years there has been a growth in private Chinese companies producing and trading police
equipment. Unfortunately to date there has been very little technical information made
publicly available concerning Chinese less lethal weapons and associated ammunition.
4. Conclusions
4.1. Regulating the development and use of less lethal weapons
The UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials,
adopted in 1990, encourages States to develop a range of less lethal weapons for law
enforcement officials in order to enable a graduated response in the use of force and to offer
less injurious alternatives to firearms and other existing weapons and equipment.
Unfortunately, in the nearly 30 years since its adoption, its broadly worded recommendations
regarding less lethal weapons and equipment have not been subsequently clarified and
operationalised by more detailed internationally accepted guidelines on the development and
use of such weapons. Furthermore, the UN Basic Principles have not been reviewed and
revised since its adoption in order to reflect the significant development, proliferation and
(mis)use of both old and new types of less lethal weapons or the broader challenges faced by,
and consequent changes in, law enforcement operational practice.
A number of UN human rights monitors and non-governmental human rights organisations
have sought to highlight the potential dangers of the disconnect between international
standards on the use of force and the realities of less lethal weapons development and use
today by law enforcement officials. The mandate of a UN Special Rapporteur on the
enjoyment of the rights to freedom of peaceful assembly and of association was created in
2011 and has since become a focal point for consideration of these fundamental rights. In an
April 2014 report to the UN Human Rights Council, the UN Special Rapporteur on
Extrajudicial, Summary or Arbitrary Executions discussed the UN Basic Principles and
developments in less lethal weapons technology since it was adopted and highlighted the
need for a “more nuanced and analytical approach.”lxi The UN Special Rapporteur stated
that there was “a need for independent guidelines on the development and use of these
weapon technologies, over and above standards that may be set by individual police forces or
the manufacturers” and that “training of law enforcement officials in the use of new weapons
should be relevant, regular and integrate a human rights law approach.”. Furthermore he
stated that “it may be necessary to place restraints on the international trade and
proliferation of these weapons.”.lxii
In 2014 the UN Human Rights Council (HRC) adopted Resolution 25/38, in which it
requested that the Special Rapporteur on the enjoyment of the rights to freedom of peaceful
assembly and of association and the Special Rapporteur on extrajudicial, summary or
arbitrary executions prepare a compilation of practical recommendations for the proper
management of assemblies.lxiii A two year process of regional consultations and expert
reviews culminated in the report which was presented to the HRC in January 2016.lxiv
Further guidance to States on these issues has also been provided by the Office of the United
Nations High Commissioner for Human Rights (OHCHR) in its 2017 ‘Resource book on the
use of force and firearms in law enforcement’lxv. OHCHR is currently completing a
subsequent updated training manual for law enforcement personnel and OHCHR will also
shortly publish further specific guidelines for the use of less lethal weapons.lxvi