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Towards a Safe and Secure Nation: The First Consultative Conference on Firearm Control, Ownership and Administration in Botswana, 13-15 May, 2003

Developments on the SADC Protocol on Firearms, Ammunition and other related materials
Dr P Ramsamy

1. Small Arms and Light Weapons continue to feature at the centre stage of SADC's security concerns. With the advent of peace in Angola and positive prospects for political and military stability in the DRC, SADC faces the challenge of Demobilisation, Disarmament and Reintegration (DDR) in these two Member States.
2. The prevalence of high levels of absolute poverty where there is an abundance of firearms represents a danger not only to people but also to wildlife.
3. SADC is also concerned with the linkage of firearms, drug trafficking and environment. The complex international network of manufacture and trading calls upon law enforcement agencies to strengthen cooperation especially with regard to marking, tracing and brokering control.
4. Whereas in some of the SADC Member States it is an individual right to own a firearm, the motivation behind that right needs scrutiny. Only well trained, equipped and connected law enforcement can live up to such a challenge.
5. SADC policy on firearms is outlined in two main protocols namely the Protocol on Politics, Defence and Security Cooperation which set out the principles of cooperation in these areas, and the Protocol on Firearms, Ammunition and Other Related Materials which details specific issues on firearms, both signed in August 2001 in Blantyre, Malawi.
6. The protocol was developed following a Summit decision in August 1999 in Maputo Mozambique for SADC to pay special attention to the issue of the proliferation of and trafficking in Small Arms and Light Weapons.
7. Given the fact that SARPCCO was active on the law enforcement component of small arms, the Summit saw it fit to appoint SARPCCO as the implementing organization of SADC policies on the issue.
8. The Firearms Protocol was signed by all Member States except Angola which could not sign at the time due to the politico-military situation that prevailed in that Member State. However, Angola has indicated that the situation has changed in the wake of peace and is in the process of signing and ratifying this important protocol.
9. The Protocol has since been ratified by seven Member States, namely Botswana, Lesotho, Malawi, Mauritius, Mozambique, South Africa and Tanzania. It needs two more ratifications to muster the necessary number to enter into force.
10. The Secretariat continues to work with the remaining Member States to expedite the ratification.
11. As part of the facilitation for the entry into force of the protocol, the Secretariat has been working with cooperating partners such as the EU within the agreed framework of cooperation to fund a number of planned activities.
12. In this regard, the EU included in the EDF the issue of Small Arms as one of the priorities. The Secretariat has submitted the Annual Work Plan (AWP), together with other plans. It is expected that as soon as the EU endorses the Annual Work Plan, some of the envisaged activities therein submitted by the SARPCCO Secretariat and endorsed by the Ministerial Committee of the Organ will be implemented.
13. It is also important to note that the Strategic Indicative Plan of the Organ, currently in the process of finalization, considered the issue of Small Arms as one of the top priorities in the region.
14. SADC also took the issue of small arms as a concern in the efforts of combating terrorism on the grounds that, in our region, terrorism takes various forms. One of the forms is the use of small arms to commit violent crime. This creates a sense of insecurity of the common citizens and scares away development investment so needed in our region.
15. Also important to note is the role of civil society in the preparation for the full implementation of the protocol. The prime referents of the aims of the protocol are the citizens. It is, therefore, important that civil society finds a space to, responsibly and appropriately, participate in building public safety and defence of the region.
16. SADC Secretariat, as the main executive institution of SADC responsible for advising and assisting Member States in the formulation and implementation of policies and programmes, is and shall endeavour to achieve that in as professional a manner as possible.
17. By way of information, the Secretariat assists in implementing and monitoring that process. The actual implementation is done by Member States.
18. In terms of institutional arrangements, the issue of Small Arms falls under the InterState Defence and Security Committee (ISDSC) of the Organ. And this is where all relevant activities are reported.
19. Perhaps it should be noted that only after the signature of the Protocol on Politics, Defence and Security Cooperation and the amendment of the Treat', the Secretariat was mandated to service the Organ. Accordingly, the structure at the Secretariat is not yet fully staffed to be able to meet the multiple demands in the area of Politics, Defence and Security Cooperation.
20. However, despite the meager financial and human resources, the Secretariat will do its outmost to ensure that the Protocol enters into force in an environment that allows its smooth implementation. The final responsibility nevertheless in all this exercise rests with the Member States.
21. Finally, it is important to stress the role of cooperation. The Proliferation of and trafficking in small arms is an international phenomenon that can only be tackled successfully with strong cooperation built on trust and mutual respect. It is in this respect, that SADC congratulates SaferAfrica/Saferworld partnership for its assistance to our Member States in holding national conferences and finalizing their national plans and institutional set up.

Status of Signature, Ratification and Acession to the SADC Protocol on the control of Firearms, Ammunition and other related materials as tabled for signature on 14 August, 2001

1. ANGOLA
   Date of Signature:
   Date of Ratification:
   Date of Accession:
2. BOTSWANA
   Date of Signature: 14.08.01
   Date of Ratification: 14.08.01
   Date of Accession:
3. DR CONGO
   Date of Signature: 14.08.01
   Date of Ratification:
   Date of Accession:
4. LESOTHO
   Date of Signature: 14.08.01
   Date of Ratification: 27.09.02
   Date of Accession:
5. MALAWI
   Date of Signature: 14.08.01
   Date of Ratification: 24.09.02
   Date of Accession:
6. MAURITIUS
   Date of Signature: 14.08.01
   Date of Ratification: 04.01.02
   Date of Accession:
7. MOZAMBIQUE
   Date of Signature: 14.08.01
   Date of Ratification: 20.09.02
   Date of Accession:
8. NAMIBIA
   Date of Signature: 14.08.01
   Date of Ratification:
   Date of Accession:
9. SEYCHELLES
   Date of Signature: 14.08.01
   Date of Ratification:
   Date of Accession:
10. SOUTH AFRICA
    Date of Signature: 14.08.01
    Date of Ratification: 27.01.03
    Date of Accession:
11. SWAZILAND
    Date of Signature: 14.08.01
    Date of Ratification:
    Date of Accession:
12. TANZANIA
    Date of Signature: 14.08.01
    Date of Ratification: 24.12.02
    Date of Accession:
13. ZAMBIA
    Date of Signature: 14.08.01
    Date of Ratification:
    Date of Accession:
14. ZIMBABWE
    Date of Signature: 14.08.01
    Date of Ratification:
    Date of Accession:

Entry into Force:

• Angola is required to sign and ratify.
• Except Botswana, Lesotho, Malawi, Mauritius, Mozambique, Tanzania and South Africa, the other Member States are required to ratify.

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