A/HRC/26/36
for the protection of the right to life, given the irreversibility of its violation. National and
local laws play an important role in defining the understanding by law enforcement officials
and the population alike of the extent of the police powers, and the conditions for
accountability. As such, there is a strong need to ensure that domestic laws worldwide
comply with international standards. It is too late to attend to this when tensions arise.
30.
This is obviously not to say that once proper domestic laws are on the statute books
the protection of the right to life is guaranteed. Implementation is in many instances
lacking. However, the focus of this report is not on implementation. Instead, its ambitions
are confined to a necessary but insufficient component of protecting the right to life – the
question whether appropriate domestic laws on the use of force are in place. In particular,
the report seeks ways to contribute towards law reform in those States that are most out of
line with the international standards as a first step towards greater global protection of the
right to life.
31.
While many States have reformed their laws during the last few decades to give
greater expression to the international rules and standards, in others the laws in force today
date (in form or in substance) from the pre-human rights era – in particular from colonial
times4 – or form part of the legacy of former dictatorial regimes.
32.
Moreover, in some cases progress that has been made is under threat. For example,
in Peru, a January 2014 law grants exemption from criminal liability to law enforcement
officials who cause injury or death in the performance of their duties through the use of
weapons, or any other means.5 In Kenya, a law that incorporates most of the international
requirements risks being repealed.6 In particular, the threat of terrorism is used to legitimize
far-reaching infringements of civil liberties during protest.7 There is also a danger that laws
such as the one recently adopted by Honduras entitling the State to shoot down civilian
airplanes may be used to violate the right to life, for example in the name of drug control.8
33.
This report – building on earlier reports that explored some of the same issues9 –
makes the case for the need for ongoing legal reform, in States across the world, to bring
domestic laws on the use of force into conformity with international law.
34.
The Special Rapporteur intends to remain involved in this issue for the rest of his
term as mandate-holder, and wants to express his willingness to provide or arrange
assistance to States who want to take this issue forward.
B.
Methodology, limitations and sources
35.
The legislation of 146 countries was considered for the purposes of this report. In
September 2013, the Special Rapporteur sent out a note verbale to all permanent missions
of United Nations member States represented in Geneva, informing them of the upcoming
report and asking them, in order to ensure that their domestic laws are accurately
represented, to provide him with copies of their national laws on the use of force. He
4
5
6
7
8
9
6
The British Riot Act of 1714, for example, served as a model for many former British colonies. In the
case of France, the Loi du 7 juin 1848 sur les attroupements (modified in 1943) was likewise copied
in overseas territories.
Law 30151 (2014).
National Police Service (Amendment) Bill, 2013 and National Police Service Commission
(Amendment) Bill, 2013.
See http://www.bbc.co.uk/portuguese/noticias/2014/02/140213_leis_protestos_pai.shtml (in
Portuguese).
See http://www.reuters.com/article/2014/01/18/us-honduras-drugs-idUSBREA0H04920140118.
A/66/330 and A/HRC/17/28.
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