• Make publicly available details of how the criteria used to assess the appropriateness of exports are evaluated, including sources used. • Publish regular activity reports on the import and export of law enforcement equipment and technical assistance. These reports should include information on the number of applications received, the items involved, the country of destination and the proposed end-user, the outcome of each application, and the total value of the transfer. Omega calls on APEX and ABIMDE to: • Work closely with Brazilian companies to ensure compliance with local regulation when participating in international arms exhibitions. Omega calls on companies involved in the production and trade of law enforcement equipment to: • Put in place robust due diligence mechanisms to assess actual and potential human rights impacts resulting from the production and/or trade of law enforcement equipment, integrate and act upon the findings, track responses, and communicate how any impacts are being addressed. Omega calls on companies involved in the organisation and hosting of law enforcement and security trade events to: • Develop and implement procedures and policies to prevent the promotion of inherently abusive equipment at their events. 70  ENDNOTES 1 The focus of this report is limited to the analysis of the manufacture, trade and use of the types of law enforcement equipment and weapons listed above. The report does not provide analysis of other types of equipment which are used by law enforcement agencies, such as surveillance equipment or vehicles. 2 Markets and Markets, “Less-Lethal Ammunition Market”, <https://www.marketsandmarkets.com/MarketReports/less-lethal-ammunition-market-252593903.html> [accessed July 9 2020] 3 United Nations, ‘United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (UN BPUFF)’, Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990, <https://www.ohchr.org/en/ professionalinterest/pages/useofforceandfirearms.aspx> [accessed 9 July 2020] 4 Ibid. Article 2. 5 The term “less-lethal weapons” has now been widely adopted in recognition of the fact that any weapon can cause serious injuries or death, depending on the circumstances of use. Nonetheless, the use of the term “non-lethal” remains common in Latin America. For more information, see: ICRC, ‘The Use of Weapons and Equipment in Law Enforcement Operations’, ICRC, May 2020, <https://www.icrc.org/en/document/use-weaponsand-equipment-law-enforcement-operations> 6 This report distinguishes between equipment which can have a legitimate role in law enforcement and inherently abusive equipment. Unlike other types of law enforcement equipment, the use of inherently abusive equipment is unacceptable regardless of the context in which they are deployed. Examples of inherently abusive law enforcement equipment include, direct contact and body-worn electric shock weapons, thumb and finger cuffs, spiked batons and spiked shields. For more information and further examples of inherently abusive law enforcement equipment see: Omega Research Foundation, ‘Visual Glossary of Military, Security and Police Equipment’, (undated), <https://omegaresearchfoundation.org/ visual_glossary?search_api_language=en> 7 UN General Assembly, ‘Resolution adopted by the General Assembly on 17 December 2015’ (A/70/489/ Add.1) 17 December 2015, <https://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/70/146> 8 Office of the United Nations High Commissioner for Human Rights (OHCHR), ‘Guidance on Less-Lethal Weapons in Law Enforcement’, 2020, <https://www.ohchr.org/Documents/HRBodies/CCPR/LLW_Guidance.pdf>, paragraph 4.7.1 9 Council of the European Union, ‘Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment’, <https://op.europa.eu/en/publication-detail/-/publication/e7749622-48ca-4339-a7e092b363c975cb/language-en> 10 The 1992 Chemical Weapons Convention uses the term “riot control agents”, defined as “Any chemical not listed in a Schedule, which can produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure.” Art. II(7), 1992 Chemical Weapons Convention. The use of this term is avoided in this report because it is inaccurate and pejorative to refer to all public assemblies as riots, and the term overlooks the fact that chemical irritants are also used for purposes other than crowd control. 11 According to the American Academy of Paediatrics, ‘Children are uniquely vulnerable to physiological effects of chemical agents. A child’s smaller size, more frequent number of breaths per minute and limited cardiovascular stress response compared to adults magnifies the harm of agents such as tear gas.’ Colleen A. Kraft, ‘AAP Statement in Response to Tear Gas Being Used Against Children at the U.S. Southern Border’, American Academy of Paediatrics, 26 November 2018, <https://www.aap.org/en-us/about-the-aap/aap-press-room/Pages/ AAP-Statement-in-Response-to-Tear-Gas-Being-Used-Against-Children-at-the-U-S-Southern-Border.aspx> [accessed 09 December 2019]. 12 OHCHR recommends the law enforcement officials ‘never use riot control agents against persons who are restrained or confined to a place where they have no escape routes from the chemical... (and) never use riot control agents in confined spaces or expose the same targets to riot control agents several times during a short time period’. See OHCHR, ‘Human Rights and Law Enforcement, A Manual on Human Rights Training for Law Enforcement Officials’, 2017, chapter 5 13 MNPCT, ‘Relatório De Missão A Unidades De Privação De Liberdade Do Estado Do Mato Grosso’, September 2017, <https://www.gov.br/mdh/pt-br/acesso-a-informacao/participacao-social/sistema-nacional-de-prevencao-ecombate-a-tortura-snpct/mecanismo/relatorio-mato-grosso-2017/> [accessed 05 March 2020] 14 SPT, ‘Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to Brazil Report on visit to Brazil’, CAT/OP/BRA/1, 05 July 2012, para. 128, <https://undocs.org/CAT/OP/BRA/1> [accessed 03 July 2020] 15 Folha Press, ‘Secretário diz que utilização de gás por PM no Metrô ‘não era necessária’, 30 January 2015, <http://g1.globo.com/sao-paulo/noticia/2015/01/secretario-diz-que-utilizacao-de-gas-por-pm-no-metro-nao-eranecessaria.html> 71