AFRICAN CONFERENCE ON THE IMPLEMENTATION OF THE UN PROGRAMME OF ACTION ON SMALL ARMS: NEEDS AND PARTNERSHIPS

Centurion Lake Hotel, Pretoria, South Africa; 18-21 MARCH 2002 - `CONFERENCE REPORT

Introduction

On 18-21 March 2002 representatives from forty-one African countries, twenty-nine Organization for Economic Cooperation and Development (OECD) countries, three observer countries, eight international and regional secretariats, and thirty-three non-governmental organizations from civil society met at the Centurion Lake Hotel, Pretoria, South Africa to participate in the African Conference on the Implementation of the UN Programme of Action on Small Arms: Needs and Partnerships.
The Conference, co-sponsored by the governments of Austria, Canada, Kenya, Mali, The Netherlands, Nigeria, Norway, South Africa, Switzerland, and the United Kingdom, had as objectives to recap on the commitments in the United Nations' Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (hereafter referred to as UNPoA) and those compatible elements of the Bamako 2000 Declaration, and to examine how national, sub-regional and international implementation processes can be supported by OECD countries and by African countries.
The Conference was divided into six working sessions. In the first three sessions of the Conference, participants reviewed implementation of commitments in several broad areas, including stockpile management and record-keeping; collection, destruction and legislation; and information exchange. These sessions also reviewed the status of implementation in other regions of the world. The last three sessions discussed sub-regional priorities for implementation; the role of civil society and the development of guidelines and partnerships to support sustainable action to prevent, combat and eradicate the illicit trade in small arms and light weapons in all its aspects in Africa.
Participants focused most of their deliberations on two broad themes: identifying differences and commonalities emerging from sub-regional assessments of short- and long-term needs and requirements for implementation of action in Africa; and developing flexible guidelines that would encourage the establishment of sustainable partnerships among governments and between governments and civil society at international, regional and national levels.
African participants also noted that in Africa preventing, combating and eradicating the illicit proliferation of small arms and light weapons is a key element to promoting long-term security and creating conditions for sustainable development, which is a cornerstone of the "New Partnership for Africa's Development", also known as NEPAD, which was endorsed by the African Heads of State and Government on 11 July 2001 during the OAU Summit in Lusaka, Zambia.
During the Conference, aspects of the UNPoA were generally noted while African participants made particular reference to the OAU Ministerial Declaration on a Common Approach to deal with the problem of illicit proliferation of small arms and light weapons (SALW) adopted in Bamako, Mali in December 2000, and took into account initiatives and legally binding conventions and protocols developed at sub-regional levels such as the initiative taken by Central African states in Ndjamena in October 1999 in the framework of the UN Standing Committee of Security in Central Africa, the ECOWAS Moratorium, the Nairobi Declaration and its Coordinated Agenda for Action in the Great Lakes and the Horn, and the Protocol on the Control of Firearms, Ammunition and Other Related Materials in the SADC
In general, participants emphasized that tackling the uncontrolled spread and misuse of SALW is a major concern for affected states in the first instance and, ultimately, for the internatioal community as a whole. They also emphasized that the UNPoA represents an important international achievement and provides a flexible framework for action for the prevention, combating and eradication of this problem.
In particular, the conference noted the complex nature of the problem and its effect on peace, socio-economic development, stability, democracy and good governance; and the interconnectedness of national, sub-regional, regional and global initiatives leading to action on the problem of the illicit trade of SALW in all its aspects.
Participants noted two areas where the illicit trade in small arms in all its aspects has particular effect in the African continent:
1. Access of organised crime and terrorist groups to small arms and the necessity for African countries and their partners to strengthen the co-operation in order to address this issue effectively and for African countries to take their part in the global fight against terrorism.
2. Spread of small arms in post-conflict situations among former combatants of rebel groups and the importance of greater co-operation for an efficient implementation of demobilization, disarmament and reintegration programmes in countries and regions emerging from conflict.
Conference participants remarked that:
1. it is important to ensure the sustainability of initiatives to prevent, combat and eradicate the illicit trade of SALW in all its aspects in affected regions;
2. although governments have the primary responsibility for implementing SALW programmes, they are encouraged to complement their actions with those of civil society, which has an important role to play in all such initiatives; and
3. resources can best be allocated in pursuit of long-term action if countries differentiate between those measures they can undertake with their own existing resources; assistance that can be accessed through cooperation with neighbours; and the request for international assistance in those cases where it is not available either nationally or regionally.
For these reasons, conference participants emphasized that different kinds of partnerships must be developed, between countries in the region; among partner countries and those in affected regions, and between governments and civil society.

Needs and requirements
Participants then concentrated their deliberations on the particularities of implementation in Africa. A series of regional workshops was undertaken to identify priorities for urgent action on the understanding that each sub-region has special characteristics and frameworks for co-operation in relation to preventing, combating, and eradicating the illicit trade in small arms and light weapons in all its aspects.
Working groups looked at actions that could facilitate national implementation to agreed recommendations, and at actions that could facilitate interactions leading to regional cooperation. The results of working group discussions were as follows:

North Africa:
Chairs:

The North African group met and considered the needs and priorities of the subregion with regard to the implementation of the United Nations' Programme of Action to prevent, combat and eradicate the illicit trade in small arms and light weapons in all its aspects (UNPoA). Present at the meeting were the representatives of Algeria, Egypt, Libya, Morocco and Tunisia.
The group welcomes this Conference that is being held within the framework of, and as a follow-up to, the UNPoA.
The group reaffirms its respect for the principles reiterated in the UNPoA and its commitment for the implementation of the recommendations contained therein.
In this context the group welcomes co-operation with partners and the establishment of partnerships on both the bilateral and multilateral levels.

I - National implementation of agreed recommendations:

Recognising that progress has already been made within this region with regard to the implementation of the UNPoA of illicit trade in small arms, the group encourages the establishment of national focal points where they do not exist.
The group calls for the strengthening of cooperation when needed at a bilateral level.
The group welcomes wider co-operation between member states and partners, as and when needed, recognising the specific needs of each region vis-a-vis the problem of the illicit trade in small arms and light weapons.
The group calls for strengthened co-operation on issues relating to the illicit flow of small arms to organised crime and terrorist groups, and in this context encourages the establishment of partnerships in matters of information sharing, training, capacity building and technical assistance when needed.

II - Actions that can facilitate interactions leading to regional cooperation:

The group calls for greater cooperation with international organisations responsible for combating the illicit trade in small arms including INTERPOL and the World Customs Organisation.
Recognising that different regions in Africa have different needs and capabilities, the group welcomes cooperation in identifying specific areas of cooperation for affected regions.
Taking into consideration the existing cooperation among countries of the region within existing regional mechanisms, the group calls for strengthened regional cooperation and dialogue to combat the illicit trade in small arms and light weapons
The group calls for cooperation and assistance from partner states to strengthen the capacity-building and operational capabilities of the OAU in the field of prevention, combating and eradication of the illicit trade of small arms and light weapons in the continent.
The group encourages the establishment of concrete partnerships to enhance the capacity of existing regional mechanisms to deal with the problem of illicit small arms.
The group encourages the ratification of global and regional instruments on the combating of terrorism.
The group expresses its support for follow-up of the Bamako Declaration and in this context welcomes the development of cooperation within the framework of the OAU and other organisations for the implementation of the recommendations contained therein.

West and Central Africa:
Chairs:

I - Actions that can facilitate national implementation of agreed recommendations:

Establishment of National Focal Points and/or national coordination agencies/bodies
- ECOWAS and ECCAS member states must establish NFPs.
- Donors are requested to provide equipment such as computers, secretarial support and communications equipment for the NFPs.
- Assistance is required to tackle illicit trafficking and proliferation in ECOWAS and ECCAS countries and to enhance cross-border cooperation.
- Assistance to allow training of trainers is an important need. Training should cover tactical and operational matters and legal measures. NFPs should estimate costs and provide to donors.
- Training (eg. for search and seizures, firearms investigations) is required for police, customs, immigration etc. so that they can combat illicit trafficking and implement the PoA.
Undertake national public awareness programmes to inform nationals of dangers of misuse of SALW
- The international community could support efforts to raise awareness of SALW Media houses need to support efforts to give SALW more focus and public awareness.
- States should use information departments to raise public awareness, programmes in schools, TV programmes, drama productions, and amongst writers. Need to develop a peace curriculum for schools. ECOWAS and ECCAS countries should use traditional authority structures, women's and youth groups drawing lessons from AIDS awareness programmes. Assistance could be provided for this, including to NGOs who need equipment and support to facilitate awareness-raising initiatives.
- A wide range of public awareness exercises could be undertaken involving all sectors of society.

Ex-combatants have an important role to play to collect weapons and to provide role models to encourage people to surrender their weapons.

Special attention should be placed on protection of children affected by conflict and the reintegration of child soldiers.
Cultures of violence must be changed into cultures of peace.

Review of national regulations in respect of the possession and use of small arms and light weapons:
- ECOWAS and ECCAS states should establish national firearm registers of owners and dealers and should undertake inventories of stocks and keep records of all SALW in state stocks including through computerisation of files. Assistance could be provided for these purposes and also to assist with marking and tracing of weapons.
- Lawyers and academics should be engaged in a review of national legislation in ECCAS countries to ensure that it is in line with international commitments with the Bamako, UN Protocol and UNPoA. These commitments should be integrated by states into national legislation.
- Lawyers and academics should be engaged in a review of national legislation in ECOWAS countries to ensure that it is in line with international commitments in the ECOWAS Moratorium, Bamako, UN Protocol and UNPoA. These commitments should be integrated by states into national legislation.
- It is important for countries to agree to legally-binding instruments to build on the Moratorium. ECOWAS states should harmonise and strengthen legislation, for example, to agree common penalties for SALW offences. The ECOWAS Secretariat should be mandated to facilitate this.
- Harmonisation of legislation is essential. Donors are requested to support national and regional expert meetings to review legislation and facilitate the process of strengthening and harmonisation. Donors should also support the participation of international experts in this process.
  
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- Donors are requested to provide training to enhance border controls and cooperation in marking and tracing SALW. Equipment and transport needs for law enforcement agencies are a priority to enable government agencies to address the problem of SALW on the ground.

11- Actions that can facilitate interactions leading to regional cooperation:

Establishment of Regional Focal Points:
- cooperation between NFPs is vital. States need to submit details of NFPs, their structures and contacts, to the ECOWAS Secretariat for circulation to all member states to help co-ordination and information exchange.
- Donors are requested to support establishment of a regional network to enhance cooperation between NFP's
- Enhancement of mechanisms. leading to police information exchange and to record-keeping and tracing of seized and captured stocks.
- Donors are requested to support police cooperation through the Interpol Bureau in West Africa; especially exchanging information on illicit trafficking in arms, drugs and money laundering and in seized and, captured stocks. Assistance could be provided to national police forces to enable them to liaise with Interpol.

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II- Actions that can facilitate interactions leading to regional cooperation:

Enhancement of regional focal points:
- Participants recognise the important role of the Nairobi Secretariat in this regard. Priority should be given to an operational Secretariat that can co-ordinate and inform the process of establishment of National Focal Points in the region, share information and support NFP's with common guidelines and criteria such as standard operating procedure, structure, functions, etc.
- Further workshopping and discussion must take place between the Secretariat and National Focal Points to develop formats and mechanisms on function, co-ordination and cooperation, including those that must serve information exchange to comply with the Nairobi Declaration and Co-ordination plan of action.
- Urgent adoption, signature and ratification of the Draft Protocol on Firearms and Ammunition for the Great Lakes and the Horn created in 2001 by the Eastern African Regional Police Chiefs Committee.
- Enhancement of mechanisms leading to police criminal information exchange and for record keeping and tracing of seized and captured stocks. National Focal Points are encouraged to make use of the EAPCCO secretariat in this regard.
Member states are encouraged to address the apparent mistrust between agencies, on the national level, and member states, on the regional level to share information on SALW Mechanisms such as the creation and maintenance of national databases and sharing of information on seized and captured stock, surplus stock and criminal investigation should be utilised to build trust and cooperation between agencies and states.
Technical assistance and support from partner governments on the following issues can be of great value particularly on technology, training of specialized illicit firearms units (identification and capture), and training on illicit stock-holding and/or destruction techniques for seized and captured stocks.
The establishment of a regular consultation process to co-ordinate efforts and prepare for Nairobi Declaration Ministerial review conferences, the Biannual meeting at the UN and the UNPoA review process, in the framework of the OAU are of particular importance. The group recommends that member states and partner governments engage in the following:
- Consultation mechanisms to review and reinforce the compliance with the Nairobi co-ordinated agenda for action.
- Assistance and compliance with OAU recommendations leading to an African Action Plan emerging from the Bamako Declaration.
- Consultation mechanisms for a common position for the UNPoA review process.
Support for the establishment of a culture of democratisation and good governance in the region is crucial to the success of the implementation of the UN Programme of Action, the Bamako Declaration and the Nairobi Co-ordinated Agenda for Action. These two issues lie at the root of many of the conflicts in the region, and addressing it in a sustainable and comprehensive manner will eliminate much of the demand for SALW in the region. Technical assistance, capacity building and support from partner governments will make the achievement of these objectives possible.
The creation of a regional centre for arms management where law enforcement agencies and other actors such as civil society can be trained and where information and expertise can be provided is a priority. Partner governments can provide technical assistance, training and capacity building to such a mechanism and support the creation and maintenance of such an institution.

Southern African:
Chair:

Ambassador Carlos dos Santos (Mozambique) The group noted that its subregion is the only one with a legally binding regional Protocol for the Control of Firearms, Ammunition and Other Related Materials. As such the group decided on the following recommendations regarding national priorities, urgencies and requirements for implementation of measures for the prevention, control and eradication of SALW.

I - Actions that can facilitate national implementation to agreed recommendations

The principal focus of implementation should be the SADC Firearms Protocol and this should be the guide for plans to improve operational capacity, review legislation and undertake public awareness including collection. The SADC Protocol is the starting line for practical implementation that will also enable each country to comply with UN and OAU principles on SALW.
Structures that can assist implementation at national level: The Establishment of National Focal Points and/or national co-ordination agencies/bodies. These national focal points should not be considered unidimensional but be truly inter-agency and inter-ministerial representing key actors in the prevention, combating and eradication of SALW, such as customs, immigration, defence, police, foreign affairs, etc. The group also recommended that the NFP should work on a routine basis - with weekly, if not daily interactions.
Strengthening of operational capacity:
- The greatest priority is for record-keeping and the maintenance of computerized records. It was noted that only two countries in the region are partially computerized but urgent technical assistance is needed to develop these systems.
- Training law enforcement officials on forensics, ballistics, and use of computer equipment. Labs are needed in all countries.
Provision of modern search and detection equipment including scanners, portable telecommunications and computers.
Review and harmonization of national legislations to include not just firearms legislation but all other legislation that affects organized crime and criminal activities. Special attention should be given to new regulations governing brokering, money laundering and organized crime.
National research and mapping to determine which areas are prone to the problem of SALW; what areas are in need of operations, of which type, and with what resources.
Preventative public awareness and education campaigns to alert the public to the dangers of misuse of firearms: training and capacity building to improve the manner in which these campaigns are managed, are also important.

II- Actions that can facilitate interactions leading to regional cooperation

Establishment of Regional Focal Points as recommended by the SADC Protocol and the UNPoA to improve information exchange in the region.
Improving the information exchange and co-ordination between SADC and SARPCCO secretariats and at the service of the SADC technical committee on SAM of the Organ on Defence, Security and Politics. We need to perfect our internal mechanisms.
Urgent ratification of the SADC Protocol on Firearms and Ammunition by August 2002, here the group noted that already two countries had ratified.
Conducting joint operations across borders on all aspects of illicit crime and in particular for the object of seizing and capturing illicit arms.
Implementing the recommendations of the SARPCCO training committee for acquiring training on joint operational skills, legal skills, and border operations.
Encouragement of the continuation of the successful Operations Rachel mechanism across borders to seize and destroy caches, and encouragement to cross-border operations in charge of SARPCCO for the identification, seizure and destruction of illicit trade in SALW in the region.
Enhancement of mechanisms leading to police information exchange and to record-keeping and tracing of seized and captured stocks, including:
- Streamlining information through Interpol and SARPCCO channels including improved use of RIVETS Formats
- Technology
- Training of specialized illicit firearms units (identification and capture)
- Training on illicit stock-holding and/or destruction techniques for seized and captured stocks
- Training of specialized units to undertake collection and destruction of SAM caches in the SADC region.
Workshopping in the region leading to eventual harmonization of legislation and developing new legislation when needed.
Exchange of information and conducting meetings region-to-region (particularly between Southern and Eastern Africa).
Conducting comparative research with neighbours and equally affected countries using local people, policemen and officials and with the assistance of international experts and civil society. Finally, the Group indicated that its recommendations should be prioritized taking into account what a country can undertake nationally, what it can do cooperatively with neighbours and what requires foreign assistance.

Differences and commonalities

the need for the establishment of National Focal Points and/or national co-ordination agencies where they do not already exist;
the establishment of Regional Focal Points to assist regional co-ordination and information exchange;
the need for strengthening of regulations for arms management, including the need to strengthen and harmonize legislation to that effect;
the need to engage in training an capacity-building programmes for law enforcement, I including stockpile management, monitoring, destruction, and border controls;
the improvement, where needed, of operational capacity for enforcement, including stockpile management, monitoring, destruction, and border controls;
the enhancement of information exchange and cooperation mechanisms to prevent, combat and eradicate illicit small-arms trafficking;
the strengthening of the ability of States to cooperate in identifying and tracing in a timely and reliable manner, illicit SALW;
the reduction of availability and demand through:
1. preventing, combating and eradicating illicit arms production, possession and transfers;
2. emphasis on public awareness and education;
3. effective collection and destruction mechanisms for both surplus and illicit arms; and
4. rehabilitation and reintegration assistance to demobilised soldiers, ex-combatants and, in particular, child soldiers.
the reduction of the impact of arms availability on vulnerable groups.

16. Further, all groups recommended the improvement of existing structures for co-ordination and management of cooperation, including regional and continental secretariats. In this respect participants urged their respective regions to ratify existing agreements to prevent, combat and eradicate the illicit trade of SAM in all its aspects; to create such subregional initiatives and agreements where they do not exist, and to recommend to the OAU/AU Secretariat that a long-term process be commenced to generate an action programme attached to the Bamako Declaration that is compatible with existing subregional initiatives and with the targets of the Vienna Protocol on Firearms supplementing the UN Convention on Transnational Organized Crime, the African Convention on the Prevention and Combating of Terrorism and with the UNPoA, and that this process be consultative, involving all African countries through the preparation of a continental representative meeting of government experts.
17. Finally, participants generally agreed to concentrate their implementation efforts per subregion, taking into account immediate and longer-term needs characteristic of each subregion; and to concentrate short-term action on capacitybuilding, training and technical assistance needs as these were perceived to be both fundamental and urgent to ensure long-term sustainability and ownership of action.

Partnerships

18. Having noted the different needs and priorities by region and the overall commonalities and urgencies, the conference participants then proceeded to discuss potential partnerships to assist in the implementation of these needs. In order to undertake this task, a working group of OECD countries was formed that reflected on core guidelines for partnership arrangements between African countries and OECD countries as well as their subregional structures as appropriate.
The following partner working group core guideline principles were then discussed with African countries in the context of the UNPoA:

Projects concerning African countries should reflect African needs and priorities. These can vary between subregions and countries.
African countries should have ownership of the process. Assistance and cooperation should be demand driven.
Partnership with civil society should be supported at all stages of SALW projects.
SALW projects should not be looked at in isolation, but in a comprehensive manner focusing amongst other issues on security aspects of development as well as humanitarian relief needs.
Partnerships should be oriented so as to ensure sustainability of efforts, and should be determined on a case by case basis taking into account the local environment and implementation capacities.
Partnerships should be consistent with the UNPoA, the Bamako Declaration and other regional and subregional arrangements and should support their aims and objectives through concrete practical actions.
To aid co-ordination, potential partners should seek to inform UNDDA of partnership opportunities as they arise, including feedback on lessons learned, to ensure complementarity at the global, regional, subregional and national levels. This should not exclude other informal exchanges of information between countries and regions.
Such co-ordination should be open and transparent and seek to establish complementarity of effort in order to avoid duplication or frustration of other related SALW activities and to ensure the best use of the international community's resources.
Relevant parts of all governments, including development agencies, should be engaged in the Implementation of the UNPoA.

19. In the discussion of these emerging guidelines, conference participants recommended that:

partnerships should emerge between governmental agencies, between governments, between regions, and between governments and civil societies;
since Africa is not isolated from its context, the UNPoA must be implemented nationally, regionally and globally;
should additional international assistance be needed, this should be pursued in an organized and cooperative fashion according to the needs of African subregions independently and as a whole; and 19.4 partnerships should also support the mechanisms created by the OAU and subregional organizations for the prevention management and resolution of conflict in Africa .

20. In addition, a number of African countries also remarked that assistance is not necessarily economic. For example, they emphasized the key role that OECD countries could play in using their bilateral contacts with supplier states to discuss export control issues and attempt to obtain undertakings that these states exercise particular restraint in their small arms and light weapons exp The discussion on partnerships agreed that there is a need for the generation of an effective partnership between OECD countries and African countries in all aspects of the implementation of the UNPoA; participants agreed to recommend improved interactions and the sustainability of a long-term dialogue to promote implementation of the UNPoA in Africa. Furthermore, and in relation to the partnerships possible between governments and civil society, the Conference noted that collaboration is desirable and should be expanded.
21. The discussion on partnerships agreed that there is a need for the generation of an effective partnership between OECD countries and African Countries in all aspects of the implementation of the UNPoA; participants agreed to recommend improved interactions and the sustainability of a long-term dialogue to promote implementation of the UNPoA in Africa Furthermore, and in relation to the partnerships possible between communities, civil society and government.
22. To this effect, conference participants considered a number of presentations given by civil society at the conference on different aspects of the problem of the illicit trade in small arms and light weapons in all its aspects. Presentations included the following aspects: collection, destruction and public awareness; stockpile management and monitoring; improving operational capacity for enforcement including enhanced border control; enhancing legislation; production, possession and transfer controls; enhancing information exchange and cooperation to control illicit small arms trafficking. The case study of the United Republic of Tanzania national plan was presented by government officials, Tanzanian civil society and international experts. This was perceived to be a comprehensive national plan of action for arms management and disarmament which included strong partnerships between communities, civil society and government.
23. Out of the civil society presentations, the case study and ensuing debates, arose a number of civil society recommendations to the conference. These focused on the different roles that civil society can play in support of the UNPoA, including:

direct implementation assistance (such as the role of civil society in support of government in the implementation of the Tanzanian National Plan for Arms Management and Disarmament);
the provision of expertise on technical topics (such as legislation harmonization, research on the impact of small arms on local communities, marking and tracing and destruction techniques);
public awareness-raising and the promotion of a culture of peace (for example gun-collection campaigns, enhancement of personal security, and public education campaigns);
academic and policy research and dissemination (through, for example, the creation of statistical and qualitative surveys on the nature and status of the problem; innovative policy interventions at local and national level; publication, dissemination and exchange of information on specific aspects of the problem and its potential solutions);
training and capacity-building (such as NGO training for specialization on small arms issues; training of public officials; and training of trainers);
facilitation of dialogue between affected communities and international partners at both government and civil society levels (such as identification of urgencies and priorities at grass root level and making the voice of communities heard at policy level; and identification of potential sources of funds in support of national programmes of action); and
advocacy (such as monitoring the flow and impact of the illicit trade in small arms and light weapons in all its aspects). 24. The conference participants expressed their warm gratitude to the Government of South Africa and to the Organizing Committee for their generous hospitality. They also recorded their sincere appreciation to the Secretariat and to SaferAfrica in particular, for their excellent organization of the Conference.

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