guidance Tool for Private Military and Security Providers (DCAF 2017), section 4.1.3:

At a minimum, the contractor shall report the following incidents:

• The use of any weapon, which includes the use of [small arms and light weapons], equipment, and less lethal weapons under any circumstance (except authorised training), any breach of the use of force policy or escalation of the use of force, damage to equipment or injury to persons, traffic accidents, and incidents involving other military and/or security forces.

Additionally, the following shall be reported:  

• Child labour: If the contractor, its personnel or any subsidiaries/sub-contractors are engaged in any practice inconsistent with national and international law, including the rights set forth in the Convention on the Rights of the Child, in particular Article 32 which requires that a child shall be protected from performing any work that is likely to be hazardous, or to interfere with the child’s education or to be harmful to the child’s health or physical, mental, spiritual, moral or social development.
• Sexual exploitation: if the contractor, its personnel or any subsidiaries/sub-contractors are engaged in sexual exploitation or abuse of any of its employees or any other persons engaged and controlled by the contractor to perform services under this contract.
• Torture or other cruel, inhuman or degrading treatment or punishment: If the contractor, its personnel or any subsidiaries/sub-contractors are engaged in torture or other cruel, inhuman or degrading treatment or punishment, or other violations or abuses of international or national law.
• Trafficking in persons: If the contractor, its personnel, or any subsidiaries/sub-contractors are involved in trafficking in persons. For the purposes of the contract, trafficking in persons is the recruitment, transportation, transfer, harbouring or receipt of a person, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purposes of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
• Slavery and forced labour: If the contractor, its personnel, or any subsidiaries are engaged in slavery, forced or compulsory labour or are complicit in another entity’s use of such labour.
• Prohibited weapons: If the contractor, its personnel, or any subsidiaries are engaged in the sale or manufacture of anti-personnel mines or components utilized in the manufacture of anti-personnel mines or other prohibited weapons under international and national law.