PPP Governments moved away from Jagan’s vision and commitments

Oct 21, 2012 AFC Column, Features / Columnists

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At the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders held in Cuba, 27 August to 7 September 1990, it was recognised that law enforcement is critical to a well functioning society and that law enforcement officers must be guided by the principles as guaranteed in the Universal Declaration of Human Rights and reaffirmed in the International Covenant on Civil and Political Rights.
Speaking at the United Nations Plenary debate on the 45th Anniversary of the Declaration of Human Rights on December 10, 1993, Ambassador at Large Janet Jagan said, “They knew that human rights and peace were indivisible and that in order to safeguard these rights it was essential to have universal principles of lasting validity. Yet four decades and five years later, violations of human rights continue to weigh upon the conscience of humanity and the United Nations. Day after day, without a ceasing moment, in many parts of the world, flagrant abuses are committed. The record of human rights in our time is besmirched by summary executions, arbitrary arrests, disappearances and torture, the killing of defenceless demonstrators and detention for reasons of belief or conscience.”
She added, “Guyana cannot remain indifferent to such outrages against the most fundamental concepts of justice and human dignity. These are attacks against each and every one of us. We cannot waiver in our solidarity nor give way in our struggle to ensure the freedom and dignity of our fellow man. Human rights can only be guaranteed when they help shape and are interwoven into the legal fabric and political practices of our society. Guyana is proud since the election of its new Government in October 1992 to have affirmed by its quick action, its unswerving commitment to the promotion and protection of human rights.”
The meaning of those words said by Mrs. Jagan died with her. As recent events, especially where the Guyana Police Force was involved, clearly show Guyana’s violation of these basic human rights.
The UN Congress, in Cuba in 1990, agreed on some basic principles to assist Member States in their task of ensuring and promoting the proper role of law enforcement officials. The AFC with some abridgement restates some important ones here. We beseech our officers to pay heed to them.
General provisions
“2. Governments and law enforcement agencies should develop a range of means as broad as possible and equip law enforcement officials with various types of weapons and ammunition that would allow for a differentiated use of force and firearms. These should include the development of non-lethal incapacitating weapons for use in appropriate situations, with a view to increasingly restraining the application of means capable of causing death or injury to persons…
4. Law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force and firearms. They may use force and firearms only if other means remain ineffective or without any promise of achieving the intended result.
5. Whenever the lawful use of force and firearms is unavoidable, law enforcement officials shall:
(a) Exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved;
(b) Minimize damage and injury, and respect and preserve human life;
(c) Ensure that assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment;
(d) Ensure that relatives or close friends of the injured or affected person are notified at the earliest possible moment.
6. Where injury or death is caused by the use of force and firearms by law enforcement officials, they shall report the incident promptly to their superiors, in accordance with principle 22.
7. Governments shall ensure that arbitrary or abusive use of force and firearms by law enforcement officials is punished as a criminal offence under their law.
8. Exceptional circumstances such as internal political instability or any other public emergency may not be invoked to justify any departure from these basic principles.
Special provisions
9. Law enforcement officials shall not use firearms against persons except in self-defence or defence of others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime involving grave threat to life, to arrest a person presenting such a danger and resisting their authority, or to prevent his or her escape, and only when less extreme means are insufficient to achieve these objectives. In any event, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life.
10. Law enforcement officials shall identify themselves as such and give a clear warning of their intent to use firearms, with sufficient time for the warning to be observed, unless to do so would unduly place the law enforcement officials at risk or would create a risk of death or serious harm to other persons, or would be clearly inappropriate or pointless in the circumstances of the incident.
11. Rules and regulations on the use of firearms by law enforcement officials should include guidelines that:
(a) Specify the circumstances under which law enforcement officials are authorized to carry firearms and prescribe the types of firearms and ammunition permitted;
(b) Ensure that firearms are used only in appropriate circumstances and in a manner likely to decrease the risk of unnecessary harm;
(c) Prohibit the use of those firearms and ammunition that cause unwarranted injury or present an unwarranted risk;
(d) Regulate the control, storage and issuing of firearms, including procedures for ensuring that law enforcement officials are accountable for the firearms and ammunition issued to them;
(e) Provide for warnings to be given, if appropriate, when firearms are to be discharged;
(f) Provide for a system of reporting whenever law enforcement officials use firearms in the performance of their duty.
Qualifications, training and counselling
18. Governments and law enforcement agencies shall ensure that all law enforcement officials are selected by proper screening procedures, have appropriate moral, psychological and physical qualities for the effective exercise of their functions and receive continuous and thorough professional training. Their continued fitness to perform these functions should be subject to periodic review.
19. Governments and law enforcement agencies shall ensure that all law enforcement officials are provided with training and are tested in accordance with appropriate proficiency standards in the use of force. Those law enforcement officials who are required to carry firearms should be authorized to do so only upon completion of special training in their use.

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