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PROJECT ON LIGHT WEAPONS
Links between domestic laws and
international light weapons control
Dr. Natalie J. Goldring
American Academy of Arts and Sciences
Carnegie Commission on Preventing Deadly Conflict
Controlling the Global Trade in Light Weapons
Washington, DC, 11-12 December 1997
Introduction
Although largely neglected by analysts and policymakers until
quite recently, light weapons proliferation represents a pervasive
and continuing problem. Light weapons have probably been responsible
for most of the recent killing in conflicts, despite the regular
involvement of both light and major conventional weapons in
many conflicts.1
This paper addresses one aspect of the light weapons problem,
presenting the preliminary results of a project to develop
strategies which would overcome domestic obstacles to the
control of light weapons.2 It demonstrates that
it will be difficult, if not impossible, to control the illicit
international market in light weapons without monitoring and
controlling domestic access to weapons. In the United States,
for example, two key obstacles to light weapons control are
the activities of "pro-gun" groups such as the National Rifle
Association (NRA), and the U.S. government's failure to enforce
controls on light weapons transfers.
The first section of the paper discusses issues related to
domestic control of light weapons. The focus is on domestic
issues in the United States, supplemented with brief overviews
of recent initiatives on domestic gun control in the United
Kingdom and Australia. The section provides several examples
of how the US government has helped create the problems it
now faces (such as armed drug lords) through inadequate controls
on light weapons transfers. To have effective international
controls, it will be important to enforce existing laws governing
sales of weapons and to provide sufficient resources to control
national borders. It will also be important for the United
States to work with other governments on efforts that recognize
and deal with the interrelationship between drug trafficking
and gun trafficking.
The next section provides an update on recent international
efforts regarding light weapons. It describes the results
to date of three UN efforts focused on small arms and light
weapons: the UN Disarmament Commission's work on illicit transfers,
the UN Economic and Social Council's (ECOSOC) study on firearms
regulations, and the UN Panel of Governmental Experts on Small
Arms. It also provides an update on the recent Organization
of American States (OAS) convention on illicit weapons.
The third section of the paper focuses on the ways in which
"pro-gun" organizations such as the National Rifle Association
(NRA) have actively opposed controls on light weapons and
small arms, while arguing disingenuously that they oppose
illegal weapons transfers. The NRA in particular is devoting
extensive resources to opposing international controls, in
addition to its traditional campaigns to block domestic gun
measures, be they safety measures or actual controls on weapons
purchases.
The fourth section of the paper presents preliminary policy
options. These include strategies for sharing ideas and policy
proposals with domestic gun control groups as a means of bridging
the gap between campaigns dedicated to reducing violence on
a national level and those focusing on controlling international
flows of weapons. Just as the absence of domestic controls
will tend to undermine international restraint efforts, the
presence of domestic controls may increase the likelihood
of successful international restraint efforts.
Domestic Controls of Small Arms and Light
Weapons
National laws governing small arms and light weapons vary
widely from country to country. For example, while the United
Kingdom and Australia have recently taken significant gun
control initiatives, the same weapons are still widely available
in many other countries, such as the United States. This section
provides a brief update on recent changes in gun laws in the
United Kingdom and Australia, but concentrates on US gun laws.
This is not because US laws are typical, but because US weapons
production and weapons exports constitute such a major part
of the world weapons market.
Increased domestic control in the United Kingdom
One important effort to tighten domestic controls is the ban
on handguns currently being implemented in the United Kingdom.
In February 1997, a new UK law banned private possession of
handguns of greater than .22 calibre. This law was spurred
in large part by the massacre in Dunblane, Scotland, in March
1996, in which 16 children and one teacher were killed in
just a few minutes by a lone gunman.
The February ban on handguns greater than .22 calibre reportedly
affected some 80 percent of handguns in the United Kingdom,
or an estimated 160,000 handguns. It included new procedures
for storing .22 calibre handguns in gun clubs, and provided
stricter standards for firearms ownership certification. Owners
of prohibited weapons were required to hand them in by 1 October
1997. This program appears to have been largely successful
-- as of a week before the hand-in date, approximately 120,000
of the 160,000 prohibited weapons had been turned in.
Ironically, while the February 1997 law enhanced domestic
weapons controls, it may have undermined efforts to limit
light weapons transfers. Applications for export licenses
reportedly rose significantly while the ban was under discussion,
and other gun owners apparently chose to take their weapons
abroad before the legislation took effect. Allowing export
of weapons that are prohibited or about to be prohibited risks
creating a situation in which weapons not considered safe
for UK citizens will be exported, setting a highly questionable
moral standard.
Fortunately, however, virtually all of the weapons turned
in as a result of the February law will be destroyed. According
to a press account in the Daily Telegraph, "nothing
will be excepted from destruction...apart from Glock 17s,
which the police use themselves, and any item of historical
interest."3 Mr Alun Michael, Minister of State,
Home Department, said,
The vast majority of these firearms are being destroyed
under local arrangements in each police force area once
the claimant has received compensation from the Home Office
Firearms Compensation Section. Some forces have begun destroying
firearms where the related claim has already been met, though
no central record of actual destruction is being kept. None
of the surrendered firearms will be sold either within the
United Kingdom or abroad. A small minority of firearms may
be retained by police forces for training purposes and some
by museums for public display.4
Following his election victory in May 1997, Prime Minister
Tony Blair reiterated the new government's support for a total
ban on handguns, and pledged to ban them by the end of 1997.
In June 1997, the House of Commons voted in favor of such
a ban.5 The bill passed the Lords on 27 October
1997, and was returned to the House of Commons with amendments.
It passed the House of Commons with amendments on 11 November
1997, and received royal assent on 27 November 1997. In addition
to banning all handguns not included in the February bill,
this bill revokes the right for gun owners to keep their guns
on club premises.
Increased domestic control in Australia
In April 1996, just six weeks after the Dunblane massacre,
another lone gunman killed more than 30 people in Port Arthur,
Australia. The next month, State and Territory Police Ministers
held a special meeting and reached agreement on a nationwide
program to ban semi-automatic and pump action firearms and
to implement a buyback program for the prohibited weapons.6
Their intent was to create standard nationwide laws, in contrast
to the diverse laws in effect in the states and territories
at the time.
The new laws are quite far reaching. They include bans on
several types of rifles and shotguns, the introduction of
comprehensive registration systems for all firearms, implementation
of required permits and a 28-day waiting period for firearms
purchases, safety training and storage requirements, and compensation
and amnesty arrangements.7
A key part of the implementation of the new laws is a gun
buyback and amnesty program to collect weapons prohibited
as the result of new gun control legislation. For much of
the Commonwealth this program was in operation for 12 months,
ending 30 September 1997 (it ended earlier in South Australia).8
By the end of the buyback period, more than 640,000 weapons
had been handed in.9
The government set a useful precedent in requiring that all
weapons collected from the buyback be destroyed. The only
exceptions are weapons of particular historical interest which
may be purchased by museums, and non-military-style weapons
that can be consigned to dealers for overseas sale. In the
latter case, however, if the weapons are not sold within one
year, they must be returned to the buyback program and destroyed.
So far an estimated 383,000 guns have been destroyed in Australia
as part of the buyback program.10
US legislation governing light weapons
In the United States, a few key laws contain the main provisions
affecting light weapons: the Gun Control Act of 1968 (18 U.S.C.
chapter 44), the National Firearms Act of 1934 (26 U.S.C.
chapter 53), and the Arms Export Control Act of 1976 (22 U.S.C.
2778). Authority for dealing with light weapons issues is
often divided among different departments and agencies. For
example, the Treasury Department's Bureau of Alcohol, Tobacco,
and Firearms (BATF) deals with the import provisions of the
Arms Export Control Act, while the Department of State is
in charge of the export control provisions.
The BATF's activities are constrained both by resources and
by law. The BATF does not have design approval, standard setting,
or recall regulatory powers. According to the Violence Policy
Center, "...America's gun manufacturers have near carte blanche
to manufacture virtually any product they wish. As long as
the firearm is not fully automatic, uses ammunition that is
50 caliber or less and has a barrel of a set minimum length,
there are no federal restrictions."11 With limited
numbers of agents -- a press report said there were just 65
in all of Southern California, for example -- enforcement
is challenging at best. In addition, licensed firearms dealers
are only subject to a surprise inspection once per year, and
BATF agents only go to gun shows when they are investigating
a specific case.12 This further restricts BATF's
enforcement capabilities.
Potential enhancements to US legislation
Legislation introduced in the first session of the 105th Congress
took a variety of approaches to enhancing gun control. Some
legislation would extend state laws to the national level,
other bills focused on public safety issues related to weapons,
and still others were specifically designed to close loopholes
in existing law. Two key bills are the proposed "one gun a
month law" and the proposed ban on domestic production of
weapons that do not meet the standards for imported weapons
("junk guns").
The National Rifle Association has opposed both of these
bills, claiming they violate Americans' Second Amendment rights
to bear firearms. In addition, the NRA claims that opponents
of junk guns are denying Americans affordable weapons for
self-defense, challenging the technical assessments of junk
guns' low quality. The NRA's opposition to these two bills
exemplifies the contradiction between the NRA's consistent
policy positions in opposition to gun control and its claim
that it actively opposes illicit weapons transfers.
One key bill would strengthen restrictions on weapons purchases
by extending provisions currently in effect in several states
to the national level. The proposed Twelve is Enough Anti-Gunrunning
Act (H.R. 12), introduced in January 1997 by Rep. Charles
Schumer (D-NY), would establish a national "one gun a month"
law. This law is designed to prevent gun runners from purchasing
multiple weapons in states with lax gun laws and then transporting
them and re-selling them on the black market in states with
more restrictive gun laws. Just as the law would reduce the
monetary incentive for domestic gun trafficking, it would
also make international gun running less viable.
While some individual states have passed one gun a month
laws, a national limit is necessary to make the controls effective.
Otherwise, prospective gun runners can simply arrange to make
their purchases in neighboring states. According to Senator
Lautenberg, one of the main sponsors of the Senate version
of the bill, The Anti-Gun Trafficking Act of 1997 (S. 466),
"a one-gun-a-month law would take a bite out of gunrunning
without imposing any burden on hunters and other law-abiding
gun users. After all, who but gang members, drug dealers,
and other criminals needs more than 12 guns a year?"13
Public safety issues are addressed by the proposed American
Handgun Standards Act (S. 70) and the Gun Safety Act (H.R.
116) introduced in January 1997. Both bills would ban domestic
manufacture of all US-made handguns that are prohibited for
import, and are designed to stop manufacture of "junk guns"
such as the Saturday Night Special. These weapons cannot be
legally imported into the United States because they do not
meet minimum safety standards for weapons size, design and
performance.14 According to the Senate version
of the bill, "the disparate treatment of imported handguns
and domestically produced handguns has led to the creation
of a high-volume market for junk guns, defined as those handguns
that fail to meet the quality and safety standards required
of imported handguns."15 According to Handgun Control,
Inc., "Whatever name attached to them, these handguns are
not useful for sport or self-defense because their short barrels
make them inaccurate and their low quality of construction
make them dangerous and unreliable. They are, however, favored
by criminals because of their low cost and easy concealability."16
Difficulty in enforcing existing US laws
Several vignettes regarding US weaponry highlight the difficulty
of ensuring adequate controls over light weapons. These problems
seem to stem from both insufficient political will and inadequate
financial resources. These vignettes focus on the United States
because the magnitude of such problems seems to be greater
with respect to US weapons.
- Despite the Clinton administration's commitment to gun
control, Central and South American countries routinely
complain about the seeming inability of the United States
to control its own borders. On the problem of US guns flowing
into Mexico, Mexican Ambassador to the United States Jesús
Silva-Herzog noted that "When we talk about drugs they [Americans]
say it [the problem] is the supply, and when we bring up
arms it is the demand. In other words, we can never win."17
- Between 1989 and 1993, the Department of State's Office
of Defense Trade Controls verified end-user certificates
for only 21 of 1632 applications for small arms to 8 Latin
American countries.18
- According to Brazilian diplomats, in recent drug raids
in Brazil, officials captured 100 weapons. One weapon had
been transferred legally from the United States; the other
99 had been transferred illegally from the United States.19
In a September 1996 article, Justice Minister Nelson Jobim
said,
In the international arena, one of the serious problems
that we have to confront is that of the smuggling of heavy
weapons from the United States, especially the AR-15 rifle,
either through triangle operations through countries bordering
Brazil, or directly through sea or air routes, especially
those originating with Miami.20
- Mexican officials have long maintained that thousands
of US-made weapons flood south each year.21 According
to the Mexican Federal Attorney General's office, in 1994,
the Mexican police seized more than 16,000 pistols and 6,000
machine guns, rifles, and shotguns, the majority of them
manufactured in the United States.22 While Mexico
maintains strict laws on gun ownership, lax US regulations
have made cross-border gun running a profitable business.
The existence of 6,000 legal gun shops in the four states
bordering Mexico is also of concern to Mexican officials.23
While at first the United States appeared to ignore Mexico's
requests for increased US border control, a US-Mexico declaration
on drug trafficking agreed during President Clinton's visit
to Mexico in May 1997 includes a provision to increase cooperation
to curb cross-border firearms trafficking.24
- The report from the Mexican Federal Attorney General's
office cited above provided evidence that guns and drugs
frequently follow the same transportation routes, with guns
going south while the drugs go north.25 According
to Mexican Ambassador to the United States Jesús
Silva-Herzog, "Our preliminary information is that most
of the illegal gun trafficking from the U.S. goes to narcotics
traffickers."26 This interrelationship is also
shown by the places in which guns are priced in terms of
kilos of cocaine. In an article on the drugs/guns connection
in Mexico, a Clinton administration official blamed the
lax laws, rather than weak enforcement, saying, "Since the
United States doesn't have very tight gun control laws,
there is only a limited amount of things we can do."27
- According to Judicial and Investigative Police Directorate
data from Colombia, more than 15,000 weapons were seized
in operations during the first six months of 1997. An estimated
80 percent of these weapons were made in the United States.28
There, too, the interaction between drugs and guns is strong.
National Police Director General Rosse Jose Serrano said,
"It is a mixture of guerrillas and drug traffickers; no
longer is there a difference. One does not know if the drug
trafficker is a guerrilla or if the guerrilla is a drug
trafficker. The line is blurred now; it is a brotherhood
community."29
In addition to the weapons flows resulting from inadequate
enforcement of existing laws, "leftover" weapons also pose
significant problems. For example, the United States left
an estimated 1.8 million small arms in Vietnam, including
nearly 800,000 M-16 rifles, more than 850,000 other rifles,
and 90,000 M1911A1 .45 calibre pistols. The US military left
roughly 300,000 additional small arms in Cambodia, including
more than 150,000 M16A1 rifles and more than 100,000 other
rifles.30 These weapons are now recirculating around
the world. A major weapons seizure in California in spring
1997 reportedly consisted of weapons parts initially shipped
from US stockpiles left in Vietnam.31 The capture
included parts for M-2 carbines, M-79 grenade launchers, and
M-16 rifles.32
International Efforts to Deal With Light
Weapons
This section summarizes key international initiatives dealing
with light weapons issues. These activities are important
in their own right and because gun groups have devoted such
significant resources to fighting them. Ironically, in several
cases, the gun groups' attention to these efforts has brought
international attention to panels whose work generally garners
little notice.
Spurred by the leadership of former Secretary General Boutros
Boutros-Ghali, the United Nations has been increasingly involved
in light weapons issues in recent years. Arguably, the most
significant international efforts dealing with light weapons
have taken place under UN auspices. In addition to discussions
about light weapons in the 1994 and 1997 expert reviews of
the UN Register of Conventional Arms, important work on light
weapons has been taking place within three key venues: the
UN Disarmament Commission, the Economic and Social Council's
Commission on Crime Prevention and Criminal Justice, and the
Panel of Governmental Experts on Small Arms.33
Important regional efforts such as those of the Organization
of American States are also moving forward.
While these groups have dealt with different aspects of the
problem of small arms and light weapons, there is also some
overlap among their recommendations. Individually, each group
has reached consensus on important principles that are likely
to aid efforts to control the international trade in light
weapons. Perhaps most important, they have been willing to
set standards, such as including in all UN peacekeeping missions
a mandate to destroy weapons that remain when conflicts end.
They have set guidelines for weapons transfers, emphasizing
ways to reduce the illicit weapons market. They have also
agreed on ways to improve national and regional controls on
small arms and light weapons, such as improving monitoring
of customs regulations and border controls. They have not
been as successful in increasing access to information on
light weapons transfers at a regional and global level. Nonetheless,
their work has advanced the issue considerably, and provides
many useful precedents for future action.
UN Disarmament Commission
The UN Disarmament Commission adopted guidelines for international
arms transfers in spring 1996 which focused mainly on the
illicit trade. Their general perspective was that "States
should ensure that they have an adequate system of national
laws and/or regulations and administrative procedures to exercise
effective control over armaments and the export and import
of arms in order, among other goals, to prevent illicit trafficking."
The Disarmament Commission recommended that states institute
a variety of national measures to combat illicit trafficking,
including: strengthening national laws and regulations, establishing
effective import and export licensing procedures, providing
adequate numbers of customs officials, and defining which
weapons are legal for civilians and which can be held by military
personnel. International initiatives outlined by the Disarmament
Commission included: establishing verifiable end-user certificates,
sharing customs information, cooperating on border control
and law enforcement, complying with UN arms embargoes, developing
common legislative and administrative import and export controls,
and participating in the UN Register of Conventional Arms.34
The Economic and Social Council's Commission on Crime
Prevention and Criminal Justice
The second effort is a United Nations firearms survey carried
out through the Economic and Social Council's (ECOSOC) Commission
on Crime Prevention and Criminal Justice. This inquiry's scope
is to exchange data on civilian-owned firearms regulations
at national, regional, and international levels, and to establish
a database on firearms regulation. An international group
of experts, including customs, police, and military officials
as well as representatives of regional criminal justice institutes,
has developed a set of recommendations based on information
supplied by approximately 50 member states. On 5 May 1997,
the Commission released a draft report of nearly 150 pages
that provides a summary of the survey results as well as recommendations
for international action.35 According to the survey
results, major legislative reforms have recently been undertaken
in Australia, Canada, the Czech Republic, Estonia, the Russian
Federation, and the United Kingdom, while such reforms are
pending or under discussion in Brazil, Denmark, Finland, India,
Jamaica, Poland, and South Africa. Other initiatives underway
include licensing requirements, penalties for firearms offenses
and firearms smuggling, and gun amnesties to promote public
awareness.36
At its May 1997 meeting in Vienna, the Commission on Crime
Prevention and Criminal Justice adopted a resolution on "Firearm
regulation for the purpose of crime prevention and public
safety." An early draft of this resolution was submitted by
the governments of Japan, Canada, and Mexico; the resolution
was eventually sponsored by more than 30 countries. The resolution
recommends continued UN data collection and dissemination
on firearms regulation. It also urges member states to institute
a variety of measures, including: regulations on firearm safety,
licensing of firearm businesses, and marking firearms at the
point of manufacture and import.37
The US-based National Rifle Association (NRA) submitted a
statement declaring that the conclusions of the firearms survey
were "incomplete and inconclusive" and that "Its conclusions
are not supported and its recommendations are not warranted
at this time."38 This statement was never introduced
as a formal resolution, suggesting that the NRA was unable
to convince even a single country to support its position.
In fall and winter 1997-1998, the firearms panel is holding
four regional workshops on firearms regulation. The first
two workshops were in Ljubljana, Slovenia, in September 1997
and Arusha, Tanzania in November 1997. The third workshop
will be in Sao Paolo, Brazil in December 1997, and the fourth
is expected to be in New Delhi, India, but a date has not
yet been set. The Commission on Crime Prevention and Criminal
Justice is expected to meet again in Vienna from late April
to early May 1998.39
The UN Panel of Governmental Experts on Small Arms
The third effort is that of the Panel of Governmental Experts
on Small Arms. This panel's mandate was to address the types
of small arms and light weapons being used in conflicts being
dealt with by the UN, the nature and causes of excessive and
destabilizing transfers of small arms and light weapons, and
ways and means to prevent and reduce excessive and destabilizing
accumulations.40
As is often the case with such panels, the experts did not
reach consensus on their conclusions until very late in the
process, stalling over issues such as regional options for
controlling light weapons transfers and the extent to which
the panel should emphasize improving the transparency of light
weapons transfers. Fortunately, the panel achieved consensus
on a report to the Secretary-General during the last two days
of its final meeting in New York in July 1997.
The panel's report emphasizes destroying surplus weapons
and weapons remaining after conflicts end, including halting
the practice of storing surplus weapons in poorly guarded
warehouses. In particular, the report recommends that all
peacekeeping missions include a mandate to destroy weapons
remaining when conflicts end. Other key national recommendations
included improving border controls and training for customs
officials. At the regional level, the panel endorsed continuing
and expanding regional buyback programs, and using the example
of the destruction of light weapons in Mali (see policy section
for additional detail) and proposed regional moratorium as
a model for other areas. The panel report also endorses studying
problems associated with ammunition, and evaluating the feasibility
of marking weapons at the time of manufacture and restricting
manufacture and sales of small arms and light weapons to government-authorized
manufacturers and dealers. However, the panel largely ignored
light weapons transparency issues, leaving them to the UN
register panel, which did not reach consensus on these issues.
There was significant emphasis in the small arms panel's report
on controlling illicit weapons transfers, including calling
for a global conference on the topic.
In November 1997, the UN's First Committee adopted a resolution
endorsing the panel's conclusions by a vote of 137-0, with
eight abstentions; the General Assembly is expected to follow
suit.41 The resolution also authorized the Secretary-General
to initiate a study of issues related to ammunition, consider
an international conference on the illicit weapons trade,
and establish another group of governmental experts in 1998
to report on the implementation of the panel's recommendations
and to present supplemental recommendations.
The Organization of American States
The Organization of American States (OAS) has been setting
a strong example at the regional level with its recently agreed
Inter-American Convention Against the Illicit Manufacturing
of and Trafficking in Firearms, Ammunition, Explosives and
Other Related Materials. This convention on illicit weapons
was signed in Washington, DC on 14 November 1997.
The initiative began in response to US concerns about drug
trafficking across the US-Mexican border. Mexican President
Ernesto Zedillo first proposed an arms trafficking convention
at the Bolivia Summit of the Rio Group (known formally as
the Permanent Mechanism of Political Consultation and Consensus)
in September 1996. At that time, he expressed particular concern
about illegal weapons trafficking, which he said, "supplies
drug trafficking, organized crime and terrorist groups, and
is an assault against economic growth, the consolidation of
democracy and against innocent individuals and communities."42
An experts working group led by Mexican OAS Ambassador Carmen
de Del Cueto met several times during 1997 to draft the convention.
Consensus was reached surprisingly quickly; a draft convention
was completed in March 1997, and the group's final draft was
adopted in October 1997 by the Permanent Council of the OAS
in Washington, DC.43 The aim of the OAS initiative
is in step with efforts elsewhere, especially in the European
Union, where the Netherlands has sponsored an initiative to
combat illicit weapons flows.44 A program on illicit
weapons trafficking has been adopted by the European Union
Council of Ministers as a non-binding declaration, and focuses
on combating illicit weapons transfers both within and outside
the EU.
Under the terms of the OAS convention, signatories will be
required to mark weapons at the time of manufacture and import,
and will have to tighten border controls to prevent illicit
transfers. The convention also emphasizes the importance of
information sharing and communication, and prevents exporting
states from authorizing the transfer of firearms until the
recipient state issues an import license. State parties must
share information collected, and are encouraged to cooperate
fully on all technical and legal matters.45
Although many of these provisions are significant, the convention
does not seek uniform domestic legislation. The preamble even
makes specific reference to national sovereignty, and the
agreement itself avoids any reference to a national registry
of gun owners, even though earlier drafts required states
to establish domestic registries.46 Much of this
omission can be attributed to pressure from the NRA, as well
as the United States' disinclination to change its domestic
gun legislation; a central registry of gun owners would be
illegal according to current US law.47
Other US laws could also interfere with implementation of
the convention. For example, enforcement is on a government-to-government
level. But if other governments make enquiries about licenses
issued in the United States, they may be unable to obtain
the information; current US law protects proprietary information
contained in State and Commerce Department licenses. In addition,
weak US laws on weapons purchases still allow "straw purchases"
in most states, facilitating gun running.
In addition, the Convention does not contain clear provisions
for the disposal of weapons confiscated under the new regime.
The final version requires that signatories undertake "measures
to ensure that all firearms" do not fall into the hands of
private individuals or businesses through auction, sale or
other disposal," but it does not refer to the compulsory destruction
of these weapons to prevent recirculation.48 Nor
does it stipulate that information about implementation be
made public.
The Convention will go into effect as soon as it has been
ratified by two countries, but the Consultative Committee
outlined in the Convention will only meet after the agreement
has been ratified by 10 countries. Although some signatories
are expected to ratify fairly quickly, including Mexico and
Uruguay, poorer nations may be unable to implement the necessary
changes that would have to accompany ratification. The implementation
process could be stalled for a number of months, even years.49
Existing drug control regimes provided the model for firearms
control cooperation within the OAS, especially the Inter-American
Drug Abuse Control Commission (CICAD).50 In addition,
since 1993, an experts group within the OAS has held a series
of meetings to discuss the development of model regulations
on firearms issues. In Caracas in mid-1996, they agreed to
develop model regulations on a "harmonized import/export certificate
system," including provisions on trans-shipment. According
to a White House fact sheet, "Model Regulations to Control
the Movement of Firearms, Ammunition, and Firearms Parts and
Components" drafted by a group of CICAD experts were agreed
to in Lima, Peru in November 1997.51 The model
regulations have not been presented to the OAS General Assembly
for approval. The White House fact sheet also indicated that
President Clinton has already directed the State Department
to begin implementing these regulations and to encourage other
countries to do the same.
The Role of "Pro-Gun" Organizations
The gun industry's fear seems to be that recognition of the
significant relationship between domestic and international
gun control will increase pressure for domestic gun control.
In response to recent efforts at international light weapons
control, the gun organizations have taken two sets of steps;
they have worked toward strengthening their own international
links, and they have directly attacked both proposals for
light weapons control and the organizations sponsoring those
proposals.
Past efforts to strengthen international gun connections
In recent months, there has been significant press attention
to the formation of the "World Forum on the Future of Sport
Shooting Activities," which had its first general meeting
in Nuremberg, Germany, on 13 March 1997. However, such international
efforts are not new.
In 1992, for example, a representative of the Sporting Shooters
Association of Australia addressed the National Rifle Association
at its annual board meeting, seeking its help with setting
up a world conference dealing with firearms laws "with the
primary objective of protecting the rights of firearms owners
wherever they are threatened." According to press reports,
the NRA board endorsed the proposal for such a conference.
As a result, the International Conference on Firearms Legislation
(ICFL) was established.52 The first meeting of
the ICFL took place in August 1993 in Australia, and included
12 representatives from groups in the United States, Canada,
South Africa, New Zealand, and Australia.53 The
group continued to meet during the early- to mid-1990s, in
locations as diverse as Australia, the United States, and
South Africa, although only limited information is available
about their gatherings.
The World Forum on the Future of Sport Shooting Activities
In March 1997, gun organizations and firearms manufacturers
from 12 countries met in Nuremberg, Germany, to establish
a new international organization, the "World Forum on the
Future of Sport Shooting Activities." The World Forum will
be based in Brussels; its founding members include the NRA
and the Sporting Arms and Ammunition Manufacturers Institute,
which is based in Connecticut.54 Few details are
available concerning this new organization; gun-organization
representatives refused to provide information about scheduled
meetings or organizational plans. In fact, one NRA representative,
Oregon lawyer Thomas Mason, cited lawyer-client privilege
in refusing to answer BASIC's inquiries. This is ironic given
Mason's repeated criticism of the UN small arms panel and
other UN bodies for not holding open meetings and not inviting
pro-gun organizations to brief these groups.
According to a news release from the Sporting Shooters Association
of Australia (SSAA), "The Forum will facilitate the exchange
of information, the reaching of consensus positions and actions
by the member associations or the Forum itself in those situations
which warrant it."55 The SSAA also said that the
group would "receive at regular intervals representatives
from all over the world who are active in target shooting,
hunting and firearms collection, to discuss subjects of common
interest and in particular regulatory efforts currently harming
sports shooting."56
According to Gun News Digest, by June 1997, the coalition
had 21 participating organizations. The US contingent is apparently
the largest, with at least six groups; other groups were generally
from countries with significant gun industries, including
Belgium, France, Germany, Italy, the Netherlands, and the
United Kingdom. The World Forum will "work jointly to establish
a presence during discussions of global gun control to insure
that correct and unbiased information is available to international
decision makers."57 A one-paragraph NRA account
of the group's 26 June 1997 meeting in Brussels indicated
that the World Forum is expected to apply for NGO status at
the United Nations, and stated that "Among the many challenges
the Forum now faces are efforts by the United Nations to promote
international gun control schemes as well as proposed gun
bans that could put an end to the shooting sports in several
nations."58 The group's existence and activities
remain under wraps.
Press reports are unclear about the scope of the effort and
the nature of sponsorship of the World Forum organization.
According to one report, the annual budget of the group will
be $200,000.59 This budget seems low for a group
that has already held two large international meetings and
intends to set up international operations based in Brussels.
The budget is far less than the NRA has reportedly earmarked
for its anti-gun control activities at the United Nations.
This budget, could, of course, be supplemented by in-kind
contributions from the group's members.
The NRA: Taking the lead in attacking international efforts
at light weapons control
A significant recent activity of gun groups has been attacking
international efforts at light weapons control. The gun groups
seem to be quite concerned about all three UN efforts described
in the previous section of this paper, though their activities
related to the UN small arms panel have received the most
notice in the press. The NRA has generally led the attack,
regularly writing on the theme of "global gun grabbers."60
After the release of the small arms panel report in summer
1997, the NRA publicized its results widely, citing certain
provisions as particularly problematic. These include the
panel's support for destroying small arms left over when conflicts
end, studying marking firearms at the time of manufacture,
and studying the possibility of restricting production and
trade of small arms to manufacturers and dealers. According
to the NRA, "...this panel's recommendations provide an alarming
example of what international gun control bureaucrats at the
UN want to pursue."61
NRA publications frequently emphasize the possibility that
UN efforts to control light weapons could somehow prompt national
efforts in the United States. For example, a January 1997
paper that NRA representatives tried to present to the UN
small arms panel stated, "One view, with which we clearly
do not agree, is that the availability of firearms in one
jurisdiction affects other jurisdictions."62 Their
overall approach is simply to suggest that the views of other
countries or organizations are irrelevant to US policy. At
the ECOSOC firearms' panel meeting in Tanzania in November
1997, for example, the NRA's representative repeated his message
that, "With all due respect to the main supporter of this
effort, non-hunting societies should not seek to impose
their values on hunting societies."63 (emphasis
in original)
Tanya Metaksa, Executive Director of the NRA's Institute
for Legislative Action, has been particularly outspoken on
these issues. She has written to Senator Jesse Helms to propose
that Congress deny funds to UN activities related to "small
arms used by the civilian population in the United States."
In this letter, she addressed the UN Disarmament Commission's
recommendations that national controls over light weapons
be harmonized, arguing that, "Any 'harmonization' would inevitable
mean tightening controls on the loosely regulated U.S. gun
business, and would be opposed by the National Rifle Association
and other U.S. pro-gun organizations."64 In the
same letter, she quoted Andrew Molchan, director of the US
Association of Federally Licensed Firearms Dealers, who said,
"It's politics as usual, the Colombians blaming their internal
problems on American law....The domestic arms trade is irrelevant
to what's happening internationally."65
While the NRA is by no means shy about attacking President
Clinton's gun control positions, it has also been quick to
blame other governments for the UN's actions. The British,
Japanese, and Canadian governments have all come under direct
attack, but the NRA's most violent attacks have been on the
Japanese government. A recent fax alert assessing the ECOSOC
regional firearms workshop in Tanzania focused largely on
the Japanese government, "In fact, through the UN, the government
of Japan actually paid the expenses (emphasis added)
for 23 of the 28 governments who sent representatives to the
Africa conference."66 The NRA either did not know
or chose to ignore the fact that such sponsorship is common,
especially when the regional participants come from countries
with few resources.
The NRA has evidently also found such attacks useful as a
fundraising strategy. A recent direct mail letter from Tanya
Metaksa to supporters of the NRA's Institute for Legislative
Action focused on the ECOSOC study. Interestingly, although
the NRA has been arguing that it is an international organization,
the letter focuses solely on the consequences for gun owners
in the United States. The letter stated that the consideration
of a UN declaration of principles on firearms would likely
be followed by an international treaty, meaning that
...we are just two steps away from an international treaty
that could cost you and your family your rights and your
guns - without even a full vote by Congress!
...As I write, a multi-national cadre of gun-ban extremists
is lobbying the United Nations, demanding that this Declaration
include a virtual worldwide ban on firearms ownership.
(emphasis in original)
...Would you be forced to get a government license to keep
a gun in your home? Would you be forced to register all
the firearms you now own? Would your handguns, semi-auto
hunting rifles and pump shotguns be outlawed, and subject
to government seizures, like we have witnessed in Australia
and Great Britain? What would happen if the UN demands gun
confiscation on American soil?
Joining the chorus: other gun groups also attack international
control efforts
Several other gun groups have joined efforts to counter the
activities of the United Nations and other international groups.
For example, another US gun group, the Second Amendment Foundation,
expressed its fears that the UN Group of Governmental Experts
on Small Arms "could turn into a real problem by promoting
a treaty on arms smuggling that would require signatory nations
to regulate the market."67 After the release of
the small arms panel's report, they echoed the NRA's conclusions
about the report, using virtually identical language.68
Some gun groups blame governments in Japan and Canada for
UN efforts to promote light weapons control. For example,
the American Firearms Council has published an article entitled
"Japan Pushes UN Gun Control Plan."69 Other groups
focus blame on both the Clinton administration and foreign
governments, "The Clinton romance with global gun control
fully blossomed when he gave his support to a new United Nations
gun ban plan. We're not talking about sightings of black helicopters
everywhere, but the real thing: a U.N. gun control initiative
hatched in Tokyo."70
Gun Owners of America has characterized the UN as "a tourniquet
that is slowly being drawn around gun owners' necks," and
a front for domestic gun control in the United States. They
have even gone so far as to recommend US withdrawal from the
United Nations to avoid what they see as dangerous momentum
toward global gun control. Referring to the work of the UN
Commission on Crime Prevention and Criminal Justice, they
say that "These other countries were not sneaking in the back
door of U.S. sovereignty -- our own government was hiding
behind the U.N. to carry out the civilian disarmament they
did not think they could get away with by themselves."71
Not surprisingly, they are also hostile to suggestions of
any links between domestic gun control and international control
of small arms and light weapons, "Pretty soon we will be told
that we need a 'one-gun-a-month' rationing scheme to stop
the flow of guns not just to poor crime-racked Washington,
DC, but to drug-lord oppressed Colombia."72
Policy Options
There are many available options and strategies to make the
connections between domestic gun control and international
control over small arms and light weapons. The first two parts
of this section deal with the prospects for increasing transparency
and improving oversight. But transparency and oversight measures
are only preliminary steps toward limiting light weapons transfers.
To be effective, they must be supplemented by additional policy
actions.
The additional measures described below have been developed
in part through discussions among participants and advisors
of BASIC's Project on Light Weapons. Several of these recommendations
have subsequently been taken up by the UN Panel of Governmental
Experts on Small Arms. Some of the proposals focus on individual
types of weapons, others focus on national and international
control processes, and still others focus on conflict. As
with the proposals for increased transparency and improved
oversight, these proposals indicate a range of possible means
of decreasing light weapons flows. In turn, it will be difficult
to implement these proposals without better transparency and
oversight mechanisms, as such measures would be necessary
for monitoring and verification.
Increasing transparency
Many proposals focus on obtaining and publicizing information
about countries' policies and laws related to light weapons.
These proposals are based on the assumption that openness
("sunshine") favors restraint -- that public scrutiny leads
to more care in decision-making. Other transparency proposals
focus on making information available about light weapons
transfers through sub-regional, regional, and global weapons
registers and other information exchanges.
Unfortunately, efforts to expand the UN Register of Conventional
Arms to include light weapons have not been successful. The
1997 experts' panel on the register was unable to reach consensus
on any expansion of the register, and another review panel
is not expected to meet for at least 3 years. However, several
regional and sub-regional initiatives to increase transparency
show promise.
Another way of increasing transparency is by using country
case studies to produce regional or global overviews. Individual
case studies often provide detailed information about one
or two countries, including key actors, dynamics of light
weapons flows, motivations for weapons transfers, and economic
considerations affecting recent weapons imports and exports.73
By building an inventory of such cases, analysts should be
able to prepare regional or global assessments of the light
weapons trade. Such analyses should include problems and opportunities
associated with past attempts to limit light weapons transfers,
while also suggesting better routes for the future. In addition,
case studies of key conflicts, such as the former Yugoslavia
or Northern Ireland, may also help with formulating policy
proposals for specific situations.
Establishing or improving oversight
In some countries, it may be necessary to begin by establishing
or strengthening national laws providing for oversight of
the light weapons trade. If countries lack administrative
procedures for documenting imports and exports of light weapons,
they may not have access to the information necessary to participate
in transparency regimes.
It is also important to learn from prior successes and failures.
Comparative case studies of successful demobilization and/or
disarmament after conflicts have ended can be used as the
basis for policy recommendations to improve future oversight.
Similarly, in-depth critiques of demobilization or disarmament
failures may help prevent similar problems in other countries.
Countries just emerging from conflict will have significantly
different needs and priorities than those with more domestic
stability.
Controlling individual types of weapons
One option is to ban entire categories of weapons that are
especially indiscriminate in their effects. Efforts to ban
landmines and blinding weapons are underway; there has been
particular success with the campaign to ban anti-personnel
landmines. As described above, both the United Kingdom and
Australia have recently banned categories of weapons in response
to civilian killings. Ironically, however, each government
has neglected to include the weapons used in the attacks in
the other country.
Other options focus on limiting, rather than barring, whole
types of weapons. While these approaches may be more readily
implemented because they are less severe, they may also be
more difficult to monitor and verify. A total ban is more
readily verified than more modest limits, because any weapon
within the category is by definition a violation of the ban.
Limit ammunition
Limiting ammunition holds promise in helping to break the
cycle of violence. Because light weapons often last for decades,
even if all transfers of light weapons were stopped today,
the world would still be awash in them decades from now. But
ammunition is rapidly consumed in conflict. Ammunition is
also unattractive for smuggling, since it has relatively high
weight and relatively low dollar value. Reliable (safe) ammunition
is also difficult to produce. Ammunition also has a significantly
shorter shelf-life than the weapons in which it is used. For
these reasons, limitations on ammunition supplies may be more
feasible than limitations on the weapons themselves.
However, the little information that is currently available
on ammunition is widely dispersed. The UN small arms group
endorsed a study of explosives and ammunition, and the General
Assembly is expected to do the same. This should help answer
questions about technical aspects of ammunition, the nature
and structure of the ammunition industry, and the prospects
for control.
Limit high-tech light weapons transfers
Another option is to limit transfers of light weapons that
use advanced technology. "High-tech" light weapons such as
portable surface-to-air missiles threaten civilians as well
as military forces. The threat to civilians is one of the
reasons the US Central Intelligence Agency is apparently still
trying to buy back the highly capable Stinger anti-aircraft
missiles that the US government transferred to the Afghan
mujahideen in the 1980s. Because high-tech light weapons are
made by fewer suppliers than lower-tech weapons, and because
they have not yet been widely disseminated, they may be more
readily controlled. To prevent further dissemination, it would
also be useful to prohibit coproduction and codevelopment
of high-tech light weapons, and to establish controls on transfers
of new light weapons technologies.
Focus on national and international control processes
A focus on national and international processes to control
light weapons transfers could have several dimensions, including:
greater oversight of existing national control and enforcement
mechanisms; harmonizing national measures in bilateral, regional
and global frameworks; and/or enhancing national policies.74
Attention to national and international processes is a prominent
feature of many recent documents, including the ECOSOC firearms
panel May 1997 resolution, the UN small arms experts group
report, and the OAS convention. Common themes include preventing
illicit trafficking, strengthening regional and international
cooperation, and exercising effective control over weapons
imports and exports.
Increase domestic oversight
As noted above, the direct relationship between lax US gun
laws and illicit trafficking in US weapons suggests that to
control light weapons internationally, it will be necessary
to control them nationally. It will be difficult, if not impossible,
to control the illicit market in light weapons without monitoring
and controlling domestic access to weapons. To have effective
international controls, it will also be important to enforce
existing laws governing sales of weapons and to provide sufficient
resources to monitor and police national borders.
As mentioned in the section on domestic controls, laws limiting
purchasers to one gun per month are already being implemented
in several states in the United States; the proposed legislation
would implement a similar plan on the national level.75
Such legislation has already decreased gun running in the
affected states; national legislation would make it more difficult
to obtain the large quantities of weaponry that make illicit
trafficking financially attractive. Coupled with enforcement
of existing guidelines governing the domestic sale of weapons,
this could make it much easier to limit the international
trade in these weapons.
For those in countries with strict gun control legislation,
"one gun a month" seems like a weak control measure. However,
it is also important to understand the extent of change from
existing practices that this proposal represents. At present,
in almost every state in the United States, an authorized
purchaser can buy literally dozens of weapons at one time.
This makes diversion to unauthorized purchasers a relatively
simple task.
Other useful national controls include verifying end-user
documentation on transfers and developing strategies for controlling
diversion and theft, increasing efforts to uncover and destroy
illegal weapons, and imposing stronger penalties for illegal
possession of weapons and smuggling. All of these proposals
could present more effective barriers to theft and diversion
of light weapons, while also making such attempts more costly.
The credibility of such efforts would be enhanced if governments
simultaneously eliminated covert aid and transfers.
Destroy surplus weapons
A promising way to decrease access to light weapons is by
controlling and destroying the large stocks of surplus weapons
that have resulted from force reductions. At present, these
weapons are often kept in poorly guarded warehouses. At the
first sign of tension, the warehouses can be broken into and
the weapons stolen, as occurred in Albania.76
Destroying surplus stocks, or at least establishing better
controls, can also decrease the damage caused by these weapons.
To ensure that weapons are permanently taken out of circulation,
destruction of weaponry can also be incorporated into other
efforts to control light weapons flows. For all destruction
efforts, it will be important to keep careful records and
to make them public. This will assure those who give up their
weapons that the weapons will actually be destroyed.
Strengthen regional and international cooperation in combating
the illicit weapons trade
The illicit weapons trade is often a multi-national or regional
problem. Some countries are primarily transhipment points,
while others are key origin or destination points. But all
are important links in illicit weapons transfers. Attacking
all aspects of the problem simultaneously is often impossible.
Determining weak links in the chain, such as frequent and
predictable routes for illicit transfers, may be more effective
at less cost.
The Mali government has been involved in several efforts
to control light weapons trafficking in its sub-region. Just
recently, Interior ministers from Mali, Senegal, and Mauritania
agreed to joint efforts to stop drug and light weapons trafficking
at their common borders through simultaneous patrols along
their joint borders.77
Mark all small arms and light weapons at the time of manufacture
This practice of establishing a "weapons biography" could
help in tracking light weapons and limiting the illicit trade.
States could also establish databases of authorized manufacturers
and dealers. Marking firearms at the time of manufacture is
a key provision of the new OAS convention on illicit weapons.
It may also be possible to extend this recommendation to marking
weapons when transferred.
Focus on conflict
With respect to conflict, the most important actions are those
that focus on preventing it from occurring. In this regard,
regional confidence- and security-building measures can be
quite useful, as can efforts to prevent destabilizing accumulations
of weaponry. Once conflicts begin, it may be necessary to
declare and enforce bans on weapons transfers to all parties
to the conflict. At all stages -- before, during, and after
conflicts -- more effective border controls will help prevent
illicit imports and exports. Such controls are especially
important in unstable regions such as the Great Lakes region
in Africa, where weapons circulate from one conflict to another.
Destroying weapons when conflicts end
A particularly important post-conflict measure is increasing
the effectiveness of disarmament after conflict settlement
by ordering the return and destruction of weapons as part
of disarmament processes. Put simply, destruction prevents
reuse. Many of the weapons at use in conflicts today are actually
"recycled" from other conflicts. We can avoid this by ensuring
that when conflicts end and combatants are demobilized, their
weapons are destroyed, not stored or sold. Ensuring that all
UN peacekeeping missions include disarmament and destruction
mandates will help tremendously in achieving this objective.
While destruction of weaponry has not been a widespread practice,
there have been good precedents for future activity in recent
years. In Mali in March 1996, more than 2500 weapons were
destroyed as part of a disarmament process. In Mozambique
in August and September 1997, more than 100 metric tons of
firearms and ammunition captured in joint South African/Mozambican
operations were destroyed. In October 1997, 20 metric tons
of illegal firearms were destroyed in Pretoria, including
handguns, rifles, and homemade weapons.78
Summary
Many of these recommendations are mutually reinforcing. For
example, both destroying surplus weapons and destroying weapons
when conflicts end will help get weapons out of circulation,
ending the "recycling" process. Increasing domestic oversight
helps prevent diversion of weapons; doing so while also strengthening
regional and global cooperation on illicit weapons helps restrict
the available market for such weapons.
There has been significant progress in national, regional,
and global fora on these issues in recent years. One key to
future progress will be joint action by non-governmental organizations
(NGOs) working on a variety of issues, including humanitarian
aid, disarmament, gun control, and development. NGOs, journalists,
and the public can effectively pressure sometimes reluctant
governments to construct and implement higher standards for
light weapons manufacture, storage, and transfer. Continued
progress also depends on sharing information effectively,
maintaining active contacts with international governmental
organizations working on these issues, and finding governments
willing to take the lead in organizing regional and global
efforts.
__________________
Endnotes
1. Examples of major conventional weapons in use in recent
conflicts include: tanks and ships in Albania; combat aircraft,
armour and artillery in Chechnya; aircraft and attack helicopters
in Colombia; artillery, heavy infantry fighting vehicles and
combat aircraft in the former Yugoslavia; tanks, armored vehicles,
and fighter aircraft along the Ethiopia/Somali border; mortars
and heavy artillery in Liberia; armoured personnel carriers
and artillery in Yemen, and aircraft in Zaire. For more information
about the interaction between light and major conventional
weapons, see Dr. Natalie J. Goldring, "Bridging the Gap: Light
and major conventional weapons in recent conflicts," Paper
prepared for the annual meeting of the International Studies
Association, Toronto, Canada, 18-21 March 1997.
2. Significant portions of this paper are based on Dr. Natalie
J. Goldring, "Overcoming Domestic Obstacles to Light Weapons
Control," prepared for the Sandia National Laboratories Annual
Arms Control Conference, 18-20 April 1997 (publication by
Sandia National Laboratories forthcoming). The author gratefully
acknowledges the contributions to these papers of current
and former BASIC staff members Susannah Dyer, Joel Johnston,
Katherine Joseph, Christine Kucia, and Geraldine O'Callaghan.
This paper is a product of BASIC's Project on Light Weapons,
an international research, public education, and advocacy
program. Through a series of international workshops and extensive
work with analysts and activists worldwide, the Project on
Light Weapons has developed a research and policy agenda on
the light weapons trade. Our research and publications now
focus on the most promising approaches developed in our initial
work, including destruction of light weapons in disarmament
and demobilization efforts, and technical issues such as ammunition
and high-technology light weapons, as well as the issue of
illicit light weapons trafficking. Current national and international
attitudes toward gun possession and gun control also make
this an opportune time to emphasize the connections between
domestic gun control and international control of light weapons
flows.
3. "Tears as sportsmen lay down their arms," The Daily
Telegraph, 15 September 1997.
4. Hansard, House of Commons Written Answers, Firearms Surrender
Compensation, col.42, 17 November 1997.
5. Fred Barbash, "Britain Votes to Ban Handguns," The
Washington Post, 12 June 1997.
6. "Our
most frequently asked questions"
7. "Successful implementation of the laws,"
further information on the Australian firearms buyback program
is available here.
8. "Firearms
Reform - debated nationally for many years"
9. "National
Tally"
10. Geraldine O'Callaghan correspondence with Rebecca Peters,
Chair, Coalition for Gun Control, Australia, 1 May 1997.
11. "Firearms
Industry Fact Sheet," Violence Policy Center, 1997.
12. Jeff Brazil and Steve Berry, "Crackdown on Assault Weapons
Has Missed Mark," Los Angeles Times, August 24, 1997.
13. "The Anti-Gun Trafficking Act of 1997," US Senate, Congressional
Record, 18 March 1997.
14. See the summary of "Ring of Fire."
15. "The American Handgun Standards Act of 1997," US Senate,
Congressional Record, 21 January 1997.
16. "Key Legislative Issues for the 105th Congress," Handgun
Control, Inc., updated November 10, 1997.
17. "Mexicans Too Have a Problem Border: Awash in US Guns,"
Christian Science Monitor, 11 April 1997.
18. Senate Committee on Governmental Affairs, A Review
of Arms Export Licensing, cited in Michael Klare and David
Andersen, A Scourge of Guns, Federation of American
Scientists, 1997, p. 66.
19. "Brazil-US Counternarcotics Cooperation: Fighting the
Illegal Trade of Weapons," statement of Brazilian embassy
officials at a roundtable discussion hosted by BASIC, 20 March
1996.
20. "Brazil: Minister Views Efforts to Control Weapons Smuggling,"
a FBIS Daily Report translation of an article by Justice Minister
Nelson Jobim titled "The Fight Against Weapons Trafficking,"
FBIS-TDD-96-029-L, 28 September 1996.
21. "Mexico, Harried over Drugs, Presses Own Peeve: U.S.
Guns," New York Times, 19 March 1997.
22. "Mexico Asks U.S. to Track Guns Being Imported by Drug
Cartels," Washington Post, 5 November 1996, p. A13.
23. "Mexicans Too Have a Problem Border: Awash in US Guns,"
Christian Science Monitor, 11 April 1997.
24. "Clinton Gains Pledge from Mexico," San Francisco
Examiner, 6 May 1997, p. A2.
25. "Mexico Asks U.S. to Track Guns Being Imported by Drug
Cartels," Washington Post, 5 November 1996, p. A13.
26. "Mexico Complains of Gun Smuggling," Associated Press,
3 May 1997.
27. "Mexico, Harried over Drugs, Presses Own Peeve: U.S.
Guns," New York Times, 19 March 1997.
28. "Colombia: Report on Weapons, Increasing Violence," Santa
Fe de Bogota Samana, in FBIS Daily Report, FBIS-TDD-97-271,
28 September 1997.
29. "Colombia: Police Chief on Cali Arms Cache, Trafficker-Guerrilla
Links," Santa Fe de Bogota Inravision Television in
FBIS Daily Report FBIS-TOT-97-020-L, 26 February 1997.
30. Edward C. Ezell, Small Arms Today, 2nd edition,
(Harrisburg: Stackpole Books), 1988, p. 444.
31. Valerie Alvord, "Illegal weapons were well-traveled:
Mexico-bound, they went round the world to San Diego," San
Diego Union Tribune, March 21, 1997.
32. Valerie Alvord, "Selected gun parts a riddle waiting
to be unraveled," San Diego Union Tribune, April 6,
1997.
33. Some of the material in this section and in the section
on policy options is drawn from Dr. Natalie J. Goldring, "Developing
Transparency and Associated Control Measures for Light Weapons,"
a paper presented the April 1997 workshop for the 1997 review
group of governmental experts on the UN Conventional Arms
Register, Tokyo, Japan. The paper also presents and assesses
several proposals to increase the transparency of light weapons
transfers, primarily within the UN context.
34. "Guidelines for international arms transfers in the context
of General Assembly resolution 46/36H of 6 December 1991,"
reprinted in "Review of the Implementation of the Recommendations
and Decisions Adopted by the General Assembly at its Tenth
Special Session: Report of the Disarmament Commission," A/51/182,
1 July 1996, pp. 64-69.
35. "Draft United Nations International Study on Firearm
Regulation," prepared by the Crime Prevention and Criminal
Justice Division, United Nations Office at Vienna, E/CN.15/1977/CRP.6,
Commission on Crime Prevention and Criminal Justice, 25 April
1997.
36. "UN International Study on Firearms Regulation," UN Backgrounder:
Firearms (Vienna: UN Information Service, no date).
37. "Firearm regulation for the purpose of crime prevention
and public safety," E/CN.15/1997/L.19, 30 April 1997.
38. "Statement submitted by the National Rifle Association
of America - Institute for Legislative Action (roster), a
non-governmental organization in consultative status with
the Economic and Social Council," 28 April - 9 May 1997.
39. See next section on the role of "pro-gun" organizations
for additional detail on gun groups' involvement in ECOSOC
activities.
40. For further information about the small arms panel, see
Dr. Natalie J. Goldring, "UN Small Arms Panel Makes Progress,"
BASIC Reports #56, 11 February 1997, and
"After Discord, Consensus on UN Small Arms Report," BASIC Reports #59, 25 August 1997.
41. "General and Complete Disarmament: Small Arms," A/C.1/52/L.27/Rev.1,
10 November 1997.
42. "OAS To Approve Arms Trafficking Treaty," OAS Press Release,
12 November 1997.
43. "Draft Convention Against the Illicit Manufacturing and
Trafficking of Firearms, Ammunition, Explosives and Other
Related Materials," OEA/Ser.G CP/doc.2875/97, 20 March 1997,
Organization of American States Permanent Council.
44. "EU Targets Illegal Arms," Defense News, 11-17
May 1997.
45. "Inter-American Convention Against the Illicit Manufacturing
of and Trafficking in Firearms, Ammunition, Explosives and
Other Related Materials", AG/RES.1(XXIV-E/97), adopted by
the 24th Special Session of the General Assembly, Organization
of American States, Washington, DC, 13 November 1997.
46. "Draft Convention Against the Illicit Manufacturing and
Trafficking of Firearms, Ammunition, Explosives and Other
Related Materials," prepared by a group of experts in Cancun
on 6-7 March 1997 and submitted by the Rio Group to the Organization
of American States.
47. Kate Joseph, interview with official of Mexican mission
to the OAS, 7 November 1997.
48. "Inter-American Convention", op cit., Article
VII: Confiscation or Forfeiture.
49. Geraldine O'Callaghan, interview with a Canadian Foreign
Ministry official, 1 December 1997.
50. The CICAD's current membership consists of 32 countries;
it was established in 1986 to improve cooperation on controlling
drug trafficking, production, and use among member states.
The Commission has provided assistance to OAS member states
on issues such as reducing supply and demand for drugs and
information sharing.
51. "OAS Convention Against Illicit Firearms Trafficking,"
Fact Sheet, The White House, November 14, 1997.
52. Australian Shooters Journal, August 1992.
53. Australian Shooters Journal, September 1993.
54. Peter H. Stone, "From the K Street Corridor," National
Journal, April 12, 1997, p. 712.
55. News Release, Sporting Shooters Association of Australia,
4 April 1997.
56. Australian Shooters Journal, May 1997.
57. "World Forum Seeks to Save Sport Shooting," Gun News
Digest," Fall 1997, p. 20.
58. "World Forum on the Future of Sportshooting Activities
Established," NRA-ILA Fax Alert, Vol. 4 No. 28, 11 July 1997.
59. Peter H. Stone, "From the K Street Corridor," National
Journal, April 12, 1997, p. 712.
60. Letter from Tanya K. Metaksa,
Executive Director of the NRA's Institute for Legislative
Action, to Senator Jesse Helms, 11 January 1996.
61. "UN Panel Recommends
Studying Gun Licensing," In NRA Grassfire, January
1998.
62. Statement of the National Rifle Association of America
- Institute for Legislative Action before the United Nations
Panel of Government Experts on Small Arms, 21 January 1997.
Author's note: Despite the title, this statement was not
in fact presented before the panel.
63. "Statement of Thomas L. Mason, National Rifle Association
of America (NRA)," United Nations Regional Workshop on Firearm
Regulation (Africa), Arusha, Tanzania, 6 November 1997.
64. Letter from Tanya K. Metaksa,
Executive Director of the NRA's Institute for Legislative
Action, to Senator Jesse Helms, 11 January 1996.
65. Andrew Molchan, director of the US Association of Federally
Licensed Firearms Dealers, quoted in a letter to Senator Jesse Helms from Tanya K. Metaksa,
Executive Director of the NRA's Institute for Legislative
Action, 11 January 1996.
66. " Firearms
Owned by Civilians are the Target," NRA-ILA Fax Alert,
November 26, 1997.
67. "Global
Gun Control? Global Fighters for Gun Rights," The Gottlieb-Tartaro
Report, Issue 24, December 1996.
68. "The United Nations
Wants Your Guns," The Gottlieb-Tartaro Report,
Issue 35, November 1997.
69. "Japan Pushes UN Gun Control Plan," The American Firearms
Council Journal, Vol. 1 No.1, Summer 1996.
70. "The
Clinton War on Guns," American Rifleman, April
1996.
71. "News Flash: Rep.
Ron Paul Moving to Eliminate Gun Control Bureaucracy -- Amendment
would remove U.S. from U.N. jurisdiction," Gun Owners
of America, 4 June 1997.
72. "The
United Nations: Pressing for U.S. Gun Control," June 1997.
73. In the United States, for example, the Arms Project of
Human Rights Watch has published an extremely valuable series
of country case studies covering light weapons transfers and
violations of the laws of war in countries such as Angola,
Turkey, and Rwanda. Their work also addresses particular light
weapons such as landmines, blinding lasers, and cluster bombs.
74. For an excellent analysis of the potential for such measures
in South Africa, see Jacklyn Cock, "A Sociological Account
of Light Weapons Proliferation in Southern Africa," in Jasjit
Singh, ed., Light Weapons and International Security,
(New Delhi: Indian Pugwash Society and British American Security
Information Council), 1995.
75. "Twelve is Enough Anti-Gunrunning Act," US House of Representatives,
Congressional Record, 7 January 1997.
76. See, for example, Christine Spolar, "Many Guns, Few Solutions
in Albania: Looting of Armories Litters Chaotic Country With
Weapons," Washington Post, 12 March 1997, and Mike
O'Conner, "Albanians, Struggling to Survive, Sell Stolen Rifles,"
New York Times, 24 April 1997.
77. "Mali: Mali, Senegal, Mauritania To Tighten Border Security,"
FBIS Daily Report, FBIS-AFR-97-305, 1 November 1997.
78. "South Africa: Police Destroy 20 Metric Tons of Illegal
Firearms," FBIS Daily Report, FBIS-AFR-97-279, 6 October 1997.
BASIC gratefully acknowledges the Ford
Foundation's generous support for the Project on Light Weapons
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