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.
|