MISSING PIECES - Inter-Parliamentary Union

MISSING PIECES
civilian access to firearms could well be that the proposal failed to address
in parallel the improvement of law enforcement. The majority of the
population felt that giving up their guns altogether would have left them
vulnerable, fears that could perhaps have been alleviated by simultaneous
reforms of the security sector. Even trained and well resourced law enforcement
agencies need continuous training to adapt to changing realities,
policies and patterns of violence. In Canada, while the national firearms
legislation had been tightened, police officers acknowledge that adequate
enforcement was hindered by inappropriate training and awareness by the
police corps.
INTERNATIONAL STANDARDS
RELEVANCE TO THE UN PROGRAMME OF ACTION
The justice and security sectors are not a particular focus of the PoA. When
the security sector is mentioned, it is to urge the proper management of law
enforcement weapons stockpiles 9 or to call for the exchange of experience
and training among competent officials, including police and intelligence,
to combat the illicit trade in small arms. 10 The PoA nonetheless encourages
states and international and regional organisations to assist interested states
in building their capacity in the area of law enforcement. 11
A number of international instruments and standards provide mechanisms
that can decrease firearm-related insecurity caused by police and other
justice and security sector actors. Most prominent among them are the
UN Code of Conduct for Law Enforcement Officials (UN Code of Conduct) 12 ,
and the UN Basic Principles on the Use of Force and Firearms (UN Basic Principles)
13 (see Annex 5 for other relevant provisions of international law).
Adopted in 1979, the UN Code of Conduct outlines two key concepts
that should govern the use of force and firearms by law enforcement officers:
necessity and proportionality. It states that ‘[l]aw enforcement officials
may use force only when strictly necessary and to the extent required for
the performance of their duty’. The supporting commentary to the UN Code
of Conduct indicates that such force should never be ‘disproportionate to
the legitimate objective to be achieved’. 14
Adopted in 1990, the voluntary UN Basic Principles were the product
of distilled best practices and civil society input, especially from human
rights advocates. Among the provisions of the UN Basic Principles are
requirements for law enforcement officials to:
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