A/HRC/44/24
not be developed or put into operation unless it has been established that their use conforms
to international human rights law.102 Special rapporteurs have further recommended that fully
autonomous weapons systems that employ lethal or less-lethal force without meaningful
human intervention once deployed should never be used for law enforcement during an
assembly.103
46.
Lack of proper training on the use of less-lethal weapons is also a major concern. Such
training is needed to ensure that these weapons are not used in a way that gives rise to
unintended, harmful and sometimes lethal consequences for protesters and bystanders. 104
Given that less-lethal weapons can become lethal or cause serious injury, law enforcement
officials must be properly trained in their use. 105 The Special Rapporteur on extrajudicial,
summary or arbitrary executions, noting that protesters and bystanders have been wounded
or killed following the use of less-lethal weapons, called for law enforcement officials to be
trained on each type of device provided to them. In some cases, licences may be required for
specific devices.106
47.
The absence of adequate provisions in national law regarding the use of less-lethal
weapons, including on the type and scope of technologies that can be acquired and used for
national security purposes, is another cause for concern. 107 Only 12 States are reported to
have specific laws on their use. 108 Increasingly, advanced technologies require a more
detailed national regulatory framework and guidance on the development and use of new
less-lethal weapons, including on how to ensure respect for human rights in their use. 109 New
law enforcement weapons should be tested prior to their use by a legally constituted,
independent, multidisciplinary and transparent panel of experts that is free of direct
commercial or law enforcement interests. Mandatory monitoring should also be required for
the use of such weapons.110
48.
When making business decisions and entering into business relationships, companies
should apply human rights due diligence to avoid infringing on the human rights of
individuals and should address the potential adverse human rights impacts these decisions
may entail. Business enterprises developing and manufacturing less-lethal weapons should
address the human rights impacts of such weapons. Concerns have been raised about the
development of new less-lethal weapons and ammunition by private companies without a
clearly defined law enforcement purpose and lacking evidence of their operational
advantage.111 Private companies that develop and manufacture less-lethal weapons should
provide information about specific risks these weapons may pose to human rights, be
transparent about technical specifications and conduct safety analyses. 112
VII. Conclusions and recommendations
49.
Given the importance of the enjoyment of the right of peaceful assembly for
democracies, States must ensure that this right can be enjoyed to the greatest extent
possible. Furthermore, States should endeavour to fully understand the causes behind
protests, including structural discrimination, restrictions on fundamental freedoms and
socioeconomic inequalities.
102
103
104
105
106
107
108
109
110
111
112
Human Rights Committee, general comment No. 36, para. 65.
A/HRC/31/66, para. 67.
Contributions of Defensoría del Pueblo de la Nación Argentina, Italy, ODIHR and the Omega
Research Foundation.
Contribution of the Omega Research Foundation.
A/69/265, para. 74.
Contribution of the National Human Rights Institution of Mexico and the Ukrainian Parliament
Commissioner for Human Rights.
https://rightofassembly.info.
A/69/265, para. 73.
Ibid., para. 75.
Contribution of Amnesty International.
See United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents