African Commission on Human and Peoples’ Rights
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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
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