Presentation of the Governmental Experts report by Mr Francis K Sang, Coordinator at the 2nd Ministerial Review Conference at Safari Park Hotel, Nairobi, on the 20th and 21st of April 2004

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Honourable Chairperson, Your Excellencies and Honourable Ministers, distinguished participants, ladies and gentlemen.

During the First Ministerial Review Conference, in August 2002, the State Parties to the Nairobi Declaration mandated the Nairobi Secretariat on Small Arms to assist the region to prepare for the Interim Ministerial Meeting leading to the UNPoA Review Conference of 2006 and to prepare and hold the Second Ministerial Review Conference to oversee the implementation and development of the Nairobi Declaration on Small Arms and Light Weapons in the year 2004:

The Nairobi Secretariat on Small Arms and Light Weapons organised and hosted the Governmental Experts Meeting on the 17th and 18th February 2004 at Safari Club Hotel, Nairobi, with the following objectives:

To review progress of the implementation of the Nairobi Declaration and discuss the successes and challenges of the Secretariat and the National Focal Points.

To discuss the lessons learnt and devise strategies to capitalise on the successes while addressing the challenges identified.

To identify key priorities for implementation of the Declaration.

To establish the mechanisms for the implementation of the Nairobi Protocol for the Prevention, Control and Reduction of Small Arms and Light Weapons in the Great Lakes Region and Horn of Africa.

To chart the way forward for the coming year and beyond.

Fourty participants comprising of the Coordinators and members of the National Focal Points from the States Parties to the Nairobi Declaration, civil society partners and members of staff of the Nairobi Secretariat discussed pertinent policy and programme issues and made the recommendations as enclosed in the 2nd Ministerial draft declaration for Improved Capacity on Action on Small Arms and Light Weapons.

I want to sum up the main recommendations by the Governmental Experts as follows:

The Governmental Experts thank the Kenyan Government for hosting, facilitating the relocation and operationalization of the Nairobi Secretariat.

The National Focal Point Coordinators reported operational, coordination and financial challenges to effectively carry out some of their undertakings in accordance with the Nairobi Declaration and the First Ministerial Review Declaration

They commended the Nairobi Secretariat, UN bodies and its civil society partners, namely SaferAfrica, Saferworld and Security Research Information Centre (SRIC) for advancing considerable support to the regional coordination and implementation of the Nairobi Declaration on the problem of small arms and light weapons in the Great Lakes and Horn of Africa. Not forgetting other Civil Society Organisations who have been active with their activities in support of the Nairobi Declaration.

The participants urged State Parties to the Nairobi Declaration to take ownership of the Nairobi Initiative for sustainability of the Regional Agenda for Action.

Participants noted with appreciation that in spite of resource limitation, the Nairobi Secretariat has managed to implement the operational guidelines as identified by the First Ministerial Review Conference in the year 2002 sufficiently.

The in-depth discussion on the issue of ownership of the initiative to ensure that the Nairobi Declaration does not appear donor driven took place. Participants resolved that it was very necessary for States Parties to the Declaration to earmark, in their national budget, funds to support the Nairobi Secretariat and their respective National Focal Points. All the heads of the delegations representing the States Parties were asked to inform their governments respectively.

Participants lauded the significant financial support given by some members of the Friends of the Nairobi Declaration, in particular the U.K. Government through the Department for International Development (DFID).

The participants call upon other donors to provide the necessary support, namely financial, technical and diplomatic.

The Draft Protocol, as adopted by the Chiefs of Police, and as mandated by you during the First Ministerial Review Conference, was discussed in depth. The Governmental Experts Meeting made the following recommendations:

That the Protocol be named after the city of signature, and henceforth be known as: "The Nairobi Protocol for the Prevention, Control and Reduction of Small Arms and Light Weapons in the Great Lakes Region and Horn of Africa".

That Article 18 of the Protocol is amended to appoint the Nairobi Secretariat as the overseeing body for the implementation of the Protocol. As such the Secretariat will:
- Develop and implement the work plan for the implementation of the Protocol.
- Promote the rapid ratification of the Protocol by the States Parties.
- Report back in writing to Ministers on the progress of ratification and implementation, on a six monthly basis.

That Article 25 of the Protocol is amended to appoint the Nairobi Secretariat as the custodian of the Protocol and its instruments of ratification and accession.

That the National Focal Points be mandated to monitor the ratification, the implementation, the execution and the evaluation of this protocol on the national level, in liaison with law enforcement agencies, ensuring adherence to the standards set out therein and informing the Secretariat on a regular basis of progress thereof.

That the National Focal Point Coordinator in each Signatory State be appointed as the liaison between the Nairobi Secretariat and the relevant agencies in each Signatory State on all matters relating to the ratification and implementation of the Protocol.

That the National Focal Point Coordinators of each Signatory State forward a ratification schedule to the Nairobi Secretariat in accordance with Article 22 of the Protocol, within 30 days of signature of the Protocol that will indicate the following:
- Steps for ratification as required by the Constitutional Procedure of the Signatory State.
- Proposed timeframe for ratification of the Protocol with the completion date no later than 30 Sep 2004.

That the Coordinator of the Nairobi Secretariat facilitate an information exchange and coordination process on ratification as a matter of urgency.

The participants proposed follow-up activities to facilitate rapid ratification and implementation of the Protocol. In this regard, a meeting between the Nairobi Secretariat and the National Focal Points Coordinators to discuss and agree on the following activities is scheduled for the 10th - 11th June 2004. The discussion on the guidelines for the implementation of the Nairobi Protocol will focus on the following issues:

Development and issuance of guidelines and instructions for implementation, monitoring, execution and evaluation of the Nairobi Protocol.

Ratification process in each Signatory State.

Finalizing the Standard Operating Procedure and the Reference and Operational Manual for joint operations.

Finalizing the sub-Regional and National Training programmes.

Review of legislation; internal harmonization of laws relating to firearms control in each countries of states parties signatory to the Declaration/Protocol; regional harmonization of firearms legislation between all states in the Great Lakes region and Horn of Africa to bring legislation up to date with the requirements contained in the international and regional agreements.

Operationalization and training of National Focal Points to fulfill their mandate/roles in the implementation of both the Declaration and the Protocol.

Incorporation of the various items of the African Peace and Security Agenda into the mandate of the National Focal Points.

The Nairobi Secretariat has proposed a programme of activities and a work plan for the next project cycle April 2004-March 2007 subject to changes depending on the availability of funds, and these have been annexed to the Annual Report of the Nairobi Secretariat of 2003 enclosed in your Conference folder/bag.

Honourable Chairperson,Your Excellencies and Honourable Ministers, distinguished participants, ladies and gentlemen.

It is now my privilege and pleasure to present to you the 2004 Draft 2nd Ministerial Review Declaration for Improved Capacity for Action on Small Arms and Light Weapons in the Great Lakes and Horn of Africa for further discussion.