African Commission on Human and Peoples’ Rights \21 20.5. Resort to force must only be made if and when other, less harmful, means of de-escalation have failed. The use of force by law enforcement officials must be in strict compliance with Guideline 21 and other regional and international human rights standards. 21. Use of force and firearms 21.1. General principles 21.1.1. The use of force and firearms by law enforcement officials must be regulated under national law in conformity with General Comment No. 3 on the African Charter on Human and Peoples’ Rights on the Right to Life (Article 4) and other relevant regional and international human rights standards. 21.1.2. The use of force is an exceptional measure. In carrying out their duties, law enforcement officials shall, as far as possible, apply non-violent methods before resorting to the use of force and firearms. Force and firearms may only be used if other means of achieving a legitimate law enforcement objective are ineffective or unlikely to be successful. Law enforcement officials must, as far and for as long as possible, differentiate between peaceful assembly participants and those who engage in violent acts. An assembly should be deemed peaceful if its organisers have expressed peaceful intentions, and if the conduct of the assembly participants is generally peaceful. ‘Peaceful’ shall be interpreted to include conduct that annoys or gives offence as well as conduct that temporarily hinders, impedes or obstructs the activities of third parties. Isolated acts of violence do not render an assembly as a whole non-peaceful. 21.1.3. Where the use of force is unavoidable, law enforcement officials must minimise damage and injury, respect and preserve human life, and ensure at the earliest possible moment that assistance is rendered to any injured or affected person and that their next of kin is notified. 21.1.4. The intentional use of lethal force by law enforcement officials and others is prohibited unless it is strictly unavoidable in order to protect life, thus making it proportionate, and all other means are insufficient to achieve that objective, thus making it necessary. Assessment of legality, necessity and proportionality should be based on the relevant facts with a requirement for reasonable grounds, rather than mere suspicion or presumption, of risk or harm. 21.2. Operational Procedures 21.2.1. In the planning, preparation and conduct of an assembly operation, tactical and other measures must be taken to avoid the use of force and, where force is unavoidable, to minimise the harmful consequences of the use of force. If the use of force is necessary and proportionate, but the need for force could reasonably have been prevented from arising in the first place by exercising all precautions in planning and preparation for an assembly operation, operational commanders must be held accountable. 21.2.2. Whenever law enforcement officials resort to the lawful use of force or firearms, officials shall: 21.2.2.1. Exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved; APCOF Guidelines on policing assemblies TEXT.indd 21 12/04/2017 17:07:44