Coordinated Agenda for Action on the Problem of the Proliferation of Small Arms and Light Weapons in the Great Lakes Region and the Horn of Africa; November 2000

SAEM/GLR.HOA/1

Preamble

Pursuant
to the Nairobi Declaration on the problem of the proliferation of illicit small arms and light weapons1 in the Great Lakes Region and the Horn of Africa of 15th March, 2000 in which States Parties decided to:

Seize the opportunity to comprehensively address the problem of the proliferation of illicit small arms and light weapons¹ in the sub-region; and
Encourage a concrete and Co-ordinated Agenda for Action for the sub-region to promote human security and ensure that all states have in place adequate laws, regulations and administrative procedures to exercise effective control over the possession and transfer of small arms and light weapons;²

State Parties hereby agree to:
1. Institutional framework

Ensure a sustainable solution to the problem through the pursuit of a long term co-ordinated and concerted effort.
Establish National Focal Points to deal with the problem of small arms and light weapons in all its aspects and to oversee the implementation of this Co-ordinated Agenda for Action at the national level.
Mandate the Nairobi Secretariat to co-ordinate the regional Agenda for Action.

2. Regional Co-operation and Co-ordination

Ensure long term sustainable commitment towards the achievement of the objectives as enshrined in the Nairobi Declaration.
Develop, implement and sustain a comprehensive strategy to combat the illicit proliferation of small arms and light weapons, taking into account the linkages between arms proliferation and all aspects of human security and the long term objective of attaining peace, stability and development in the region.
Pursue initiatives for the peaceful resolution of conflict in the region, thereby reducing demand and forestalling further proliferation of illicit small arms and light weapons.
Enhance co-operation and exchange of information among National focal Points and other relevant agencies and organisations tasked with addressing the problem of illicit proliferation of small arms and light weapons.
Co-operate with the United Nations, international organisations, regional and sub-regional organisations, and civil society³ in preventing and reducing the problem of illicit proliferation of small arms and light weapons.
Co-ordinate international support for the Implementation of the regional Agenda for Action.

3. Legislative measures

Promote legal uniformity and minimum standards to govern the manufacture, possession, import, export, transfer, transit, transport and control of small arms and light weapons.
Undertake to incorporate, as a matter of priority, the following elements in their national laws:
Regulations governing and prohibitions related to possession and use of small arms and light weapons.
Regulations for the manufacture, possession, import, export, transfer, transit, transport and control of small arms and light weapons.
Regulations for the effective control of manufacturers, traders, brokers, financiers and transporters of small arms and light weapons.
Provisions for the seizure, confiscation, and forfeiture to the State, all small arms and light weapons, manufactured or conveyed in transit and transport without or in contravention of licenses, permits or written authority.
Adopt the necessary legislative and other measures to establish as criminal offences under national law the illicit manufacturing of, trafficking in, and possession and use of small arms and light weapons, including home made weapons.
Adopt the necessary legislative or other measures to enforce adherence to international sanctions that prohibit the export of weapons to conflict zones and/or countries.

4. Operational and capacity building

Establish or enhance national databases and communication systems, and acquire specialised equipment for the monitoring and control of movement of small arms and light weapons within the country and across borders.
Develop or improve national training programmes to enhance the capacity of law enforcement agencies⁴ to fulfil their roles in the implementation of this agenda for action.
Establish or enhance inter-agency work groups involving law enforcement agencies and other relevant national agencies ⁵ to improve policy co-ordination, information sharing and analysis.
Enhance the capacity of the Nairobi Secretariat to co-ordinate the implementation of the Agenda for Action.
Support and encourage exchange programmes and training between the Nairobi Secretariat, National Focal Points, and community leaders or representatives in the region with the aim to build capacity.
Encourage the effective utilisation of the expertise available from civil society⁶ and international agencies/bodies⁷ to address the problem of small arms and light weapons in all its aspects.
Encourage regional co-operation for law enforcement and other relevant international agencies/bodies so as to combat cross-border crime, enhance human security, and foster understanding among border communities. Co-operation could include, among others, capacity building, joint training exercises, and agreements for joint operations, extradition, hot pursuit, investigation and recovery of exhibits.
Build regional research capacity to support National Focal Points, and undertake long-term research on the dynamics of the illicit proliferation of small arms and light weapons within the region.
Work with the UN in co-operation with the OAU and other regional and international organizations as required.

5. Control, Seizures, Forfeiture, Distribution, Collection and Destruction

Enhance the capacity of the state to control and account for arms in its possession by, inter alia, verifying their stock of small arms and light weapons.
Ensure the safe storage of arms in possession of the state.
Ensure strict accountability and the effective tracing of all weapons owned and distributed by the state.
Ensure strict accountability and effective control of all weapons owned by private security companies and dealers.
Promote voluntary weapons collection programmes.
Encourage law enforcement agencies to work with communities to identify weapons caches and remove them from society.
Identify and destroy surplus and obsolete stocks in state possession.
Establish an effective mechanism for storing impounded and recovered illicit small arms pending the investigations that will release them for destruction.
Ensure the destruction of illicit arms collected and seized.

6. Information exchange and record keeping

Publicise their policies, regulations and laws relating to small arms and light weapons.
Enhance exchange of information and transparency in relation to national databases.
Encourage the exchange of information among law enforcement agencies on criminal groups and their associates, types of small arms and light weapons, sources, supply route, destination, method of transportation and financial support of these groups.

7. Public awareness

Promote a culture of peace.⁸
Undertake education and awareness raising programmes on the problem of illicit small arms involving all sectors of society.
Undertake education and awareness raising programmes on the responsible management, storage and use of firearms.
Promote the involvement of, and co-operate with, all sectors of society in preventing and reducing the problem of illicit small arms and light weapons.

Notes
1United Nations General Assembly (a/54/258) , page 24. Small arms are those weapons designed for personal use, and light weapons are designed for use by several persons serving as a crew. The category of small arms includes revolvers and self-loading pistols, rifles and carbines, sub-machineguns, assault rifles, and light machine guns. The category of light weapons includes heavy machineguns, hand-held under-barrel and mounted grenade launchers, portable anti-aircraft guns, portable anti-tank guns, recoilless rifles, portable launchers for anti-aircraft and anti-tank rockets and missile systems and mortars of calibre of less than 100 mm. Ammunition and explosives form and integral part of small arms and light weapons used in conflicts, and include cartridges for small arms, shells and missiles for light weapons, anti-personnel and anti-tank grenades, land mines, explosives, and mobile containers with missiles or shells for single-action anti-aircraft and anti-tank systems.
2 The Nairobi declaration on the problem of the proliferation of illicit small arms and light weapons in the Great Lakes Region and the Horn of Africa, 15 March 2000, page 5.
3 Civil society can be defined as the collective social entity where citizens interface with each other and with the state. Civil society therefore is normally thought to be composed of a range of organisations including social movements, professional and voluntary associations, grassroots organisations, non-governmental organisations, trades unions, co-operatives, academic and philanthropic institutions, community groups, youth and women’s organisations and religious related organisations. In many cases the independent media and the informal sector are also included as part of civil society. Among other roles, civil society can influence public performance, can help hold governments accountable, and can complement national and focal administrations in the establishment of effective governance.

4 For the purposes of this document, Law Enforcement Agencies include Military forces, Police Forces or Services, Gendarmerie, Customs and Immigration Authorities and the Judiciary.

5 For the purpose of this document, Relevant National Agencies include the Ministries of Home Affairs or similar, Defence, Foreign Affairs, and other Offices and Ministries with mandate to co-ordinate, undertake policies and implement actions that directly or indirectly impact on the control of the problem of small arms and light weapons.

6 For the purpose of this document, Civil Society includes the broad spectrum from community and religious leaders to independent organisations with a mandate to train, produce research, applied research, policy facilitation, developmental and societal assistance, monitoring and evaluation or human security dynamics.

7 For the purpose of this document, relevant international agencies/bodies includes United Nations agencies operating in the region; the Interpol Regional Bureau(s) as appropriate; regional police, developmental and similar organisations and institutions, and international humanitarian or relief organisations in the field when applicable.
8 For the purpose of this document, UNESCO's definition of culture of peace will be used. Elements of culture of peace include:

Consensus based decision-making.
Commitment to non-violent resolution and holistic social change through creative methodologies,
Equitable relationships, humility, service to others and simplicity.
Respect, at the personal and community level, for human rights, basic freedoms, justice and security for all.
Commitment to individual and collective action for socio-cultural and structural change.

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