In today’s edition of the Solomon Times Online publication, it said the Prime Minister Hon. Manasseh Sogavare and a number of his cabinet ministers today attended a weapons capability demonstration hosted by the Australian Federal Police at the Tenaru Rifle Range.
The article went on to say how the demonstration was phased, and I quote but using some words in the past tense.
Phase one was a public order simulation that demonstrated less lethal weapons, and then after a proclamation, the use of lethal force against a target.
The second phase was a practical demonstration and display of weapons.
Third phase was a controlled demonstration of the M4 5.56 mm weapon varied by the AFP SO operatives in Honiara.
The demonstration was to show how the M4 5.56 mm rifle capability will be incorporated into the PRT next year.
This follows the successful delivery of the M4 5.56 mm rifle program as part of the RSIPF Phase II rearmament.
Source: GCU
End of quote.
I read the article with much interest and would like to add, respectfully, a few comments specifically about the M4 5.56 mm rifle and on crowd control tactics in general.
Firstly, the M4/M4A1 5.56mm Carbine is a lightweight, gas operated, air cooled, magazine fed, selective rate, shoulder fired weapon with a collapsible stock. It is now the standard issue firearm for most units in the U.S. military.
The weapon is a lethal weapon and it is unclear to what extend the carbine has been varied by the Australian Federal Police (AFP)
In the first phase of the demonstration in respect of a public order simulation less lethal weapons were reported to have been demonstrated and the use of a proclamation, after which ‘the use of lethal force against a target.”
I would like to know the exact wording of the ‘proclamation’ and the definition of “a target.”
An order to disperse is usually part of the wording of a proclamation (such as printed on a banner displayed by the police deployed in dealing with public order incidents, or an order to disperse given out by a loud speaker and spoken by a senior police officer, usually the officer in command of the police deployment. The wording on the banner must be written in words that the demonstrators/protestors clearly understand. In the Solomon Islands that would include words written in the local lingua fraca.
What were the weapons of less lethal force demonstrated to the Prime Minister and some of his Cabinet colleagues?
“Target” to my way of thinking could include a person or persons.
My views on use of minimum force are well known and accord to international laid down standards.
In the lead up to the period now referred to as the “The Tensions,” or Ethnic Troubles.” I submitted a full report to the then SIAC led government on the proposal to acquire and use “less lethal weapons,” but it was ignored by the administration and left the police with sophisticated and lethal weapons on issue at that time to the NRSF personnel. Many of such weapons were subsequently stolen from the central police armoury (in the years after I had left the Solomon Islands) and fell into the hands of those who began fighting as militants.
Unless I am wrong, The Right to Assemble is provided for in the Constitution of the Solomon Islands, namely all citizens have the right to assemble peacefully and without arms. This right is subject to reasonable restrictions in the interest of the sovereignty and integrity of SI and public order.
The police have a duty to facilitate citizens exercising their fundamental right of public assembly. At the same time, living in democracy requires the observance of certain rules, to allow the State to discharge its responsibility of maintaining peace and security for everyone at all times.
There is always the possibility that a public rally will become unruly (and there is past proof of such happenings in the Solomon Islands) which can mean damage to life and property. This is when a public assembly becomes unlawful which is defined in the SI Penal Code. Under such circumstances, the police are permitted to disperse the crowd to prevent injuries or damage. This may entail the use of force in a controlled and specified manner.
The principle governing the use of force as explained in the law and in all police procedures remains constant: Force should only be used when it is absolutely necessary, it should be minimum and proportional to the situation and its use should be discontinued as soon as the danger to life and property subsides.
The Police Code of Conduct, (which I drafted in 1997 and laid out in Standing Orders, as far as practicable, requires methods of persuasion, advice and warning. If however, the use of force becomes unavoidable then only the irreducible minimum force required in the circumstances should be used.
Use of force can only be resorted to if an unlawful assembly or an assembly of five or more people (likely to disturb public peace) does not disperse on being ordered to or shows a determination not to disperse.
As a responsible member of the international community, the Solomon Islands is bound by United Nations standards, which are the basis of many of SI laws and regulations.
To reiterate, the UN Basic Principles state that the use of force in dispersing non-violent unlawful assemblies should be avoided and if that is not possible, then minimum force should be used
In the case of violent unlawful assemblies, firearms should only be used if less dangerous means are not available and only to the minimum extent necessary.
To end, I would add in some countries, especially in the United States, legislation has been passed to create statewide standards and regulations for law enforcement on the use of projectile weapons and chemical agents in crowd control situations.
The legislation also makes it clear that such methods can only be used by officers who have trained in those methods, that warnings must be given before using those methods against protesters, that time needs to be given for the crowd to disperse after warnings, that incidental impact on unintended targets (bystanders, medical personnel, journalists) must be kept at a minimum, that help and medical assistance for those hurt or in distress must be made, and that projectiles must not be aimed at the head, neck, or other vital areas of the body.
Yours sincerely
Frank Short
