The authors support the findings of the UN Special Rapporteurs and the work of
OHCHR in this area and consequently recommend that:
Before the selection, procurement or deployment of equipment, including lesslethal weapons, by law enforcement agencies, States should subject such
equipment to a transparent and independent assessment to determine
compliance with international human rights law and standards. In particular,
equipment should be assessed for accuracy, consistency, reliability and its ability
to minimize physical and psychological harm. Equipment should be procured
only where there is sufficient capacity to train officers effectively on its proper
use;
Specific regulations and detailed operational guidance should be developed and
publicly disseminated on the use of tactical options in assemblies, including
weapons, which, by design, tend to be indiscriminate, such as tear gas and water
cannon. Training must be human rights based and encompass the lawful and
appropriate use of less-lethal equipment in crowds. Law enforcement officials
should also be properly trained on protective equipment and clearly instructed
that such equipment should be used exclusively as defensive tools.
States should monitor the effectiveness of the training in the prevention of abuse
or misuse of weapons and tactics; States should ensure that their laws governing
the use of force by law enforcement officials are fully compliant with
international human rights laws and policing standards.
States should declare publicly which less lethal weapons and devices are
permitted for use, publish the testing results of each type of equipment, as well as
policies, procedures and guidance for their lawful and appropriate use. The use
of non-standard or personal weapons should be prohibited.
States should collect and disseminate data on use of force in a timely and regular
manner. Data should include weapons and devices used and any injuries or
deaths caused, and be of sufficient detail to allow a meaningful analysis of
compliance with laws and standards.
The UN Office of the High Commissioner for Human Rights together with the
UN Office on Drugs and Crime, establish an international, independent panel of
experts to examine the questions of use of force and less lethal weapons, with a
view to establishing international standards om the design, development, testing
and use of such weapons, and in furtherance of reducing the need for law
enforcement personnel to use any kind of force at all.
4.2 Regulating the trade in less lethal weapons
The increasing number and diverse locations of companies manufacturing, promoting and
trading in less lethal weapons and equipment poses a challenge for trade control regimes to
ensure that such equipment is not transferred to end users who may use it in violation of
international human rights law and policing standards including for torture or other illtreatment. Traditionally less lethal weapons and ammunition manufacture has predominately
taken place in countries with established arms and dual-use export control regimes, including
EU member states and the USA. However even in these States it must be recognised that only
certain, but by no means most, less lethal weapons and related ammunition are effectively
regulated. For example the majority of traditional producers of less lethal weapons are in
countries that are Member States of the Wassenaar Arrangement, a grouping of 42 countries
that seeks to regulate trade and prevent proliferation of certain dual use goods and
technologies. Unfortunately the WA is a voluntary regime and only covers a limited range of
less lethal weapons within its control lists.lxvii For example whilst some explosive grenades
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