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Tackling the Illicit Trade in Small Arms and Light Weapons THE ORGANIZATION OF AMERICAN STATES AND THE 2001 UNITED NATIONS CONFERENCE ON THE ILLICIT TRADE IN SMALL ARMS AND LIGHT WEAPONS IN ALL ITS ASPECTS TACKLING THE ILLICIT TRADE IN SMALL ARMS AND LIGHT WEAPONS By William Godnick ABOUT THE AUTHOR WILLIAM GODNICK is a PhD candidate in the Department of Peace Studies at the University of Bradford (UK). He is an independent researcher and consultant in the areas of weapons collection and small arms proliferation, with a primary focus on Central and Latin America. In writing and revising this paper, Mr. Godnick was assisted by Elizabeth Clegg, Michael Crowley, Sarah Meek, Greg Puley, and Carlos Walker Uribe. ABOUT THIS PAPER This paper is a joint publication of the British American Security Information Council, International Alert and Saferworld (as “Biting the Bullet”), Project Ploughshares and the Arias Foundation for Peace and Human Progress, with fund- ing from the Canadian Department of Foreign Affairs and International Trade. BITING THE BULLET is a joint project of BASIC, INTERNATIONAL ALERT and SAFERWORLD. This project seeks to advance the agenda for the UN 2001 Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects by facilitating a wide-ranging and well-informed debate among governments and between governments and civil society. THE BRITISH AMERICAN SECURITY INFORMATION COUNCIL (BASIC) is an independent research organization that analyzes international security issues. BASIC works to promote awareness of security issues among the public, policy- makers, and the media to foster informed debate on both sides of the Atlantic. website: www.basicint.org INTERNATIONAL ALERT is an independent NGO which analyzes the causes of conflicts within countries, enables mediation and dialogue to take place, sets standards of conduct that avoid violence, helps to develop the skills necessary to resolve conflict non-violently and advocates policy changes to promote sustainable peace. website: www.international-alert.org SAFERWORLD is an independent foreign affairs think tank working to identify, develop and publicize more effective approaches to tackling and preventing armed conflicts. As well, Saferworld aims to work with governments and non-gov- ernmental groups on the ground in regions of conflict to better control flows of, and reduce demand for, arms. website: www.saferworld.co.uk Founded in 1976, PROJECT PLOUGHSHARES is a Canadian ecumenical NGO, sponsored by the Canadian Council of Churches, that carries out policy research, analysis, dialogue and public education programs in Canada and interna- tionally to identify, develop and advance approaches that build peace and prevent war, and that promote the peaceful resolution of political conflict. website: www.ploughshares.ca THE ARIAS FOUNDATION FOR PEACE AND HUMAN PROGRESS aims to promote just and peaceful societies in Central America and other regions. The Foundation’s work is divided among three active programs: The Center for Human Progress, The Center for Peace and Reconciliation, and The Center for Organized Participation. website: www.arias.or.cr First printed January 2002 ISBN 1-895722-31-4 The Organization of American States and the 2001 United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects: Tackling the illicit trade in small arms and light weapons By William Godnick The Organization of American States and the 2001 United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects: Tackling the illicit trade in small arms and light weapons By William Godnick Section 1: Introduction failure of the Conference to agree on adequate steps at the international level has placed the onus This monograph is a modified version of a on regional institutions and initiatives as the major background paper prepared for a conference that driving force for addressing the small arms took place in Ottawa, Canada in May 2001, problem on the ground. The attention paid to the bringing together representatives of the Member issue of the illicit arms trade by the UN and its States of the Organization of American States Member States has the potential to spur new (OAS), non-governmental organizations (NGOs) regional initiatives, advance the implementation of and civil society to discuss issues related to the initiatives already underway and provide financial July 2001 United Nations (UN) Conference on the and technical vehicles that will support such Illicit Trade in Small Arms and Light Weapons in All implementation. Representatives and Member Its Aspects (hereafter referred to as the UN States of regional organizations were diligent Conference). This version takes into account the during the conference proceedings in making sure Programme of Action (PoA) adopted by the UN that actions taken in the international arena were Member States as well as other emerging or consistent with the unique and particular needs of consolidated initiatives in the western hemisphere.1 the world’s regions and sub-regions in terms of The UN Conference brought to urgent international priorities, approaches and experience. attention the need to prevent the proliferation and Ambassador Camilo Reyes of Colombia presided misuse of small arms and light weapons. One of at the UN Conference. Following the Conference, the key considerations of the conference was the as the chair of the UN Security Council, the PoA’s interaction with the multiple regional Government of Colombia initiated a debate on measures and initiatives already in place, such as small arms and completed a Presidential the Inter-American Convention Against the Illicit Statement on small arms policy.3 In addition to Manufacturing and Trafficking in Firearms, Colombia, it is important to recognize the key Ammunition, Explosives and Other Related Materials roles played by Brazil, Canada, Mexico and the (hereafter referred to as the Inter-American United States in the outcome of the UN Conference. Convention) adopted by the OAS in 1997.2 The Inter-American Convention had previously proved an important regional forerunner and building The Brasilia Declaration4 block towards the development of the UN Protocol against the Illicit Manufacturing of and Trafficking From 22 to 24 November 2000 the representatives in Firearms, Their Parts, Components and of the Latin American and Caribbean states, Ammunition (hereafter referred to as the UN including Cuba, gathered in Brasilia to seek a Firearms Protocol). common approach in order to contribute a regional perspective to the work of the UN While the UN Conference did not live up to the Conference. In addition to supporting the UN high expectations of many governments and small arms process and parallel work on the NGOs, it did provide the opportunity to build on Firearms Protocol, the representatives agreed to regional action while establishing the need for, if seek to accomplish the following goals: not the prospect of, international action. The WILLIAM GODNICK 3 • consolidate a global and balanced approach to The second meeting of this initiative took place in the issues involved, taking into consideration Managua in April 2001 where the Central American the specific characteristics of regions, sub- participants made the following commitments in regions and countries; anticipation of the UN small arms process:6 • strengthen international cooperation in the • to demand the active participation of missions following areas: judicial, technical, financial and from each Central American country in the UN law enforcement; 2001 Conference; • recognize the importance of national efforts to • to make a call to members of parliament of all recover small arms in post-conflict settings and Central American nations, including the Central of international support for such efforts; American Parliament, to work with their respective ministries of foreign affairs in order • recommend the adoption of concrete measures; to promote the most qualified participation and • acknowledge that civil society has an important significant presence in the UN 2001 Conference; role to play; and • to elaborate and present a unified Central • promote constructive and pragmatic approaches American position before the UN 2001 within the scope of the UN Conference. Conference using the Brasilia Declaration (see below) as a model; and The meeting of Latin American governments and • to recommend that government missions the Brasilia Declaration demonstrate that many of participating in the UN 2001 Conference arrive the OAS Member States appreciate the importance informed and with the relevant information on of regional approaches within the UN context. In arms proliferation, misuse and laws from their the third meeting of the Conference Preparatory home countries. Committee in March 2001, Brazil endorsed specific The governments of Central America chose to proposals for follow-up to the PoA, including: adhere to and support the conference statement • establishing an ad hoc follow-up mechanism made by the representative of the government of subsidiary to the General Assembly; Chile on behalf of the Rio Group (see below) instead of presenting a unified position for the • convening regional or sub-regional follow-up sub-region. However, representatives of Costa meetings and conferences; and Rica, El Salvador, Guatemala, Panama and • convening a Review Conference involving all Nicaragua did make individual statements on the parties no later than 2006. Conference floor.7 The final UN Conference PoA adopted the
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