MISSING PIECES - Inter-Parliamentary Union

THEME 7
• resort to force and the use of guns only when non-violent means are
ineffective or without promise of achieving intended results;
• exercise restraint in the use of force and firearms and act in proportion
to the seriousness of the offence;
• minimise damage and injury, and respect and preserve human life;
and
• report any incidents where injury or death is caused by the use of force
and small arms by law enforcement officials.
In addition, the UN Basic Principles state that governments must ensure
that arbitrary or abusive use of force and firearms by law enforcement
officials is punished as a criminal offence under the law, and that exceptional
circumstances, such as internal instability or public emergency, may
not be invoked to justify departure from the UN Basic Principles.
“The 114 th Assembly of the Inter-Parliamentary Union . . . urges parliaments
to adopt and enforce national legislation incorporating the two
instruments that provide the most specific guidance regarding States’
obligations to prevent misuse: the United Nations Code of Conduct for
Law Enforcement Officials and the United Nations Basic Principles on
the Use of Force and Firearms by Law Enforcement Officials.”
—IPU resolution, 114th Assembly, 12 May 2006 , para. 11
Whether the standards are also implemented in a way that is actually
felt on the ground is unfortunately not self-evident. Few systematic reviews
of adherence to the instruments have taken place. The most detailed was
a 1996 questionnaire to states from the UN Commission on Crime Prevention,
which indicated a wide variety of practices. 15 The final compiled
report found that, while most states reported that they applied the principles,
some were clearly not in compliance with UN Code of Conduct
guidelines on police training in the use of force. Similarly, some nations
only applied the UN Basic Principles in certain cases, or left their application
to the discretion of police supervisors. 16 Given that this survey was
based on self-reporting, it is likely that it understates the level of noncompliance.
The Small Arms Survey found that the UN Code of Conduct and UN
Basic Principles are imperfectly and partially reflected in national legislation
around the world. 17 Laws and practices on the use of force by police
in many African, Asian, and Caribbean countries seem to ‘derive from
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