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UNITED NATIONS
Economic and Social Council
Distr.LIMITED, E/CN.15/1998/L.6/Rev.1, 28 April 1998
ORIGINAL: ENGLISH
COMMISSION ON CRIME PREVENTION
AND CRIMINAL JUSTICE
Seventh session, Vienna, 21-30 April 1998, Agenda item 5
CRIMINAL JUSTICE REFORM AND
STRENGTHENING OF LEGAL INSTITUTIONS:
MEASURES TO REGULATE FIREARMS
Angola, Argentina, Australia, Azerbaijan,
Benin, Bolivia, Botswana, Brazil, Canada, Cape Verde, Colombia,
Costa Rica, Côte d'Ivoire, Democratic Republic of the
Congo, Ecuador, Finland, France, Gambia, Germany, Ghana, Greece,
Guatemala, India, Ireland, Italy, Jamaica, Japan, Kuwait,
Lebanon, Lesotho, Lithuania, Malta, Mexico, Netherlands, Norway,
Panama, Paraguay, Philippines, Poland, Qatar, Romania, Russian
Federation, Saudi Arabia, Slovakia, Slovenia, South Africa,
Sudan, Swaziland, Togo, Ukraine, United Kingdom of Great Britain
and Northern Ireland, United States of America, Uruguay, Venezuela,
Zambia and Zimbabwe: revised draft resolution
The Commission on Crime Prevention and Criminal
Justice recommends to the Economic and Social Council the
adoption of the following draft resolution:
Measures to regulate firearms for the purpose
of
combating illicit trafficking in firearms
The Economic and Social Council,
Recalling resolution 9 of the Ninth United
Nations Congress on the Prevention of Crime and the Treatment
of Offenders, on firearms regulation for purposes of crime
prevention and public safety,
Recalling section IV.A of its resolution
1995/27 of 24 July 1995 and its resolutions 1996/28 of 24
July 1996 and 1997/28 of 21 July 1997,
Bearing in mind that freedom from the
fear of crime is fundamental to international cooperation
and to the sustainable development of States and that international
illicit trafficking in and criminal misuse of firearms have
a harmful effect on the security of each State and endanger
the well-being of peoples and their social and economic development,
Aware of the need for improved cooperation
and exchange of data and other information for law enforcement
purposes as well as for cooperative action to combat illicit
trafficking in firearms,
Mindful that the suppression and prevention
of international illicit trafficking in firearms can best
be accomplished by the adoption of effective methods of identifying
and tracing firearms and by the establishment of an import
and export and in-transit licensing or similar authorization
regime for the international transfer of firearms,
Aware of the importance of bilateral
and multilateral instruments and arrangements in the furtherance
of international cooperation, including guidelines and model
regulations,
Taking note with appreciation of the
work of regional organizations such as the Organization of
American States, which completed in November 1997 the Inter-American
Convention against the Illicit Manufacturing of and Trafficking
in Firearms, Ammunition, Explosives, and Other Related Materials,
the Inter-American Drug Abuse Control Commission, which developed
the Model Regulations for the Control of the International
Movement of Firearms, Their Parts and Components, and Ammunition,
and the Council of the European Communities directive on firearm
regulation,
Taking note of the relevant recommendations
contained in the report of the United Nations Panel of Governmental
Experts on Small Arms, in particular those related to achieving
effective control of firearms in the peace-building process
in order to prevent their entry into the illicit market,
Noting the results of the United Nations
International Study on Firearm Regulation,
Recognizing that States will benefit
from sharing technical expertise and training that will enhance
the capability of law enforcement and criminal justice officials
to develop crime prevention policies and solutions to prevent
and combat illicit trafficking in and criminal misuse of firearms,
Recalling General Assembly resolution
52/85 of 12 December 1997,
1. Welcomes the results of the United
Nations International Study on Firearm Regulation and expresses
its appreciation to the Member States that participated in
that initiative;
2. Expresses its appreciation to the
Governments of Australia, Canada and Japan, to intergovernmental
organizations and to institutes of the United Nations Crime
Prevention and Criminal Justice Programme network for contributing
financially or in kind to the development and implementation
of the United Nations International Study on Firearm Regulation;
3. Expresses its appreciation to the
Government of Slovenia for acting as host to the regional
workshop on firearm regulation in Europe, held at Ljubljana
from 22 to 26 September 1997, to the Government of the United
Republic of Tanzania for acting as host to the regional workshop
on firearm regulation in Africa, held at Arusha from 3 to
7 November 1997, to the Government of Brazil for acting as
host to the regional workshop on firearm regulation in the
Americas, held at São Paulo from 8 to 12 December 1997,
and to the Government of India for acting as host to the regional
workshop on firearm regulation in Asia, held at New Delhi
from 27 to 31 January 1998;
4. Recommends that States, in the light
of the above-mentioned considerations, work towards the elaboration
of an international instrument to combat the illicit manufacturing
of and trafficking in firearms, their parts and components
and ammunition within the context of a United Nations convention
against transnational organized crime;
5. Invites States, when discussing the
elaboration of the international instrument referred to in
paragraph 4 above, to take into account, as appropriate, the
views of interested non-governmental organizations and other
interested parties;
6. Recommends that States, in discussing
the elaboration of the international instrument, take into
account, where relevant and appropriate, the Inter-American
Convention against the Illicit Manufacturing of and Trafficking
in Firearms, Ammunition, Explosives, and Other Related Materials,
as well as other existing international instruments and ongoing
initiatives;
7. Decides that the ad hoc committee
on the elaboration of a comprehensive international convention
against transnational organized crime, to be established by
the General Assembly, should hold discussions on the elaboration
of an international instrument to combat the illicit manufacturing
of and trafficking in firearms, their parts and components
and ammunition, including, inter alia, effective methods
of identifying and tracing firearms, as well as on the establishment
or maintenance of an import and export and in-transit licensing
or similar authorization regime for the international commercial
transfer of firearms, their parts and components and ammunition,
to prevent their diversion for criminal misuse;
8. Invites the International Criminal
Police Organization and other intergovernmental organizations
to provide the Secretary-General with views and proposals
regarding their possible contributions towards the development
and implementation of technical cooperation to strengthen
the ability of law enforcement officials to combat illicit
trafficking in and criminal misuse of firearms and requests
the Secretary-General to report thereon to the Commission
on Crime Prevention and Criminal Justice at its ninth session;
9. Requests the Secretary-General to
prepare the report referred to in paragraph 8 above using
existing or extrabudgetary resources.
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