consultation phase, which should last for a minimum period of 30 days, is intended to provide an opportunity stakeholders are given an opportunity to participate in the creation of SENASP technical standards through the for a broader review of standards by all relevant stakeholders. Early consultations on some of the first draft public consultation phase, the initial development of the standards is conducted almost entirely by individuals standards published by SENASP, including one on electric shock weapons, have involved the publication of a affiliated with law enforcement agencies. Given that Pro-Seguranca is a relatively new programme, it is too preliminary text on the MJSP’s website, where individuals are able to express their support or objection to a soon to judge the extent to which public comments on draft standards are able to significantly impact their proposed standard and make suggested changes to the text. It is then the responsibility of SENASP to respond development. Nevertheless, greater involvement of stakeholders from civil society, including human rights to public feedback as necessary. Following the public consultation phase, a consolidated document is then and legal experts, at an earlier stage would help to ensure that a focus on human rights and public safety published as a SENASP technical standard. is maintained. Finally, according to the text of the ordinance, SENASP will only consider the development of In order to be certified, products or services must be tested to ensure compliance with the requirements of the relevant standard. According to the ordinance, these procedures must be conducted by a quality certification body and/or laboratory accredited by the National Institute of Metrology, Quality and Technology (Inmetro). Once established, the technical standards developed by SENASP will need to be observed during the procurement of any relevant type of law enforcement equipment, where the body involved uses ‘financial resources from the General Budget of the Union, including those of the National Security Public Fund’. However, in circumstances where the budgetary resources used to procure the equipment are not federal in origin, the ordinance notes that adherence to the standards will be optional only. standards and requirements for products designated as ‘controlled products’ (PCE) under the terms of Decree No. 10,030. In practice, this means the programme will not develop standards related to the manufacture and selection of restraints or handheld kinetic impact weapons, since neither of these are designated as controlled products. Although it is beyond the scope of this report to outline detailed recommendations for the technical specification of all types of equipment used by Brazilian law enforcement, taking the work of SENASP into consideration, the sections below examine in more detail the types of equipment currently manufactured by the Brazilian companies, indicating the types of technical features which should be considered when developing standards related to their performance and safety. In doing so, these sections also highlight a number of Brazilian At the time of writing, SENASP has published one standard related to the technical specification of ‘Pistols, manufactured products of concern, including some which Omega considers as inherently abusive, and whose calibre 9x19mm and .40 S&W’ and is in the process of developing another related to electric shock weapons manufacture and use should therefore be strictly prohibited. or what the standard itself terms ‘Electro-Electronic Neuromuscular Incapacitation Weapons’. Responding to a request for information from Omega, SENASP also confirmed that it was planning to develop standards on rifles and carbines and ballistic vests in the near future and that, standards on other types of law enforcement equipment and weapons would be published in 2021 and 2022. Although the Pro-Seguranca programme is still in the early stages of its implementation, it is clear from the programme’s procedures and scope, that it is a positive development which has the potential to help improve the safety and quality of the equipment and weapons used by law enforcement officials in Brazil. The requirement that draft standards be subject to public consultation is particularly commendable and should help to ensure greater transparency and scrutiny of the process. Nevertheless, an initial analysis of the programme’s design and early implementation does highlight some areas of concern . Firstly, although the stated objective of Pro-Seguranca is to ‘contemplate minimum requirements for safety, quality and performance of equipment’, Ordinance No. 104 does not specify explicitly whose safety the standards process is designed to enhance. Specifically, the text of the ordinance does not make clear whether the standards developed are intended to minimise the risk of malfunctioning equipment injuring law enforcement officials or to enhance public safety by ensuring that the weapons and equipment used are capable of achieving likely operational objectives with the minimum force necessary. Indeed, ‘human rights’ is not referred to anywhere in the text. Secondly, although members of civil society and other independent 28  3.1.1 Chemical Irritants Given the diversity of chemical irritant weapons currently manufactured for use by law enforcement, multiple factors need to be considered during their selection, and these can vary significantly depending on the type and design of the device in question. The risks associated with chemical irritant devices are, first and foremost, determined by the toxicity and concentration of the chemical agent used and the quantity delivered. However, the potential danger of chemical irritant projectiles can also be affected by their kinetic energy and accuracy, while the level of risk involved in the use of chemical irritant grenades may vary depending on their explosive energy. Chemical irritant sprays also present a risk from the pressure of the contents, the solvents used or whether solid agent is expelled – all of which could potentially cause eye injuries. Despite their widespread use by law enforcement around the world, there currently exist no international standards which effectively regulate the chemical agent concentration, quantity delivered or design of chemical irritant weapons82. As such, in order to ensure that chemical irritant weapons can be used in accordance with international human rights standards, it is essential that they are rigorously and independently tested prior to their selection, procurement and deployment. At a minimum, these tests should assess the risks posed to the target, for example through the toxicity and quantity of the irritants used; the accuracy and kinetic energy of projectiles; or the explosive energy of grenades where appropriate. Assessments should also be made to determine the risk and effects on individuals or groups who may be especially vulnerable, such as children, the 29