African Commission on Human and Peoples’ Rights \23 jackets and other equipment and less-lethal weapons. Any equipment or weaponry provided to law enforcement officials must have been independently tested and verified for accuracy, reliability and suitability to crowd management situations and must comply with regional and international human rights standards. 21.3.2. The use of remote-controlled less lethal weapons for the policing of assemblies is discouraged, and their procurement by State Parties must be subject to independent review of their compliance with regional and international human rights standards. If such weapons are used, law enforcement officials must be trained in the use of such equipment, remain actively in control of the delivery of force, limit the use to circumstances in which it is justified, reasonable, proportionate and necessary, and use the equipment in a manner that minimises the risk of physical or mental harm to all persons. 21.3.3. Firearms should only be used in compliance with the African Commission’s General Comment No. 3 on the African Charter on Human and Peoples’ Rights on the Right to Life and Principle 9 of the UN Basic Principles on the Use of Force and Firearms. 21.3.4. Law enforcement officials must receive training on the lawful, proportionate and necessary use of force and on alternatives to the use of force, such as understanding crowd behaviour and techniques in crowd facilitation and management, deescalation and a graduated response to tension or violence, and on first aid. 21.3.5. Law enforcement officials should be subject to internal and external systems of monitoring and mandatory reporting on the use of force. 22. Dispersing assemblies 22.1. The dispersal of assemblies should be a measure of last resort, and law enforcement officials must act on the presumption that although they have powers to intervene in an assembly, they should only do so in circumstances in which it is legal, necessary, proportionate and non-discriminatory to do so. 22.2. If assembly participants are generally behaving peacefully, law enforcement officials must avoid the use force to disperse the assembly. Where force is deemed to be a lawful and proportionate response, law enforcement officials must only use the minimum level of force necessary. 22.3. Where participants in an assembly are acting non-peacefully or in violation of the law, law enforcement officials should use, to the extent possible, communication and de-escalation strategies and measures for the containment of individuals committing or threatening violence or, if necessary and proportionate, the arrest of individuals who are committing or preparing to commit violent acts, before attempting to disperse an assembly. 22.4. When the dispersal is unavoidable, lawful, proportionate and necessary, law enforcement officials must clearly communicate an intention to disperse the assembly to participants, and provide participants with a reasonable opportunity to disperse voluntarily, before taking any action. Force must never be used against peaceful demonstrators who are unable to disperse from the assembly. 22.5. The authority to issue an order for dispersal should be limited to operational commanders who are present at the operation or to well-informed officers on the ground. Such orders should only be given in situations where there is a serious, widespread and imminent threat APCOF Guidelines on policing assemblies TEXT.indd 23 12/04/2017 17:07:44

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