Small arms and Light weapons

Introduction

South Africa 's transition to democracy coincided with a growing internal and regional problem and heightened concern world-wide about small arms proliferation. South Africa was experiencing the devastating effects first hand with external sources of small arms, mainly from the post-conflict situations in Angola and Mozambique finding their way south. Moreover, the internal position also revealed that a considerable source of illegal small arms was in fact legally registered small arms being stolen or lost. ¹In 1996, 41 287 20104 small arms (mainly pistols, revolvers and rifles) were reported stolen and 1 595 as lost. The impact of small arms proliferation in South Africa also manifested itself in the increased use of such arms in violent crime. Of the 25 782 murder cases reported during a 12 month period in 1996/97, 43% were committed with small arms (pistols, revolvers). Of the 66 163 armed robberies reported in the same period 78.4% were committed with small arms.

South Africa 's objective on the issue of the proliferation of small arms and light weapons has therefore primarily focussed on reducing the number of illegal weapons in circulation nationally and to reduce the flow of weapons into the Southern African region. This has taken place nationally and in the context of SADC but also in the wider realm of the OAU/AU and international efforts where South Africa has played an important and decisive leading role in getting the issue of small arms and light weapons to be addressed and acted upon.

South African position and approach

The stated South African official position in 1998, and still relevant today, is to highlight the problem of unimpeded access to small arms and light weapons within countries, and to the use of these increasing the lethality of crime, violence, banditry and civil disobedience. Regionally, the demobilisation of ex-combatants, disarmament programmes and reductions of military industrial complexes are constrained by the existence of large amounts of poorly regulated and the indiscriminate use of small arms and light weapons. The diffusion of existing stocks and the import of new weapons into Africa and other regions are seen as endangering the democratic pursuits that have thus far been consolidated and negatively influence the ability of governments to govern effectively.

Looking closer to home the challenge for South Africa in addressing the proliferation of small arms has been to marshal the necessary human and financial resources, encourage the sharing of reliable data among national departments and regional partners, co-ordinate action and raise the profile of the issue to gain the support of governments, politicians and non-governmental organisations. Furthermore, the illicit proliferation of small arms is seen to be closely linked to criminal activities and therefore has to be addressed within the context of other initiatives aimed at reducing crime. The position also highlights the close link between licit and illicit weapons claiming that this should be recognised and approaches to addressing the one must relate to the other within countries as well as national initiatives.

The approach for South Africa was therefore to be holistic with concurrent action being taken at national, regional and international levels focussing on both licit and illicit small arms and light weapons.

This approach also incorporated practical measures for co-ordination and co-operation. Nationally these efforts should focus on enhancing legislation and regulation to prevent legal small arms from becoming illegal through criminal activity, improving, as necessary, the regulation on the import, export and transfer of small arms and light weapons, and increasing the control over stocks of small arms and light weapons belonging to the security forces. It was also envisaged that steps be taken to reduce the number of existing weapons through voluntary methods (including programmes of collection and destruction) and increasing the capacity of the security forces to identify, seize and destroy illicit weapons.

Regionally, greater transparency by countries of their transfers of small arms and light weapons was seen as an important confidence-building measure that would lead to long-term gains for regional co-operation and trust. Regarding affected regions it was also felt that countries and regional organisations should take immediate steps to stop the inflow of small arms and light weapons through increased co-operation, harmonisation of transfer procedures, tighter border controls and intelligence sharing. Attention also needed to be focussed on the recirculation of existing stocks throughout the region and appropriate control measures devised, including increased co-operation among governments regionally, joint operations and harmonisation of priorities. Co-operative partnerships should also be established between governments, international and regional organisations and the non-governmental community to mobilise public and political support. It was also felt that the role of the non-governmental community in assisting governments in achieving this support and aiding in the compilation of reliable data regarding small arms and light weapons proliferation in all its aspects had to be fully explored.

Aside from this regional initiative, the South African Government policy objective in 1998 was that an international conference on small arms and light weapons should be held after 1999 to enable governments and regional organisations to share their experiences, and facilitate dialogue. The aim of the conference would be to increase co-operation and avoid duplication of initiatives to ensure that scarce resources were utilised effectively. The conference would formulate an action plan to combat this proliferation problem based upon the experiences of indigenous regional approaches in this regard. Such regional approaches would put in place measures to effectively deal with this issue globally.

The following tier of national, regional and international developments outlines the extent to which the South African vision and approach has materialised.

National efforts

The South Africa Government ² “declared the war against small arms (firearms) proliferation to be a priority for the South African Police” and has been the number one priority of the South A frican Police Service for the last 6 years . The strategy to combat small arms proliferation represents an integral and holistic approach, not only focussing on the introduction of stricter control measures, but also on the eventual removal of casual factors such as unemployment, lack of education, and poverty; to prevent arms in legal possession becoming illegal through theft and robbery; to mop up the existing pool of arms in South Africa , to prevent new stocks entering South Africa from neighbouring states and to educate South Africans concerning the possession of arms.

The following developments are of note:

Legislation

The Firearms Control Act of 2000 (Act No. 60 of 2000) provides for the operational control of all legal firearms stocks in South Africa . Key elements of the Act are: requirements in relation to competency, relicensing of firearms, limitation on the number of firearms for self-defence private possession , the categorisation of types of firearm ownership and strict control of State-owned stocks. The South African Police Service (SAPS) is tasked with the implementation of the Firearms Control legislation, which in turn bears the responsibility to ensure that effective co-ordination takes place with various D d epartments that contribute to the maintenance of the legislation such as Customs and Excise and Trade and Industry. The Act focuses on the civilian possession of small arms and therefore goes further than the United Nations Plan of Action which was concluded in 2001.The National Conventional Arms Control Act (Act No. 41of 2002), contains the requirements that must be adhered to in conventional arms transfers, including small arms and light weapons and regulates issues relating to brokering. The Act marks a concluding chapter to a long passage of development of a framework of arms control policies that had its genesis in the outcome of the Cameron Commission of Enquiry in 1995, after a major arms transfer debacle which embarrassed Government and highlighted unacceptable practices and procedures from the undemocratic past.

Law Enforcement Strategy
The South African Police Service has developed a Firearms Programme based on their own Overall Firearm Strategy which is aimed at going beyond the particular policing and legislative aspects to incorporate the full spectrum of establishing effective firearm control in South Africa . This strategy is based on developing and maintaining appropriate firearm regulators; ensuring effective control processes and procedures regarding firearms; reducing and eradicating the illegal pool and criminal use of firearms; controlling the flow of firearms into and out of South Africa ensuring the prevention of crime and violence through public service awareness, civil awareness and social design; and through regional co-operation.

Law Enforcement Practical Measures
- Firearms Control Information System (FCS)
- The aim of this measure is to provide a centralised mechanism enabling effective management of the relevant business processes pertaining to all firearms and ammunition through their lifespan, from the time of manufacture/import through individual ownership, until such firearms and ammunition are either exported or destroyed. The FCS replaces the previous Firearms Register System. This system could possibly be introduced in neighbouring countries as well as linking databases across the region and enhancing the implementation of the SADC Protocol.
- Marking of firearms
- A confirmed marking process has been agreed between the South African Police Service and South African National Standards. Aspects taken into consideration are the management of firearms manufactured, imported as well as exported from South Africa , . The marking consists of a unique identifying code s for the manufacturer s , and the year in of which the firearm was manufacture d , calibre , make, model and serial number . Together th e s e create a unique identifying marking.
- Tracing of illegal arms
- The South Africa Police Service has developed a specific methodology for tracing firearms which involves specific steps to determine possible criminal intent or involvement.
- Public Awareness on Firearms
- Stricter legislation to reduce and combat the high levels of firearm violence have been followed with the promotion of public awareness and debate focussing particularly on safe handling, owner responsibilities in relation to safekeeping and the protection of children in environments where firearms are stored or kept, as well as communicating the implementation process of the actual firearms legislation.
- Standards for safekeeping of arms
- General minimum requirement standards for safes, strong rooms and safety devices have been re- incorporated into the Firearms Control Regulations to ensure that access is limited to those who are fit and authorised to use and possess firearms.
- Minimum unit standards for competency training
- Standard levels for competency training have been set in terms of new requirements under the firearms control legislation. The competency testing cover s knowledge of the applicable law and the safe handling of the firearm.
Destruction of seized, redundant, obsolete and confiscated small arms
Minister Kader Asmal, chairman of the National Conventional Arms Control Committee, announced in February 1999 that “all surplus small arms owned by government and its various departments would be destroyed in the future rather than sold by tender as before, after Cabinet Ministers serving on the NCACC expressed grave concern about the proliferation of small arms, which they said was having a devastating effect on the socio-economic development and the reconstruction of civil society in Southern Africa”.

This decision, adopted by Cabinet in 2000, marked a significant evolution in policy. While Treasury guidelines had previously dictated the disposal of State property for advantage, exceptions had been made since 1997 when the Police (backed by the Department of Foreign Affairs) received Treasury permission to destroy small arms. ³ “For a country struggling to meet large developmental needs, including housing, health care, education and social services, for the millions of people who had been disenfranchised under apartheid, the decision to forego income for a political determination of what is right is significant”. Kofi Annan, the United Nations Secretary-General, congratulated South Africa on this decision in a letter to President Mbeki in 1999. A Department of Foreign Affairs official was at the time representing South Africa on the United Nations Panel of Experts on Small Arms that had requested States to consider the possibility of destroying surplus weapons. South Africa, having led by example also incorporated an operational clause in the annual resolution it put forward to the United Nations General Assembly on “The illicit trafficking in small arms and light weapons” that urged States to destroy surplus weapons. To date the South African Police Service has destroyed 1 15 711 50 388 small arms and the South African National Defence Force a total of 271 867 small arms and light weapons. Significant funding for this destruction was generously provided by the Norwegian Government. Operation Mouflon, the Defence Force's destruction process, was daunting in scale as it involved an amount of arms that filled 130 shipping containers.
Gun-Free Zones in Schools
Gun-Free South Africa (GFSA) co-operated with the South African Police Force in 2002 to develop a pilot project to promote the concept of schools as gun-free zones. Materials were developed as well as a model to make five schools in South Africa gun-free and a communications campaign launched to assist those involved in the pilot areas to learn from each other.

Regional efforts

The following developments are of note:

Protocol on the Control of Firearms, Ammunition and Other Related Materials in the Southern African Development Community (SADC)

South Africa participated actively within the framework of the SADC Committee on Small Arms and Light Weapons together with other SADC countries during 2000 to obtain agreement on the Protocol which was signed in Blantyre Malawi , in August 2001. The Protocol includes the need for SADC Members to enact minimum national legal measures and to move to the harmonisation of firearms legislation across the region. It includes standards, inter alia, relating to:
- Proper controls over the manufacturing, possession and use of firearms and ammunition;
- Provisions promoting legal uniformity and minimum standards as to the manufacture, control, possession, import, export and transfer of firearms and ammunition;
- Ensuring the standardised marking of weapons at the time of manufacture, export and import;
- Provisions related to brokering;
- Controls and limitation on legal civilian possession of firearms;
- Transparency and information exchange;
- Public awareness programmes;
- The destruction of surplus, redundant or obsolete State-owned firearms, ammunition and other related materials; and
- The establishment of an infrastructure for effective law enforcement.
South Africa deposited its instrument of ratification of the Protocol with the SADC Secretariat on 18 March 2003.
To date nine states have ratified the Protocol and it has entered into force.
It is also important to note that the Seychelles has, for economic reasons , withdrawn from the Protocol with effect from 30 June 2004.

The Southern African Regional Police Chiefs Co-operation Organisation (SARPCO) was the responsible institution for the drafting of the Protocol and they are also responsible for the implementation of small arms measures in the region.
Operation Rachel

South Africa has with donor support provided technical assistance to Mozambique through Operation Rachel, a co-operative project between the police services of South Africa and Mozambique aimed at destroying arms, ammunition, explosives and explosive devices which were used during the civil war in Mozambique . This highly successful cross border operation is seen as a natural extension of efforts to fight urban crime in South Africa by helping to stem the filtering of arms into the country via Mozambique . Since July 2001 approximately 6000 firearms the inception of the operations some 20 000 automatic rifl es , 10 000 rocket launchers, 7000 grenades and 6.1 million rounds of ammunition as well as a large number of explosives and explosive devices have been destroyed.

A key objective in the implementation of the SADC Protocol on Firearms, Ammunition and Related Materials is to achieve the capacity to duplicate the Operation Rachel experience in other war torn African countries (and for that matter any other country in the world) to ensure that redundant weapons are found and destroyed before they find themselves back in circulation.
Destruction of seized, redundant, obsolete and confiscated firearms

Following the smooth implementation of the Operation Mouflon destruction exercise, the South African National Defence Force provided assistance to Lesotho in November 2001 with the destruction of 3,843 small arms and light weapons.
Bamako Declaration on an African Common Position on the Illicit Proliferation, Circulation and Trafficking of Small Arms and Light Weapons

South Africa has played the most influential role in highlighting the problem of small arms and light weapons on the continent by bringing the issue through the formal structures and resolutions of the OAU. South Africa first took the initiative of placing the issue on the agenda of the OAU Council of Ministers in June 1998, the first time the OAU dealt with this issue, and followed up with successive resolutions until the adoption of a decision in Lomé, Togo, in July 2000 establishing the Bamako Ministerial Conference in November 2000 “to facilitate the mapping out of an African common position before the convening of the international conference by the United Nations in 2001”.

South Africa also played a decisive role at the Bamako negotiations which resulted in the adoption of the Declaration by the OAU in December 2000. South Africa had, through its diplomats and civil society representatives, made a significant input into the substance content of the eventual declaration as well as forging a bridging coalition balancing the concerns and interests of the sub-Saharan countries with those of the Northern African States who maintained their own particular security concerns. Dr N C Dlamini Zuma, Minister of Foreign Affairs, stated prior to the adoption of the then draft Declaration that it can be presented ⁴ “to the rest of the world with pride as a position that binds us together in a common quest to rid the continent of the threat of small arms and light weapons”. The Bamako Declaration is significant in its own right and emphasises the high level of commitment by African leaders on the issue. Moreover, the actual content of the Declaration and the partnership it had concretised among African countries proved to be the most decisive negotiating tool and factor at the 2001 United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in all its Aspects. Much of the Bamako Declaration is therefore encapsulated in the outcome of the UN Conference as well as its Plan of Action.

Global efforts

South Africa participated in the two UN Panels of Experts on Small Arms as well as the Panels on ammunition and explosives and the illicit manufacturing and tracing of illicit small arms and light weapons. The latter culminated in the Protocol against the illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime. This Protoc o l contains a list of requirements that states are required to in c lude in their national or administrative regulations. The Protocol requires states to cri minalize certain actions, regulate the confiscation, seizure and disposal of firearms. In addition it contains clauses regulating record -keeping, marking of firearms, deactivation of firearms, export, import and transit requirements , brokering, cooperation and information exchange amongst others.

Ultimately, A a ll of these efforts culminated in the 2001 UN Conference on the Illicit Trade in Small Arms and Light Weapons in all its Aspects. As mentioned previously South Africa had played an active and leading role in the regional efforts to secure a common African position and had positioned itself well to play a significant role in the preparatory meetings to the UN Conference. South Africa had thrown its full weight behind the lobbying and “behind closed door” consultations that took place to elect the chairperson of these prestigious meetings utilising its influence in SADC, the OAU and as Chair of the Non-Aligned Movement countries. This assisted Ambassador Carlos dos Santos of Mozambique to become chair of the preparatory meetings and Ambassador Camillo Reyes of Columbia to preside over the UN Conference.

South Africa could, by virtue of its expertise on the issue and the leading role it had played on the issue since its inception within the UN corridors, continue making a significant contribution throughout the negotiations and “closed door” meetings. Deputy Minister for Safety and Security, Mr V J Matthews, who led the South African delegation, could with confidence state that “Africa has collectively responded to this threat through the adoption of the Bamako Declaration … thereby providing an African solution to a problem that transcends national and regional boundaries….Africa cannot wait for the future in the hope that prevention will work. We need to act now because our problem is real and present”. The UN Conference was a resounding success in that it provided, for the first time, a recognition of the problem of the proliferation of small arms and light weapons and provided a Programme of Action (UNPOA) to start combating the problem on all levels – internationally, regionally and nationally.

As a follow-up to the UN Conference, South Africa hosted – along with Kenya, Mali and Nigeria – the “African Conference on the Implementation of the UN Programme of Action on Small Arms: Needs and Partnerships”. The meeting was held in Pretoria in March 2002 and was co-hosted by Austria , Canada , the Netherlands , Norway , Switzerland and the United Kingdom who amongst themselves also provided the finance for the Conference.

Active participation of civil society ⁵

From 1994 to 2004 the participation of civil society on the issues pertaining to firearms control and illicit small arms and light weapons in South Africa was substantive. For the purposes of this publication, the participation of South African non-governmental experts is taken jointly with the description of activities in which South African non-governmental organizations were engaged. Therefore, the input of both types of actors is collapsed under the broad title of “civil society”.

Broadly speaking, participation of South African civil society (in disarmament) covered many types of activities ranging from advocacy and lobby to research and support of practical cooperative projects conducted with government. They also impacted at several levels, namely nationally, regionally, continentally and internationally.

Initial general inputs

Prior to 1994 there was very little discussion on arms control in South Africa , and in particular on small arms control. The notion of control was limited. In late 1994 a group of social justice and previously anti-apartheid activists organized a weapons hand-in. This was known as the g G un f F ree South Africa (GFSA) campaign. The aim was to get as many weapons off the streets as possible. Although the numbers were limited (900 firearms and explosives including 199 pistols, forty t o w o AK47s, 72 hand grenades and more than 7000 rounds of ammunition) the most important impact of this campaign is that it put the issue of gun violence and the need for greater controls on the political agenda.

Although GFSA and its campaign were the first expression related exclusively to firearms controls in South Africa , many other organizations were involved in the discourse related to the links between democratization, poverty reduction and the prevention and control of armed violence and crime in post-conflict societies. Among these organizations, mostly focusing on conflict resolution and mediation processes, the following organizations had a role to play on calling attention to the dynamics of small arms proliferation in the country and its effect on the people: The Quaker Peace Centre in Cape Town, the South African Institute for International Relations, Black Sash, Business Against Crime, IDASA, the South African Council of Churches, the Centre for the Study of Violence and Reconciliation, and the Network for Independent Monitors.

Academic Inputs

In the period between 1989 and 1994, several research organizations began to publish material relevant to the arms industry of South Africa and the conventional weapons debate. The Centre for Conflict Resolution in Cape Town pioneered this type of research as expressed in books such as J. Cock and J.L. Nathan (eds) War and Society (1989) and P. Batchelor and S. Willett Disarmament and Defence Industrial Adjustment in South Africa (1998), among others. The first writings on the actual small arms issue in South Africa included Glenn Oosthuysen who wrote “Small Arms Proliferation and Control in Southern Africa (SAIIA Southern African series) as early as 1996 although some international organizations had commenced to focus on the dynamics of illicit small arms in Southern Africa, such as the United Nations Institute for Disarmament Research in Geneva series on Disarmament and Conflict Resolution (DCR series on Managing Arms 1995-1996).

Between 1997 and 2000 the Institute for Defence Policy (IDP) later Institute for Security Studies (ISS) produced a large body of literature including three volumes of its Society Under Siege series which included focus on crime, violence and illegal weapons (1997), licit responses to illicit arms (1998) and managing arms in South Africa (1999). These were produced with contributions of South African and foreign authors such as J. Cock, A. Kirsten, P. Batchelor, J. Potgieter, C. Hansmann, E. Hennop, S. Meek, M. Chachiua, and Virginia Gamba. Similarly, V. Gamba's Governing Arms: The Southern African Experience (2000) focused on national and regional responses to the problem of proliferation of illicit small arms in Southern Africa .

Civil society participation in the new South African Firearms Act

The government of South Africa 's decision to tighten firearms legislation resulted in the Firearms Control Act of 2000 which is now in force. The internal processes leading to the change in the law led to a new level of participation in the debate by civil society. This active participation took several forms including research, policy facilitation and advocacy work. On the research front, several experts as well as organizations assisted the Minister for Safety and Security in preparing statistics and surveys highlighting the need for change. Of these the work of the Institute for Security Studies through its experts Jakkie Potgieter and Virginia Gamba supported by Clare Hansmann and Ettienne Hennop are noteworthy. The first national docket research on the impact of firearms on the status of crime was undertaken by these experts in 1999, the first work shopping of dedicated law enforcement agents, and the first surveys of impact of firearms on rural and urban populations was undertaken by them. Most of these findings were eventually published in the ISS's Society Under Siege series, volume III. Similarly the work of these individuals was enhanced by the work of Advocate Peter Gastrow who chaired a draft bill committee leading to an initial document. A National Policy on Firearms was also created through the collaborative work between the SAPS and Jakkie Potgieter and other colleagues of the Institute for Security Studies. In Parallel, Gun Free South Africa engaged in further docket work as published in Altebeker et al in Are South Africans Responsible Firearms Owners? Evidence from 1000 dockets (2000).

On the public policy processes, several organizations assisted. By January 1997 a first firearms policy committee was generated by Minister Sydney Mufamadi which consisted of several stakeholders such as Gun Free South Africa, the South African Gun Owners Association , and members of the SAPS and of the Secretariat for Safety and Security. The report of this committee led to the formulation of a final policy on firearms control which guided the drafting of the legislation. In its turn, the Secretariat for Safety and Security formally engaged the Institute for Security Study's Arms Management Programme experts (namely V. Gamba and J. Potgieter) to prepare the research and facilitate the Policy on Firearms Control, and further asked for assistance on the Draft Bill from the same organization under the chairmanship of Advocate Peter Gastrow. Lastly, an expert that played a fundamental role in creating the space for legislating the issue of brokering firearms in South Africa (NCACC Act) was Jakkie Potgieter who also was member of the first United Nations consultative panel to the Secretary General of the UN on brokering controls (1999).

Although Gun Free South Africa was involved in public policy assistance in 1997 on the issue of a change in the firearms law, it was not at all involved in the drafting of the Bill, unlike the arms management programme at ISS. Nevertheless, the role of GFSA shifting to targeted advocacy and dissemination of information during these years was fundamental in creating and coordinating popular support for a change in the legislation. Key items that were directly influenced by this campaign were the inclusion of Firearms Free Zones (see above) and stronger controls on the export and imports of firearms. On the mobilization front, GFSA did indeed muster popular support through the organization of marches in townships in the Johannesburg area.

Lastly, it is worthy to note that in the process of the parliamentary committee discussion on the Draft Firearms Control Bill, over twent y-two 200 non-governmental organizations for and against gun controls offered written submissions. Among the most vigorous organizations were: the Human Rights Committee (HRC), the South African Gun Owners Association, the Medical Research Council, the Gun Control Alliance, the South African Council of Churches, NICRO (National Institute for Crime Prevention and Reintegration of Offenders ) women's support centre, National Firearms Forum and NIM (Network of Independent Monitors) .

The Regional Context

Although the participation of civil society in South Africa was fundamentally involved in the monitoring and influencing the national situation, some civil society actors were also influential in the determining of regional policy. The Arms Management Programme at IDP, later ISS, pioneered the debate of regional police on coordinated manners to prevent, control and reduce illicit small arms trafficking across borders. Through dialogue and consultations, civil society was able to generate a communication line with Police Chiefs and their legal sub-committees. Out of this initial engagement, the SADC working group on small arms was eventually created, leading to the regional mandate to the police to draft a SADC Protocol on Firearms and ammunition for consideration at SADC Summit level. The drafting of the Protocol was also assisted by civil society through research such as that of comparative legislations undertaken by GFSA and the actual facilitation of the drafting committee meetings undertaken by the Arms Management Programme at ISS with the proffering of financial and technical support. The Draft SADC Protocol was finally signed at Summit level in 2001 and ratified by the majority of countries by 2004. It entered into force as a legally binding commitment to all member states on July 31, 2004.

Concomitant to this effort, ISS together with Saferworld engaged in a region to region dialogue about the dynamics of illicit small arms trafficking in Southern Africa and the manner in which the European Community of Nations could support efforts to prevent, control and reduce the illicit trade. Three annual consultations were held to this effect between government officials of the Southern African Development Community (SADC), the Southern African Regional Police Chiefs Coordinating Organization (SARPCCO) and governmental experts of the European Union states. The first of these consultations was held in 1997. Although these consultations were civil society led between two NGOs, one in South Africa and one in the United Kingdom, by 2001 the dialogue between the EU-SADC region on the issues of Small Arms Control became institutionalized in the EU-SADC forum with the creation of a technical joint working group between the two regions on small arms and light weapons. This group met formally in Brussels in 2002 with the technical and financial assistance of Saferworld and SaferAfrica.

Since 2002, SaferAfrica has been constantly involved in assisting the lead agencies of Southern Africa to develop implementation plans for the SADC Protocol and has also provided technical and financial assistance to all meetings of the national focal point coordinators of the region in determining their standard operating procedures to implement the Protocol as it entered into force. It is important to note that SaferAfrica became the major civil society organization of South Africa to enter into full and constant technical assistance to all countries in the region to implement the provisions of the Protocol as well as the other continental and international commitments on the prevention, control and eradication of the illicit trade in SALW in all its aspects, including acting as the secretariat to the governmental organizing committee of the All Africa Conference on the Implementation of the UNPOA in March 2002 in Pretoria bringing together all African states and all states member of the OECD Organisation for Economic Co-operation and Development (OECD) .

Continentally

South African civil society has also participated in the facilitation and research leading to the OAU Ministerial meeting of December 2000 on a Common Approach to the issue of illicit small arms proliferation in Africa, which directed the common position of Africa vis-à-vis the UNPOA debate in New York of 2001. The Arms Management Programme at ISS worked hand in hand with the OAU secretariat to carry forward broad consultations leading to the Bamako Ministerial Meeting of December 2001.

Since 2001, SaferAfrica has been a lead civil society agent in the facilitation of the AU-NEPAD peace and security agenda including the priority associated with the resolution of the illicit small arms trafficking problem in Africa . Here, SaferAfrica works hand in hand with the NEPAD and the AU Secretariats.

Internationally

Both the Arms Management Programme at ISS, Saferworld and GFSA participated in the support of African states in the negotiations leading to the signature of the Firearms Protocol to the Convention on the Combating of Trans-National Organized Crime (the Vienna process). This process was held with active South African civil society participation since 1998 both in its regional chapters and internationally.

In relation to the negotiations surrounding the United Nations Conference on the Illicit Trade of Small Arms and Light Weapons in All its Aspects, the Arms Management Programme at ISS facilitated the coordination of civil society inputs to the regional workshop organized by the UN Panel of Governmental experts on SALW in late 1996. The Panel eventually recommended that an international conference be held in 2001. During the preparatory meetings leading to the conference itself, various civil society participants engaged in discussions in New York . These interventions took several forms: either through participation in the International Action Network on Small Arms (IANSA) as advocacy groups – as was the case of GFSA; or through the creation of consultation and dialogue between regions and across regions in the framework of the meeting as was the case of Saferworld and the Arms Management programme at ISS.

Since 2001 and the signature subsequent to the adoption of the UNPOA (United Nations Programme of Action to prevent, combat and eradicate the illicit trade in small arms and light weapons in all its aspects) , South African civil society including its experts have been present in several regional and international meetings related to aspects of the UNPOA as well as to implementation of the UNPOA. Some of these inputs have taken the form of continued advocacy in support of international conventions on issues such as marking and tracing, brokering, and export and import procedures. Some inputs such as those of the United Nations Institute for Disarmament Research (UNIDIR) of 2003 focused on the research and documentation related to the destruction of surplus stocks from the armouries of both South Africa and Lesotho . Other interventions, particularly those of SaferAfrica, have been more focused on assisting member states to implement the national and regional requirements set out at international level. This includes the creation of national focal points (inter-ministerial committees) for implementation, the creation of national action plans (including field assessments of the problem in country) and regional coordinated plans of action such as those of the SADC region and the Great Lakes and the Horn of Africa. In this sense, it is also worthy to note that SaferAfrica provided financial and technical assistance to the South African and Mozambique police in the Operations Rachel weapons recovery and destruction programme, for which they won the Impemelelo Award on public/private partnerships of 2003.

Conclusion

The breath and depth of the participation of South African civil society organizations and expert individuals to the debate and the policy process adopted by South Africa and its region in relation to SALW (Small Arms and L ight Weapons ) cannot be fully measured but it suffices to say that without their inclusive and comprehensive participation the extent of the agreements and actions surrounding SALW controls in South Africa, the region and the world would not have been achieved in the manner that it was.

Footnotes

1. REFERENCE NEEDED Firearm Use and Distribution in South Africa , edited by Robert Chetty – National Secretariat for Safety and Security.
2. Jackie Selebi, at Pugwash Conference held in South Africa , 10 September 1998 (need details)
3. Sarah Meek and Noel Stott, Destroying Surplus Weapons: An Assessment of Experience in South Africa and Lesotho , UNIDIR/Small Arms Survey, 2003, pg 21
4. Statement at OAU Ministerial Conference in Bamako , Mali , 30 November 2000
5. The amount of activities related to civil society on this issue is so great that the author had to create a summary due to the constraints of space. When possible references have been added to permit a broader indication of the amount of participation reached in this area.