African Conference on the Implementation of the United Nations' Programme of Action on Small Arms: Needs and Partnerships

OPENING

Chairs: Representatives of the Governments of Nigeria and the United Kingdom

Welcome I: Department of Foreign Affairs, South Africa (on behalf of Africa Contact Group)

Mr Goosen

This is the first major conference on the illicit trade in small arms and light weapons (SALW) to be held in Africa since the adoption of the United Nations’ Programme of Action (UNPoA). The UNPoA recognizes that the problem affects different countries and regions in different ways, and that each country/region has different constraints and capacities. Despite this, all share the common goal of striving to reduce the number of illicit SALW that flow across their borders as a necessary condition for greater stability with the resulting much-needed socio-economic development. This is vital for the success of the New Partnership for African Development (NEPAD) - the pledge by African leaders to eradicate poverty and encourage sustainable growth and development.

Welcome II: Ministry for Foreign Affairs, Canada (on behalf of Partner Contact Group)

Mr McDougall

The aim of this conference is to build partnerships; develop guidelines for cooperation; and implement commitments in several areas, including those of collection and destruction, raising public awareness, enhancing operational capacity and legislation.

Small arms are the main weapons of choice in conflict situations and are an important factor in aggravating violence and terrorism. Being small, light and easy to use, they severely hamper economic development. Moreover, these characteristics make them easier for children to use: over 300 000 children under the age of 18 are involved in conflicts as soldiers. Canada is ready to support the human security approach to SALW, and emphasizes the importance of a bottom-up, community-based approach to complement global action. It is important to include civil society and NGOs in finding solutions to the problem.

Overview of key commitments as expressed in the plan of action of the United Nations Conference in July– Illicit Trade in Small Arms and Light Weapons in all its Aspects

Ambassador Carlos Dos Santos

The UNPoA presents a framework for action at national, regional and global level. It is founded on the core values of international law as enshrined in the UN Charter, such as the right to self-defence and self-determination. It recognizes the negative impact on children, women and the elderly, as well as the link with terrorism, organized crime and trafficking in drugs and precious minerals. Action is needed on both the demand and supply sides. There are different dimensions to the solutions to the problem of SALW proliferation - security, conflict prevention and resolution, crime prevention, humanitarian issues and development.

The UN commits itself to the following main measures. At national level, the measures range from adopting and implementing adequate laws and regulations on the manufacture and transfer of SALW to ensuring reliable marking and tracing. The UNPoA agreed to criminalize the illegal manufacture, possession, stockpiling and trade of SALW; to keep accurate records; and to penalize illicit brokering. Destroying confiscated SALW and disposing of surplus stocks; developing effective disarmament, demobilisation and reintegration (DDR) measures in post-conflict situations; and the special needs of children were also identified as areas of action.

The effectiveness of national measures depends on a conducive regional environment. Therefore, the UNPoA includes a number of measures to be implemented at regional level, including appointing regional focal points, establishing subregional measures for transborder customs cooperation, and establishing information-sharing networks. Regional measures also provide the basis for global action. Global efforts include collating and circulating information through the UN Department of Disarmament Affairs, and the United Nations’ Security Council (UNSC) adopting DDR measures in peacekeeping operations and mandates. States are encouraged to co-operate with the World Customs Organization. The UNPoA provides states and regions with the ability to develop their own initiatives without hindrance at global level.

Overview of key commitments or recommendations as outlined in the Bamako Ministerial Declaration of 2000

Ambassador Djinnit

While the UNPoA did not address all the key issues of the Bamako Declaration (for example, the transfer of small arms to non-state actors, it is nevertheless an important step in dealing with the problem of SALW). The task now is to implement the UNPoA. This conference should assist in giving effect to the Bamako Declaration. Bamako was a unique process that brought together governments and civil society and produced a progressive, far-sighted commitment by Heads of State that was agreed upon at the last OAU/AU Summit in Lusaka. It is important to note that progress is necessarily uneven across and within continents. Some countries already comply with many provisions of the UNPoA, while others have not yet formulated a comprehensive response. Countries should be given the scope to proceed in ways that best suit their own needs and national priorities.

Bamako includes a number of provisions, including establishing national co-ordination bodies and institutional infrastructure for policy guidance, research and monitoring; establishing appropriate legislation; identifying and destroying surpluses; and developing public awareness programmes in collaboration with civil society. These provisions also appear in the UNPoA. But Bamako goes further than the UNPoA. It also includes the development of national plans of action for legally held weapons; the harmonisation of legislation at regional level to control manufacture and the brokering possession of small arms. The challenge of the conference is to find ways to simultaneously implement the UNPoA and the Bamako Declaration. The OAU/AU plans, in the near future, to organize a conference to work out an implementation programme for the Bamako Declaration, which will identify key activities, appropriate time lines, and budget-support requirements. This would result in a co-ordinated African response to the problem of SALW. The OAU/AU involvement is not just at policy level. In the case of the Comoran Island of Anjouan, the OAU/AU assisted local officials in identifying, collecting and stockpiling weapons. The OAU/AU is willing to extend this action to other member states as well.

Session I: Recent international developments in implementing the United Nations’ Programme of Action

Chairs: Representatives of the Governments of Austria and Kenya

Keynote speech: Co-ordinating regional initiatives on the United Nations’ plan of action

Under-Secretary General Dhanapala

Under-Secretary General Dhanapala noted that one of the fundamental purposes of the UN was the harmonization of the actions of nations in order to achieve common aims. He stressed the importance of synergy at national, subregional, regional and global level and in partnership with civil society, and noted that the chronic problem of SALW and excess stockpiling requires a revolution in arms control affairs, including greater attention to co-ordination and cooperation in addressing the problem. Underscoring the important role of the UN in promoting the implementation of the plan of action and supporting regional organisations such as the Economic Community of West African States (ECOWAS) and the Southern African Development Community (SADC), Under-Secretary General Dhanapala highlighted the role of the UN regional centres and the role of Co-ordinating Action on Small Arms (CASA) in the co-ordination of SALW initiatives amongst 17 UN agencies. He stressed the need for global arms control efforts to be adapted to local circumstances whilst recognising that national and regional efforts must be consistent with global norms and programmes. He also highlighted the importance of long-term sustainability and a genuine sense of ownership on the part of states seeking to implement programmes to tackle SALW.

Recent international developments: perspectives from the UNSC and NATO/EAPC

Director-General Jorg Willy Bronebakk

SALW are a major concern in all regions because of their many deleterious effects. The UNSC has requested the UN Secretary-General to report in October 2002 on ways in which the UN can address the SALW problem. A number of key issues have already been highlighted, including cooperation with tracing, the destruction of SALW in the context of peace agreements, DDR, the enforcement of embargoes, information exchange and cooperation with civil society. The Euro-Atlantic Partnership Council (EAPC) aims to strengthen stability in the Euro-Atlantic area and has an ad hoc working group on SALW to assist regional cooperation and implementation of the UNPoA. EAPC areas of interest include training and best practice on the logistics of SALW control. A fund has been established that has supported programmes in Albania, Moldova and the Ukraine. The Stability Pact aims to support peace and democracy in the region and has developed an ambitious SALW Regional Implementation Plan to enhance cooperation, and to provide a framework for the implementation and donation of resources. A regional clearinghouse is being established in Belgrade to provide advice on the implementation of projects and to provide a forum for exchange of information.

Implementation in Europe

Mr Grieve

The United Kingdom and the European Union (EU) were committed to a positive outcome from the UN Conference. In the end, the agreement of national, regional and global commitments represented a real achievement. The plan of action is a flexible menu for action, allowing states to work together on policies and programmes that will make a difference on the ground. The EU is keen to develop further partnerships and can build on a range of policy frameworks that provide the basis for dialogue with partners from other regions. The EU-SADC working group on SALW allows discussion of implementation priorities, and ways in which the EU can help. This has led to the funding by the EU of Operations Rachel to locate and destroy arms caches in Mozambique. The EU has also supported a range of SALW projects in other affected regions. Improved EU co-ordination will be an important element in enhancing the provision of assistance. The EU supports the implementation of the Organization of Security and cooperation in Europe (OSCE) Document and has exchanged information on national legislation and regulations - including the marking, manufacture and destruction of SALW - extending this year to imports and exports, national stockpiles and security procedures. A template is being developed to assist countries to submit information in advance of June 2002.

Implementation in Asia: Tokyo 2002

Ambassador Donowaki

The UN Conference was a landmark success and a major step forward in programmes to tackle SALW. Japan was determined to work for a successful conference and to ensure that the outcomes would be followed up vigorously. From 23 to 25 January 2002, 47 representatives from 32 governments and a further 32 NGOs participated in a conference held in Tokyo. The objective of the meeting was to maintain momentum from the UN conference and to consider ways forward in implementing the plan of action. There was broad agreement amongst the participants on the value of the plan of action. It was agreed that lack of agreement on some issues should not impede implementation of the plan of action. The plan allows states to proceed at a speed that suits them and provides a basis for action without necessarily bringing in new legislation, for example through record-keeping measures and the establishment of national focal points. It was agreed that civil society could assist in policy formulation, action-oriented research, public awareness raising, and the facilitation of interactions between actors. The lack of a region-wide organisation in Asia means that no common position is held by Asian nations as a whole. For most of the Southeast Asian nations, transnational organised crime, including smuggling and piracy, are pressing concerns. The Pacific Islands Forum has been working on model regulations for the import, export and transit of SALW.

Implementation in Latin America: Chile and Costa Rica meetings 2001

Ms Jessica Cascante and Mr Denis Chouinard

Mr Denis Chouinard

The seminar entitled “SALW in Central America” that dealt with the implementation of those aspects in the UN Programme of Action related to the control and regulation of arms transfers, was held in San Jose, Costa Rica, in December 2001. A seminar on SALW held in Costa Rica in 2001 focussed on the regulation and transportation of SALW. The meeting produced recommendations as to what steps should be taken at national and regional level, and produced a matrix of outcomes linked to the UNPoA and the Inter-American Convention in eight sectors: legislation, judiciary, law enforcement, customs, civil society, international organisations, national co-ordination agencies and the Ministry of Foreign Affairs. On legislation, the document recommends that nations should register arms transactions. At regional level, nations should harmonize appropriate regulations and procedures. Weapons collection and destruction and partnerships with NGOs were also included. The recommendations can be used as a basis for developing national plans of action by, for example, establishing national committees.

Ms Jessica Cascante

The Inter-American Convention is a key agreement since it is an internationally binding instrument. A meeting convened in Santiago, Chile in November 2001 was aimed at exploring the Inter-American Convention as a basis for tackling the illicit trafficking of SALW along with the CICAD model regulations. The seminar had the support of UN Regional Centre in Lima and encouraged the Organization of American States (OAS) and the UN to co-operate with other regions on SALW. It focussed on harmonizing export regulations, tracing systems, civilian possession, databases, customs and other cooperation. National conditions, joint actions and education campaigns were encouraged, as was cooperation with the UN group focussing on tracing.

General overview of the role of civil society in the implementation of the United Nations’ Plan of Action

Ms Joss

UNPoA makes explicit reference to the role of civil society. Whilst the primary role for its implementation lies with governments, it acknowledges a number of ways in which civil society can work with governments to achieve positive results. The inclusion of civil society in the UNPoA is rooted in existing regional initiatives on small arms. The role of civil society differs across countries. The UNPoA confirms that all people have a role to play in eliminating the scourge of small arms proliferation in their communities and countries, both regionally and globally. The role of civil society can be seen through a variety of practical examples, including voluntary weapons collections and their destruction, cooperation between the police and community in reducing gun violence, action-orientated research, raising government and public awareness of the devastating impact of SALW, peace education, the facilitation of interaction between groups and actors, and the sharing of information and best practice. International Action Network on Small Arms IANSA places significant emphasis on the building of regional networks that enhance the capacity of NGOs in affected regions to undertake and ensure that civil society groups are able to share information and support each other. Financial support is needed for these activities, as well as practical initiatives to tackle the proliferation and misuse of SALW.

Priorities for NGOs in OECD countries

Mr Eavis

NGOs from Organization for Economic cooperation and Development (OECD) countries have different priorities covering a full range of issues within the UNPoA. NGOs see the UNPoA as a good base from which to address the issue of small arms, but also wish to push the boundaries of the discussion and to generate political momentum behind the process of the small arms agenda, as well as to create the right climate for change. Specific priorities for implementation include developing effective controls for the supply of small arms. The emergence of governments in the south as suppliers means that an international agreement or convention is now needed to regulate transfers. This would be complemented by international conventions to regulate brokering, marking and tracing. OECD-based NGOs are working with partners in affected regions to develop normative frameworks, for example by studying legislation relating to SALW. Setting standards for national transparency and information sharing is important. This is often achieved by the inclusion of NGOs in the national focal points and developing newsletters to disseminate information on developments. With respect to the development of practical projects, NGOs have been working with partners to map the problem of small arms by creating community forums where the police and civil society can meet. OECD-based NGOs have also been lobbying donor governments to generate assistance for small arms initiatives and to encourage the matching of the needs of affected regions with donor funds and resources.

Priorities for NGOs in Africa

Mr Kamenju

The role of civil society is well recognised in the plan of action. The state needs to share responsibility with civil society, and both need to be responsible to their constituencies. The acceptance of partnerships is a top priority for both players. Governments can often rely on the resources of NGOs to complement their work. The Government of Tanzania, in its comprehensive National Action Plan, illustrates how this is possible. States should develop national focal points to liaise with government and civil society, and with different governments, subregional centres, such as the Nairobi Secretariat for the Horn of Africa and Great Lakes Region, act as liaison mechanisms between each other, and between the national focal points. NGOs can perform an important facilitating role, providing forums for the sharing of information by discussing challenges to find a way forward. NGOs can undertake research in the various thematic areas on the issue of small arms. This can be useful in highlighting to governments how the issue of small arms can be addressed. It is important that southern NGOs are both recipients and providers of training and capacity-building. Networking is important at national and international level to stay informed about the activities of other NGOs to prevent the duplication and wastage of resources. Cooperation between northern and southern NGOs is also important in dealing with local governments and local grass roots organisations. Most African NGOs are poorly funded. Donors, in cooperation with northern NGOs, can share resources and disburse funds.

Session II: Recent African developments and their relevance to the United Nations’ Plan of Action

Chairs: Ambassador Dos Santos, Mozambique and Ambassador McDougall, Canada

Developments - regional/national implementation in the SADC region

Mr Chomar

SADC adopted a Firearms Protocol in August 2001, designed to enhance collaboration to control trafficking in small arms in the region. There are many priorities for implementation, including the establishment of national and regional focal points, a review of national legislation, national assessments to improve capacity for law enforcement including stockpile management, weapons collection, the identification of surplus stocks, encouraging cross-border operations to collect and destroy weapons caches (to build on the successful model of Operations Rachel) and to improve information exchange and record-keeping through Interpol. The SADC Technical Committee met in February 2002 and discussed modalities for regional cooperation and EU-SADC and US-SADC partnerships. It also discussed a possible US-SADC Declaration and cooperation with NGOs. The region is working to ratify the Protocol and is seeking funds for implementation. Identified needs include the computerisation of arms databases, a review of national legislation to ensure compatibility with the Protocol, the provision of cargo scanners to combat illicit trafficking, and a regional conference to discuss experiences of DDR. The key need is capacity-building to enable implementation. SADC is seeking partnerships with donors to help address this. SADC values partnerships with NGOs and the contribution of civil society in all aspects of small arms work.

Developments - regional/national implementation in the ECOWAS region

Dr Ogunbanwo

The UN Conference agreed to important commitments. The need now is to implement these regionally and locally. The key framework in West Africa is the ECOWAS Moratorium that was renewed for three years in November 2001. A ministerial meeting has been agreed to evaluate implementation, but a prior preparatory meeting of officials from member states, Programme for Co-ordination and Assistance for Security and Development (PCASED) and civil society is required. Regional priorities include strengthening the ECOWAS Secretariat; developing a legally-binding instrument that builds on the moratorium; refining PCASED priorities; establishing national focal points (possibly one co-ordinating agency in each country for the UN Plan of Action, Bamako and the ECOWAS Moratorium) that produce annual reports on implementation; strengthening dialogue with arms manufacturers and producers - to maintain cooperation with Wassenaar, but widen it to establish an EU-ECOWAS working group on small arms; developing national registers of small arms and submitting returns to the UN Register on Conventional Arms; establishing a culture of peace and implementing ECOWAS conflict prevention and resolution mechanisms; supporting DDR programmes (including victim assistance and a special focus on child soldiers); collecting and destroying weapons; and establishing tough penalties for arms trafficking. The implementation of all these measures will require mobilising resources for PCASED.

Developments - regional/national implementation in the Great Lakes and Horn of Africa

Ambassador Ligabo

Ten states signed the Nairobi Declaration in March 2000. This was followed in November 2000 by the agreement on an Agenda for Action and Implementation Plan. Priority areas identified in these documents include establishing an institutional framework through the Nairobi Secretariat, harmonising legislation, capacity-building to strengthen law enforcement, information exchange and raising public awareness. Progress in these areas include the establishment of the Nairobi Secretariat; the drafting of a regional legal protocol on SALW control; and the organisation with United Nations’ Regional Centre (UNREC) of a regional training course for police and military officers. A UN fact-finding mission visited Kenya in July 2001 and United Nations’ Department for Disarmament Affairs (UNDDA) has scheduled a regional workshop in 2002 to follow-up on this. Nationally, Kenya has established a National Focal Point (NFP), reviewed its Firearms Act to strengthen sentences, declared an amnesty for illegal weapons and strengthened specialist police units. However, progress in the region with regard to establishing NFPs has been slow- only Kenya, Tanzania and Uganda have done so. Internationally, the Nairobi Secretariat launched a publication entitled ‘Implementing Nairobi Declaration’ in conjunction with Department for International Development (DFID) at the UN Conference and has established a ‘Friends of Nairobi Declaration' group to bring together state parties and donor governments. The Secretariat and Kenyan NFP is planning to destroy 10 000 seized illicit small arms to commemorate the second anniversary of the Declaration.

Session III: Implementation priorities

Chairs: South African and the Netherlands

Strengthening and harmonizing legislation

Commissioner Msutu

There is a need for the harmonization of legislation across the SADC region. Most countries have legislation, but such legislation is often outdated and inappropriate. Furthermore, it differs from country to country. Some countries view certain transgressions more seriously than others. As a result, organized crime groups move their bases to those countries where penalties are the lowest. Southern African Regional Police Chiefs Committee Organization (SARPCCO) arose out of regional agreements on mutual assistance against crime. The agreement recognized the supremacy of the principle of non-interference. The region agreed to remove obstacles that impede the implementation of the agreement that created SARPCCO. Each police service agreed to advise all others in the region and define rights of entry of police services into neighbouring states for purposes of combating crime. The agreement is now in effect. To implement it, however, it is necessary to reduce differences in laws across all member states. It is clear that legal impediments have surfaced, and some countries have slowed down the process whereby cooperation is implemented. Such actions are interpreted as being uncooperative at best - in some cases they are even seen as outright corruption. Standard operating procedures are obligatory for all member countries. This implies that the respective national police chiefs recommend to their own countries adjustments to their national laws to facilitate the implementation of the standard operating procedures. SARPCCO agreed that countries become signatories to international agreements, thereby forcing them to amend their laws.

It is important to take into account the relationship between resources and armed conflict, through their relations to arms supplies to conflict areas. One weakness is that non-producing countries have no effective legislation to prevent this type of illegal activity. Such countries should put relevant laws into place. Such non-producing countries should also introduce laws that can control trade in diamonds and other precious gems. SARPCCO assisted in drafting the SADC Protocol, thereby reinforcing the regional approach.

Improving operational capacity

Commissioner Kimundi

Interpol regions are supposed to incorporate subregional bureau. The subregional Interpol office acts as the secretariat of Eastern African Police Chiefs Committee Organization (EAPCCO). The issue of the proliferation of SALW is well known. However, no data exists on the actual number of weapons in the region. All subregional meetings of EAPCCO have dealt with the issue of small arms proliferation. EAPCCO has asked member countries to share information, establish databases and facilitate intelligence exchange to deal with the problem. The regional organization has collaborated with civil society in dealing with arms trafficking. It is important to establish the extent of the problem through independent research. The types of information needed to deal with the issue include the nature of criminal groupings, types of supply, destination and origin of illicit small arms supplies and the financial support of these groups.

Border controls should be tightened. To do so, scanners, sniffer dogs, night vision equipment, computers, etc are required. It is important to develop a code of ethics that has, as its starting point, the civil service. The region needs to facilitate joint operations to combat illicit trafficking in SALW. East Africa does not yet have an agreement in place to facilitate such operations.

All governments should have the same standards of record-keeping. Expert units should be established to control stockpile management and importation. All weapons collected by government should be handed to a central armoury for record-keeping and destruction. It has been agreed that a protocol on combating illicit small arms should be developed. A draft protocol will be discussed at EAPCCO’s 2002 Annual General Meeting (AGM) in Nairobi. Firearms have often been discussed, but there is a reluctance by member states to share information. A change in attitude is required. EAPCCO appeals to donors to assist by funding the mapping of the problem in the region.

Stockpile management and monitoring

Commissioner Selebi

Section II of the UNPoA deals with measures to combat and eradicate the problem of small arms at regional and international level. But stockpile management should be dealt with at national level. Appropriate locations, physical security measures, control of access to stocks, and the capacity to secure and sanction, are necessary for effective stockpile management. Surpluses should be clearly identified and disposed of. Surplus stocks should preferably be destroyed. It is the policy of the South African government that the disposal of surplus stocks should be done by destruction, to prevent them ending up in illicit trade. In 2001 alone, the South African Police Service destroyed 73 522 official firearms, in addition to illicit arms destroyed. The South African Army also destroyed 270 000 small arms. Southern Africa, as a region, has suffered from conflict and continues to suffer. In those countries that have emerged from conflict, the end of conflict and leftover small arms have fuelled crime, as is the case in South Africa and Mozambique.

Operations Rachel has been a great success. There have, to date, been seven Operations Rachels since its inception in 1995. In 2001 alone 4 000 SALW were destroyed, as well as 488 000 rounds of ammunition in the joint South African-Mozambican operation. Their success is due to the willingness of police in both countries to co-operate. Last year South Africa enacted the Firearms Control Act that will help the authorities better manage SALW. The law calls for stricter control of both civilian and government-owned SALW. The domestic legislation will enhance South Africa’s ability to implement the SADC Protocol. The Protocol provides for member states to improve control of firearms, including those in possession of governments. This includes the establishment of comprehensive databases.

Stockpile management is neither easy nor cheap. South African efforts have been made possible by donor funding, in particular from the government of Norway, which has enabled weapons destruction on the scale that has taken place. South Africa is committed to reducing the number of small arms in the country by managing armouries. South Africa is willing to pool its knowledge and experience to assist other countries. As South Africa makes peace in conflict solutions, it should include a reduction of SALW as one aspect of such peacemaking efforts. As long as this is not done, any peace agreement will be threatened by the existence of such stocks of SALW.

Enhancing information exchange and cooperation to control illicit small arms trafficking

Commissioner Koffi

Arms trafficking is linked to other forms of illicit trafficking, for example drugs and diamonds. Interpol bureaux exchange information as part of the Interpol statute. Its role is to assure reciprocal assistance within existing laws in the member states. Secondly, it aims to develop all institutions capable of preventing crime. The idea is to facilitate information exchange between Interpol offices and national offices. It has produced computerized databases and an automatic research facility (ASF). This database enables consultation with the central database in Lyons. There are also other databases, including International Weapons and Explosives Tracing System (IWETS), to identify illicit arms and explosives. This is the only database that has all available international information on explosives. The objective of the system is to help member countries deal with arms trafficking. But at present, only European countries regularly provide information to these databases. West African Regional Police Chiefs Committee Organization (WARPCCO) calls upon African countries that have access to these systems/computers to use them and to supply Interpol in Lyons with relevant information. WARPCCO works closely with PCASED. The latter participated in the joint training of police officers. On the level of cooperation, the Abidjan Bureau has been involved in research on the state of the problem of SALW proliferation. More information is needed to assist those players involved in the combating of SALW proliferation. It is useful to know what countries like South Africa are doing. WARPCCO police chiefs have created a consultative committee to tackle all forms of crime in the subregion.

Session III (Continued)

Co-chairs: Representatives of the governments of the Netherlands and Mali

Controlling arms production, possession and transfers

Mr Wensley

The problem is not illicit manufacturing but theft of official stocks and diversion of legal transfers. The lack of regulation of arms transfers is a key problem, as is the lack of capacity to enforce controls and monitor the transit of weapons from the producer to the end-user. It is vital, therefore, to deal with proliferation from a legal and an illicit perspective. States have the responsibility to put in place legislation to effectively regulate manufacture, production and transfer. Information on the levels of production and stocks is an issue of national security. All states have the responsibility to measure their legitimate needs for self-defence, identify surplus stocks and destroy them. States need to measure stocks against their force strength. A primary task is for all states to undertake regular stock takes. Regulating civilian possession of SALW is also vital and there should be a limit on the possession of military-style weapons. It is vital that all countries honour commitments in Section II of the plan of action and that their capacity is strengthened to help them do this. In 1995 South Africa established the National Conventional Arms Control Committee (NCACC) - a cabinet committee that authorises permits for the marketing, contracting and exportation of weapons. The committee is chaired by a minister with no departmental responsibility or vested interest in exports. Export criteria include international commitments and criteria on human rights, conflict, etc. These criteria are soon to be codified into legislation.

Public awareness

Dr Cheluget

Much progress has been made at the political level, but this has not filtered down to the grass roots level. The next challenge is to launch major campaigns to raise public awareness - just as has been done with other issues such as HIV/Aids. This requires public outreach, through education in schools, the media and drama. Political leaders have a responsibility to raise awareness through their pronouncements. subregional organisations, such as East African Community (EAC), IGAD, the SADC and the ECOWAS, also have a key role to play as centres of information and public awareness. It is important to target legislators. The new legislative assembly of the EAC, for example, has passed a resolution on conflict and peace. We now need to build on this, starting with an education seminar. The EAC has Memoranda of Understanding on Defence and Foreign Relations that should be used to help raise awareness. IGAD has recently signed a protocol to establish a conflict early warning mechanism. Civil society groups should study this document and see how it can enhance public awareness.

Collection and destruction

Dr Fung

The collection and destruction of arms is a key element of the UNPoA. Collection includes the mopping up of weapons from civil society, the disarmament of ex-combatants and seizures of illicit arms from criminals. Collection programmes require a mandate - such as a state decree, peace agreement, etc. UN fact-finding missions can help undertake feasibility studies for weapons collection; always in cooperation with the host government. Such a mission assesses logistical needs such as transportation and storage capacity. There are different types of collection programmes - weapons for development; weapons for food; weapons for cash; weapons for sport; voluntary surrender (often in the context of DDR and peacekeeping programmes); amnesty; police enforcement; and inter-communal grassroots dialogue. The timing of weapons collection programmes is vital. Collection requires trust and should be a confidence-building measure. Weapons collection is difficult when conflict is ongoing, as the belligerents will not want to surrender their arms. With regard to destruction, the safe storage and inspection of collected arms is vital. Methods of destruction include dumping at sea, burial, incineration, bonfire, crushing, detonation and chemical corrosion. It is important to consider the environmental effects of destruction.

Reducing the impact of arms on civilian possession

Ms Vandergrift

It is often easier for children to join an armed group than to go to school. Young people at a conference on war-affected children called for more education and for exporters to stop selling weapons to groups and to governments that target children or recruit child soldiers. Children suffer when aid programmes are withdrawn because of conflict, and when defence budgets divert resources from health and education. There needs to be a balance of supply and demand controls to help reduce the suffering of children - controlling new supplies and using development programmes to help reduce demand. Children can be good sources of information on illicit weapons shipments. We also need to create gun-free zones around schools and alternative sources of income and survival for children.

Child protection should be an important focus of arms control initiatives. The reintegration of child soldiers is vital and often neglected. It requires broad-based community involvement. Three UNSC resolutions on children in armed conflict have been adopted and Resolution 1379 contains powerful measures linking child protection to the control of SALW. The UNSC will this year be presented with a list of armed groups that use child soldiers. The next challenge is to develop a list of suppliers of weapons to these groups. We need to move beyond resolutions to practical action. We need to forge stronger links between groups working on arms control and those working on child soldiers. The May 2002 Special Session on Children in Armed Conflict is a key opportunity for action. We need stronger international commitments that should then be integrated into national action plans.

Session IV: Session closed, working groups and report back

Session V: First presentation of the draft documents with comments and discussion

Session VI: The role of Civil Society in the implementation of the United Nations’ Programme of Action on the illicit trade in SALW in all its aspects (includes discussion and NGO recommendation to the conference)

Co-chairs: Representatives from the Governments of Canada and Mali

Welcome to NGOs:

Governments of Nigeria and the United Kingdom

Ms O’Callaghan

It is a pleasure to introduce NGOs, since they play a huge role in setting the SALW agenda and proposing policy responses and solutions, from the EU Code to practical and long-term solutions such as the Tanzanian National Action Plan. The range of NGOs working on SALW is impressive - it reflects the complexity of the problem and the comprehensive nature required of solutions. The UK has a large programme on SALW and NGOs are key partners working on all aspects of SALW. DFID supports, for example, the Nairobi Secretariat and the United Nations Development Programme (UNDP) on destruction in the Horn of Africa. It also supports Security Research and Information Centre (SRIC), SaferAfrica and Saferworld, who work in partnership in support of governmental initiatives in the greater Horn of Africa.

Commodore Ebueku

NGOs are the conscience of the governments and the people that need assistance. They are closer to the grass roots. Some African governments have regarded NGOs as a negative force or as a threat to governments. However, this is changing and NGOs have a key role to play and are key partners.

Keynote speech

Under-Secretary General Dhanapala

The problems posed by the illicit trade in SALW affect different regions in different ways, but the problem is global in scope and affects human security around the world. In July 2001 UN member states adopted a blueprint to address this problem. A debt of gratitude is owed to African delegates for adopting the plan of action in their generosity to accept a document with key elements removed. The plan of action is a framework that can be adapted and can benefit from lessons learned. Governments have primary responsibility for implementation, but the conscience of civil society is brought to bear in this. We must ensure, therefore, that the global edifice of controls has grass-roots support. In the way that the International Convention to Ban Landmines (ICBL) was a forerunner to the Mine Ban Convention, NGOs will help achieve progress on SALW. NGOs are an important source of support - a “new superpower” - but they need allies. The partnership being forged here is an important element in implementing the plan of action. The UN Conference had impressive participation from civil society - 190 NGOs with 380 representatives. Their continued role will be valuable in the implementation of the plan of action.

The NGO Committee on Disarmament sponsored eight journalists from developing countries to cover the UN Conference for their own countries, highlighting the importance of communication media in the implementation of the plan of action. Good governance is also an important area with the need for co-ordination amongst national agencies. The work of SaferAfrica is a good example, especially the Tanzania National Plan. Government collaboration with industry on tackling the small arms problem is also important. The Global Compact, where business is encouraged to follow global norms in practice, is also very significant. The root causes of the illicit trade in SALW means that a strong civil society will ensure the sustainability of long-term efforts to curb the global trade in SALW.

Collection, destruction and public awareness

Ms Hazeley

The Sierra Leone Council of Churches has been working with the government on conflict resolution. The SALW problem has been addressed at conferences in the region since 1993 and the Sierra Leone government has signed 12 such documents since then. On 3 May 2001 the Abuja Conference led to a re-initiation of disarmament process in Sierra Leone and Phase 3 began on 18 May 2001. The simultaneous disarmament of Revolutionary United Front (RUF) and community defence forces followed until 17 January 2002, when 15 840 weapons were officially collected and 47 076 people demobilised. However, there is no clear idea of how many arms were circulating in Sierra Leone. The pace of disarmament was slow due to the reluctance of the RUF to disarm and the slow influx of donor support.

After 10 years of war, however, SALW had permeated the civil population and the licensing system had broken down. There are still many weapons in civil society which could undermine the disarmament process and threaten the elections scheduled for May 2002. In October 2001, the Sierra Leonean police, through the Ministry of the Interior, was mandated to design a programme for the disarmament of the civilian population. The Programme for Civilian Disarmament (CACD) began in October 2001 and aims to systematically disarm the civil population. There was a symbolic destruction from 18 to 20 January. More public destructions are planned to build confidence and records will be kept by the CACD/Technical Co-ordinating Committee of the Sierra Leone Police (SLP).

Marking, record-keeping and tracing

Mr Wéry

The traceability of SALW facilitates understanding of when arms pass from legal to illegal users, while at the same time playing a deterrent role. The traceability is only achieved when three conditions are satisfied: an appropriate marking (including a unique serial number); the appropriate record-keeping of every transaction regarding the weapon; and information-sharing at the time of tracing. At present, we still need an international efficient traceability mechanism that covers all SALW (including ammunitions and explosives). A UN Expert Group has been appointed to study the feasibility of such a mechanism.

We need to build on the numerous regional or international mechanisms that already exist. Let us see what are the strengths and weaknesses of the Vienna Protocol, which encompasses the fight against transnational organised crime. Problems with marking include the fact that while ammunition can be marked (with a unique serial number by batch), this is not covered by the Vienna Protocol. At present, the traffickers can easily erase the markings. Therefore, we need more reliable marking techniques besides the classical ones. The laser is a simple and cheap technology to be used for this purpose. In respect of tracing, each state should have a national register that keeps records of transactions for much longer that the 10 years foreseen by the Vienna Protocol (the life expectancy of a weapon is much longer). The Vienna Protocol has an interesting provision that makes the tracing operation easier and more efficient. Each time a firearm is imported, States apply a simple marking that identifies the importing country. This allows the tracing authority to directly contact the last importing country to start the enquiry.

To talk briefly about African mechanisms, the SADC Protocol contains interesting traceability provisions, but it is a subregional instrument. The Bamako Declaration is very general about marking, and is therefore weak. In the area of traceability, as in others, NGOs can make a useful expertise and advocacy work. Just as the Arias Foundation and Fund for Peace have done with other topics, Groupe De Recherche Et D’Information Sur La Paix Et La Sécurité (GRIP) will make this year’s convention (the objective of which is to enrich and stimulate debate amongst officials) a model convention on traceability.

Improving operational capacity for enforcement, including enhanced border control

Mr Phiri

Few NGOs are involved in the security sector. NGOs have a crucial role to play here in curbing SALW but lack the capacity to do this. NGOs should be engaged at all levels, from policy definition to practical implementation. The UNPoA recommends strengthened border controls - NGOs should be involved in programmes so as to facilitate cross-fertilisation of ideas. NGOs can design programmes that do not conflict with state policies and can help to enhance mutual trust. Those countries that have not established NFPs should involve NGOs so that they can help to develop policy and communicate this to civil society. Awareness raising and advocacy are vital, but NGOs have different capabilities in this regard. Some NGOs require support to engage in such activities, but we need to build a strong partnership between southern NGOs and those in the north so as to help build capacity and to help NGOs work better with the NFPs. As regards community policing and empowerment, poor police community relations proved difficult in Malawi and local people were very distrustful of the police. DFID has a programme for supporting police reform, but it was realised that the state alone could not address all the problems. Accordingly, two NGOs established a programme to build community links with the police. The Centre for Human Rights and Rehabilitation and the Public Affairs Committee launched a pilot project in 1999, sponsored by the Norwegian Initiative on Small Arms Transfers and supported by Saferworld and Amnesty International, to help build trust between the police and communities and to tackle SALW and create a space for dialogue between the police and communities.

The project involves planning meetings between a team involving NGOs and police officers to allow for the ironing out of difficulties at the implementation stage and which allows for the cross-fertilisation of ideas. There are also joint training sessions with a network of 300 community representatives who have been trained on the dangers of SALW throughout Malawi and on good policing practices. There is a lack of technical equipment that can facilitate communication on SALW. The project assessed whether communities can maintain the equipment without continued donor support. This has been successful. Bicycles have been used and maintained by the communities. Trust is vital, but joint planning erases mistrust. Once trust has been established at national level, this filters down to the local level.

Discussion:

Christiane Agboton, Malao, Senegal: Partnerships are key. We need to look at how partnerships can be established and improved between NGOs working on SALW and the government. There is a lot of information regarding what is happening, but it is not available and is not circulated. A network of interested governments could circulate information on what is happening in terms of implementation. As far as relations between northern and southern NGOs, is concerned, southern NGOs should not be the recipients all the time. Northern NGOs should sensitize civil society as regards what is happening in Africa. We need a timetable for action so that say, within a year, all countries will have established a NFP. Resources need to be available to NGOs in their country.

Ivor Fung, UN Regional Centre, Togo: We need to think about how the issue of marking and tracing would resolve the issue of the misuse of weapons at the practical level and how the issue of the end-user certificate relates to marking and tracing. The issue of storage needs to be addressed, as does the leakage of weapons from poor storage facilities.

John Selaita, Centre for Foreign Relations, Tanzania: As regards DDR, reintegration needs to be done carefully or else ex-combatants will be tempted to take up weapons again.

Afi Yakubu, FOSDA, Ghana: There are eight million illicit weapons in the Mano River Basin. There are external contributory factors to the proliferation of SALW in Africa. These factors not only relate to illicit sale, but to interstate donations from the time of the cold war until now. Suppliers of weapons also have an obligation to take up a leading role in mopping up illicit weapons in circulation. In support of Florella Hezeley’s suggestion, toy weapons encourage children to pick up real guns, so we need to ban them in regions where conflict is most profound.

M Fatoumata, Mano River Union, Guinea: The training of journalists is necessary. Journalists from the [West African] subregion do not give enough information to the population or encourage people to support peace.

Mali government: Civil society must be present, but the government plays an important role in SALW efforts, hence a partnership is most appropriate. It is important to clarify the role of each side to foster the complementary nature of their work.

Florella Hazeley, World Council of Churches (WCC): Sierra Leone: During demobilisation, we re-orientate ex-combatants and prepare them for re-entry to society. Training and screening is provided before they are sent back into education. Governments need to take on new initiatives. In Sierra Leone, the National Commission for Social Action is working to help establish a peaceful co-existence within the communities.

Michel Wéry: As regards the visibility of marking, states are supposed to mark weapons in a way that the marks can be read. Weapons need to be registered by importing countries so that they can be traced.

Robert Phiri: Partnerships between NGOs and governments are crucial to tackling SALW on the ground.

Recommendations:

General