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The First Ministerial Review Conference of 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

Operational Guidelines of the Nairobi Secretariat - Functions, Tasks and Staffing

1. INTRODUCTION

1.1 The Nairobi Declaration on the problem of the proliferation of illicit small arms and light weapons in the Great Lakes Region and Horn of Africa designates1 the Kenyan government to co-ordinate2 the follow-up to the declaration in consultation with the respective national mechanisms established by States Parties.3 For this intent and purpose the Nairobi Secretariat was established and subsequently mandated by the Co-ordinated Agenda for Action to implement the Agenda, and co-ordinate the Implementation Plan.

1.2 Making the Secretariat operational, and therefore enabling the implementation of the Agenda for Action, and co-ordinating the Implementation Plan, requires action from both the Secretariat and States Parties. States Parties, through the Nairobi Declaration, its Co-ordinated Agenda for Action and Implementation Plan have defined the mandate and functions of the Nairobi Secretariat. The Secretariat is responsible for developing a workplan to implement these. Establishing National Focal Points, making them operational and maintaining them are the responsibilities of States Parties. Together these two activities will empower the Nairobi Declaration. With the one or the other lacking, the Nairobi Declaration will not fulfil the objectives States Parties have set out to achieve.

1.3 The mandate, functions, tasks and guidelines presented here is the contribution of this Secretariat to empower the Nairobi Declaration.


2. TERMINOLOGY

2.1 To ensure synergy on the implications of the roles and functions of the Nairobi Secretariat, the following definitions are used as a basis for deliberation:

a) Co-ordinate: organise the different elements of a complex body or activity as to enable them to work together effectively.4

b) Engage: establish a meaningful contact or connection with.5

c) Establish: initiate or bring about.6

d) Facilitate: make an action or process easy or easier.7

e) Function: An activity or purpose natural to or intended for a person, body or thing. Does not have an end state or time context.8

f) Guideline: general rule, principle, information or advice aimed at resolving a problem or difficulty.9

g) Implement: performance of an obligation to put a plan, decision, agreement, etc into effect.10

h) Task: A piece of work to be done or under taken. Normally within a given period of time.11

i) Definitions and terms as defined in the Nairobi Declaration, The Co-ordinated Agenda for Action and the Implementation Plan, remains as agreed upon by States Parties.

3. MANDATE

3.1 The mandate of the Nairobi Secretariat is to Implement12 and Co-ordinate13 the Agenda for Action.

4. FUNCTIONS

4.1 The Functions and Responsibilities of the Nairobi Secretariat are to:
a) Co-ordinate and Implement the Agenda for Action.14

b) Co-ordinate the activities of National Focal Points15 in terms of the Agenda for Action.

c) Interact with National Focal Points and Facilitate interaction between National Focal Points.16

d) Interacting with Sub-regional, Regional and International agencies on the implementation of the Agenda for Action.17

e) Assist and co-ordinate interactions with civil society.18

f) Assist and co-ordinate the exchange and dissemination of information.19

g) Conduct and Facilitate research to support the implementation of the Agenda for Action20 and sustain a comprehensive strategy to combat the illicit proliferation of small arms and light weapons.21

h) Identify22 and gather lessons learned during the implementation of the Agenda for Action, process lessons learned and issue guidelines for application.

i) Assist and co-ordinate the building of capacity for a sustainable approach to the problem of small arms and light weapons, of:
(i) The Nairobi Secretariat23

(ii) National Focal Points24

(iii) Regional and national agencies involved in the implementation of the Agenda for Action.25

(iv) Civil society groups involved in the implementation of the Agenda for Action. 26
j) To develop, in conjunction with States Parties and available expertise in International agencies and civil society, guidelines for implementation on various issues27 such as:

(i) Legislation.28

(ii) Collection.29

iii) Safe Storage.

(iv) Destruction or disposal.

(v) Information Exchange.30


k) Issue Guidelines for implementation on issues as identified above.

l) Assist and co-ordinate Public Awareness Programmes on the implementation of the Agenda for Action.31

m) To co-ordinate, seek support, solicit funds and sustain interaction with the international and donor community in support of the Agenda for Action.32

5. TASKS

The tasks of the Nairobi Secretariat in fulfilling its functions are either specifically mandated in the Agenda for Action or the Implementation Plan, or they are implied. In terms of the mandate and functions of the Secretariat the tasks are to:

5.1 Co-ordinate and implement the Agenda for Action

Develop and co-ordinate an implementation plan with all stake holders.
a) Issue guidelines for implementation, including timeframes, desired results, minimum standards and requirements.

b) Follow-up, monitor and facilitate progress.

c) Allocate resources for implementation as they become available as per agreed budget.

d) Co-ordinate and facilitate joint activities for implementing and sustaining of the Agenda for Action.

e) Co-ordinate and facilitate communication between the Secretariat and National Focal Points, and between National Focal Points on the implementation Plan.

5.2 Co-ordinate activities of the National Focal Points in terms of the Implementation Plan
a) Co-ordinate and Facilitate the establishment of National Focal Points.

b) Issue guidelines for operating procedures.

c) Monitor and facilitate progress with establishment and progress of implementation of the Agenda for Action.

d) Co-ordinate and facilitate technical assistance, workshop organisation and resource allocation for National Focal Points where available and as solicited by the Secretariat.

5.3 Interacting with Sub-regional, Regional and International agencies on the implementation of the Agenda for Action
a) Engage with sub regional, regional and International agencies on implementation of the Agenda for Action to:

(i) Keep them informed of the progress with implementation.

(ii) Collect and disseminate information from these agencies that can enhance implementation of the Agenda for Action to the National Focal Points and other stakeholders.

b) Co-ordinate and facilitate support for implementation from these agencies.

5.4 Assist and co-ordinate interactions with civil society
a) Interact and exchange information on the implementation of the Agenda for Action with civil society.

b) Encourage and facilitate the participation of civil society in the implementation of the Agenda for Action on the sub regional and national levels.

c) Publicise and circulate a bi-annual newsletter in conjunction with civil society to disseminate information to all stakeholders.

5.5 Assist and co-ordinate the exchange and dissemination of information
a) Create and maintain the mechanisms to exchange and disseminate information with:

(i) Sub-regional, Regional and International Agencies

(ii) National Focal Points

(iii) Civil Society

b) Facilitate the flow of information between National Focal Points and sub-regional and regional agencies on Implementation of the Agenda for Action.

c) Facilitate the flow of information between National Focal Points and the Secretariat, between National Focal Points, between the Secretariat and Civil Society and between civil society and National Focal points on Implementation of the Agenda for Action.

5.6 Conduct and Facilitate research to support the implementation of the Agenda for Action
a) Identify topics for research on the sub regional and national levels according to the needs for implementing or support of the Agenda for Action, and or, according to the needs identified by National Focal Points.

b) Co-ordinate research studies with civil society, other national and regional agencies according to the needs identified.

c) Disseminate information and results of research studies to all stake holders.

d) Analyse recommendations, and where appropriate, develop guidelines for implementation or improvement.

5.7 Lessons Learned
a) Identify and consolidate lessons learned during implementation on the national and sub-regional levels.

b) Analyse the lessons learned and develop guidelines to enhance the Implementation of the Agenda for Action.

c) Issue guidelines and monitor and facilitate implementation.

5.8 Capacity Building
a) Assess the capacity of Law Enforcement Agencies in the region that will be tasked with the responsibilities to implement the Nairobi Declaration.

b) Analyse the assessment, determine areas where capacity is lacking or weak, and develop curricula for building the capacity and training those Agencies to fulfil their responsibilities.

c) Negotiate or facilitate support from the International Community to assist with the capacity building and training.

d) Issue guidelines to States Parties for inclusion in national training curricula / attendance of training courses as facilitated.

5.9 Meetings and Workshops

The following meetings have been planned in the Coordinated Agenda for Action and the Implementation Plan. Where possible meetings will be combined or held back-to-back.
a) Organise an annual Ministerial Meeting to review progress on Implementation of the co-ordinated Agenda for Action, and provide guidelines for the way forward33 review of the strategy and provision of strategic guidelines for future implementation.34

b) Organise an annual seminar for personnel from the National Focal Points and the Nairobi Secretariat to promote interaction and review common strategies.35

c) Establish an annual roundtable to discuss implementation problems and solutions. The roundtable will be held on a rotational basis in States Parties and will bring together participants from the Secretariat, National Focal Points, experts, other agencies and organisations and civil society.36

d) Organise an annual capacity building workshop, on rotational basis, where all personnel from National Focal Points and the Nairobi Secretariat can meet and interact, revise common methodologies and exchange ideas.37

e) Convene a regional workshop in conjunction with EAPCCO to identify training needs for the region, areas for bilateral and multi lateral agreements and cross border areas where national and international agencies are operating, with a view to co-ordinate their efforts for the enhanced provision of human security.38

f) Convene a meeting of appropriate experts to discuss possible ways of preparing and implementing collection, safe storage, destruction or responsible disposal of small arms and light weapons. Develop guidelines and procedure for ensuring that surplus small arms and light weapons are securely stored, destroyed or responsibly disposed of.39

g) Convene a meeting of appropriate experts to discuss policy guidelines to provide accountability and effective control over state-owned small arms and light weapons.

6. ORGANISATION AND STAFFING

6.1 Main Function Areas and Requirements for Staffing

Analysing the Mandate, functions and responsibilities of the Nairobi Secretariat indicates that the Secretariat has the following main function areas to deal with on a daily basis:
a) Planning: Most activities, guidelines and specific tasks of the Secretariat will require detailed planning before they can be carried out. In most cases the planning does require specialist knowledge in terms of small arms and light weapons and related issues, law enforcement practice and structures in the sub-region and access to such information and knowledge.

b) Co-ordination: Nearly all activities for implementation require co-ordination from the secretariat. Specialised knowledge in terms of the subject matter, law enforcement practice and structures will be a requirement to fulfil this function properly. Co-ordination will essentially take place on a sub regional level and established communication and co-ordination channels will be explored for this purpose. Civil society co-ordination and interaction may require a separate contact point/person for this function.

c) Information Management: The life blood of the Nairobi Declaration is the effective flow of information. The Secretariat will have to deal with information flow within official channels, as well as to and from civil society and the general public on a daily basis. Skills and experience in information management in both the official and public domain will be required for this function area.

6.2 Other requirement


The co-ordination of the work of the Secretariat will be a full time responsibility. Functioning within a sub-regional environment, and with responsibilities from political to law enforcement to civil society activities within that sphere will require proven abilities to manage and co-ordinate on an international level, as well as thorough understanding of the subject matter at hand. The co-ordinator of the Nairobi Secretariat will have to be dedicated to this function on a full time basis.

6.3 Structures

The States Parties thank the Government of Kenya for its continued support and management of the Nairobi Secretariat, and the international donor community for their assistance. The States Parties further note that the location of the Nairobi Secretariat in the Ministry of Foreign Affairs is an interim arrangement and that consultations should take place between the Nairobi Secretariat, States Parties and relevant subregional organisations to determine its final location, composition and funding.

6.3.1 Interim arrangements and staffing
a) Proposed interim staffing: As a start and for immediate implementation the Secretariat will have to consist of the following interim basic structure if it is to function as intended:


There is funding immediately available from the UK Government for four of these staff members. It is agreed that the first four staff to be recruited should be the Co-ordinator, an Information Officer, a Secretary and one post that initially combines the functions of the Planning and Co-ordination Officers.

b) Recruitment procedure: It is agreed that the Co-ordinator and Secretary should be Kenyans and that the Information Officer and Planning/Co-ordination Officer should be from other countries in the region. At least one of these posts should be filled by a French-speaking person. The posts should be advertised through the NFPs and other partners including civil society. A recruitment panel will be established consisting of the Co-ordinator of the Nairobi Secretariat, the Head of an established NFP, a representative from the Friends of the Nairobi Declaration and a representative of civil society.

6.3.2 Regional representation and location

Consultations should take place between the Nairobi Secretariat, States Parties and relevant subregional organisations to discuss the institutionalisation of the Nairobi Secretariat, the compatibility with other sub-regional structures (eg. EAPCCO), the location of the Secretariat and the sustainability of funding (including financial commitments from States Parties). A support structure in the form of a co-ordinating committee of Heads of NFPs will be established once the EAPCCO Protocol has been signed. The function of the committee will be to provide extra capacity and implementation oversight to the Nairobi Secretariat.

REVISED WORKPLAN AND GUIDELINES FOR IMPLEMENTATION

Revised Programme for Implementation and Action:

Realistic implementation of the approved Programme for Implementation is no longer viable. Target dates and activities were rescheduled in a draft Implementation Plan (See Appendix A) for discussion and approval during the experts meeting.

Detailed guidelines are as follows:


1. Establishment of National Focal Points:

States Parties will establish a National Focal Point by 26 Oct 2002.40 Guidelines for establishment are discussed in SAEM/GLR.HOA/2 page 1, par 1.2.
  • Support:
    • Resources:
      States Parties should provide the resources for the establishment of the NFP. However, the following resources are available at the Secretariat on request:
    • USD 5 000.00 for start-up cost (equipment etc.)
    • USD 5 000.00 for NFP planning meetings
    • Substantive:
      The National Focal Point in Tanzania has been fully established. Ideas on structure, functions and Standing Operating Procedures, etc. can be obtained for the NFP Co-ordinator, Assistant Commissioner of Police D.W. Hayuma, or the Project Manager Mr Jakkie Potgieter from Saferafrica.(See conference contact list)


  • Other Requirements:
    • NFP's should, by no later than 11 Nov 2002, inform the Secretariat of the following details:
      Name List and Contact details of members of the NFP, For Example:
      NFP Co-ordinator:
      Rank, name
      Phone number, Fax number, Mobile phone number, e-mail address.
      Physical address
      Mailing Address
    • NFP Co-ordinators should convene a planning workshop with members of the NFP, and plan their activities for the Year 2002/3 in accordance with SAEM/GLR.HOA/2 by 29 Nov 2002. NFP Programmes for 2002/3 should be forwarded to the Secretariat by 09 Dec 2002 for co-ordination and distribution to all NFP's.
  • Consolidated Contact List and Year Planner:
    The Secretariat will consolidate all the contact information in a single directory, as well as consolidating the activities for the year 2002/3 in a year planner for co-ordination purposes by 17 Jan 2003 for distribution to all NFP's. NFP's will be responsible for updating the information on a regular basis.
2. Regional Co-operation and co-ordination:
  • Annual Reports for the Ministerial Review Conference:
    NFP's will submit Progress reports to the Secretariat for inclusion in the annual ministerial review conference. These reports will be based on the NFP's yearly programmes and focus mainly on achievement of objectives, lessons learned and suggestions for future implementation. The format of the reports will be discussed in the Standing Operating Procedure to be distributed to the NFP's by 17 Jan 2003.

  • Programmes for the next year:
    Together with annual reports NFP's will be required to submit their planning and activities for the next year of implementation. NFP Co-ordinators will therefore have to ensure that their planning cycles are completed before the yearly Review conference to enable the Secretariat to co-ordinate programmes and activities before the Review Conference.

3. Research:

The Secretariat will identify topics for research studies that can enhance the implementation of the Nairobi Declaration in the sub-region. These topics will be allocated to NFP's for consideration and inclusion in their respective research programmes. Support from Civil Society Partners and international agencies to carry out the research will be facilitated through the Secretariat. This should not discourage NFP co-ordinators to launch their own research projects to enhance implementation of the Nairobi Declaration on the national level. Furthermore, the co-ordination of research projects across borders by the secretariat can greatly enhance the effectiveness of the research and save substantially on resources.

4. Legislative Measures:

The creation of the Sub-regional Protocol on Firearms, Ammunition and Related Materials have to a great extent overtaken the Declaration in terms of the setting of minimum standards for and harmonisation of legislation. The Secretariat will redraft the section on Legislative Measures (SAEM/GLR.HOS/2 par 3, page 4),and issue the appropriate guidelines for implementation, once the protocol has been approved. The requirements for a compendium of National Legislations on firearms, ammunition, explosives and related materials remain urgent and should be complied with according to the Revised Programme.

5. Creation of National Plans of Action:

NFP's should create a master plan for the implementation of the Declaration on the National Level, to enable sub-regional co-ordination and the timely facilitation of expertise and resources needed. The Secretariat will make available guidelines for the creation of National Action Plans by 04 Feb 2003, to assist NFP' in the planning process. To date one National Plan of Action has already been created and implemented (United Republic of Tanzania) and the Republic of Uganda will start with their process on the 26th of August 2002. Advise and expertise on the creation of national Plans of Action can be obtained form the NFP's of Tanzania and Uganda, or from our Civil Society Partners at Saferafrica, Saferworld and SRIC.

6. Public Awareness Programmes:

Public awareness programmes should in essence be part of the National Plans of Action. NFP's that have already developed Public Awareness and Education Programmes can submit those programmes for support to the Secretariat. Financial support to the sum of USD10,000.00 per member state is already available for these programmes.

Notes
  1. The Nairobi Declaration on the Problem of the proliferation of illicit small arms and light weapons in the Great Lakes Region and Horn of Africa. 15 March 2000. Page 4.
  2. SAEM/GLR.HOA/2, par 1.1, page 1.
  3. SAEM/GLR.HOA/1,par 1.3, page 1.
  4. The New Oxford Dictionary of English, London 2001, page 405.
  5. Ibid, page 611.
  6. Ibid, page 629.
  7. Ibid, page 656.
  8. Ibid, page 743
  9. Ibid, page 816.
  10. Ibid, page 917.
  11. Ibid, page 1898.
  12. SAEM/GLR.HOA/2, par 1.1, page 1.
  13. SAEM/GLR.HOA/1,par 1.3, page 1.
  14. SAEM/GLR.HOA/2, par 1.3, page 2.
  15. Ibid.
  16. Ibid.
  17. Ibid.
  18. Ibid.
  19. Ibid.
  20. Ibid.
  21. SAEM/GLR.HOA/1, par 2.2, page 1.
  22. SAEM/GLR.HOA/2, par 1.3, page 2.
  23. SAEM/GLR.HOA/1, par 4.4, page 3.
  24. Ibid, Par 4.5, page 3.
  25. SAEM/GLR.HOA/2, par 4.3, page 6.
  26. SAEM/GLR.HOA/1, par 4.5, page 3.
  27. SAEM/GLR.HOA/2, par 5, page 8.
  28. Ibid, Par 3.4.b) and c), page 5.
  29. Ibid, par 5, page 8.
  30. Ibid, par 6, page 9.
  31. Ibid, par 7, page 10.
  32. SAEM/GLR.HOA/3, par 13, page 11. and SAEM/GLR.HOA/2, par 2.6, page 4.
  33. SAEM/GLR.HOA/2. page 2, par 2.1.
  34. Ibid, page 3, par 2.3.c).
  35. Ibid, page 3, par 2.4.a).
  36. Ibid, page3, par 2.3.b).
  37. Ibid, page 6, par 4.6.a).
  38. Ibid, page 7, par 4.7. a)-c).
  39. Ibid, page 8, par5.4.
  40. Ethiopia requested a two-month extension for the establishment of its National Focal Point which was agreed by States Parties.
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