Dissent stands as a historical foundation for social change, but the practice often yields hostile opposition from law enforcement. Considered to be efficient tools for crowd-control, projectiles like rubber bullets, amongst other “less lethal” weapons, have maimed countless protestors, causing physical and psychological harm. As changemakers continue to pursue political and social transformation, calls for a Torture-Free Trade Treaty must be renewed to prevent the manufacturing and trade of law enforcement equipment that is inherently dangerous to civilians.

Kinetic Impact Projectiles

One of the earliest uses of rubber bullets took place in 1972 in Northern Ireland and wounded a child, permanently blinding him. This 10-year-old boy from Derry was hit by a kinetic impact projectile (KIP), which was debuted by the British Army during the Troubles. KIPs became prominent during protests against the Vietnam War in the United States and have expanded across the globe. Although their use is widespread, KIPs are an inappropriate tool for crowd-management.

Covered with a thin layer of rubber, these bullets can cause life-altering injuries, disability, and in some cases, death. Ocular trauma, or damage of the eye, has become a prevalent wound for protestors. Images of the bleeding eyes of protestors have reinvigorated conversation about the dangerous use of KIPs, leading to more concerted action to outlaw them.

Violating the Right to Peaceful Assembly: A Worldwide Phenomenon

Despite the signing of the Universal Declaration of Human Rights (UDHR) by all 193 member states of the United Nations, consistent violations of its contents have occurred since its drafting. Though peaceful assembly is protected by article 20 of the UDHR, nonviolent protestors are regularly met with excessive force from law enforcement. Further, the International Covenant on Civil and Political Rights recognizes the right to peaceful assembly in Article 21. This is a legally binding document with 174 state parties that must comply with its provisions, subject to certain Reservations, Understandings, and Declarations (RUDs) presented prior to their ratification of the treaty.

There is great diversity in the styles and intensity of protests in different contexts, but it is commonplace for efforts to confront repressive state policies to be labeled aggressive no matter the level of public disruption. Police violence against protestors only enhances feelings of anger and frustration, pushing people towards acts of desperation. It has become frighteningly clear that, whether escalated or nonviolent, protests will receive brutal opposition.

For states who have legal obligations to protect peaceful assembly, this should be a source of great concern. When a civilian population produces signs of unrest, it is often because they lack the means to survive and do not experience a high quality of life. The level of protest intensity must draw governments to consider the severity of the circumstances, rather than becoming a justification for violence.

Advocates Call for a Torture-Free Trade Treaty

In response to the routine misuse of KIPs as a method of crowd-control, advocates around the world are working to establish a Torture-Free Trade Treaty. In 2017, Amnesty International and the Omega Research Foundation collaborated on a report describing the tools used to inflict torture, which included KIPs. Dr. Alice Edwards, the Special Rapporteur on Torture, recommended a Torture-Free Trade Treaty in her 2023 report on torture and other inhuman or degrading treatment or punishment. In the forty years since the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was adopted (UNCAT), survivors of torture have been speaking out about their experiences, urgently demanding for measures to protect people from harm and provide the necessary redress for those who have lived through this treatment.

A Torture-Free Trade Treaty would reduce the risk of excessive force by limiting accessibility to weapons like KIPs. It is time for the United Nations to take more decisive action to protect people from inhumane treatment, which includes harsh punitive measures inflicted on protestors.

Even with reforms, the desire for social change may never disappear. Protest will continue to be a relevant and impactful method of seeking progress, so it is paramount that world leaders defend this fundamental right and create the necessary legal protections for those engaging in demonstrations.