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Implementation Plan of the 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/2

Introduction

In accordance with the objective of the Nairobi Declaration of 15th March, 2000 and its Agenda for Action of November 2000, this Implementation Plan sets out guidelines for States Parties in the prevention, management and resolution of the problem of proliferation of illicit small arms and light weapons, promote and facilitate regional co-operation and exchange of information and experience; and create conducive environment for a closer regional co-operation necessary to ensure the sustainable commitment of the region towards this goal.

Implementation plan

1. Institutional framework

States Parties agreed to:
1.1"Ensure a sustainable solution to the problem through the pursuit of long term co-ordinated and concerted effort."

Implementation:
To implement this recommendation, States Parties undertake to establish, within three months of signing of this Agenda for Action, a National Focal Point in each state and mandate the Nairobi Secretariat to implement the regional Agenda for Action.

States Parties agreed to:
1.2 "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."

Implementation:
States Parties shall undertake, within three months of the signing of the Agenda for Action, convene and interagency workshop1 to establish in each of the state parties a National Focal Point on small arms and light weapons with functions and responsibilities that include:
  1. Coordinating with the Nairobi Secretariat in the implementation of the Agenda for Action;
  2. Coordinating and interacting with other National Focal Points;
  3. Coordinating and interacting with civil society;
  4. Facilitating the exchange and dissemination of information;
  5. Conducting and facilitating research;
  6. Identifying and applying lessons learned; and
  7. Building capacity for a sustainable approach to the problem of small arms and light weapons.
The National Focal Point could be attached to an existing agency as may be recommended by the workshop.

States Parties agreed to:
1.3 "Mandate the Nairobi Secretariat to co-ordinate the regional Agenda for Action."

Implementation:
States Parties agreed upon signature of this Agenda for Action that the Nairobi Co-ordinating Unit will be established as the Nairobi Secretariat with functions and responsibilities that include:
  1. Coordinating the implementation of the regional Agenda for Action, including the development of annual programmes for meetings and interactions;
  2. Coordinating and interacting with National Focal Points;
  3. Interacting with relevant regional and international agencies;
  4. Assisting with the coordination and interaction with civil society;
  5. Assisting with the exchange and dissemination of information;
  6. Conducting and facilitating research;
  7. Identifying and applying lessons learned; and
  8. Building capacity for a sustainable approach to the problem of small arms and light weapons.
2. Regional Co-operation and Co-ordination

States Parties agreed to:

2.1 "Ensure long term sustainable commitment towards the achievement of the objectives as enshrined in the Nairobi Declaration."

Implementation:
States Parties, assisted by the Nairobi Secretariat, will organise an annual (once every year) Ministerial Meeting to review Progress, and provide guidelines for the way forward.

States Parties agreed to:

2.2 "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."
2.3 "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."

Implementation:
This objective can be attained through, among others:
  1. Development and coordination by the Nairobi Secretariat in cooperation with the National Focal Points annual programmes for the implementation of the Agenda for Action in all its aspects.
  2. The establishment of an annual roundtable to discuss implementation problems and solutions. This roundtable will be held on a rotational basis by all States Parties to the Agenda for Action, bring together participants from National focal Points, the Nairobi Secretariat, experts, other agencies, organisations and civil society.
  3. An annual (once every year) Ministerial Meeting to review the implementation of the strategy and provide strategic guidelines for further implementation.
  4. Support research and education programmes designed to enhance public and official/governmental understanding of the links between small arms proliferation and conflicts, and, the links between small arms control and peace and stability.
States Parties agreed to:
2.4 "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."

Implementation:
Co-operation and exchange of information should be enhanced by, among others:
  1. An annual seminar for personnel from the National Focal Points and the Nairobi Secretariat to promote interaction and review common strategies.
  2. The publication and circulation, including via Internet, by the Nairobi Secretariat of a six-monthly newsletter to serve as a medium for exchange of information and ideas between National Focal Points, regional organisations, other agencies and civil society.
  3. Promotion of exchange programmes between and among personnel of National Focal Points, and also with other agencies, organisations, including civil society for the purpose of sharing information and lessons learnt.
  4. Actively promote the interactions and exchange of information between the National Focal Points and educational establishments, institutes, think-tanks, and other expertise existing in the region.
  5. The establishment of a liaison mechanism within National Focal Points where other relevant agencies, organisations and civil society can interact to enhance co-operation and exchange of information.
States parties agreed to:
2.5 "Co-operate with the United Nations, international organisations, regional and sub-regional organisations, and civil society in preventing and reducing the problem of illicit proliferation of small arms and light weapons."

Implementation:
Co-operation should be enhanced by, among others:
  1. Ensuring that the small arms issues are included on the agenda of relevant regional meetings dealing with issues of the human security such as, but not limited to: socio-economic developmental, governance, political instability, conflict management, crime and policing, refugees and migrations, resources, poverty, etc.
  2. Encouraging exchange of information and lessons learnt from existing United Nations bodies/agencies, UNAFRI, United Nations Regional Centre for Peace and Disarmament in Africa, OAU, Interpol, regional Police (EAPCCO. SARPCCO, CARPCCO and WARPCCO), regional development agencies (IGAD, EAC, ECOWAS, ECCAS and SADC), among others.
  3. Supporting initiatives including at community level, that impact on the dynamics of proliferation of small arms and light weapons and minimise its effects on people and institutions.
  4. Engaging with regional organisations or bodies (EAPCCO, IGAD, EAC) to identify and define the unique role of each in the comprehensive strategy to combat proliferation of illicit small arms and light weapons.
  5. Holding of an annual consultative meeting between the Nairobi Secretariat with representatives from international agencies/bodies, sub-regional organisations and civil society to share experiences on issues and activities relating to small arms and light weapons.
States Parties agreed to:
2.6 "Co-ordinate international support for the Implementation of the regional Agenda for Action."

Implementation:
States parties, based on capacity, will provide funds to support their respective National Focal Points and the Nairobi Secretariat.
The Nairobi Secretariat will solicit funds from the international community to support the institutional framework and the implementation of the regional Agenda for Action as per Annex A to this Implementation Plan.

3. Legislative measures

States Parties have agreed to:
3.1 "Promote legal uniformity and minimum standards to govern the manufacture, possession, import, export, transfer, transit, transport and control of small arms and light weapons."
3.2 "Undertake to incorporate, as a matter of priority, the following elements in their national laws:
  1. Regulations governing and prohibitions related to possession and use of small arms and light weapons.
  2. Regulations for the manufacture, possession, import, export, transfer, transit, transport and control of small arms and light weapons.
  3. Regulations for the effective control of manufacturers, traders, brokers, financiers and transporters of small arms and light weapons.
  4. 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."
3.3 "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."
3.4 "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."

Implementation:
  1. States Parties agree to submit copies of their relevant legislation governing all aspects of arms to the Nairobi Secretariat within three months of the signing of this Agenda for Action.
  2. The Nairobi Secretariat, within six months, will undertake a comparison of legislations in the region and draw up proposals for minimum standards.
  3. The Nairobi Secretariat will convene, within nine months, a regional technical workshop in conjunction with the EAPCCO legal sub-committee and the IGAD Secretariat to agree on minimum standards and propose a programme for revision of legislation, monitoring of progress and timeframes for implementation. The workshop will also explore the establishment of a formal regional control regime on small arms and light weapons within 18 months and present recommendations to the Ministerial Conference.
  4. States Parties further agree, within 18 months of the signing of this Agenda for Action, to review their respective legislation to ensure that all regulations and provisions recommended in items 3.2, 3.3 and 3.4 of the Agenda for Action are incorporated, taking into account the agreed minimum standards in para. 3.1 above.
4. Operational and capacity building

States Parties agreed to:

4.1 "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."
4.2 "Develop or improve national training programmes to enhance the capacity of law enforcement agencies to fulfil their roles in the implementation of this agenda for action"
4.3 "Establish or enhance inter-agency work groups involving law enforcement agencies and other relevant national agencies to improve policy co-ordination, information sharing and analysis."

Implementation:
Within a year of signing of this Agenda for Action, each National Focal Point will convene a series of workshops with participating agencies to identify training needs and programmes. These workshops will also discuss the establishment of national databases, communication systems and specialised equipment. The national database should be centralised at the National Focal Point and should include, but not limited to, information on manufacturers, holders, dealers, brokers, recovered and seized small arms and light weapons, stolen and lost firearms, and destruction of arms.
Each National Focal Point will inform the Nairobi Secretariat on its plan of action for training and the setting up of its national database.

States Parties agreed to:
4.4 "Enhance the capacity of the Nairobi Secretariat to co-ordinate the implementation of the Agenda for Action."
4.5 "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."
4.6 "Encourage the effective utilisation of the expertise available from civil society and international agencies/bodies to address the problem of small arms and light weapons in all its aspects."

Implementation:
To undertake this task, States Parties will:
  1. Hold an annual capacity building seminar, on a rotational basis, where all Personnel from National Focal Points and the Nairobi Secretariat can meet and interact, revise common methodologies, and exchange ideas.
  2. Utilise existing expertise to enhance the capacity of National Focal Points and Permanent Secretariat.
4.7 "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."

Implementation:
The Nairobi Secretariat will convene, within twelve months, a regional workshop, in conjunction with EAPCCO, to:
  1. Identify joint training needs for the region which may lead to a series of training courses for law enforcement and other relevant international officials in identified key areas;
  2. Identify areas for bilateral and multilateral agreements such as: joint cross-border operations, hot pursuit, investigation, recovery of exhibits and extradition; and
  3. Identify border areas where international and national agencies are operating with a view of co-ordinating their efforts for the enhanced provision of human security.
The Nairobi Secretariat will report on the recommendations of this workshop by submitting these with a note recommending immediate action to the States Parties.

4.8 "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."

Implementation:
To undertake this task, States Parties will:
  1. Promote and support long-term research programmes on the dynamics of the proliferation of small arms and light weapons and its effects on human security.
  2. Actively promote co-operation in research between National Focal Points, and educational establishments, institutes, thinks-tanks, and other relevant expertise existing in the region.
4.9 "Work with the UN in co-operation with the OAU and other regional and international organizations as required."

Implementation:
May request support missions from the UN, OAU and other regional and international organizations as required.

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

States Parties agreed to:

5.1 "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."
5.2 "Ensure the safe storage of arms in possession of the state."
5.3 "Ensure strict accountability and the effective tracing of all weapons owned and distributed by the state."
5.4 "Ensure strict accountability and effective control of all weapons owned by private security companies and dealers."

Implementation:
The Nairobi Secretariat, within nine months, will convene a meeting of appropriate experts to discuss possible ways of preparing and implementing the collection, safe storage, destruction or responsible disposal of small arms and light weapons. This meeting should also recommend guidelines and procedures for ensuring that surplus small arms and light weapons are securely stored, destroyed or responsible disposed of.

States Parties should ensure that seized and captured small arms and light weapons are destroyed and that their law enforcement agencies work closely with local communities to facilitate the removal and destruction of arms voluntarily surrendered and in weapons caches.

The Nairobi Secretariat will facilitate the co-ordination of regional weapons collection, and encourage states to undertake implementation of amnesty programme, as appropriate.

5.5 "Promote voluntary weapons collection programmes."
5.6 "Encourage law enforcement agencies to work with communities to identify weapons caches and remove them from society."
5.7 "Identify and destroy surplus and obsolete stocks in state possession."
5.8 "Establish an effective mechanism for storing impounded and recovered illicit small arms pending the investigations that will release them for destruction."
5.9 "Ensure the destruction of illicit arms collected and seized."

Implementation:
The National Focal Points and the Nairobi Secretariat will cooperate with relevant state authorities in developing programme to build capacity, engage experts, and encourage international support for the collection and destructions of illicit and surplus arms and light weapons.

The Nairobi Secretariat, within nine months, will convene a meeting of appropriate experts to discuss policy guidelines to provide accountability and effective control over state-owned small arms and light weapons in all its aspects.

States parties will also establish a verification mechanism to ensure compliance with the proposed accountability and control guidelines over all small arms and light weapons in possession of the state, private security companies, or in public use.

6. Information exchange and record keeping

States Parties agreed to:

6.1 "Publicise their policies, regulations and laws relating to small arms and light weapons."
6.2 "Enhance exchange of information and transparency in relation to national databases."

Implementation:
National Focal Points must ensure that the relevant policies, regulations and laws relating to small arms and light weapons are publicly available, and that, copies are submitted to the Nairobi Secretariat. The Nairobi Secretariat will publish and disseminate the compendium of policies, regulations and legislation in the region.
Information related to the national database should be accessible. The National Focal Points will facilitate the provision and exchange of the information between the Nairobi Secretariat, other National Focal Points, interested agencies and civil society.

States Parties agreed to:
6.3 "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."

Implementation:
The Eastern African Police Chiefs Committee Organization (EAPCCO) should be encouraged to convene a workshop to agree on information exchange mechanisms of confidential/information on criminals and the dissemination of that information through existing databases, such as IWETS. This workshop should also propose an appropriate reporting system for information on criminal activities.

7 Public awareness

States Parties agreed to:

7.1 "Promote a culture of peace."
7.2 "Undertake education and awareness raising programmes on the problem of illicit small arms involving all sectors of society."
7.3 "Undertake education and awareness raising programmes on the responsible management, storage and use of firearms."
7.4 "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."

Implementation:
States Parties undertake to promote national education programmes to minimise social dependency on arms and improve responsible management of arms. These national education programmes should include, but not be limited to, national awareness campaigns (community and other radio stations, poster campaigns, leaflets, cultural shows, school awareness programmes, etc.)

States Parties should prioritise support to local and other non-governmental awareness raising programmes that share the same objectives; and provide support to international and regional bodies and agencies to undertake regional action and education programmes.

National Focal Points will annually organise a national consultative forum involving all sectors of society in a free and frank debate on the proliferation of small arms and light weapons and its effect on societies.

ANNEX A

International Assistance to the Implementation Programme of the Agenda for Action on the Proliferation of Illicit Small Arms and Light Weapons in the Horn of Africa and the Great Lakes Region
SAEM/GLR.HOA/3

General Assistance

The States Parties signatories to the Agenda for Action call on the international community to:
  1. Be sensitive to regional agendas, priorities, processes and initiatives as agreed upon by the regions themselves.
  2. Provide support to regional initiatives and processes.
  3. Promote regional initiatives aimed at, among others, creating a comprehensive regional programme of action in the lead up to the United Nations 2001 Conference on Trade in Small Arms in all its aspects.
  4. Ensure the existence of transparent policies and rigorous controls over manufacturers, traders, brokers, financiers and transporters of small arms, light weapons and ammunition.
  5. Provide full support to compliance with the firearms protocol of the United Nations Convention on Transnational Crime (the Vienna Process).
  6. Abide by international sanctions, embargoes and moratoria on the import and export of small arms and light weapons.
  7. Support the maintenance of a long-term commitment to control and reduce the global proliferation of small arms and light weapons.
  8. Support international and civil society programmes to reduce the impact of small arms and light weapons on society.
  9. Support and promote peace initiatives and encourage efforts that aim at conflict prevention, management and resolution and social and economic development with a long-term objective of attaining peace, stability and development.
  10. Urge the international community to adopt a policy of destruction of surplus and obsolete stocks to reduce the excessive global accumulation of small arms and light weapons.
  11. Encourage the effective implementation of social economic programmes that target poverty alleviation, development and improvement of standards of living.
  12. Promote democratic principles and practices.

    Financial and Technical Assistance
  13. The Nairobi Secretariat will co-ordinate, seek support, and sustain interaction with the international and donor community in support of the Agenda for Action.
  14. Bilateral agreements between any or each of the States Parties and the donor community on practical projects and assistance should be encouraged.
  15. In support of the Agenda for Action, the international community should extend financial and technical support:
    1. To workshops, roundtables and ministerial meeting.
    2. To regional and national training programmes and joint operations.
    3. The establishment of national databases, communication systems and specialised equipment.
    4. To create and sustain long-term research capacity in the region.
    5. Regional, national and local public awareness programmes; national and regional forums for all-inclusive debate; community led initiatives and weapons collection programmes.
    6. For capacity building to implementing agencies, National Focal Points and the Permanent Secretariat.
    7. For exchange programmes and expertise.
    8. For programmes such as demobilisation and reintegration of former combatants, rehabilitation of child soldiers, management of refugee communities to reduce demand and forestall the proliferation of small arms and light weapons.

Notes
1 Possible participating agencies for National Focal Points interactions should include, among others, Foreign Affairs, Home Affairs, Police, Defence, Customs, Immigration, Justice, and Trade and Industry, anti-corruption agency, civil society.



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