VOL 4 NO 1 F CUS2005 ON ARMS IN

Curbing small arms proliferation: 1 Progress in Africa Noel Stott

Zambia gives legal edge to the UN 4 Protocol Khulani Qoma

Building capacity to implement 6 small arms controls Ben Coetzee

ECOWAS small arms convention: 8 A response to implementation of the UNPoA Mohamed Lamine Coulibaly

West Africa: Heralding the ECOWAS 9 Convention? Nelson Alusala

South Africa seeks to join the 11 Wassenaar Arrangement Khulani Qoma

Southern African initiatives in 12 the implementation of the UNPoA Robert Mtonga

Oslo donors’ conference pledges 15 $4.5 billion for Sudan Khulani Qoma

Updates 16 Contents

Focus on Arms in Africa Vol 4 No 1, 2005

Curbing small arms proliferation: Progress in Africa Noel Stott ...... 1

Zambia gives legal edge to the UN Firearms Protocol Khulani Qoma ...... 4

Building capacity to implement small arms controls Ben Coetzee ...... 6

ECOWAS small arms convention: A response to implementation of the UNPoA Mohamed Lamine Coulibaly ...... 8

West Africa: Heralding the ECOWAS Convention? Nelson Alusala ...... 9

South Africa seeks to join the Wassenaar Arrangement Khulani Qoma ...... 11

Southern African initiatives in the implementation of the UNPoA Robert Mtonga ...... 12

Oslo donors’ conference pledges $4.5 billion for Sudan Khulani Qoma ...... 15

Updates ...... 16

This newsletter is a joint initiative of ISS and the AU.

AFRICAN UNION Noel Stott Curbing Small Arms Proliferation: Progress in Africa

In July 2001, member states of the (UN) participating in a conference on the illicit trade in small

arms and light adopted the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade

in Small Arms and Light Weapons in All Its Aspects (UNPoA). States also agreed to periodically convene to report

on the progress they have made in implementing their decisions. In July 2003, the First Biennial Meeting of

States (BMS) met and from 11-15 July 2005, the Second BMS to consider the implementation of the UNPoA will

take place in New York.

he aim of this article is to Protocol on the Control of (a) Strengthening or developing review the progress African Firearms, Ammunition and Other agreed norms and measures at Tstates have made in Related Materials (2001) and the the global, regional and national implementing the UNPoA. Many Protocol for the levels that would reinforce and issues considered especially Prevention, Control and Reduction further coordinate efforts to important to countries in Africa of Small Arms and Light Weapons in prevent, combat and eradicate were included in the UNPoA, which the Great Lakes Region and the the illicit trade in small arms and “now stands as the central global Horn of Africa (2004), as well as the light weapons in all its aspects; agreement on preventing and important role of the African Union (b) Developing and implementing reducing trafficking and at the continental level. agreed international measures proliferation of small arms and to prevent, combat and light weapons (SALW)”.1 However Curbing the proliferation of small eradicate illicit manufacturing the other arms in Africa is of and trafficking in small arms international and ...The UNPoA central to the and light weapons; regional initiatives contains a number peace and security that exist that also agenda of the (c) Placing particular emphasis on focus on controlling New Economic of measures to be the regions of the world where small arms Partnership for implemented at the conflicts come to an end and sometimes makes it Africa’s where serious problems with difficult to Development national, regional the excessive and destabilising determine if a state (NEPAD), which accumulation of small arms and is acting specifically and global levels... recognises that light weapons have to be dealt in terms of the UNPoA, or as part combating small arms proliferation with urgently; of a broader process of bringing its is one of the important conditions practices in line with international needed to place African countries, (d) Mobilising the political will and regional norms and legal both individually and collectively, throughout the international requirements. on a path of sustainable growth community to prevent and and development. combat illicit transfers and Within Africa, sub-regional political manufacturing of small arms and legally binding frameworks for The UN Programme of Action and light weapons in all their action on small arms include a The UNPoA contains a number of aspects, to cooperate towards variety of initiatives such as the measures to be implemented at these ends and to raise 1998 Declaration of a Moratorium the national, regional and global awareness of the character and on Importation, Exportation and levels in order to prevent, combat seriousness of the interrelated Manufacture of Light Weapons in and eradicate the illicit trade in problems associated with the West Africa, the Southern African small arms and light weapons in all illicit manufacturing of and Development Community (SADC) its aspects by: trafficking in these weapons; 1 Noel Stott

(e) Promoting responsible action Second Biennial Meeting of States their implementation of the by States with a view to The second BMS will take place in UNPoA to the United Nations preventing the illicit export, July 2005 to exchange information Secretary-General through the import, transit and retransfer of on initiatives undertaken by states, Department for Disarmament small arms and light weapons. regional and international Affairs (UNDDA). Many of these organisations and civil society. It were presented during the first The 2001 Conference not only will also highlight the successes BMS. The reports vary widely in succeeded in placing the issue of achieved, identify problems terms of length, level of detail and small arms firmly on the encountered and propose themes addressed, not surprising international agenda, but also solutions to these challenges. in the early stages of outlined a follow-up process, implementation of new including a review conference, to Country Reports to the United commitments.3 be held no later than 2006, and Nations biennial meetings of States to Under the UNPoA, all countries are In all, states have had four consider the national, regional and encouraged to report annually to opportunities to present annual global implementation of the the UN on national implementation reports to the UN. The table below UNPoA. of the UNPoA. In 2003, 103 out of shows reporting for states in Africa the 191 UN member states from 2002 – 2005. In total, 28 states First Biennial Meeting of States submitted national reports on have reported at least once. Following UN General Assembly Resolution 56/24V, adopted in National Reports Submitted to the United Nations November 2001, and resolution by African countries (As of 10 April 2005) 57/72, adopted in November 2002, in Country 2002 2003 2004 2005 which the General Assembly Algeria X emphasised the importance of early Benin X and full implementation of the Botswana X UNPoA, the first biennial meeting of states (BMS) was held in July 2003. Burkina Faso X X X Burundi X X The BMS was generally viewed as a Cameroon X success both in symbolic and Central African Republic X practical terms. The fact that the Chad X meeting was well attended by both Congo X governmental and non- Côte d’Ivoire X governmental representatives Djibouti X indicated how important the issue DRC X of small arms had become for the Egypt X international community. The Equatorial X meeting also played an important Ethiopia X role in building consensus and Gabon X momentum and in identifying in Gambia X concrete terms what has already X been achieved, and what still needs Mali X X to be done to fully implement the Morocco X UNPoA. A common refrain from Niger X X many developing countries, Rwanda X including countries in the African São Tome and Principe X Group, was the need for Senegal X international co-operation and South Africa X assistance, both financial and Sudan X technical, to help countries to Togo X X implement the Programme of X Action.2 2 Under the UNPoA, states are also trafficking are also being closely the ECOWAS Secretariat in Abuja, advised to establish National Points examined. Nigeria. In March 2005, of Contact in order to facilitate representatives from National The Southern African Development better communication and to Commissions on Small Arms and Community, ECOWAS, and the provide contact details to the UN, civil society met to discuss an Nairobi Secretariat have all taken which are made public on the UN ECOWAS draft convention on small significant steps, often encouraging website. So far, 25 African countries arms and light weapons. and facilitating their members to have done this. generate a national policy on Regional police co-ordinating Countries with National firearms to provide the basis to bodies such as the Southern African Points of Contact identify priority areas for action, for Police Chiefs Co-operation Algeria Kenya example reviews of national Organisation (SARPCCO) and the Benin Mali legislation. Eastern Africa Police Chiefs Co- Botswana Mauritius operation Organisation (EAPCCO) Burkina Faso Morocco For example, in Eastern Africa, the have also undertaken activities in Burundi Niger Chad main framework for action is the Rwanda line with the implementation of the Congo “Nairobi Declaration on the Problem São Tome and Principe UNPoA, as well as relevant regional Côte d’Ivoire of the Proliferation of Illicit Small DRC Senegal agreements. For example, in Arms and Light Weapons” that was Egypt South Africa Southern Africa, a regional standard Sudan agreed upon by foreign ministers Gabon for marking and tracing firearms Gambia Uganda from 10 countries in the from the has been adopted and the need to Guinea Zambia Great Lakes Region and the Horn of better regulate arms brokering has Africa in March 2000. Senior been placed firmly on the sub- government officials then agreed on Sub-regional initiatives in Africa regional agenda in order to stem a more detailed “Co-ordinated African governments recognise that illicit arms flows to countries under Agenda for Action” and their ability to stem small arms UN arms embargoes or in conflict. “Implementation Plan”. proliferation is dependent on Collection and ceremonial regional co-operation and co- In April 2004, ministers signed a new destruction of small arms ordination. This has resulted in the Declaration and a legally binding A number of African countries have development of policies and protocol committing their countries initiated the collection and political or legal frameworks in to a broad range of measures to ceremonial destruction of small various sub-regional groupings. counter what the UN Secretary- arms, including Niger, Mali, Kenya, Areas covered by such agreements General has termed a global Mozambique, Senegal and South include: strengthening and scourge. The Nairobi Protocol for Africa. Others have initiated harmonising legislation; the Prevention, Control and amnesties periods that allow strengthening the operational Reduction of Small Arms and Light members of the community to capacity of law enforcement Weapons in the Great Lakes Region hand in their weapons, both legal agencies; increasing cross-border and the Horn of Africa, elaborates and illegal, without fear of co-operation between them; on the original Nairobi Declaration prosecution or initiated DDR weapons collection and destruction; and makes the region only the programmes that recover (and disarmament, demobilisation and second in Africa (after SADC) to usually destroy) weapons from reintegration; improving police- move towards a legally-binding former combatants. community relations; and public instrument. education and awareness-raising. In April 2005, the Rwandan It has been announced that the government for the first time In addition, regulations to control ECOWAS Moratorium on the destroyed 6,000 small arms and light the manufacture, import, and Importation, Exportation and weapons. They ranged from 5.2 mm export of small arms, light weapons, Manufacturing of Small Arms will be to 82 mm in calibre and related ammunition and other related transformed into a convention and a ammunition and were recovered materials and improving the successor to the Programme for from former combatants and armed operational capacity of police Coordination and Assistance for robbers. Others were part of forces, customs officials and border Security and Development in Africa guards in order to combat illicit (PCASED) has been established at Continued on page 4 ➠ 3 Noel Stott

obsolete stock from the country’s awareness among civil society and pre-1994 genocide administration.4 inform participants of the nature of Zambia gives national, regional and international Ceremonial Arms Destruction commitments. in Niger: 2000-2003 he United Nations Office on The above description of actions Drug and Crime (UNODC) Year Number of taken by states reflects a Tannounced the imminent Firearms Destroyed commitment by Africa to encourage entry into force of the United 2000 1,234 concrete measures and practical Nations Protocol against the Illicit 2001 200 steps to curb the proliferation of Manufacturing of and Trafficking 2002 100 small arms and light weapons on in Firearms, Their Parts and 2003 103 the continent and to share Components and Ammunition (UN Total 1,637 information amongst each other, Firearms Protocol), after Zambia became the fortieth country to Legislation especially at the sub-regional level. ratify it in April 2005. The Protocol, Most, if not all African countries The question however remains which supplements the United have legislative provisions that whether African countries can, as Nations Convention against govern the manufacture, they did in the 2001 UN Conference Transnational Organised Crime, possession, use and trade in SALW on the Illicit Trade in Small Arms and provides an important opportunity to some degree. However, the Light Weapons, again play a for countries to control one of the effectiveness of these laws varies significant role in moving the biggest killers of our times, small across the continent and there are international community forward in arms. Zambia, through Kalombo considerable variations in the its quest for a safer and more Thomson Mwansa, Minister of nature and scope of the legal secure world. Home Affairs for Zambia, frameworks and procedures. Many deposited the instrument of countries are thus reviewing Africa’s active participation in the ratification during the 11th United national legislation to make it Second BMS, highlighting the Nations Congress on Crime relevant and compliant with significant progress that has been Prevention and Criminal Justice in regional and international achieved at the national and Bangkok, 18-25 April.1 standards and norms. regional levels provides a unique National Focal Points opportunity for Africa to do this. At the national level, a number of The period leading up to the 2006 African states have established Review Conference will also be an National Focal Points (NFPs) to important time for the countries of help co-ordinate the work of Africa to identify, based on practical different government agencies experience and accumulated who cover small arms related knowledge since 2001, the areas issues. Some of these NFPs are in where greater international action the process of developing national is required and develop a position action plans. A number of that can be taken to the UN in 2006. countries on the continent have hosted national conferences and Endnotes 1 Implementing the UN Programme of participants usually include Action 2003 (London: International Action Network on Small Arms, 2003). government departments, 2 Peter Batchelor, The First Biennial Meeting parliamentarians, traditional of States on Small Arms: Building Momentum for Global Action, leaders, civil society organisations Disarmament Diplomacy, Issue No. 72, such as trade unions and non- August - September 2003. 3 Elli Kytömäki and Valerie Yankey-Wayne, governmental associations and Implementing the United Nations Programme of Action on Small Arms and locally based international Light Weapons: Analysis of Reports organisations. Submitted by States in 2003: Executive Summary, Geneva: United Nations Institute for Disarmament Research, 2005. Besides drawing up action plans, 4 Office for the Coordination of Humanitarian Affairs, Integrated Regional many aim to raise public Information Network (IRIN), 14 April 2005. 4 Khulani Qoma legal edge to the UN Firearms Protocol

With Zambia’s ratification the Ratification of the UN Firearms Protocol by African countries minimum number of State parties Country Signature Ratification Accession was achieved. The binding nature of Algeria 25 Aug 2004 the Protocol would, therefore, be in Benin 17 May 2002 30 Aug 2004 force 90 days after Zambia’s Burkina Faso 17 Oct 2001 15 May 2002 ratification. Cape Verde 15 Jul 2004 Kenya 5 Jan 2005 The UN Firearms Protocol, the Lesotho 24 Sept 2003 world’s first global treaty on 22 Sept 2004 firearms was adopted in 2001. The Libyan Arab Jamahiriya 13 Nov 2001 objective of this Protocol is to Madagascar 13 Nov 2001 promote, facilitate and strengthen Mali 11 July 2001 3 May 2002 co-operation among State parties in Mauritius 24 Sept 2003 order to prevent, combat and Nigeria 13 Nov 2001 eradicate the illicit manufacturing of Senegal 17 Nov 2002 and trafficking in firearms, their Seychelles 22 July 2002 parts and components and 27 Nov 2001 ammunition.2 South Africa 14 Oct 2002 20 Feb 2004 Tunisia 10 July 2002 It provides for a comprehensive Uganda 9 March 2005 system to control the movement of Zambia 25 April 2005 firearms, their parts and components and ammunition. Since one another before permitting • Illicit manufacturing of firearms, the specific focus is on transnational shipments of firearms to leave, their parts and components and transactions, the Protocol especially arrive or transit across their territory ammunition; provides for procedures for the and enables law enforcement to • Illicit trafficking in firearms, their import, export and transit of track the legal movement of parts and components and firearms. shipments to prevent theft and ammunition; diversion. These standards are • Falsifying or illicitly obliterating, Announcing the coming into effect intended to help ensure a level of removing or altering the of the Protocol, Antonio Maria transparency to assist states parties marking(s) on firearms required Costa, Executive Director of the to better target illicit transactions. by article 8 of the Protocol. UNODC, said,“Small arms traffickers Measures are also included to have littered the world with the The Protocol encourages State control manufacturing. victims of their trade. Small arms parties to adopt, in their domestic are a multi-billion dollar business. The Protocol commits countries to legal systems, measures necessary More than 500,000 people are killed regulate the manufacture, export, to enable confiscation of firearms, every year by small arms, one every import and transit of firearms. It also their parts and components and minute. From the Balkans to requires firearms to be marked and ammunition that have been illicitly Western Africa, from the Andeans to records to be kept for 10 years, and manufactured or trafficked. The Afghanistan, insurgents are armed encourages (but does not require) measures to control the legal by traffickers focused on profit the regulation of arms brokers. movement of firearms are rather than political causes. , While it does not regulate state-to- enforced through the submachine guns, grenades and state transfers, States parties criminalisation provision in the portable anti-aircraft missile systems are encouraged to adopt legislative Protocol, which requires states are banned by this Convention.”3 and other measures necessary to parties to establish criminal establish as criminal offences the offences for illicit manufacturing, It is a reciprocal system requiring following conduct, when committed illicit trafficking and the illicit states to provide authorisations to intentionally:4 Continued on page 6 ➠ 5 Ben Coetzee

alteration or obliteration of markings. Building Capacity to Implement

Recognising that criminal offences cannot be detected or prosecuted The Southern African Regional Police Chiefs Co-operation Organisation effectively without the appropriate (SARPCCO) was established in 1995. It is a forum comprising all the police evidence, the Protocol contains chiefs from the Southern African region. The SARPCCO forum established a articles requiring comprehensive record-keeping on the transnational permanent secretariat to deal with the administrative and technical movement of firearms, as well as aspects of SARPCCO operations, based at the sub-regional bureau of ICPO- the provision for exchange of Interpol, in Harare, Zimbabwe. information between countries involved in such transactions.

In particular, the articles dealing he SARPCCO secretariat is firearms; with mutual legal assistance and also responsible for training • Weapons collection initiatives, extradition for commission of Tand capacity building and; offences covered by the Protocol throughout the Southern African • Eradication of the culture of will be essential tools for law Development Community (SADC) violence in the region. enforcement. The Protocol sets the region on law enforcement issues. minimum standard that must be The challenge At its conception, the SARPCCO dealt with in domestic law. States Capacity building is one of the secretariat established a Legal Sub- can legislate with respect to a current buzzwords internationally. committee to investigate the legal broader range of weapons and One of the challenges however, is aspects concerning the differences impose increased or stricter to define capacity building within in legislation among the different measures in domestic law, if they the framework of the goals set by legal systems in the region, as well wish, but they may not be able to SARPCCO. as a training sub-committee, which get foreign cooperation with is responsible for the training of The SARPCCO secretariat has respect to the provisions that go police officials at a regional level. defined some of the areas where beyond the standards set in the the need for training and capacity Protocol. This SARPCCO Legal Sub-committee building is the greatest regarding has been investigating the Mr Costa commended the small arms and light weapons harmonisation of legislation in the government of Zambia for its (SALW). These include: region. One of the first tasks resolve, and added, “Along with the mandated to the Legal Sub- • Good practice principles for other 39 States who have ratified committee was the development storing SALW; this protocol, Zambia is sending a of the SADC Firearms Protocol. The • Stockpile management; powerful message to criminal gangs National Police Commissioners • Recordkeeping, and; and gunrunners around the world endorsed the Protocol during a • Border control relating to SALW. — ‘Your time is up’”.5 meeting in February 2000, in SARPCCO member countries Endnotes Botswana and it was signed by 1 Proliferation of Small Arms Banned, UN regional heads of state in August generally face the same trials Information Service, www.unis.unvienna.org-19/05/05 2001. when attempting to accomplish 2 The UN Protocol against the Illicit regional co-operation. Each police Manufacturing of and Trafficking in Firearms, Their Parts and Components SADC Firearms Protocol force has a limited number of and Ammunition, supplementing the UN Convention against Transnational The Protocol incorporates personnel as well as a limited Organised Crime budget for normal police 3 Proliferation of Small Arms Banned, UN provisions related to the training Information Service, of police and customs officials in operations. In many countries www.unis.unvienna,org-19/05/05 4 The UN Protocol against the Illicit the following areas, among others: there is no spare funding to use Manufacturing of and Trafficking in for regional efforts. Firearms, Their Parts and Components and Ammunition, supplementing the UN • Firearm control; Convention against Transnational • Marking and tracing of firearms; Analysing the challenge presented Organised Crime 5 Ibid. • Destruction of stockpiled by training in the region leads to 6 Small Arms Controls

...Regional co-operation is becoming a priority as SARPCCO member states realise that a united front is the only way to defeat crime...

the conclusion that regional familiarity with each other’s standardisation is of utmost operational procedures. importance. Police agencies have Current successes developed their own training During several workshops and methodologies and each addresses training sessions facilitated by the their unique problems in their own SARPCCO Secretariat and the countries. However training that is Institute for Security Studies (ISS), conducted regionally and draws on it became clear that the the experiences of all the cooperation among individuals countries in the region is especially from different police forces was valuable. Equal partnership growing as they came to know opportunities are extremely each other. They agreed that the important for the development of working relationship was enhanced trusting relationships and respect by the principle of bringing throughout the region. together the same group for different courses. Assessing the resources available

for training purposes, it is easy to Members that participated in the conclude that most training training courses felt that they were workshops should take place in not only acquiring crucial SALW South Africa as training aids as well knowledge but that they were part as experienced personnel, i.e. the of the process of building regional South African Police Service (SAPS) co-operation and actively shaping are easily available. It is important the future of the region. however that each country gets the opportunity to host some of Future challenges the training sessions as the other As the world becomes more SARPCCO member countries have technologically advanced, Africa their own unique expertise to will have to face the fact that cross incorporate in regional training. border policing is an absolute Regional co-operation is becoming necessity. International borders do a priority as SARPCCO member not restrict criminals. Law states realise that a united front is enforcement agencies will have to the only way to defeat crime. Cross work together more closely to border operations are taking place combat crime, as each crime, not throughout Southern Africa and it only related crimes, is imperative that members from committed in the region is of different policing agencies train concern to the other members of together to engender trust and SADC. 7 Mohamed Lamine Coulibaly

ECOWAS convention: A response to the implementation of the UNPoA

Representatives from governments and civil society in West Africa came together in Bamako, Mali, on 16 - 18 March

2005. Organised by Oxfam, with the backing of the government of Mali, the main objective of the workshop was

to bring together different actors in the process of transforming the ECOWAS Moratorium on Importation,

Exportation and Manufacture of Light Weapons in West Africa, first adopted in 1998, into a legal instrument. Part of

the workshop was to come up with a draft ECOWAS Protocol to combat the proliferation of small arms and light

weapons, their munitions and other related material.

his meeting followed up of SALW in the region has had as an efficient means of fighting decisions taken by the Heads devastating consequences. The against the proliferation of small Tof State and Government in region is bedevilled by illegal arms arms and light weapons. December 2002 in Dakar, Senegal trafficking, which contributes to the that the ECOWAS Moratorium should growth of cross border criminality Chapter 4 underlines the necessity be strengthened so that it becomes and destabilises the states of the of translating the sub-regional more effective in controlling arms in community. These phenomena undertaking into adequate and the region. compromise efforts towards effective legislative and regulatory development, peace and framework. Oxfam supported a study to be used reconciliation and gravely undermine in the process of developing a international humanitarian law. Chapter 5 defines the activities that regional must be carried out to guarantee convention on The draft “ECOWAS the implementation of the protocol small arms in ...The region is protocol on the pilot study. West Africa. The bedevilled by illegal fight against the Chapter 6, regarding the draft convention proliferation of arms trafficking, which institutional arrangements, includes the small arms and light contributes to the underlines the respective roles of principles of weapons, their the national commissions and the growth of cross border munitions and ECOWAS Executive Secretariat. outlined in the criminality and other related

proposed arms destabilises the states material” is Chapter 7 establishes a mechanism trade treaty. The of the community... structured with a for evaluation and monitoring draft protocol preamble and eight through a group of independent developed is a civil society chapters that have been broken experts. contribution to the ECOWAS process down into 31 articles: to elaborate and submit to member Finally, Chapter 8 sets out the final states a regional convention before Chapter 1 concentrates on measures. December 2005. definitions, objectives and basic principles. It aims to offer a At the end of intense and fruitful The ECOWAS member states framework for the draft protocol. group discussions, the workshop recognise the progress made in the adopted the draft protocol, subject implementation of the Moratorium, Chapter 2 sets out the legal regime to substantial amendments and a the Code of Conduct and the accompanied by the criteria and rewriting that is more in keeping PCASED Action Plan. However more procedures for exemption. with the legal practice of ECOWAS, can still be achieved with the which codifies the spirit and Moratorium becoming legally Chapter 3 focuses on the measures practice of the Moratorium and its binding. The continued proliferation and ways of promoting transparency Code of Conduct. 8 Nelson Alusala

West Africa: Heralding the ECOWAS Convention?

For West Africa, 2005 is a year full of expectations, not the least because it marks the possibility of transforming the ECOWAS Moratorium into a legally binding instrument. A review or a total transformation of the Moratorium that will make it more compatible with the UNPoA requirements is therefore unavoidable. This was further reiterated in March 2004 Moreover it was recommended protocol once it has been during a conference held in that: officially adopted by the ECOWAS Abuja by the ECOWAS Heads of State and Government; Secretariat. The conference States reassessed the effectiveness of • Collaborate closely with the • Proceed to the adoption of the the Moratorium in light of the national commissions in the protocol pilot study by the end current global demand and conception, development and of December 2005. challenges in trade in small implementation of the national arms and light weapons. The • Compile a register of the local action plans for the fight against conference recommended a arms manufacturers and the proliferation of small arms total transformation of the encourage them to mark the and light weapons. Moratorium into a convention. weapons they produce. In addition, the workshop • Submit national reports to the The European Union (EU) and acknowledged the work of the United Nations on the the ECOWAS have agreed on the ECOWAS Executive Secretariat in implementation of the United various structures for the setting up of the structures Nations Programme of Action to transforming the moratorium and programmes allowing for a Prevent, Combat and Eradicate into a legally binding regional better monitoring of the sub- the Illicit Trade in Small Arms and convention by December 2005, regional policy on the fight against Light Weapons in All Its Aspects. with a view to an operational the proliferation of small arms and West African contribution to the light weapons, notably the Small Civil society organisations 2006 review conference on the Arms Unit and the ECOWAS • Carry out awareness and United Nations Programme of Programme on small arms advocacy campaigns towards Action. The timetable and (ECOSAP). West African governments to implementation of the project is set out in the Official Journal of first adopt the protocol project It appealed to the international the European Union No. L 359/65 and then to apply it; community for financial and of December 2004.1 technical support in the • Carry out this advocacy based on implementation of national and the strategy defined and Before then the process to be sub-regional initiatives for adopted during the workshop; undertaken will entail: controlling light weapons in the Continued on page 10 ➠ • Participate in the diffusion of the ECOWAS region. 9 Nelson Alusala

• An evaluation of a legislative and approaches with regard to the the ECOWAS heads of state regulatory system for small arms problem of small arms and light during an ordinary ECOWAS and light weapons in all the weapons. The experts will also summit in December 2005. It ECOWAS member countries. This analyse efforts and experiences will then be opened for is to take place between January made in other regions within the adoption. and June 2005. To achieve this continent, such as the Southern goal, the experts responsible2 African Development Structurally the ECOWAS will make a one-week visit to Community (SADC) Firearms Moratorium, in its current form, each ECOWAS country in order to Protocol of 2001 and the Nairobi has outlived its viability and thus identify specific national Secretariat on Small Arms and the impetus should be placed on Light Weapons. the current projected transformation into a • Between July-September 2005, convention. The contents of the the process will aim to draw up convention that will be adopted the draft regional convention should endeavour to adhere under a newly initiated Small coherently to the objectives of Arms Unit, which will promote the UNPoA on the Illicit Trade in the draft convention to ECOWAS Small Arms and Light Weapons in States by the ECOWAS Executive All Its Aspects. It is hoped Secretariat. therefore that the conversion of the ECOWAS Moratorium into a • During the months of October legally binding regional and November 2005, the ECOWAS convention in December 2005 member states will organise a will be successful. This regional seminar involving state transformation will open representatives and national another new phase in the fight experts from the ECOWAS states against the illicit proliferation of in order to deliberate the arms within Africa. finalisation of a draft regional Endnotes convention by the Small Arms 1 See annex of the Official Journal of the Unit. European Union No. L 359/65 (Acts adopted under Title V of the Treaty on European Union) of 4 December 2004. 2 The experts will include an African • During December 2005, the expert from amongst the PCASED presentation of the final draft of personnel responsible for evaluation, and who has expertise in small arms the convention will be made to and light weapons in ECOWAS.

...It is hoped therefore that the conversion of the ECOWAS Moratorium into a legally binding regional convention in December 2005 will be successful...

10 Khulani Qoma

South Africa seeks to join the Wassenaar Arrangement

Sustaining earlier efforts to promote transparency and stronger export controls on conventional arms transfers,

the South African cabinet approved South Africa’s accession to the Wassenaar Arrangement (WA) on Export

Controls for Conventional Arms and Dual-Use Goods and Technologies, in December 2004.1

he Wassenaar Arrangement It complements and reinforces, transfers or denials of transfers of results from an agreement without duplication, the existing certain controlled dual-use items. Treached in 1995 to start a new regimes for non-proliferation of type of multilateral co-operation to weapons of mass destruction and The Arrangement is open on a global counter threats to regional or their delivery systems, by focusing and non-discriminatory basis to international security and stability on the threats to international and prospective adherents that comply caused by excessive accumulations regional peace and security which with the agreed criteria. To be of arms and sensitive technologies.2 may arise from transfers of admitted, a state must:5 armaments and sensitive dual-use • Be a producer/exporter of arms or In its Initial Elements, the founding goods and technologies where the industrial equipment respectively; charter of the organisation is risks are judged greatest. designed to promote transparency, • Maintain non-proliferation policies exchange of views and information, After the events of 11 September and appropriate national policies, and greater responsibility in 2001, the Participating States including adherence to relevant transfers of conventional arms and amended the Initial Elements to non-proliferation regimes and dual-use goods and technologies, affirm the importance of export treaties; and thus preventing destabilising controls also for preventing the • Maintain fully effective export accumulations. The Wassenaar acquisition of conventional arms and controls. Arrangement focuses on the threats dual-use goods and technologies by to international and regional peace terrorist groups and organisations.4 Although the Arrangement does not and security, which may arise from have an observer category, a diverse transfers of armaments and The Arrangement countries maintain outreach policy is envisaged in order sensitive dual-use goods and effective export controls for the to inform non-member countries technologies where the risks are items on the agreed lists, which are about the Arrangement’s objectives judged greatest. reviewed periodically to take into and activities and to encourage non- account technological developments members to adopt national policies It received final approval by 33 co- and experience gained. Through consistent with the objectives of founding countries in July 1996 and transparency and exchange of views greater transparency and began operations in September and information, suppliers of arms responsibility in transfers of 1996. The Participating States of the and dual-use items can develop conventional arms and dual-use Wassenaar Arrangement are common understandings of the risks goods and technologies, maintain Argentina, Australia, Austria, associated with their transfer and fully effective export controls and Belgium, Bulgaria, , assess the scope for co-ordinating adhere to relevant non-proliferation Czech Republic, Denmark, Finland, national control policies to combat treaties and regimes. France, Germany, Greece, Hungary, these risks. Ireland, Italy, Japan, Luxembourg, Endnotes Netherlands, New Zealand, Norway, The Arrangement’s specific 1 Statement by South African Cabinet, 1 December 2004. Poland, Portugal, Republic of Korea, information exchange requirements 2 Statement by Ambassador Dorothea Romania, Russian Federation, involve semi-annual notifications of Auer, Chair of the Plenary of the Wassenaar Arrangement at a Roundtable organised by , Slovenia, Spain, Sweden, arms transfers, currently covering South African Institute Of International Affairs (SAIIA) on 24 February 2005. Switzerland, Turkey, Ukraine, the seven categories derived from the 3 Wassenaar Arrangement site United Kingdom and the UN Register of Conventional Arms. www.wassenaar.org, 27 April 2005. 4 Ibid. United States.3 Members are also required to report 5 Ibid. 11 Dr Robert Mtonga

Southern African initiatives in the implementation of the UNPoA

The United Nations Programme of Action (UNPoA) to Prevent, Combat and Eradicate the Illicit Trade in Small Arms

and Light Weapons in All Its Aspects, a politically binding document, was arrived at through a process of consensus

building by all participating States during the United Nations Conference on the Illicit Trade in Small Arms and Light

Weapons in All Its Aspects in July 2001.1

he UNPoA is comprehensive the UNPoA; small arms projects for the police and broad in scope, covering • Encouragement of moratoria on to implement.1 SARPCCO is creating Tsuch small arms and light SALW; a forum for information exchange weapons (SALW) trade-related • Information-sharing by customs, on tracing and are establishing an aspects as manufacturing, transfer police, intelligence and other electronic database on weapons and circulation and excessive relevant bodies; identification. accumulation, humanitarian and • Elaboration of regulations and socio-economic consequences, administrative procedures; In moving the UNPoA agenda the threats posed to peace, • Stockpile management; forward, SADC states held a Small reconciliation, safety, security, • National disarmament in post Arms Committee meeting in stability and sustainable conflict situations; February 2002 on the development.2 • Voluntary transparency implementation of the SADC measures; Protocol. In March 2002, a joint Since the misuse of small arms • Marking and tracing of SALW; and European Union-SADC seminar on affects the supply side as well as • Brokering of SALW. small arms was held in preparation the demand end of SALW, for EU Commission /EU Council simultaneous efforts by states and Regional programmes on the working group meeting in Brussels civil society as equal partners are UNPOA in Southern Africa in November 2002 where an well reflected in various The Southern African Development instruments on SALW such as Community member states have protocols, declarations and periodically held meetings where programmes of action, among SALW issues have been discussed ...The SADC states have others. Chief among these under the rubric of the SADC also been working on a instruments is the UNPoA. Organ on Politics, Defence and Security. common understanding Regional measures prescribed by holding national and under the UNPoA The SADC member states have also The UNPoA recommends measures engaged with civil society in the international workshops that include the following at the spirit of cooperation implied in the regional level: UNPoA. with a view to exchanging information • Establishment of regional point The Southern African Regional of contact to act as liaison on Police Chiefs Co-operation and experiences. matters relating to the Organisation (SARPCCO) has been implementation of the UNPoA; meeting regularly and has made Co-operation between • The conclusion of relevant good progress in the developing states is also legally binding instruments to of an implementation plan for the facilitate the implementation of SADC Protocol outlining regional another success... 12 and construction materials in return; • A Saferworld and SaferAfrica study on existing firearms legislation in the SADC region; • A project by IANSA and the ISS to bring together small arms researchers from across Africa opportunity to discuss the SADC together under Operation Rachel with the aim of developing a Protocol on Firearms was tabled. to help collect and destroy surplus network of researchers who can Key topics included the and illicit firearms. The South Africa coordinate their work and share development of a database on Police Service has also assisted in available resources. firearms, enhancing operational training police officers from other capacity in joint operations: and SADC countries on firearms-control Challenges in the implementation the collection, disposal, safe- related issues. of the UNPoA storage and destruction of state- Given the nature of the SALW owned and confiscated or SADC civil society initiatives in the debate and its multifaceted unlicensed firearms. implementation of UNPOA implications for national security Civil society has also played a and defence, criminal justice and Through collaborative efforts with significant role in the process. humanitarian concerns, there has civil society organisations, a Illustrative examples include: been progress in the number of National Focal Points implementation of the UNPoA at (NFPs) have been formed for • Angola 2000 and SaferAfrica the SADC level. However more instance in Tanzania, Malawi, embarked on public awareness remains to be done. Some of the Namibia and Botswana. campaigns whose impact was challenges at the regional level publicly noted by the Angolan include: The SADC states have also been government; • Language working on a common • Gun Free South Africa’s campaign The issue of language in terms of understanding by holding national to establish gun-free zones in definitions and scope of and international workshops with a schools; activities is not uniform across view to exchanging information • A Community Safety and participating countries on and experiences.2 Co-operation Firearms Pilot Project in domestic legislation. The issue of between states is also another Malawi; transparency, for instance, has success in the implementation of • The Christian Council of tended to be restricted to the UNPoA at regional level. Mozambique’s “Tools into confiscated illicit firearms or Ploughshares” project, which those recovered in crime. Mozambique and South Africa, for collects and destroys guns and instance, have been working provides communities with tools Continued on page 14 ➠ 13 • Time lines There are no clear time-lines for Arab regional disarmament symposium implementing the measures Eighty-eight participants from 18 Arab States, several African and European prescribed. This has meant that countries, the United States, the United Kingdom, the Russian Federation the momentum cannot be and Japan, representatives of regional organisations and of civil society maintained, should political will gathered for an intensive two-day regional symposium on the lag. Follow-up meetings have implementation by Arab States of the United Nations Programme of Action tended to be ad hoc rather than to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light planned. Governments, working Weapons (SALW) in All Its Aspects from 11 to 13 April in Algiers. The with non-governmental Symposium was organised by the United Nations Department for organisations in the region Disarmament Affairs and hosted by the Government of Algeria. should view themselves as important drivers in the The Arab Region has been heavily affected by flows and accumulations of process of combating small small arms as a result of past and present conflicts. The region is actively arms proliferation in the committed to implementing the Programme of Action adopted by the region. 2001 United Nations Conference. Member States of the League of Arab States are taking national measures, adopting relevant laws and • Monitoring and evaluation regulations, and contributing to regional discussions at the political and mechanism technical or expert level. The area of monitoring, evaluation and verification of In welcoming the participants, the Minister for Foreign Affairs of Algeria, the implementation of the Abdelaziz Belkhadem, strongly emphasised that the fight against illicit UNPoA remains small arms was the responsibility of all states. He acknowledged that the underdeveloped. Another dismantling of organised crime networks and international terrorism could challenge is to define the not be achieved without regional and international cooperation. United nature and type of acceptable Nations Under-Secretary-General for Disarmament Affairs, Nobuyasu Abe, progress. stressed that awareness of the problem of illicit small arms and light weapons had grown since the adoption of the Programme of Action and • International assistance and that Member States had started taking action. However, the Programme of cooperation. The SADC region Action should be considered as a starting point and not an end result of has largely been dormant in the the international combat against the scourge of illicit small arms. area of attracting international Discussions reaffirmed the multidimensional nature of the illicit trade in assistance for regional small arms and light weapons and the adverse impact of the trade on assistance in small arms regional security. Participants agreed that no state could fight the problem controls. alone, regardless of its capacity or the number of national measures in place. Participants also recognised the role of civil society in the The implementation of the UNPoA implementation of the Programme of Action. at the SADC regional level has

been going on at a measured The dimensions of regional as well as trans-border cooperation were raised pace. Successes have been and the positive value of partnership and synergies was highlighted as a scored in some areas and the fact way to increase the effectiveness of State action in this field. The Chair of that this has been done has the Open-Ended Working Group on Marking and Tracing Illicit Small Arms ensured that the issue of SALW reviewed progress in the negotiations and called upon States to support remains firmly on the regional his efforts for agreement of an effective instrument. It was also noted that agenda. a consensus was developing with regards to several issues related to illicit brokering, with a view to establishing a Group of Governmental Experts in Endnotes 1 United Nations Documents: 2006 or 2007. A/CONF.192/15 United Nations Documents: A/CONF.192. I.1/15 All participants welcomed the contribution of the Regional Symposium to 2 "Monitor" Issue 2.2003, Promoting the efforts currently under way in the Arab region. They also appreciated action to tackle small arms in Southern Africa. www.saferafrica.org/ the stimulus it provided for the preparation of the forthcoming 2005 www.saferworld.org.uk 3 SADC Document: Biennial Meeting of States, as well as of the 2006 International Conference www.sadc.int/protocol. Articles 3,4,16 to review the Programme of Action.

14 Reprinted from the UN Press Release DC/2953, 21 April 2005. Khulani Qoma

Oslo Donors’ Conference Pledges $4.5 Billion for Sudan

International participants at the Oslo Donors’ Conference on Sudan pledged a total of more than $4.5 billion for

2005-2007 for the reconstruction and development of Sudan during the 11-12 April 2005 conference in Oslo, Norway.

This amount far exceeded the $2.6 billion appeal of the United Nations (UN) Secretary-General Kofi Annan.

Of this, approximately $2 billion is earmarked for development assistance in response to the needs documented

in the report of the Join Assessment Mission (JAM), done by the Sudanese parties, the UN and the World Bank.

Out of the $4.5 billion, $500 million was committed to the Multi-Donor Trust Funds (MDTF) to be administered

by the World Bank.

he primary objective of the through the JAM in partnership agreements without resources are conference was to identify with the World Bank, the United not implementable. Tand co-ordinate Nations and donors. The JNTT is reconstruction activities that could the precursor to the Government The Chairperson of the African begin immediately after the of National Unity, which Union Ministerial Post Conflict Comprehensive Peace Agreement represented the signatory parties Reconstruction Committee on the that the Government of Sudan to the peace agreement, the GOS Sudan, Dr Nkosazana Dlamini Zuma, (GOS) and the Sudan People’s and the SPLM/A. thanked the Kingdom and people Liberation Movement/Army of Norway, on behalf of the African (SPLM/A) signed on 9 January 2005, The JAM reports describe the Union, for hosting the historic and as called for by the UN Security reconstruction and development international donors conference on Council in Resolution 1574 (2004).1 requirements of the Sudan for the the Sudan. She said that the AU Interim Period up to 2011, with an would accompany the Sudanese in The Oslo Donors’ Conference raised emphasis on 2005-2007. JAM their long journey towards the amount required by the reports also articulate a sustainable peace and recently established Joint National development vision of broad- development.4 Transition Team’s (JNTT) six year based growth, poverty reduction development plan, which and sustained human development The Sudan security situation corresponds to the six year interim that will consolidate the requires unflinching commitment period of the Comprehensive achievements of the from all stakeholders, nationally, Peace Agreement, developed Comprehensive Peace Agreement.3 regionally and internationally. The African Union as well as the The conference was a international community, in the decisive step in the form of Oslo Donors’ Conference follow-up to the peace and other initiatives, continue to agreement, which play a vital role in seeking peace seeks to bring an end and security in the Sudan. Most to Africa’s longest civil importantly, it is up to the war. The conference Sudanese themselves, in the face was vital for ensuring of all this international support, to that the peace process work harder for peace. is implemented and for Endnotes improving the 1 SAMORA www.samora.no, 13 April. humanitarian situation 2 Ibid. 3 South African Department of Foreign in the country as Affairs www.dfa.gov.za, 13 May 2005. 15 Small Measures: Update

• Action for Arms Control in a World Awash With Weapons

• UN extends arms embargo in DRC

• Namibia launches National Action Plan (NAP)

• Rwanda burns 6,000 arms

• Mozambique: Tree of Life

Action for Arms Control in a armed groups in eastern with the Nairobi Declaration on World Awash With Weapons provinces that refused to accept Illicit Small Arms and Light On 14-18 April 2005, under the the peace agreement finalised Weapons, the Rwandan theme Action for Arms Control in under the Global and All-Inclusive government destroyed a total of a World Awash with Weapons, 180 Agreement on the Transition, 6,000 small arms in Musha. The delegates from 75 countries signed in Pretoria, South Africa, ceremony, attended by ministers, gathered in Nairobi, Kenya, to on 17 December 2002. senior military officers and search for solutions to the diplomats, saw the destruction of proliferation of small arms and Namibia launches National Action hundreds of small arms and light light weapons. The regions Plan weapons, which weighed a total represented included Africa, On 14 April 2005, Namibia launches of 11 tons. With all recovered Americas, Asia and Pacific, Europe a National Action Plan (NAP) as burnt, the military says there now and the Middle East. Civil society part of an initiative to tackle remains 250 tons of ammunition representatives attending the trafficking in illegal small arms and to destroy. three-day global conference light weapons. The National Action called for tougher action to Plan would “effectively and Mozambique: Tree of Life regulate the flow of small arms. comprehensively deal with and On 2 February 2005, The Tree of address the proliferation of Life, a half-ton sculpture was UN extends arms embargo in DRC weapons within our borders and unveiled. It is made entirely of On 18 April, condemning the the Southern African weapons reclaimed after continuing illicit flow of weapons Development Community (SADC),” Mozambique’s long post- within, and into, the Democratic said President Hifikepunye independence war and is among Republic of the Congo (DRC), the Pohamba at the launch of the the major features in a yearlong UN Security Council extended the plan. The four-year NAP, which series of exhibits and events in arms and military financing spells out government’s arms the UK highlighting African culture embargo in the country to “any trafficking control measures, is in and art. A project called Tools for recipient” and froze the assets of line with international Arms, which has collected more sanctions violators. Resolution agreements. than 600,000 weapons in nine 1596, drafted by France, expands years, encourages people to hand on a weapons ban first imposed Rwanda burns 6,000 arms in old firearms in exchange for under Security Council On 14 April 2005, in an goods such as sewing machines, Resolution 1493 in July 2003 on unprecedented exercise in line building materials and tools. 16 New publications

Forgotten Casualties of War: Girls in Armed Conflict Save the Children, London, 2005

The regulation of civilian ownership and use of small arms L Lumpe, Centre for Humanitarian Dialogue, March 2005

The Lethal Legacy of West Africa’s Regional Warriors Human Rights Watch, March 2005 Vol.17, No. 5 (A)

Security Together: A Unified Supply and Demand Approach to Small Arms Control D Atwood, Quaker United Nations Office, Switzerland, February 2005

Namibia National Action Plan Pretoria; SaferAfrica, 2005

Ammunition Stocks: Promoting Safe and Secure Storage and Disposal O Greene et al, Biting the Bullet & SEESAC, Briefing 18, February 2005

Worldwide Production and Export of Cluster Munitions Human Rights Watch, Briefing Paper, April 2005

The Impact of Guns on Women’s Lives Control Arms Campaign, United Kingdom, 2005

Rivers and Blood: Guns, Oil and Power in Nigeria’s Rivers State Human Rights Watch, Briefing Paper, February 2005

AFRICAN UNION African Union P O Box 3243 Addis Ababa Ethiopia Tel: +251 151 3822 Fax: +251 151 9321 email: [email protected] http: //www.africa-union.org/

ISS Arms Management Programme P O Box 1787 Brooklyn Square Pretoria 0075 Tel: +27 12 346 9500 Fax: +27 12 460 0998 email: [email protected] http: //www.iss.org.za

This newsletter is funded by the donors of the Arms Management Programme at the Institute for Security Studies.

The opinions expressed in this newsletter do not necessarily reflect those of the Institute or the African Union. Authors contribute to the newsletter in their personal capacity.

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