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Programme of Action to Prevent,
Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons
in All Its Aspects
(UN Document A/CONF.192/15)
I. Preamble
1. We, the States participating in the United
Nations Conference on the Illicit Trade in Small Arms and Light Weapons in
All Its Aspects, having met in New York from 9 to 20 July 2001,
2. Gravely concerned about the illicit
manufacture, transfer and circulation of small arms and light weapons and
their excessive accumulation and uncontrolled spread in many regions of the
world, which have a wide range of humanitarian and socio-economic
consequences and pose a serious threat to peace, reconciliation, safety,
security, stability and sustainable development at the individual, local,
national, regional and international levels,
3. Concerned also by the implications that poverty
and underdevelopment may have for the illicit trade in small arms and light
weapons in all its aspects,
4. Determined to reduce the human suffering caused
by the illicit trade in small arms and light weapons in all its aspects and
to enhance the respect for life and the dignity of the human person through
the promotion of a culture of peace,
5. Recognizing that the illicit trade in small
arms and light weapons in all its aspects sustains conflicts, exacerbates
violence, contributes to the displacement of civilians, undermines respect
for international humanitarian law, impedes the provision of humanitarian
assistance to victims of armed conflict and fuels crime and terrorism,
6. Gravely concerned about its devastating
consequences on children, many of whom are victims of armed conflict or are
forced to become child soldiers, as well as the negative impact on women and
the elderly, and in this context, taking into account the special session of
the United Nations General Assembly on children,
7. Concerned also about the close link between
terrorism, organized crime, trafficking in drugs and precious minerals and
the illicit trade in small arms and light weapons, and stressing the urgency
of international efforts and cooperation aimed at combating this trade
simultaneously from both a supply and demand perspective,
8. Reaffirming our respect for and commitment to
international law and the purposes and principles enshrined in the Charter of
the United Nations, including the sovereign equality of States, territorial
integrity, the peaceful resolution of international disputes,
non-intervention and non-interference in the internal affairs of
States,
9. Reaffirming the inherent right to individual or
collective self-defence in accordance with
Article 51 of the Charter of the United Nations,
10. Reaffirming also the right of each State to manufacture,
import and retain small arms and light weapons for its self-defence and
security needs, as well as for its capacity to participate in peacekeeping
operations in accordance with the Charter of the United Nations,
11. Reaffirming the right of self-determination of all
peoples, taking into account the particular situation of peoples under
colonial or other forms of alien domination or foreign occupation, and
recognizing the right of peoples to take legitimate action in accordance with
the Charter of the United Nations to realize their inalienable right of
self-determination. This shall not be construed as authorizing or encouraging
any action that would dismember or impair, totally or in part, the
territorial integrity or political unity of sovereign and independent States
conducting themselves in compliance with the principle of equal rights and
self-determination of peoples,
12. Recalling the obligations of States to fully comply with
arms embargoes decided by the United Nations Security Council in accordance
with the Charter of the United Nations,
13. Believing that Governments bear the primary responsibility
for preventing, combating and eradicating the illicit trade in small arms and
light weapons in all its aspects and, accordingly, should intensify their
efforts to define the problems associated with such trade and find ways of
resolving them,
14. Stressing the urgent necessity for international
cooperation and assistance, including financial and technical assistance, as
appropriate, to support and facilitate efforts at the local, national,
regional and global levels to prevent, combat and eradicate the illicit trade
in small arms and light weapons in all its aspects,
15. Recognizing that the international community has a duty to
deal with this issue, and acknowledging that the challenge posed by the
illicit trade in small arms and light weapons in all its aspects is
multi-faceted and involves, inter alia, security, conflict prevention and
resolution, crime prevention, humanitarian, health and development
dimensions,
16. Recognizing also the important contribution of civil
society, including non-governmental organizations and industry in, inter alia,
assisting Governments to prevent, combat and eradicate the illicit trade in
small arms and light weapons in all its aspects,
17. Recognizing further that these efforts are without
prejudice to the priorities accorded to nuclear disarmament, weapons of mass
destruction and conventional disarmament,
18. Welcoming the efforts being undertaken at the global,
regional, subregional, national and local levels to address the illicit trade
in small arms and light weapons in all its aspects, and desiring to build
upon them, taking into account the characteristics, scope and magnitude of
the problem in each State or region,
19. Recalling the Millennium Declaration and also welcoming
ongoing initiatives in the context of the United Nations to address the
problem of the illicit trade in small arms and light weapons in all its
aspects,
20. Recognizing that the Protocol against the Illicit
Manufacturing of and Trafficking in Firearms, Their Parts and Components and
Ammunition, supplementing the United Nations Convention against Transnational
Organized Crime, establishes standards and procedures that complement and
reinforce efforts to prevent, combat and eradicate the illicit trade in small
arms and light weapons in all its aspects,
21. Convinced of the need for a global commitment to a
comprehensive approach to promote, at the global, regional, subregional,
national and local levels, the prevention, reduction and eradication of the
illicit trade in small arms and light weapons in all its aspects as a
contribution to international peace and security,
22. Resolve therefore to prevent, combat and eradicate the
illicit trade in small arms and light weapons in all its aspects by:
(a) Strengthening or developing agreed norms and measures at the global,
regional and national levels that would reinforce and further coordinate
efforts to prevent, combat and eradicate the illicit trade in small arms and
light weapons in all its aspects;
(b) Developing and implementing agreed international measures to prevent,
combat and eradicate illicit manufacturing of and trafficking in small arms
and light weapons;
(c) Placing particular emphasis on the regions of the world where
conflicts come to an end and where serious problems with the excessive and
destabilizing accumulation of small arms and light weapons have to be dealt
with urgently;
(d) Mobilizing the political will throughout the international community
to prevent and combat illicit transfers and manufacturing of small arms and
light weapons in all their aspects, to cooperate towards these ends and to
raise awareness of the character and seriousness of the interrelated problems
associated with the illicit manufacturing of and trafficking in these
weapons;
(e) Promoting responsible action by States with a view to preventing the
illicit export, import, transit and retransfer of small arms and light
weapons.
II. Preventing, combating and eradicating the illicit trade in small arms
and light weapons in all its aspects
1. We, the States participating in this Conference,
bearing in mind the different situations, capacities and priorities of States
and regions, undertake the following measures to prevent, combat and
eradicate the illicit trade in small arms and light weapons in all its
aspects:
At the national level
2. To put in place, where they do not exist, adequate
laws, regulations and administrative procedures to exercise effective control
over the production of small arms and light weapons within their areas of
jurisdiction and over the export, import, transit or retransfer of such
weapons, in order to prevent illegal manufacture of and illicit trafficking
in small arms and light weapons, or their diversion to unauthorized
recipients.
3. To adopt and implement, in the States that have not
already done so, the necessary legislative or other measures to establish as
criminal offences under their domestic law the illegal manufacture,
possession, stockpiling and trade of small arms and light weapons within
their areas of jurisdiction, in order to ensure that those engaged in such
activities can be prosecuted under appropriate national penal codes.
4. To establish, or designate as appropriate, national
coordination agencies or bodies and institutional infrastructure responsible
for policy guidance, research and monitoring of efforts to prevent, combat
and eradicate the illicit trade in small arms and light weapons in all its
aspects. This should include aspects of the illicit manufacture, control,
trafficking, circulation, brokering and trade, as well as tracing, finance,
collection and destruction of small arms and light weapons.
5. To establish or designate, as appropriate, a national
point of contact to act as liaison between States on matters relating to the
implementation of the Programme of Action.
6. To identify, where applicable, groups and individuals
engaged in the illegal manufacture, trade, stockpiling, transfer, possession,
as well as financing for acquisition, of illicit small arms and light
weapons, and take action under appropriate national law against such groups
and individuals.
7. 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. This marking should be unique
and should identify the country of manufacture and also provide information
that enables the national authorities of that country to identify the
manufacturer and serial number so that the authorities concerned can identify
and trace each weapon.
8. To adopt where they do not exist and enforce, all the
necessary measures to prevent the manufacture, stockpiling, transfer and
possession of any unmarked or inadequately marked small arms and light
weapons.
9. To ensure that comprehensive and accurate records are
kept for as long as possible on the manufacture, holding and transfer of
small arms and light weapons under their jurisdiction. These records should
be organized and maintained in such a way as to ensure that accurate
information can be promptly retrieved and collated by competent national
authorities.
10. To ensure responsibility for all small arms and light
weapons held and issued by the State and effective measures for tracing such
weapons.
11. To assess applications for export authorizations according
to strict national regulations and procedures that cover all small arms and
light weapons and are consistent with the existing responsibilities of States
under relevant international law, taking into account in particular the risk
of diversion of these weapons into the illegal trade. Likewise, to establish
or maintain an effective national system of export and import licensing or
authorization, as well as measures on international transit, for the transfer
of all small arms and light weapons, with a view to combating the illicit
trade in small arms and light weapons.
12. To put in place and implement adequate laws, regulations
and administrative procedures to ensure the effective control over the export
and transit of small arms and light weapons, including the use of
authenticated end-user certificates and effective legal and enforcement
measures.
13. To make every effort, in accordance with national laws and
practices, without prejudice to the right of States to re-export small arms
and light weapons that they have previously imported, to notify the original
exporting State in accordance with their bilateral agreements before the
retransfer of those weapons.
14. To develop adequate national legislation or administrative
procedures regulating the activities of those who engage in small arms and
light weapons brokering. This legislation or procedures should include
measures such as registration of brokers, licensing or authorization of
brokering transactions as well as the appropriate penalties for all illicit
brokering activities performed within the State's jurisdiction and
control.
15. To take appropriate measures, including all legal or
administrative means, against any activity that violates a United Nations
Security Council arms embargo in accordance with the Charter of the United
Nations.
16. To ensure that all confiscated, seized or collected small
arms and light weapons are destroyed, subject to any legal constraints
associated with the preparation of criminal prosecutions, unless another form
of disposition or use has been officially authorized and provided that such
weapons have been duly marked and registered.
17. To ensure, subject to the respective constitutional and
legal systems of States, that the armed forces, police or any other body
authorized to hold small arms and light weapons establish adequate and
detailed standards and procedures relating to the management and security of
their stocks of these weapons. These standards and procedures should, inter
alia, relate to: appropriate locations for stockpiles; physical security
measures; control of access to stocks; inventory management and accounting
control; staff training; security, accounting and control of small arms and
light weapons held or transported by operational units or authorized
personnel; and procedures and sanctions in the event of thefts or loss.
18. To regularly review, as appropriate, subject to the
respective constitutional and legal systems of States, the stocks of small
arms and light weapons held by armed forces, police and other authorized
bodies and to ensure that such stocks declared by competent national
authorities to be surplus to requirements are clearly identified, that
programmes for the responsible disposal, preferably through destruction, of
such stocks are established and implemented and that such stocks are
adequately safeguarded until disposal.
19. To destroy surplus small arms and light weapons designated
for destruction, taking into account, inter alia, the report of the
Secretary-General of the United Nations on methods of destruction of small
arms, light weapons, ammunition and explosives (S/2000/1092) of 15 November
2000.
20. To develop and implement, including in conflict and
post-conflict situations, public awareness and confidence-building programmes
on the problems and consequences of the illicit trade in small arms and light
weapons in all its aspects, including, where appropriate, the public
destruction of surplus weapons and the voluntary surrender of small arms and
light weapons, if possible, in cooperation with civil society and
non-governmental organizations, with a view to eradicating the illicit trade
in small arms and light weapons.
21. To develop and implement, where possible, effective
disarmament, demobilization and reintegration programmes, including the
effective collection, control, storage and destruction of small arms and
light weapons, particularly in post-conflict situations, unless another form
of disposition or use has been duly authorized and such weapons have been
marked and the alternate form of disposition or use has been recorded, and to
include, where applicable, specific provisions for these programmes in peace
agreements.
22. To address the special needs of children affected by armed
conflict, in particular the reunification with their family, their
reintegration into civil society, and their appropriate rehabilitation.
23. To make public national laws, regulations and procedures
that impact on the prevention, combating and eradicating of the illicit trade
in small arms and light weapons in all its aspects and to submit, on a
voluntary basis, to relevant regional and international organizations and in
accordance with their national practices, information on, inter alia, (a)
small arms and light weapons confiscated or destroyed within their
jurisdiction; and (b) other relevant information such as illicit trade routes
and techniques of acquisition that can contribute to the eradication of the
illicit trade in small arms and light weapons in all its aspects.
At the regional level
24. To establish or designate, as appropriate, a point of
contact within subregional and regional organizations to act as liaison on
matters relating to the implementation of the Programme of Action.
25. To encourage negotiations, where appropriate, with the aim
of concluding relevant legally binding instruments aimed at preventing,
combating and eradicating the illicit trade in small arms and light weapons
in all its aspects, and where they do exist to ratify and fully implement
them.
26. To encourage the strengthening and establishing, where
appropriate and as agreed by the States concerned, of moratoria or similar
initiatives in affected regions or subregions on the transfer and manufacture
of small arms and light weapons, and/or regional action programmes to
prevent, combat and eradicate the illicit trade in small arms and light
weapons in all its aspects, and to respect such moratoria, similar
initiatives, and/or action programmes and cooperate with the States concerned
in the implementation thereof, including through technical assistance and
other measures.
27. To establish, where appropriate, subregional or regional
mechanisms, in particular trans-border customs cooperation and networks for
information-sharing among law enforcement, border and customs control
agencies, with a view to preventing, combating and eradicating the illicit
trade in small arms and light weapons across borders.
28. To encourage, where needed, regional and subregional
action on illicit trade in small arms and light weapons in all its aspects in
order to, as appropriate, introduce, adhere, implement or strengthen relevant
laws, regulations and administrative procedures.
29. To encourage States to promote safe, effective stockpile
management and security, in particular physical security measures, for small
arms and light weapons, and to implement, where appropriate, regional and
subregional mechanisms in this regard.
30. To support, where appropriate, national disarmament,
demobilization and reintegration programmes, particularly in post-conflict
situations, with special reference to the measures agreed upon in paragraphs
28 to 31 of this section.
31. To encourage regions to develop, where appropriate and on
a voluntary basis, measures to enhance transparency with a view to combating
the illicit trade in small arms and light weapons in all its aspects.
At the global level
32. To cooperate with the United Nations system to ensure the
effective implementation of arms embargoes decided by the United Nations
Security Council in accordance with the Charter of the United Nations.
33. To request the Secretary-General of the United Nations,
within existing resources, through the Department for Disarmament Affairs, to
collate and circulate data and information provided by States on a voluntary
basis and including national reports, on implementation by those States of
the Programme of Action.
34. To encourage, particularly in post-conflict situations,
the disarmament and demobilization of ex-combatants and their subsequent
reintegration into civilian life, including providing support for the
effective disposition, as stipulated in paragraph 17 of this section, of
collected small arms and light weapons.
35. To encourage the United Nations Security Council to
consider, on a case-by-case basis, the inclusion, where applicable, of
relevant provisions for disarmament, demobilization and reintegration in the
mandates and budgets of peacekeeping operations.
36. To strengthen the ability of States to cooperate in
identifying and tracing in a timely and reliable manner illicit small arms
and light weapons.
37. To encourage States and the World Customs Organization, as
well as other relevant organizations, to enhance cooperation with the
International Criminal Police Organization (Interpol) to identify those
groups and individuals engaged in the illicit trade in small arms and light
weapons in all its aspects in order to allow national authorities to proceed
against them in accordance with their national laws.
38. To encourage States to consider ratifying or acceding to
international legal instruments against terrorism and transnational organized
crime.
39. To develop 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.
40. To encourage the relevant international and regional
organizations and States to facilitate the appropriate cooperation of civil
society, including non-governmental organizations, in activities related to
the prevention, combat and eradication of the illicit trade in small arms and
light weapons in all its aspects, in view of the important role that civil
society plays in this area.
41. To promote dialogue and a culture of peace by encouraging,
as appropriate, education and public awareness programmes on the problems of
the illicit trade in small arms and light weapons in all its aspects,
involving all sectors of society.
III. Implementation, international cooperation and assistance
1. We, the States participating in the Conference,
recognize that the primary responsibility for solving the problems associated
with the illicit trade in small arms and light weapons in all its aspects
falls on all States. We also recognize that States need close international
cooperation to prevent, combat and eradicate this illicit trade.
2. States undertake to cooperate and to ensure
coordination, complementarity and synergy in efforts to deal with the illicit
trade in small arms and light weapons in all its aspects at the global,
regional, subregional and national levels and to encourage the establishment
and strengthening of cooperation and partnerships at all levels among
international and intergovernmental organizations and civil society,
including non-governmental organizations and international financial
institutions.
3. States and appropriate international and regional
organizations in a position to do so should, upon request of the relevant
authorities, seriously consider rendering assistance, including technical and
financial assistance where needed, such as small arms funds, to support the
implementation of the measures to prevent, combat and eradicate the illicit
trade in small arms and light weapons in all its aspects as contained in the
Programme of Action.
4. States and international and regional organizations
should, upon request by the affected States, consider assisting and promoting
conflict prevention. Where requested by the parties concerned, in accordance
with the principles of the Charter of the United Nations, States and
international and regional organizations should consider promotion and
assistance of the pursuit of negotiated solutions to conflicts, including by
addressing their root causes.
5. States and international and regional organizations
should, where appropriate, cooperate, develop and strengthen partnerships to
share resources and information on the illicit trade in small arms and light
weapons in all its aspects.
6. With a view to facilitating implementation of the
Programme of Action, States and international and regional organizations
should seriously consider assisting interested States, upon request, in
building capacities in areas including the development of appropriate
legislation and regulations, law enforcement, tracing and marking, stockpile
management and security, destruction of small arms and light weapons and the
collection and exchange of information.
7. States should, as appropriate, enhance cooperation,
the exchange of experience and training among competent officials, including
customs, police, intelligence and arms control officials, at the national,
regional and global levels in order to combat the illicit trade in small arms
and light weapons in all its aspects.
8. Regional and international programmes for specialist
training on small arms stockpile management and security should be developed.
Upon request, States and appropriate international or regional organizations
in a position to do so should support these programmes. The United Nations,
within existing resources, and other appropriate international or regional
organizations should consider developing capacity for training in this
area.
9. States are encouraged to use and support, as
appropriate, including by providing relevant information on the illicit trade
in small arms and light weapons, Interpol's International Weapons and
Explosives Tracking System database or any other relevant database that may
be developed for this purpose.
10. States are encouraged to consider international
cooperation and assistance to examine technologies that would improve the
tracing and detection of illicit trade in small arms and light weapons, as
well as measures to facilitate the transfer of such technologies.
11. States undertake to cooperate with each other, including
on the basis of the relevant existing global and regional legally binding
instruments as well as other agreements and arrangements, and, where
appropriate, with relevant international, regional and intergovernmental
organizations, in tracing illicit small arms and light weapons, in particular
by strengthening mechanisms based on the exchange of relevant
information.
12. States are encouraged to exchange information on a
voluntary basis on their national marking systems on small arms and light
weapons.
13. States are encouraged, subject to their national
practices, to enhance, according to their respective constitutional and legal
systems, mutual legal assistance and other forms of cooperation in order to
assist investigations and prosecutions in relation to the illicit trade in
small arms and light weapons in all its aspects.
14. Upon request, States and appropriate international or
regional organizations in a position to do so should provide assistance in
the destruction or other responsible disposal of surplus stocks or unmarked
or inadequately marked small arms and light weapons.
15. Upon request, States and appropriate international or
regional organizations in a position to do so should provide assistance to
combat the illicit trade in small arms and light weapons linked to drug
trafficking, transnational organized crime and terrorism.
16. Particularly in post-conflict situations, and where
appropriate, the relevant regional and international organizations should
support, within existing resources, appropriate programmes related to the
disarmament, demobilization and reintegration of ex-combatants.
17. With regard to those situations, States should make, as
appropriate, greater efforts to address problems related to human and
sustainable development, taking into account existing and future social and
developmental activities, and should fully respect the rights of the States
concerned to establish priorities in their development programmes.
18. States, regional and subregional and international
organizations, research centres, health and medical institutions, the United
Nations system, international financial institutions and civil society are
urged, as appropriate, to develop and support action-oriented research aimed
at facilitating greater awareness and better understanding of the nature and
scope of the problems associated with the illicit trade in small arms and
light weapons in all its aspects.
IV. Follow-up to the United Nations Conference on the Illicit Trade in
Small Arms and Light Weapons in All Its Aspects
1. We, the States participating in the United Nations
Conference on the Illicit Trade in Small Arms and Light Weapons in All Its
Aspects, recommend to the General Assembly the following agreed steps to be
undertaken for the effective follow-up of the Conference:
(a) To convene a conference no later than 2006 to review progress made in
the implementation of the Programme of Action, the date and venue to be
decided at the fifty-eighth session of the General Assembly;
(b) To convene a meeting of States on a biennial basis to consider the
national, regional and global implementation of the Programme of
Action;
(c) To undertake a United Nations study, within existing resources, for
examining the feasibility of developing an international instrument to
enable States to identify and trace in a timely and reliable manner illicit
small arms and light weapons;
(d) To consider further steps to enhance international cooperation in
preventing, combating and eradicating illicit brokering in small arms and
light weapons.
2. Finally, we, the States participating in the United Nations Conference
on the Illicit Trade in Small Arms and Light Weapons in All Its
Aspects:
(a) Encourage the United Nations and other appropriate international and
regional organizations to undertake initiatives to promote the
implementation of the Programme of Action;
(b) Also encourage all initiatives to mobilize resources and expertise to
promote the implementation of the Programme of Action and to provide
assistance to States in their implementation of the Programme of
Action;
(c) Further encourage non-governmental organizations and civil society to
engage, as appropriate, in all aspects of international, regional,
subregional and national efforts to implement the present Programme of
Action.
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