Chemical irritants 5.1 CS, CR, and CN Key Technical Features CS (2-chlorobenzalmalononitrile), CR (2- chloroacetophenone), and CN (dibenzoxazepine) are all solids at room temperature. CS, CN, and CR are lachrymatory agents (tear forming) and interact with sensory nerve receptors to produce discomfort, severe pain, itching, and burning, principally in the eyes, respiratory tract, and skin. Inappropriate and excessive use of these chemical irritants is widespread, which can result in serious injury or death through suffocation, allergic reaction, hazardous overdose, or other side effect. Human Rights Concerns Individuals may react differently to the effects of CS, CR, or CN. Reactions may be affected by excessive application, delivery in an enclosed space, prolonged exposure, pre-existing medical conditions, and, for skin reactions, high temperature and relative humidity. Use of these weapons can be indiscriminate, if used at a demonstration, bystanders can be affected even if they are not the target. Statements and Standards from Human Rights Bodies ODIHR and Venice Commission: “Devices with indiscriminate effects such as tear gas … should be used for the purpose of dispersal only and should not be used where people (participants / bystanders; violent / peaceful persons) cannot leave the scene. They should only be used if violence has reached such a level that targeting individuals engaged in violence is not a possible or sufficient response.” 104 Special Rapporteur on the rights to freedom of peaceful assembly and of association: tear gas is indiscriminate in nature as it does not differentiate “between demonstrators and non-demonstrators, healthy people and people with health conditions.” 105 OHCHR: “A chemical irritant should only be used where sufficient toxicological information is available to confirm that it will not cause any unwarranted health problems.” 106 Examples of Existing Controls The EU includes chemical irritants on the EU Military List and requires Member States to license their export. Some national export control regimes include these weapons on their list of equipment that requires an export licence. Manufacture should be controlled. Proposed Control Trade and transfer should be controlled. Use should conform with international human rights standards. Venice Commission and OSCE/ODIHR, Guidelines on freedom of peaceful assembly (3rd edition), 8 July 2019, pp. 72-73. 104 UN HRC, Report of the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, 21 May 2012, A/HRC/20/27, para. 35. 105 106 87 OHCHR, UN Human rights guidance on less-lethal Weapons in law enforcement, 2020, para. 7.2.3.