Small Arms Non-Proliferation
(At present no international instrument dealing
specifically with small arms and light weapons proliferation
exists. Efforts are, however, being undertaken by
the United Nations, regional and sub-regional initiatives
(OAU, SADC, OAS, EU), by individual states and non-governmental
organisations.)
Until recently the disarmament and non-proliferation
debate mainly focused on weapons of mass destruction.
The issue of small arms and light weapons proliferation
was initially focused upon by, among others, the
former Secretary General of the United Nations through
his Supplement to an Agenda for Peace, 1995, wherein
he concentrated on "macro-disarmament".
By this he meant practical disarmament in the context
of the conflicts the United Nations is actually
dealing with and of the weapons, most of them light
weapons, that are actually responsible for the deaths
of large numbers of civilians and combatants.
Subsequently, initiatives by the UN, individual
governments, regional and sub-regional organisations
and NGOs have been initiated.
United Nations
In terms of UN General Assembly resolution 53/77E
a decision was taken to hold an United Nations International
Conference on the Illicit Trade in Small Arms and
Light Weapons in All Its Aspects in the year 2001.
The Conference has since been scheduled for 9-20
July 2001 in New York. The preparatory phase to
prepare for this Conference commenced in February
2000 and the third and last Preparatory Committee
was held in March 2001.
The Preparatory Committee addressed both the procedural
and substantive issues for the 2001 Conference,
relating to issues such as the Rules of Procedure
for the Conference, the Chairpersonship, the modalities
for NGO participation, background documentation
for the Conference, as well as the Draft Programme
of Action to be considered by Member States at the
Conference.
The outcome of the 2001 Conference through the
adoption of certain action points could signal a
political commitment by Member States for further
co-operation amongst UN Members on the issue of
small arms. Thus, it is important that the outcome
of the Conference should not be an end in itself,
but it should lay the foundation for future co-operation
and action on the problems created by the illicit
proliferation of small arms.
South Africa is of the view that this Programme
of Action could address clusters of disarmament,
arms control and non-proliferation issues. Issues
to be addressed can for example be transparency,
stockpile management and destruction, arms transfers,
brokering, marking of small arms and the role of
the UN, regional and sub-regional organisations
in fostering co-operation on these issues.
Organisation of African Unity
As was the case with the international efforts
to ban landmines which ultimately led to the adoption
and entry into force of the Mine Ban Treaty, a strong
and decisive position by the Organisation for African
Unity is crucial to the success of any international
initiative to address the problems associated with
the proliferation of small arms and light weapons.
For this reason, the 1998 OAU Heads of State and
Government meeting in Ouagadougou, acting on a South
African proposal, adopted a decision concerning
the proliferation of small arms and light weapons
in Africa. This decision reiterated the urgency
and need for Inter-African Cooperation in the search
for solutions to the problems posed by the proliferation
of light weapons and stressed the primary role that
the OAU should play in the co-ordination of efforts
in this area. At the OAU Assembly of Heads of State
and Government held in Algiers, Algeria from 12-14
July 1999 the Summit endorsed the holding of a Continental
Conference of African Experts on Small Arms in 2000.
At its July 2000 meeting in Lomé, the OAU
Council of Ministers subsequently decided that this
meeting be upgraded to the Ministerial level. The
Ministerial meeting was preceded by the First Continental
Meeting of African Experts on Small Arms and Light
Weapons in Addis Ababa on 17-19 May 2000, during
which South Africa participated actively. The Ministerial
Conference was held in Mali from 30 November to
1 December 2000 and ended in the adoption of the
"Bamako Declaration on an African Common Approach
on the Illicit Proliferation, Circulation and Trafficking
of Small Arms and Light Weapons".
Southern African Development Community
At the sub-regional level within Southern Africa,
the SADC Summit of August 1999 adopted a decision
to establish a SADC Working Group on small arms
with the mandate to develop SADC policies in this
regard. SARPCCO (Southern African Regional Police
Chiefs Co-operation Organisation) was identified
as the implementing agency for SADC initiatives
on small arms. In this regard the priority for SARPCCO
was to develop a regional instrument on small arms
(firearms) which would provide the legal framework
for SADC Member States to co-operate on this issue.
SARPCCO finalised and presented this "Protocol
on the Control of Firearms, Ammunition and Other
Related Materials in the SADC Region" to the
renamed and enlarged SADC Committee on Small Arms
in April 2000, where it is presently still under
consideration. Although the Protocol will mainly
deal with illicit small arms, it will also address
legal small arms control by providing for a mechanism
through which the disarmament / arms control aspects
of the small arms debate could be addressed in future.
At its February 2001 meeting in Gaborone, the SADC
Committee on Small Arms finalised and adopted a
SADC Draft Declaration on firearms and recommended
that it be presented to the SADC Council of Ministers
Meeting in February. The Council of Ministers recommended
that the Draft Declaration be referred to the March
2001 Extra-Ordinary Summit of SADC Heads of State
and Government for adoption and signature.
On 9 March 2001, the SADC Heads of State and Government
Summit adopted and signed the SADC Declaration Concerning
Firearms, Ammunition and Other Related Materials,
which provides the political context for further
work on the Protocol.
At the National Level
The South African Government has declared the combating
of small arms (firearms) proliferation as the South
African Police Service's (SAPS) highest priority.
A coherent strategy to deal with the proliferation
of small arms in South Africa has been developed.
The strategy represents an integral and holistic
approach to introduce stricter control measures
and to eventually remove the causal factors of small
arms into South Africa; to prevent arms in legal
possession becoming illegal through theft and robbery;
to mop up the existing pool of arms in South Africa
and to educate South Africans concerning the possession
of arms.
A National Firearms Plan is being implemented in
terms of this strategy with the objective to reduce
the number of illegal small arms in circulation
as well as to reduce the flow of illegal weapons
into South Africa. It also concentrates efforts
to ensure the lawful and proper use of licensed
firearms and involves legislative amendments aimed
at tightening up the issuing of licences and ensuring
that fewer losses occur from legal owners.
In addition, South Africa is committed to a policy
of responsibility and accountability in the trade
and transfer of all arms. South Africa has established
an arms control system which makes provision for
a Ministerial control body (National Conventional
Arms Control Committee), criteria, principles and
guidelines to ensure the responsible transfer and
trade in, amongst others, small arms and light weapons.
The South African Government has adopted a policy
on the destruction of surplus small arms. The policy
stems from the Government's grave concern about
the proliferation of small arms and its devastating
effect on the socio-economic development and reconstruction
of civil societies in Southern Africa.
In terms of this policy the South African Police
Service on 6 October 1997 melted down 20 tons of
firearms (4 504 confiscated firearms) which included
pistols, revolvers, rifles, shotguns and home made
firearms with an estimated commercial value in excess
of R2 million (approx. US$330 000). Subsequently
the South African Police Service destroyed an additional
11 tons of confiscated ammunition and 10 tons of
confiscated small arms, 9 tons of obsolete / outdated
ammunition and 20 tons of redundant / obsolete small
arms.
During February 1999 the South African Government
took the decision to effect disposal, via destruction,
of all State-held redundant, obsolete, unserviceable
and confiscated semi-automatic weapons of a calibre
smaller than 12,7mm. This decision was taken in
accordance with the UN Secretary General's Report
on Small Arms (A/52/298 of 27 August 1997) that
recommended, amongst others, that all states should
consider the possibility of destroying all surplus
small arms.
In this context, the destruction process of the
more than 262 000 South African National Defence
Force obsolete or redundant small arms and light
weapons commenced during July 2000.
In January 2001 the SAPS took another significant
step to rid South Africa from the scourge of firearms
related violence with the destruction of 102 tons
of firearms, parts of firearms and firearm spares,
with an estimated value of nearly R26,5 million.
A total of 27816 firearms, including pistols, revolvers,
rifles, shotguns and home-made firearms were destroyed.
The firearms, which were destroyed in this batch,
include 4524 confiscated and home-made firearms
as well as 23292 redundant police firearms. Seven
(7) launchers and 20335 parts of firearms and spares
were also destroyed.
The destruction of confiscated firearms is the
last step to be taken after completion of police
investigation. No confiscated firearm is destroyed
by the SAPS unless the investigation (including
forensic testing) has been completed.
It is a priority of the SAPS to stop the proliferation
of firearms into the hands of criminals and to promote
responsible firearm ownership with legal firearm
owners. The Firearms Control Act that will be implemented
soon, will further assist the SAPS to reduce firearm-related
violence significantly over the next few years.
Sub-Regional Measures
As the South African Government is committed to
stop the flow of illegal small arms across South
Africa's borders, it has already entered into agreements
with several Southern African States with a view
to curb the trafficking of illegal small arms and
ammunition. In this regard bilateral agreements
have been signed between South Africa and Mozambique
and between South Africa and Swaziland to address
cross border crime.
These agreements provide for joint investigations
as well as exchange of information between the respective
police forces. Several joint operations have been
conducted between the three countries at both grass
roots and national levels. Approximately 60 successful
ad hoc ground level joint operations have been concluded
between Mozambique and South Africa alone.
The bilateral agreement with Mozambique has led
to the launching of the first joint operation for
the collection and destruction of uncontrolled arms
/ explosives caches within Mozambique, known as
Operation Rachel.
Since 1995, the South African Government has funded
or contributed to eleven official Rachel operations
during which thousands of firearms and ammunition
have been destroyed in Mozambique. More than 12100
firearms and nearly 104 000 rounds of ammunition
have been confiscated since March 2000 in Operation
Crackdown.
This includes 6229 handguns and 4578 hunting rifles.
In most cases, the serial numbers were removed,
which make it difficult or impossible to trace the
original owner. As Mozambique is a vast country
stretching up the East Coast of Africa, with many
uncontrolled weapons caches, it is foreseen that
several more operations will be held in the future.
OTHER DEPARTMENTS AND COOPERATION ORGANISATIONS
· South African Police Service
· Defence Secretariat
· Organisation for African Unity (OAU)
· Southern African Development Community
(SADC)
· Southern African Regional Police Chiefs
Co-operating Organisation (SARPCCO)
GENERAL COMMENTS
South African Position Paper on Small Arms and
Light Weapons Proliferation
While arms control has traditionally focused on
conventional arms and weapons of mass destruction,
the devastation wrought by the proliferation of
light weapons and small arms on socio-economic development
generally, and specifically in the reconstruction
of post-conflict societies, can no longer be ignored.
Within countries, unimpeded access to light weapons
and small arms and the use of these, have increased
the lethality of crime, violence, banditry and civil
disobedience. Regionally, the demobilisation of
ex-combatants, disarmament programmes and reductions
of military-industrial complexes are constrained
by the existence of large amounts of poorly regulated
and indiscriminately used light weapons and small
arms.
The diffusion of existing stocks and the import
of new weapons endanger the democratic pursuits
which are being consolidated and negatively influence
the ability of governments to govern effectively,
not only of countries in Africa but around the world.
The challenge in addressing the proliferation of
small arms is to marshal the necessary human and
financial resources, encourage the sharing of reliable
data among national departments and regional partners,
co-ordinate action and raise the profile of the
issue to gain the support of governments, politicians
and non-governmental organisations.
Furthermore, the illicit proliferation of small
arms is closely linked to other criminal activities
and therefore must be addressed within the context
of other initiatives aimed at reducing crime. The
close link between licit and illicit weapons must
also be recognised and approaches to addressing
the one must relate to the other within countries
as well as in regional initiatives.
Therefore, South Africa believes that:
1. A holistic approach is necessary to address
this problem. Concurrent action must be taken at
national, regional and international levels focusing
on both licit and illicit small arms and light weapons;
and;
2. A regional initiative for the control of weapons
proliferation in Africa is urgently needed.
3. Recommended Course of Action
A. Approach
i. Addressing the proliferation of light weapons
and small arms in South Africa and its immediate
region must be viewed from an inclusive perspective
of arms control and disarmament, post-conflict peace
building, conflict prevention and socio-economic
development.
Through the co-ordination of these approaches,
a holistic national strategy should be developed
that will assess and identify national priorities
and determine achievable steps to be taken to contain
and reduce weapons proliferation.
ii. To reinforce national action, it is imperative
that a regional approach should be formulated to
address the problem of the uncontrolled proliferation
of small arms and light weapons that is based on
regional concerns and adopts an incremental approach.
This will ensure that as each region of the world
develops an indigenous approach, the building blocks
will be put in place to effectively deal with this
issue globally.
iii. The focus areas in all instances should be
placed on illicit and licit small arms and light
weapons. Thus, national and regional approaches
must be developed for both short-term and long-term
gains which could make an impact on illicit as well
as licit arms circulation.
B. Practical Measures for Coordination and Cooperation
- National:
iv. National efforts should focus on enhancing
legislation and regulation to prevent legal small
arms from becoming illegal through criminal activity,
improving, as necessary, regulation on the import,
export and transfer of light weapons and small arms,
and increasing the control over stocks of light
weapons belonging to security forces.
v. Steps should also be taken to reduce the number
of existing weapons through voluntary methods (including
programmes of collection and destruction) and increasing
the capacity of the security forces to identify,
seize and destroy illicit weapons.
Regional:
vi. Regionally, an important confidence-building
measure that will lead to long-term gains for regional
cooperation and trust is greater transparency by
countries of their transfers of small arms and light
weapons.
vii. In affected regions, countries and regional
organisations should take immediate steps to stop
the inflow of small arms and light weapons through
increased cooperation, harmonisation of transfer
procedures, tighter border control and intelligence
sharing. Attention must also be focused on the recirculation
of existing stocks throughout the region and appropriate
control measures devised, including increased cooperation
among governments regionally, joint operations and
harmonisation of priorities.
viii. Co-operative partnership should be established
between governments, international and regional
organisations and the non-governmental community
to mobilise public and political support. The role
of the non- governmental community in assisting
governments in achieving this support and aiding
in the compilation of reliable data regarding small
arms and light weapons proliferation in all its
aspects should be explored fully.
ix. Aside from this regional initiative, an international
conference on light weapons and small arms should
be held after 1999 to enable governments and regional
organisations to share their experiences, and facilitate
dialogue. The aim of the conference should be to
increase cooperation and avoid duplication of initiatives
to ensure that scarce resources are utilised effectively.
The conference should formulate an action plan to
combat this proliferation problem based upon the
experiences of indigenous regional approaches in
this regard. Such regional approaches would put
in place measures to effectively deal with this
issue globally.