A/HRC/2/2
A/HRC/Sub.1/58/36
page 69
4.
In order to further prevent the violation of human rights committed with small arms and
light weapons, Governments and State agents shall establish and maintain adequate and detailed
procedures for the proper storage and management of small arms and light weapons, including
ammunition. Governments shall actively pursue the collection, safe storage, destruction and
responsible disposal of surplus small arms and light weapons.
5.
Governments and State agencies shall ensure that all law enforcement officials are
selected by proper screening procedures, have appropriate moral, psychological and physical
qualities for the effective exercise of their functions and receive continuous and thorough
professional training on the acceptable conditions for the use of force in conformity with these
principles. Those State agents who are permitted to carry small arms and light weapons shall be
authorized to do so only upon completion of special training regarding the limitations on their
use. The compliance of State agents with rules and regulations on the use of force and small
arms and light weapons shall be subject to regular review.
6.
In the training (at national or international level) of State agents, especially law
enforcement officials, Governments and State agencies shall give special attention to the
promotion and protection of human rights as a primary duty of all State agents. Governments
shall design training programmes to emphasize alternatives to the use of force and small arms
and light weapons, including the peaceful settlement of disputes, the understanding of crowd
behaviour, and the methods of persuasion, negotiation and mediation, with a view to limiting the
use of force and small arms and light weapons.
7.
In the planning of specific operations and tactical situations, Governments and State
agents shall include alternative means of settlement without recourse to force and small arms and
light weapons.
8.
In honouring the right to life, liberty and security of person, as guaranteed in the
Universal Declaration of Human Rights and reaffirmed in the International Covenant on Civil
and Political Rights, the intentional lethal use of small arms and light weapons may only be
made when strictly unavoidable in order to protect life. State agents, including law enforcement
officials, shall not use small arms and light weapons against persons except in self-defence or
defence of others against the imminent threat of death or serious injury, to prevent the
perpetration of a particularly serious crime involving grave threat to life, to arrest a person
presenting such a danger and resisting their authority, or to prevent his or her escape, and only
when less extreme means are insufficient to achieve these objectives.
9.
Governments and State agencies shall establish effective reporting and investigative
procedures to ensure that all incidents involving the misuse of small arms and light weapons by
State agents, including law enforcement officials, are reviewed and acted upon by independent
and competent authorities. There shall be a thorough, prompt and impartial investigation, and
appropriate corrective measures taken, in all cases of death, torture, other ill-treatment or injury
involving the use of small arms and light weapons by State agents. In addition to determining
the cause, manner and time of death, torture or injury, and the persons responsible, all
investigations should identify the type of weapon(s) used in the incident.
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