Certainly as dangerous as a cigarette - Disarmament Watch - illicit manufacture, transfer and circulation of small arms and light weapons
The attention given in recent years to the problem of the illicit manufacture, transfer and circulation of small arms and light weapons, and their excessive accumulation, has certainly grown, permitting substantial progress to be made, particularly at the regional level. Nevertheless, much remains to be done in order to develop and implement concrete programmes, policies and laws to effectively combat, prevent and eradicate the spread of those weapons.
Acceptance of the magnitude of the problem, as well as its global and multidimensional character, was indeed an achievement during the 2001 United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, which was also a fundamental step towards a collective undertaking based on the principle of shared responsibility. The full understanding of the problem, not only from its disarmament perspective but also as a tool to fight crime and terrorism and protect human rights and humanitarian law, invited us to work simultaneously in different fields and fora.
Now it is time to adopt measures to control and, in some cases, prohibit the manufacture and trade of small arms and light weapons, as well as their acquisition and possession by Governments or individuals, including through the development of legally binding instruments, common policies and other actions, and by strengthening international cooperation in this field.
In this context, it is important to identify crucial issues that remain to be solved, such as those referring to a global system for marking and tracing small arms and light weapons, the need for universal rules to control the activities of brokers and other intermediaries, the establishment of strict limitation or prohibition for the acquisition and possession of these weapons by civilians, or the prohibition of transfers and other transactions from or between States and non-State actors. Adequate marking is at the core of any effort to control small arms and light weapons. It is indispensable for identification, as well as for tracing, as recognized by all States, even though some of them still oppose a standard marking. Progress in this field is therefore urgent.
At the regional level, the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and other Related Materials, adopted in 1997, made a significant contribution by requiring appropriate markings of the name of manufacturer, place of manufacture, and serial number at the time of manufacture, as well as the importer’s name and address on imported firearms, and also appropriate markings on any firearms confiscated or forfeited.
In contrast, the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, negotiated in Vienna after a long dispute with China, allowed two methods of marking at the time of manufacture instead of setting a standard. This instrument accepted any alternative unique user-friendly marking with simple geometric symbols, in combination with a numeric and/or alphanumeric code, permitting ready identification by all States of the country of manufacture.
The Programme of Action adopted at the 2001 Conference did not solve the problem, since it only calls to ensure that henceforth licensed manufacturers apply an appropriate and reliable marking on each small arm and light weapon as an integral part of the production process, noting that this marking should be unique and should identify the country of manufacture and also provide information that enables the national authorities to identify the manufacturer and serial number so that each weapon can be identified and traced. It is therefore important to highlight the current work of the Group of Governmental Experts on Tracing Illicit Small Arms and Light Weapons, established by the General Assembly, and the need to negotiate a binding instrument of universal application.
The Programme of Action includes a commitment to eve op common understandings of the basic issues and the scope of the problems related to illicit brokering in small arms and light weapons, with a view to preventing, combating and eradicating the activities of those engaged in such brokering”. The commitment has been the subject of several informal discussions in recent years, but still needs to materialize through a concrete proposal to adopt common policies and legislation to control brokers’ activities, which are often difficult to locate, so as to identify the country of jurisdiction. Legitimate brokers and other intermediaries recognize the need for controls, since they realize the importance of their activities to reduce illicit trade in small and light weapons. Their cooperation, as well as from the manufacturers, is very important in identifying the individuals involved in criminal activities.
The issue of acquisition and possession of small arms and light weapons by civilians was considered during the 2001 Conference, but some countries, particularly the United States, made it clear that they would not accept any form of control or limitation, not even an encouragement to look into these issues at the national level. The original proposal only encouraged States to seriously consider the prohibition of unrestricted trade in, and private ownership of, small arms and light weapons specifically designed for military purposes. A revised version even recognized explicitly that this would be done without discouraging or diminishing lawful leisure or recreational activities, such as travel or tourism for sport shooting, hunting and other forms of lawful ownership and use recognized by States