Omega Research Foundation RECOMMENDATIONS Use of Force     States should ensure that domestic legislation, protocols and guidelines governing the use of force and firearms and all other law enforcement equipment are in compliance with international human rights law and standards. When a state decides to amend an existing norm or create a new one, civil society organisations should be invited to actively participate in a meaningful, inclusive process. In particular legislation and other norms governing the use of force and firearms should: o Specify the circumstances under which law enforcement officials are authorized to carry firearms, less lethal weapons and restraints and prescribe the types permitted. o Ensure that all firearms, less lethal weapons, restraints, and other uses of force, are used only in appropriate circumstances and in a manner likely to decrease the risk of unnecessary harm. o Prohibit the use of firearms, less lethal weapons, restraints and other uses of force that cause unwarranted injury or present an unwarranted risk. o Establish robust mechanisms to ensure accountability for both law enforcement officials employing force in public gatherings and places of detention and their superior officers. This should include a system of reporting whenever law enforcement officials use force in the performance of their duty. o Echoing Principle 7 of the BPUFF, ‘Governments shall ensure that arbitrary or abusive use of force and firearms by law enforcement officials is punished as a criminal offence under their law.’ States should: o Strictly control the design, transfer, selection and testing of law enforcement equipment. o Ensure a thorough, independent review based on international human rights law and standards is carried out by independent medical, legal, police and other experts to ascertain whether new or untested equipment is fit for use in law enforcement. o Monitor and publish information on the implementation of legislation and other norms governing the use of force and firearms, including accountability mechanisms. o Ensure that public use of force is controlled by a strict legal framework. Agencies without a legal mandate to use force should be prevented from doing so. Armed forces should only carry out law enforcement functions in exceptional circumstances for the shortest amount of time possible, within strict parameters set out in law and under the direction of civilian authorities. Any security officials carrying out law enforcement functions must be instructed and trained in accordance with international human rights standards for the use of force. Production, promotion and trade of law enforcement equipment Omega calls on state authorities in South America and elsewhere to:  Compile public activity reports on the export of law enforcement equipment and technical assistance (tangible and intangible transfers) on a regular basis. Reports should include information on the number of applications received, the items involved, the country of destination and the proposed end user, as well as the decisions made on each application. To further promote transparency, states should provide information on the financial details of the licences awarded and the criteria on which decisions are based. 62