Preparatory Committee for the

United Nations Conference on

 The Illicit Trade in Small Arms

 And Light Weapons in All Its Aspects

22^nd Meeting (PM)

MARKING AND TRACKING OF WEAPONS STRESSED AS SMALL ARMS

PREPARATORY COMMITTEE CONSIDERS ACTION PLAN

It would be suicidal for any government to let those opposed to tracking weapons take charge of them, the representative of Pakistan warned the Preparatory Committee for the United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, as it resumed discussion this afternoon of the draft programme of action.

The second of three preparatory sessions, meeting in New York through Friday, 19 January, has held various debates concerning the formulation of final documents to be recommended to the international disarmament Conference in July.  A divergence of views emerged, largely on the format of the final documents.  There was broad agreement, however, that the Conference represented the beginning, and not the end, of a process to control the proliferation and misuse of small arms and light weapons, for which collective action was urged. 

On specific points to be included in the recommendations to the Conference, the representative of Pakistan promoted a proper marking system for numbering weapons.  Otherwise, he said, it would be impossible to keep track, especially of arms diverted for illegal use.  It was unhelpful to guard such transactions in private and financial sectors; governments must retain control.  Some tracking system was in the interest of both producers and governments, which should keep the information under their authority at all times.

Several delegations stressed the importance of adhering strictly to the mandate for the Conference and preparatory process as defined by the General Assembly.  The representative of the Russian Federation, for example, said he was opposed to pressing the issue of setting up monitoring systems for the “legal” supply of small arms and light weapons, camouflaged under various formulas.  That issue went beyond the framework of the mandate.  Including in the document unrealistic measures which were difficult to implement would complicate consensus.  Most important at present was to concentrate on questions directly related to the illicit arms trade.

The representative of Malaysia agreed that members should adhere strictly to the Assembly mandate.  In fact, the term used in the resolution to define the scope of the Conference was “illicit trade”, so members should, therefore, avoid using other terms such as “illicit trafficking”.  The preamble of the action

plan should acknowledge that small arms and light weapons had significantly prolonged and intensified post-cold war regional conflicts.  Long after a conflict had formally ended, stockpiles of small arms continued to threaten public order, often hampering post-conflict nation-building efforts.

Also addressing the Committee today, a representative of the  International Committee of the Red Cross (ICRC), asserted that the transfer of small arms and light weapons had become easier, while promoting respect for international humanitarian law had become vastly more difficult.  He urged States to review their relevant policies, in light of their responsibility to respect and ensure respect for humanitarian law.  The final document should express concern for the serious implications of the illicit arms trade and its destabilizing effects with respect to international humanitarian law and the provision of humanitarian assistance.

Statements were also made by the representatives of Sweden, on behalf of the European Union, Jordan, on behalf of the League of Arab States, South Africa, Mexico, Nepal, Bolivia, Colombia and Brazil.

The Committee will meet again at 10 a.m. on Wednesday, 17 January, to continue its consideration of the proposed draft action programme.

Committee Work Programme

The Preparatory Committee for the United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects met this afternoon to consider the Chairman's proposal for a draft programme of action to prevent, combat and eradicate the illicit trade in small arms and light weapons in all its aspects (document A/CONF.192.PC/L.4).

The working paper is divided into four main sections:  preamble; preventing, controlling and curbing the illicit trade in small arms and light weapons; international cooperation and assistance; and implementation and follow-up.  Each section contains commitments and measures to be undertaken at the national, regional and global levels.

Section I, the preamble, contains 30 paragraphs.  It begins by expressing a determination to end the human suffering caused by the illicit trade and subsequent misuse of small arms and light weapons, which kill, maim and terrorize thousands of innocent people.  In the end, countries would commit themselves to launching and implementing an integrated action plan at the national, regional and global levels, to prevent, reduce and curb the illicit trade in small arms and light weapons.

The second section, on preventing, controlling and curbing the illicit small arms trade, calls for measures regarding the illicit manufacture, acquisition, stockpile and transfer of those weapons, as well as measures to prevent diversion from legal manufacture, acquisition and transfer.  It also contains measures on:  stockpile management and safe storage; the collection and destruction of illicit and surplus small arms and light weapons; civilian possession of those weapons; post-conflict situations and effective disarmament in the context of peacekeeping operations; and on transparency, confidence-building and exchange of information.

The third section, on international cooperation and assistance, contains provisional agreements by countries in the areas of police, intelligence, customs and border control, civil society, and research and raising awareness.  The fourth section, on implementation and follow-up, submits examples of immediate follow-up actions to be taken at the national, regional and global levels.

      Statements

SUNE DANIELSSON (Sweden), speaking on behalf of the European Union, said he hoped the Committee would take his delegation's previous statements on this issue into account.  He drew attention to the Organization for Security and Cooperation in Europe (OSCE) Framework Document on Small Arms, the Bamako Declaration and the Brasilia Declaration as sources of inspiration and instruction.  This would lead to a more succinct and focused document. 

Turning to highlight some of elements his delegation considered essential to drafting a comprehensive plan of action, he said the plan should cover export control criteria, establish measures to stimulate cooperation and capacity-building, and emphasize the importance of transparency in dealing effectively with surplus weapons.  The issue of marking and traceability and brokering should also be addressed.  On the issue of financing, the programme of action should cover the links between legal arms trade and various types of illegal activity.  The Union also attached great importance of involving relevant United Nations organs and the Bretton Woods Institutions in the preparatory process.

RAMEZ GOUSSOUS (Jordan), speaking on behalf of the League of Arab States, reaffirmed its earlier interventions on the draft programme of action. 

JAVED IQBAL (Pakistan) focused his comments on the marking and traceability of illegal small arms, and various aspects of arms brokering.  Even without a modern system of marking or records keeping, weapons that had been produced in past had been marked.  Without such markings, it would have been impossible to determine how many weapons were produced and to whom they had been distributed.  Therefore, it was not wrong to assume that weapons manufacturers would have such information readily available, if only for their own financial benefit. 

It could be assumed also, he continued, that such records would not be kept only for the private sector.  Some form of tracking system was in the best interest of the companies and governments, and it would be suicidal for any government to let those opposed to weapons tracking control weapons stocks.  It would be illogical for the international community to assume that States were now transferring weapons without any records.  If it could be done in the past, the modern technological revolution would certainly make methods of tracking weapons possible today.

Turning to illegal brokering activities, he said that, as it read, the draft programme of action contained a confusing definition of brokers; brokers were not buyers.  The programme of action should contain a requirement that arms should be transferred to brokers only if they gave assurances that those arms would not be transferred to criminal actors.  It was also important to note that the emergence of the Internet had eliminated the need to be physically present in order to carry out a transaction.  Therefore, if the legal system of one country did not monitor or criminalize illicit brokering practices, brokers from other States could operate freely within that country via the World Wide Web.  To make matters worse, it was often the case that States accusing other States of being involved in illegal activity often did so at the risk of confrontation. Therefore, States were often hesitant to report such activities.  International cooperation was absolutely necessary to control illegal brokering.

JEAN P. DU PREEZ (South Africa) said section II of the draft programme of action should include an introductory paragraph with a statement highlighting regional and national priorities.  He proposed that the Committee consider duplicating the format of the Bamako Declaration for the entire section.  Section II should also ensure the facilitation of cooperation to trace illegal weapons; enhance cooperation between law enforcement organizations; and stress the need to enforce arms embargoes and rules governing the supply of ammunition. Further, the section should prioritize the disarmament, demobilization and reintegration of former combatants.  It should also address measures aimed at enhancing international information exchange on the issue of the proliferation of illicit arms.

A.A. ORLOV (Russian Federation) said the draft programme of action could serve as the basis of the future work of the Committee.  In that regard, perhaps it would be best not to alter it and to preserve its more positive elements.  To that end, the Federation consistently favoured strictly following the Conference mandate laid down by the Assembly.  Establishing systems “camouflaged” to monitor the legal transfer and supply of arms went beyond the mandate.  The Federation was against repeating questions under consideration in other regional or international forums.  The programme of action should not include unrealistic measures that would be difficult to implement or that would hamper the achievement of consensus.  It was most important to concentrate on all issues concerned with the illicit trade in small arms and light weapons.

He added that references to the creation of various mechanisms and working groups were not clear.  Those referenced needed further development.  Members should have a clear understanding of the composition of those organs and how they would be financed.  On issues relating to transparency, the Federation favoured adopting realistic measures emphasizing stricter national control of the manufacture, warehousing and transfer of small arms.  The programme of action should also broadly reflect the obligation on the part of States to strengthen the responsibility of their respective national governments in that regard.  Any subsequent follow-up mechanisms, such as review conferences, could only be convened once it was decided that real progress had been attained in fulfilling the programme of action.  His delegation would present a complete list of proposals to the Chairman at a later date.

MARIA ANGELICA ARCE DE JEANNET (Mexico) said the preamble should be much shorter and contain three main elements:  the origin of the problem; its scope, as well as a reference to the principles of the United Nations Charter; and the objectives of in the July Conference.  Inclusion of the objectives was very important.  In that respect, members could work on the basis of the Chairman’s proposed objective (document A/CONF.192/PC/L.3), as it would link the preamble with the second section of the action plan containing concrete measures to be adopted at all levels.

She said the title of section ii “Preventing, controlling and curbing the illicit trade in small arms and light weapons” should be changed, since it did not conform to the General Assembly resolution.  It should instead discuss prevention and eradication of the illicit small arms trade.  The political will of all States to adopt measures in that regard should be highlighted.  That title should also refer to the particular characteristics of each region, as well as to their priorities.  Further, the section should follow the format of the Bamako Declaration and contain a list of measures to be adopted on the national, regional and global levels. 

Concerning national measures, she had already emphasized the importance of a number of elements, including appropriate national legislation and strengthened national capacities to combat the illicit small arms trade, as well as provisions covering the activities of brokers and the problems associated with financial transactions and transportation networks.  Above all, the need for a national commitment for better control, with the goal of eradication, should be stressed.

Regarding regional measures, she said the document should emphasize the importance of fully implementing all of the provisions contained in existing legally binding documents which had been adopted regionally.  The action plan could mention, for example, the Inter-American Convention to Combat the Illicit Trade in Small Arms and Their Manufacture.  Globally, it would be appropriate to include, among other things, the need to strengthen coordination, including through INTERPOL and the World Customs Organizations.

She said the existing structure of section iii, on international cooperation and assistance, should be modified to contain the idea of facilitating international cooperation and assistance for the full implementation of measures contained in the second section.  Sect iii should go beyond simply the participation of the donor community, and emphasis should be placed on the implementation of measures in section ii.  Section iv on implementation and follow-up should be very short and precise, and should reflect the commitments relating to future work. 

HIRA THAPA (Nepal) said his delegation had proposed a few short paragraphs for the preambular section which had been transmitted to the Secretariat.  The additions called for promotion of a culture of peace to create a conducive environment to reduce the legal demand for small arms.  In sect iii, paragraph 3(b) should be reformulated to emphasize the need for international cooperation to build the capacity of States to combat the illicit arms trade and its effects.  This should take into account the need to eradicate the root causes of conflicts, such as poverty, underdevelopment and insecurity.

RAJA REZA RAJA ZAIB SHAH (Malaysia) said the preparatory process and the Conference should adhere strictly to the General Assembly mandate.  The word used in the resolution was “illicit trade” so members should avoid using other terms such as “illicit trafficking”.  The preamble should acknowledge that in many regional conflicts and civil wars since end of cold war, small arms and light weapons had played a significant role in their prolongation and intensification. 

He said that long after a conflict had formally ended, stockpiles of small arms continued to threaten public order, often hampering post-conflict nation-building efforts.  The use of those weapons had exacted a heavy toll on civilians caught in the conflict, especially women, children and the elderly.  Such far-reaching implications of the small arms problem should be included in the preamble.  A practical approach was needed to deal with the issue at all levels. 

Addressing the proliferation of those weapons must be viewed from a holistic perspective, he continued.  In that context, the need for a comprehensive approach should be mentioned in the preamble.  It was also important to highlight various recent regional initiatives and encourage regional organizations to continue their good work.  That should be included in a concise way in the preamble, which should also reaffirm the important role played by civil society in raising  awareness and providing constructive contributions to resolving the problem.

He said the Japanese proposal on the possible structure and elements for a political declaration, posed no difficulties to his delegation, assuming that it would be part of the preamble and that the Committee was not going to produce an independent document. 

ROBERTO LEMA TRIGO (Bolivia) said the preamble should be shorter and more concise.  He then detailed suggested changes to paragraphs and subparagraphs of the overall draft text.

LEONARDO LUIS NOGUEIRA FERNANDES (Brazil) said links to organized crime and terrorist activities should be highlighted in the programme of action.  Regional and subregional elements were also important, and language in the preamble to that effect should be retained.  Reference could also be made to respect for the principles of the Charter concerning the right of States to establish and control their own means of national defence.  He welcomed cooperation among law enforcement organizations, but reiterated his delegation’s opposition to cross-border operations in “hot pursuit” of illegal small arms.  The Conference should seek to strengthen international cooperation in efforts to tackle the illicit arms trade, but it should be noted that the primary responsibility in that regard rested with States.  To take advantage of the momentum achieved during the present negotiations, the Committee should work to establish some guidelines for its future activities.

CAMILO REYES (Colombia) said his delegation would address specific recommendations for the proposed programme of action at a later date.  It was urgent at present to establish measures to address the issue of small arms and light weapons that had been explicitly designed to look like toys.  His delegation was also concerned about illicit weapons designed with the purpose of making them easier to conceal or transport.  Weapons design should be taken into account when the Committee considered the draft’s section on “global measures” aimed at combating the proliferation of small arms and light weapons.

DANIEL HELLE, of the International Committee of the Red Cross (ICRC), suggested some points for inclusion in the document.  Those included:  concern for the serious implications that the illicit arms trade and resulting destabilization had with respect to international humanitarian law and the provision of humanitarian assistance; and recognition of the obligation of States to respect and ensure respect for international humanitarian law.

He recalled that in the First Committee (Disarmament and International Security) the ICRC had welcomed the convening of the Conference and referred members to the observations and recommendations contained in a study entitled “Arms Availability and the Situation of Civilians in Armed Conflict”, which had shown the strong link between the high level of available arms and the high level of casualties during and after conflict.  The problem had been compounded when humanitarian agencies were directly attacked and forced to suspend operations and leave a country.

Moreover, the transfer of those weapons had become easier, while promoting respect for international humanitarian law had become vastly more difficult, he said.  States should review their relevant policies, in light of their responsibility to respect and ensure respect for humanitarian law.  When devising policies on arms transfers and elaborating codes of conduct, respect for humanitarian law should be included.

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