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The Illicit Traffic in Small Arms
Submission to UN Department of Disarmament
Affairs
July 1999
Executive Summary
Concrete international measures to control small
arms have focused predominantly on illicit weapons trafficking;
however, these measures only address part of a much more comples
equation. The vast majority of weapons transfers are conducted
through authorised channels, which can be easily diverted
to illicit parties. This relationship demonstrates the need
to pursue both measures to halt illicit traffic and to place
controls on legal transfers of small arms. In light of the
recent interest in issues related to small arms, the UN has
a leading role to play in developing a comprehensive agenda
for small arms control and reduction.
Magnitude and Scope of Illicit Trafficking
While identifying the exact magnitude and scope of illicit
small arms trafficking proves difficult, various consequences
and trends can be attributed to its growth. The devastating
consequences of weapons proliferation are witnessed in the
following examples: the increasing crime rates in states saturated
with weapons, the failure peacekeeping operations, and the
diversion of economic resources to accquire guns. Recent trends
in illict small arms trafficking demonstrate a nexus with
the proliferation of other gray market areas such as drug
trafficking, counterfeiting, illegal immigrant smuggling,
and prostitution.
Measures to Combat Illicit Trafficking
In recent years, illicit small arms trafficking has been identified
as an issue of international concern and the international
community has responded with a number of regional initiatives
within the Organization of American States, the European Union,
the Economic Community of West African States , and the Southern
African Development Community. Although these regional initiatives
are making important contributions to curbing illicit trafficking,
UN action is needed to provide a framework to coordinate comprehensive
action.
Within the current initiatives on small arms,
two approaches control approaches have developed. In the first
approach (the law enforcemnt approach),illicit trafficking
is framed as an issue of law enforcement and crime control.
In the second approach (the integrated approach), illicit
trafficking is described as a phenomenon which undermines
peace, structural stability, and long-term development.
The Law Enforcement Approach
In 1997, the OAS signed the "Inter-American Convention Against
the Illicit Manufacturing of andTrafficking in Firearms, Ammunition,
Explosives, and Other Related Materials" which favors the
law enforcement approach. The strengths of the OAS Convention
are found in its legally binding responsibilities, broad definiton
of firearms and explosives, and encouragement of practical
measures. However, the OAS Convention fails to address the
entire scope of small arms issues by disregarding government
arms transfers, preserving the status quo, focusing on crime
rather than conflict, and not providing adequate practical
measures.
In the last year, the UN Economic and Social
Council has developed a "Draft Protocol Against Ilicit Manufacturing
of and Trafficking in Firearms, Ammunition, and Other Related
Materials" which is similar to the OAS Convention. The Firearms
Protocol adds strengths to the law enforcement approach by
proposing marking weapon, including arms brokers as illegal
actors, and allowing potential to broaden the definition of
organised crime. Clear weaknesses are found in the Firearms
Protocol's failure to address conflict, restrictions to commercial
transactions, lack of clarification concerning the right to
self determination, failure to reccommend destruction and
safe storage measures, and voluntary implementation.
The Integrated Approach
At the initiative of 1997 EU Presidency held by the Netherlands,
a "Programme for Preventing and Combating Illicit Trafficking
in Conventional Arms" was adopted by the EU using the integrated
approach to illicit trafficking. In contrast to the law enforcement
approach, the EU has committed to strengthening collective
efforts to prevent and combat illicit trafficking in arms
from and through the EU, providing assistance to countries
in regions affected by light weapons proliferation, and assisting
countries in affected regions with only minimal security and
stability. This approach is more comprehensive than the law
enforcemnt aproach; however, it has not become legally binding
and fails to address the use of EU ports as arms transit points.
UN action on small arms is centered on the Mechanism
for Co-ordinating Action on Small Arms (CASA), which was established
in 1998. CASA was established to consolidate UN action on
small arms by emphaisizng inter-departmental communnication
and a cross-fertilisation of ideas. As the central instrument
for directing UN action on small arms, CASA has a large role
to play in formulating the agenda for the upcoming 2001 Conference
on "illicit trafficking in all its aspects". In forming this
agenda, we reccomend that CASA consider the following points:
-
The UN Firearms Protocol:
review the scope and focus; consider prospects for ratification
and implementation
-
Common standards on legal transfers:
formulate definition of "illicit trafficking" consistent
with international law; agree on common standards
-
Regional and international practical
measures: increased support for INTERPOL;
contribute to capacity building; provide developmental
assistance
-
NGO and civil society involvement
National Control Measures
The relative ease with which guns can be smuggled across
borders creates a link between domestic gun laws and international
illicit trafficking. With this connection in mind, we reccommend
the following actions for national governments: adopting codes
of conduct on arms exports, improving end-use certification,
strengthening national laws on brokering, improving domestic
gun legislation, facilitating norms of non-possession in post-conflict
societies, mandatory weapons collections and destruction during
peacekeeping missions, and providing resources to ensure functioning
control initiatives.
Role of the United Nations
The United Nations is well placed to collect and share
impartial data on illicit trafficking. However, keeping in
mind the magnitude of the task versus limited resources, the
UN should focus on strengthening and consolidating existing
initiatives rather than creating new mechanisms. In particular,
the UN should focus on strengthening both the UN and regional
arms registers, coordinating information sharing for collected
field data, and increasing support for INTERPOL's ability
to collect data on illicit trafficking.
The UN has been a global leader and initiator
in the effort to reduce the proliferation and misuse of small
arms. Currently, the UN must continue this role by coordinating
and collaborating with efforts undertaken by INTERPOL, regional
organizations, national governments, and NGO's to enusre that
efforts to combat illicit trafficking are not duplicated and
remain cooperative.
BASIC's Submission
to the UN Department of Disarmament Affairs July 1999
(PDF format)
Annex to Report: Comparison of Measures to Combat Illicit Traffickin
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