BASIC RESEARCH REPORT

One Size Fits All?:
Prospects for a Global Convention on
Illicit Trafficking by 2000

Conclusion

The OAS Convention and its global offspring, the Firearms Protocol, are welcome elements in the campaign to stem light weapons trafficking. They symbolize a positive effort on the part of governments to address shared concerns about pandemic global violence. In particular, globalization of the OAS Convention in the form of an international instrument is a fitting response to the global dynamics of illicit weapons trafficking as well as its tragic global consequences.

However, these ongoing efforts have significant limitations. Restricted to controls on illicit weapons, these mechanisms cannot effectively address the principal contributing factors to the overall flows of light weapons which in turn fuel violence and instability throughout the world. In addition, there are limitations in scope, omissions in practical measures, and loopholes such as brokering which remain unresolved as well as uncertainties about overall implementation and the viability of specific elements in the agreements.

In negotiating the Firearms Protocol, it is hoped that states will elect to take the more difficult yet more far-reaching approach, agreeing a strong and comprehensive Firearms Protocol backed by a commitment to provide adequate resources for implementation. The potential results are tremendous. In the short term, such an agreement would initiate a process of meaningful change and inter-governmental cooperation. In the long term, a strong Firearms Protocol could ultimately reduce the overall number of weapons in circulation on the streets and battlefields of tomorrow.

However, as with any negotiations, there is a danger that governments may shy away from the political, financial and technical challenges they now face. They may choose the course of political convenience, rhetoric and powerless policies rather than adopting controls. Instead of bearing responsibility for their own actions, the world's governments may lower themselves to finger-pointing, blaming the faceless, nameless entity of "organized crime" for a global scourge of light weapons proliferation that is mainly their own creation.

An Action Plan
If governments want to translate their call to action on this issue into concrete results, they must first increase their credibility by strengthening the agreement and instituting practical measures. In particular they must:

• Adopt Broad Definitions. Comprehensive definitions for weapons and illicit trafficking will allow the Firearms Protocol's controls to be applied to a wider set of transfers, including explosives and state-to-state transfers. ú Incorporate international law. Since light weapons are often used to carry out human rights abuses and war crimes, it is both appropriate and necessary for their transfer to be addressed in a similar legal fashion.

• Introduce Provisions for Mandatory Destruction and Safe Storage. Destroying captured, seized and surrendered weapons is the most practical and effective way to break the cycle of weapons proliferation. In concert with safe storage measures, destruction is a vital factor in reducing the number of illegal weapons in circulation.

• Adopt Parallel Controls on Legal Transfers. Governments are na‹ve if they believe that they will be able to shirk their own responsibility for certain aspects of light weapons proliferation without any political fallout. While they may intend to use the Firearms Protocol as a smokescreen to distract attention away from state-to-state and state-to-non-state transfers, pressure on them to address the hypocrisy of their own behavior will not abate with the signing of the Crime Convention. In addition to enforcing existing legislation and regulations, governments should make a clear commitment to develop new laws and more stringent criteria to govern weapons exports such as codes of conduct.

• Develop an Action Plan for Cooperation and Funding. To ensure that the commitments contained in the Firearms Protocol are not idle promises, it is critical that governments establish a system for coordination as well as an action plan for generating the resources necessary for full implementation.

Under strong pressure from the governments leading the campaign, negotiations on the Firearms Protocol are in danger of reaching a quick agreement in order to create a public relations success. Such an approach will leave leading states and institutions open to ridicule. As a result, countries outside the core group driving the Firearms Protocol negotiations forward may be hesitant to agree to a quick PR fix. Alternatively, many countries may find themselves agreeing to a text that either falls far short of expectations or is impossible to implement.

Lastly, it is critical that the governments leading the campaign for the Firearms Protocol undertake meaningful and comprehensive consultations with all states. Developing an effective international system to combat trafficking requires careful consideration of different regional dynamics. As an expert close to the OAS negotiations observed, "Progress on this issue should be achieved by respecting regional differences. For instance, it's obvious that Nigeria doesn't have the same problems as Canada or Indonesia. Although progress may slow down, it must be built on these unequal conditions, otherwise all efforts made will be weakened."¹¹³

About the Authors

Geraldine O'Callaghan is a Senior Analyst at BASIC, specialising in weapons trade issues. Before joining BASIC she was a Campaigns Executive for the international development agency Oxfam. Ms. O'Callaghan holds both a Masters in Comparative International Development Politics and an undergraduate degree from Bristol University.

Susannah L. Dyer is an independent writer, editor and research specialist based in Calgary, Canada. Ms. Dyer is also sole proprietor of The Word Mechanic, an internet-based writing, editing and information design service (http://members.home.net/dyer). Before launching her own consulting business in 1996, she worked in BASIC's Washington office for four years as an analyst on the conventional weapons trade. Ms. Dyer holds an honours degree in North American Studies from McGill University in Montreal.

Acknowledgements

The authors would like to thank Brian Wood, Senior Fellow at BASIC and the Norwegian Initiative on Small Arms Transfers (NISAT), and Dr. Eduardo Trench for their input to the report.

BASIC would like to thank the Ford Foundation for its generous support.

Acronyms & Abbreviations

ASEAN Association of South East Asian Nations
BATF Bureau of Alcohol, Tobacco and Firearms (US)
CASA Coordinating Action on Small Arms (UN)
CICAD Inter-American Drug Abuse Control Commission
DDA Department for Disarmament Affairs (UN)
DPKO Department of Peacekeeping Operations (UN)
ECOSOC Economic and Social Council (UN)
ECOWAS Economic Community of West African States
EU European Union
FAR Forces Arm‚es Rwandaises (Rwandan armed forces)
G-8 Group of Eight Industrialized States (was G-7)
ICPO-INTERPOL International Criminal Police Organisation
INDUMIL Industrias Militares (Colombian National Defense Industries)
IWETS INTERPOL Weapons and Explosives Tracking System
MERCOSUR Mercado Commun del Sur (Southern Common Market)
NATO North Atlantic Treaty Organisation
NGO Non-governmental organization
NRA National Rifle Association (US)
OAS Organization of American States
OAU Organization of African Unity
OCHA Office for the Coordination of Humanitarian Affairs (UN)
OSCE Organization for Security and Cooperation in Europe
SADC Southern African Development Community
SARPCCO Southern African Regional Police Chiefs Cooperation Organisation
TOC Convention against Transnational Organized Crime
UN United Nations
UNDP United Nations Development Programme
UNHCR United Nations High Commissioner for Refugees
UNICEF United Nations Children's Fund

Endnotes

Executive Summary

¹ There are many working definitions for small arms and light weapons, ranging from technical definitions to descriptive definitions categorizing small arms and light weapons as those which can be operated by one or two persons and can be carried by one or two persons or by a pack animal or light vehicle. A 1997 report published by the United Nations provided the following definitions: small arms includes revolvers and self-loading pistols, rifles and carbines, sub-machine guns, assault rifles and light machine guns; light weapons includes heavy machine guns, hand-held under-barrel and mounted grenade launchers, portable anti-aircraft guns, portable anti-tank guns, recoilless rifles (sometimes mounted), portable launchers of anti-aircraft missile systems (sometimes mounted) and mortars of calibers less than 100 mm; ammunition and explosives includes cartridges (rounds) from small arms, shells and missiles for light weapons, mobile containers with missiles or shells for single-action anti-aircraft and anti-tank systems, anti-personnel and anti-tank hand grenades, landmines and explosives. From "Report of Governmental Experts on Small Arms," A/52/298, United Nations, 27 August 1997. For the purpose of this report, the term "light weapons" is used as a general term referring to all of the aforementioned weapons and ammunition.

² "Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials," OEA/Ser.P, AG/RES. 1, XXIV-E/97, Organization of American States, 13 November 1997. The text of the Convention is posted on the OAS web site at: http://www.oas.org/en/prog/juridico/english/wepon.html in English and Spanish, respectively. The OAS currently includes all 35 countries in the Americas. However, Cuba was barred from participation in the organization by a resolution passed in 1962.

³ Geraldine O'Callaghan interview with US State Department official, 12 October 1998.

Chapter 1:  Governments Jump into Action

⁴ Secretary of State Madeleine K. Albright, Statement to the UN Security Council Ministerial on Africa, New York, 24 September 1998, as released by the Office of the Spokesman, US Department of State.

⁵ For additional information and analysis of efforts to stem illicit light weapons trafficking undertaken by the UN, the OAS, the G-8 and the EU, see: Susannah L. Dyer and Geraldine O'Callaghan, Combating Illicit Light Weapons Trafficking: Developments and Opportunities, BASIC Research Report 98.1 (London: British American Security Information Council) January 1998.

⁶ In December 1997, 122 states signed the "Convention on the Prohibition of the use, stockpiling, production and transfer of antipersonnel mines and on their destruction" in Ottawa, Canada. For more information on efforts to ban landmines, see the International Campaign to Ban Landmines web site at http://www.icbl.org.

⁷ According to Peter Lock, "At some point of their respective life-cycles large quantities of small arms enter the sphere of illicit circulation and misuse. The 'trans-substantiation' of legally possessed firearms (manufacturers, traders, armed forces, law enforcement bodies, and private licensees) into instruments of crime, violence and internal warfare takes many routes." See Dr. Peter Lock, "Illicit Small Arms Availability," Research note prepared for the 3rd International Berlin Workshop, Consolidating Peace through Practical Disarmament Measures and Control of Small Arms - From Civil War to Civil Society, Berlin, 2-5 July 1998.

⁸ "EU Programme for Preventing and Combating Illicit Trafficking in Conventional Arms," Council Declaration 9057/97, 26 June 1997.

⁹ "European Union Code of Conduct on Arms Exports," text formally approved by the General Affairs Council, Council of the European Union, 8 June 1998.

¹⁰ "Joint Action adopted by the Council on the basis of Article J.3 of the Treaty on European Union on the European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons," 14164/98, Council of the European Union, 17 December 1998.

¹¹ Particularly significant in this regard is the "Brussels Call for Action" endorsed by 98 governments on 12-13 October 1998. See Sustainable Disarmament for Sustainable Development, Belgian Administration for Development Cooperation, March 1999.

¹² For additional background information on the G-8 effort, see: "The G-8 Summit: A Leading Role in Small Arms Control?" joint agency policy paper submitted by BASIC, Christian Aid, International Alert, Oxfam GB and Saferworld, posted on BASIC's web site at: http://www.basicint.org/g8summ.htm. A number of relevant G-8 documents are also posted on the United States Information Agency (USIA) web site at http://usinfo.state.gov/topical/econ/birming/issue/issues/htm.

Chapter 2:  A Closer Examination of the OAS Prototype

¹³ Geraldine O'Callaghan interview with Mexican OAS official, 9 April 1999.

¹⁴ The analysis in this report is based the most current available version of the Protocol text: "Draft Protocol Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition and Other Related Materials Supplementary to the United Nations Convention against Transnational Organized Crime," A/AC.254/4/Add.2/Rev.1, Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime, Third Session (28 April - 3 May 1999), United Nations Office at Vienna, 8 February 1999. The full text is available in a number of different languages on the United Nations Crime and Justice Information Network web site at http://www.ifs.univie.ac.at/~uncjin/dcatoc/3session/index.htm.

¹⁵ Geraldine O'Callaghan interview with US State Department official, 19 September 1997.

¹⁶ Ambassador Carmen Moreno, Deputy Foreign Minster of Mexico, "A Global Crackdown on Illegal Trafficking," presentation at a seminar on Stopping the Spread of Small Arms: International Initiatives, organized by the British American Security Information Council and sponsored by the Canadian and Norwegian Missions to the United Nations, 25 September 1998. Proceedings from the seminar are available on BASIC's web site at http://www.basicint.org/unsem1998.htm.

¹⁷ Geraldine O'Callaghan interview with Robert Wall, Firearms and Explosives Unit, INTERPOL, 14 April 1999.

¹⁸ The Convention entered into force on 1 July 1998 in accordance with Article XV of the agreement. For additional information on the ratification process, see the section on "Challenges of ratification and implementation" later in this chapter.

¹⁹ Geraldine O'Callaghan interview with US State Department official, 12 October 1998.

²⁰ For instance, Mexico and the US have been working on a bilateral assessment of the links between drug and firearms trafficking. The document states that between 1995 and 1996, 36 percent of the 23,841 firearms that were seized corresponded to seizures related to drug trafficking. See "The negotiations of the Inter-American Convention against Illicit manufacturing of and trafficking in firearms, ammunition, explosives and other related materials," presentation by Ambassador Carmen Moreno at Oslo meeting of like-minded governments, July 1998.

²¹ Geraldine O'Callaghan interview with Mexican OAS official, 9 April 1999.

²² Moreno, "A Global Crackdown on Illegal Trafficking."

²³ Geraldine O'Callaghan interview with OAS official, 4 April 1999.

²⁴ Tom McDonald interview with Jamaican police official, 17 March 1999.

²⁵ Geraldine O'Callaghan interview with US State Department official, 12 February 1999.

²⁶ Tom McDonald interview with Jamaican police official, 17 March 1999.

²⁷ Tom McDonald correspondence with Dr. Eduardo Trench, firearms legislation expert, Argentina, 12 February 1999.

²⁸ OAS Convention, OEA/Ser.P, AG/RES. 1, XXIV-E/97, Article I, para. 3.

²⁹ Ambassador Carmen Moreno, Deputy Foreign Minister of Mexico, "A Global Crackdown on Illegal Trafficking," Stopping the Spread of Small Arms: International Initiatives, a seminar organized by the British American Security Information Council and sponsored by the Mission of Canada to the UN and the Mission of Norway to the UN, 25 September 1998.

³⁰ Model Regulations for the Control of the International Movement of Firearms, Their Parts and Components and Ammunition," Inter-American Drug Abuse Control Commission, November 1997. Posted on the CICAD web site at http://www.cicad.oas.org/en/legal_development/legal-regulations-arms.htm.

³¹ It should be noted that the CICAD regulations do not include explosives; the CICAD group's report merely suggested convening an experts group to study the issue.

³² In particular, the SADC and G-8 have broadly endorsed this approach. Information on the SADC's perspectives from Geraldine O'Callaghan interview with Southern African Regional Police Chiefs Cooperation Organisation (SARPCCO) official, 2 December 1998. For more information on the G-8's position, see "Final Communiqué," G-8 Birmingham Summit, 15-17 May 1998, posted at http://birmingham.g8summit.gov.uk.

³³ For an overview of current policy proposals, see the International Action Network on Small Arms (IANSA) founding document posted at http://www.prepcom.org/text/pc2/pc2a64.htm.

³⁴ Geraldine O'Callaghan interview with Robert Wall, Firearms and Explosives Unit, INTERPOL, 14 April 1999.

³⁵ Article VII of the OAS Convention dealing with Confiscation or Forfeiture reads: "States Parties shall adopt the necessary measures to ensure that all firearms, ammunition, explosives, and other related materials seized, confiscated, or forfeited as the result of illicit manufacturing or trafficking do not fall into the hands of private individuals or businesses through auction, sale, or other disposal." OAS Convention, OEA/Ser.P, AG/RES. 1, XXIV-E/97.

³⁶ OAS Convention, OEA/Ser.P, AG/RES. 1, XXIV-E/97, preamble.

³⁷ Quoted in Daniel Nelson, "Damage Control," Bulletin of the Atomic Scientists, January/February 1999, p. 56.

³⁸ Geraldine O'Callaghan interview with Tom Mason, National Rifle Association, 22 October 1997.

³⁹ Tom McDonald interview with Jamaican police official, 17 March 1999.

⁴⁰ To date, the following countries have ratified the OAS Convention: Belize (17 November 1997), Bahamas (5 June 1998), Mexico (19 May 1998) and El Salvador (8 January 1999.).

⁴¹ Geraldine O'Callaghan interview with US State Department official, 7 April 1999.

⁴² Due to constitutional changes undertaken by the new Venezuelan president, ratification is now expected to take place in the second half of 1999. Tom McDonald interview with official from the Venezuelan mission to the OAS, 17 March 1999.

Chapter 3:  Developing the UN Firearms Protocol

⁴³ Tom McDonald interview with Jamaican police official, 17 March 1999.

⁴⁴ "Criminal Justice Reform and Strengthening of Legal Institutions: Measures to Regulate Firearms," Commission on Crime Prevention and Criminal Justice, United Nations Economic and Social Council, E/CN.15/1998/L.6/Rev.1, 28 April 1998.

⁴⁵ "Final Communiqué," G-8 Birmingham Summit, 15-17 May 1998.

⁴⁶ Susannah Dyer, "ECOSOC, G-8 Join Forces to Combat Firearms Trafficking," BASIC Reports No. 64, 4 June 1998.

⁴⁷ According to the United Nations Crime and Justice Information Network (UNCJIN), "States have committed themselves to ensure that the Ad Hoc Committee complete its work by the year 2000. The first session of the Ad Hoc Committee took place in Vienna, Austria, from 19-29 January 1999. In 1999, the Ad Hoc Committee will also meet on the following dates: 8-12 March; 28 April - 3 May; 28 June - 2 July; 4-15 October; 6-10 December (subject to the availability of extrabudgetary resources). Further meetings are planned for the year 2000 depending on the pace of negotiations." See "Draft Convention against Transnational Organized Crime," general information sheet, available on the UNCJIN web site at http://www.ifs.univie.ac.at/~uncjin/dcatoc.htm.

⁴⁸ Geraldine O'Callaghan interview with UK official, 7 April 1999.

⁴⁹ Hayes, p. 6.

⁵⁰ Hayes, p. 5.

⁵¹ Article 2 bis Use of Terms point (a), "Revised Draft United Nations Convention against Transnational Organized Crime," A/AC.254/4/Rev.1, Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime, Third Session (28 April - 3 May 1999), United Nations Office at Vienna, 10 February 1999, p. 4.

⁵² Hayes, para. 2, p. 5

⁵³ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 50, p. 8.

⁵⁴ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 4 regarding Article I, Option 2(b), p. 2.

⁵⁵ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 11 regarding Article I, Option 2 (e), p. 3.

⁵⁶ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 54 regarding Article IV, Option 1, p. 9.

⁵⁷ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 56 regarding Article IV, Option 3, p. 9.

⁵⁸ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 52 regarding Article IV, Option 1, p. 9.

⁵⁹ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 57 regarding Article IV, Option 4, p. 9.

⁶⁰ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 54 regarding Article IV, Option 1, p. 9.

⁶¹ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 24, p. 5.

⁶² Donna Ferolie, "Vienna Report: A Synopsis of the Canadian Position Paper to the UN ECOSOC Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime, January 19-29, 1999," Canadian Institute for Legislative Action, 16 February 1999.

⁶³ For example, the EU Code of Conduct and the International Code of Conduct provide detailed descriptions of numerous principles by which the behavior and policies of governments can be measured. These cover a variety of areas, including: international human rights standards; international humanitarian law; democratic rights; international arms embargoes and military sanctions; and opposition to terrorism.

⁶⁴ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 37 regarding Article II, Option 2 (e), p. 7.

⁶⁵ "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, United Nations, 1 July 1996, pp. 64-69.

⁶⁶ Geraldine O'Callaghan, interview with Canadian official, 12 February 1999.

⁶⁷ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 33 regarding Article II, Option I (c) (2), p. 6.

⁶⁸ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 33 regarding Article II, Option I (c) (2), p. 6.

⁶⁹ Geraldine O'Callaghan interview with US State Department official, 7 April 1999.

⁷⁰ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 81 regarding Article VII, Option 2, p. 12.

⁷¹ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 81 regarding Article VII, Option 2 (2), p. 14.

⁷² Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 100 regarding Article X, p. 14.

⁷³ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 65 regarding Article V, para. 1 (b), p. 10.

⁷⁴ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 86 regarding Article VIII, para. 1 (b), p. 13.

⁷⁵ James Coflin, Marking Small Arms: An Examination of Methodologies, Department of Foreign Affairs, Canada, February 1999, para. 3, p. 9.

⁷⁶ Geraldine O'Callaghan interview with Canadian official, 8 April 1999.

⁷⁷ Geraldine O'Callaghan interview with ECOSOC official, 14 April 1999.

⁷⁸ On 19 June 1990, a Convention was signed applying to the Schengen Agreement of 14 June 1985 between the Governments of the States of Benelux, European Union, The Federal Republic of Germany and the French Republic "On Gradual Abolition of Checks at their Common Borders." On 1 July 1995 it was fully implemented by Belgium, France, Germany, Luxembourg, the Netherlands, Portugal and Spain. Austria and Greece have signed but not implemented it. Denmark, Finland and Sweden maintain observer status.

⁷⁹ It should be noted that Ireland and the United Kingdom are island nations and therefore maintain a somewhat different perspective on issues pertaining to border controls.

⁸⁰ Geraldine O'Callaghan interview with an EU official, 8 April 1999.

⁸¹ A Convention applying the Schengen Agreement between the Governments of the States of Benelux, European Union, The Federal Republic of Germany and the French Republic "On Gradual Abolition of Checks at their Common Borders, 19 June 1990, Chapter 1, Article 39.

⁸² Schengen Agreement, Article 77, paragraph 1.

⁸³ Council Directive of 18 June 1991 on control and acquisition of possession of weapons (91/477/EEC).

⁸⁴ Raymond Bonner, "Loophole on Guns Feared in Europe," New York Times, April 19, 1998; Raymond Bonner "US Revoking Licenses to Export Firearms to Britain," New York Times, April 23, 1998.

⁸⁵ Bonner, "US Revoking Licenses to Export Firearms to Britain."

⁸⁶ Council Directive of 18 June 1991 on control and acquisition of possession of weapons (91/477/EEC), para. 12.

⁸⁷ For a more intensive analysis of proposals to regulate arms brokers, particularly within the EU, see Brian Wood and Liz Clegg, "Controlling the gun-runners: Proposals for EU action to regulate arms brokering and shipping agents," (London: British American Security Information Council, Saferworld and the Norwegian Initiative on Small Arms Transfers) February 1999.

⁸⁸ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 149, pp. 20-21.

⁸⁹ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 65 regarding Article V, para. 1 (b), p. 10.

⁹⁰ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 73 regarding Article VI, Option 2, p. 13.

⁹¹ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 70 regarding Article 5, para. 3, p. 11.

⁹² Firearms Protocol, A/AC.254/4/Add.2/Rev.1, point (g) of the proposed article on "Establishment of a focal point," p. 19.

⁹³ Geraldine O'Callaghan interview with ECOSOC official, 15 February 1999.

⁹⁴ Mark Gaillard, Canadian Department of Foreign Affairs, UN Group of Governmental Experts on Small Arms meeting, Geneva, 15-17 February 1999.

Chapter 4:  Recommendations

⁹⁵ Recommendations refer to the most current available version of the Firearms Protocol text, A/AC.254/4/Add.2/Rev.1, 8 February 1999.

⁹⁶ The annex could be based on the text contained in the OAS Convention (OEA/Ser.P, AG/RES. 1, XXIV-E/97) which further clarifies the definition of explosives by stipulating substances that fall outside the intended scope of the agreement. It states: "The term 'explosives' does not include: compressed gases; flammable liquids; explosive actuated devices, such as air bags and fire extinguishers; propellant actuated devices, such as nail gun cartridges; consumer fireworks suitable for use by the public and designed primarily to produce visible or audible effects by combustion, that contain pyrotechnic compositions and that do not project or disperse dangerous fragments such as metal, glass, or brittle plastic; toy plastic or paper caps for toy pistols; toy propellant devices consisting of small paper or composition tubes or containers containing a small charge or slow burning propellant powder designed so that they will neither burst nor produce external flame except through the nozzle on functioning; and smoke candles, smokepots, smoke grenades, smoke signals, signal flares, hand signal devices, and Very signal cartridges designed to produce visible effects for signal purposes containing smoke compositions and no bursting charges."

⁹⁷ This is the agreed definition used by the United Nations in its work on light weapons. See "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, United Nations, 1 July 1996, pp. 64-69.

⁹⁸ Language taken from "EU Programme for Preventing and Combating Illicit Trafficking in Conventional Arms," Council Declaration 9057/97, 26 June 1997, para. 1-2.

⁹⁹ "Report of the Panel of Governmental Experts on Small Arms," A/52/298, United Nations General Assembly, 27 August 1997, paragraph 37.

¹⁰⁰ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 24, p. 5.

¹⁰¹ States have recently acknowledged the need for increased funding to facilitate negotiation. At a recent G-8 Lyon Group meeting, the United States pledged $250,000 for negotiations on the three protocols in the UN Convention against Transnational Organized Crime. Japan has committed a further $200,000 to a June briefing on the negotiations in the ASEAN region.

¹⁰² For detailed information about methods of destruction see David de Clerq, Destroying Small Arms and Light Weapons: Survey of Methods and Practical Guide, Report 13, Bonn International Centre for Conversion, April 1999.

¹⁰³ Coflin, para. 3, p. vii.

¹⁰⁴ Coflin, para. 4, p. 11.

¹⁰⁵ See Wood and Clegg.

¹⁰⁶ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 65 regarding Article V, para. 1 (b), p. 10.

¹⁰⁷ Firearms Protocol, A/AC.254/4/Add.2/Rev.1, footnote 73 regarding Article VI, Option 2, p. 11.

¹⁰⁸ Former President of Costa Rica Dr. Oscar Arias is leading an initiative to develop an International Code of Conduct in conjunction with a Commission of Nobel Laureates. For additional information on this effort, see the Arias Foundation web page at http://www.arias.or.cr/Eindice.htm.

¹⁰⁹ Recommendation from Saferworld/Kristna Fredsrorelsen International Conference on European Arms Export Control, Stockholm, 13-14 November 1997.

¹¹⁰ Quoted in Jim Wurst, "UN Lobbies for Coordination on Small Arms," BASIC Reports No. 65, 14 August 1998.

¹¹¹ The seminar was organized by Saferworld and the South Africa-based Institute for Security Studies.

¹¹² Saferworld and the Institute for Security Studies, "Southern African Regional Action Programme on Light Arms and Illicit Arms Trafficking," Seminar proceedings (London and Halfway House: Saferworld and the Institute for Security Studies) May 1998.

Conclusion

¹¹³ Tom McDonald correspondence with Dr. Eduardo Trench, firearms legislation expert, Argentina, 12 February 1999.

Executive Summary | Chapter 1 | Chapter 2 | Chapter 3
Chapter 4 | Conclusion | Endnotes

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