asdf asdf "Addressing the issue of small arms requires us to go beyond measures for arms control. It Small Arms needs to be an integral part of a wider spectrum, covering conflict and security, armed violence and crime, trade and human rights, health and development. In crisis and post-conflict situations, we need to focus not and only on basic reduction and control measures, but equally on alternative, sustainable Light Weapons livelihoods, taking into account the crucial aspects of gender and age. All our peacebuilding efforts need to include ways to address small arms, as do broader national development plans in all countries affected by this scourge." Ban Ki-moon United Nations Secretary-General SELECTED UNITED NATIONS DOCUMENTS 2008 Edition Published by the United Nations Office for Disarmament Affairs asdf Sales No. E.08.IX.7 ISBN 978-92-1-142264-1 08-34616—July 2008—3,000 United Nations H U N ELPFUL NITED ATIONS PUBLICATIONS AND OTHER RESOURCES United Nations Disarmament Yearbook Chapter III (Part II) (forthcoming August 2008) of this flagship annual publication of UNODA includes a review of small arms and light weapons proceedings, activities and initiatives that took place during the year. Volume 32 (Part I): 2007, containing SALW resolutions and related information, is available in electronic format at: http://disarmament.un.org/e-yearbook.html UNODA UPDATE: News Links This electronic newsletter, issued four times a year, gives updated information on the activities of UNODA in all relevant areas of disarmament, including small arms. Available at: http://disarmament.un.org/update/index.html United Nations Institute for Disarmament Research (UNIDIR) International Assistance for Implementing the UNPoA on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects: Case Study of East Africa, Maze, K. & Rhee, H., July 2007 (available in English, French and Spanish) International Assistance for Implementing the PoA to Prevent, Combat and Eradicate the Illicit Trade in SALW in All Its Aspects: Findings of a Global Survey, K. Maze & S. Parker, December 2006 Developing a Mechanism to Prevent Illicit Brokering in Small Arms and Light Weapons—Scope and Implications, UNIDIR et al., January 2007 Disarmament Forum, “Taking Action on Small Arms”, no. 4, 2005 and no. 1, 2006 Available at: www.unidir.ch See the official site of the Third Biennial Meeting of States, 14-18 July 2008: http://disarmament.un.org/cab/bms3/1thirdBMS.html asdf Small Arms and Light Weapons SELECTED UNITED NATIONS DOCUMENTS 2008 Edition asdf United Nations GUIDE TO THE USER The United Nations Office for Disarmament Affairs (UNODA) is publishing the 2008 Edition of Small Arms and Light Weapons: Selected United Nations Documentsas a convenient collection of key international instru- ments relating to the issue of small arms and light weapons at the United Nations, as well as the most recent documentation from the Security Council and the General Assembly relevant to the subject. The user is advised to consult the 2004 and 2005 editions for a complete package of United Nations doc- umentation on the subject since the convening of the United Nations Conference on the Illicit Trade in Small Arms in July 2001. The publication is being issued in print and electronic formats and is intended as a handy reference tool for diplomats and other Government officials, regional and subregional bodies, the United Nations system, specialized non-governmental organizations, research institutes, educators and students, and the general pub- lic. United Nations documents can be accessed in all languages through http://ods.un.org. This publication, and the 2004 and 2005 editions, are available electronically (pdf versions) at UNODA’s SALW website: http://disarmament.un.org/cab/salw UNITED NATIONS PUBLICATION Sales No. E.08.IX.7 ISBN 978-92-1-142264-1 Copyright © United Nations, 2008 All rights reserved Printed in the United Nations, New York Contents Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v Chapter I: International instruments Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (A/CONF.192/15) . . . . . . . . . . . . . . . . . . . 3 International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons . . . . . . . . . . . . . . . . . . . . . . . . . 18 Firearms Protocol 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 (A/RES/55/255) . . . . . . . . . . . . . . . . . . . . . . . . 26 Chapter II: Security Council Report of the Secretary-General to the Security Council on the subject of small arms (S/2008/258) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Statement by the President of the Security Council on the subject of small arms (S/PRST/2007/24) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Chapter III: General Assembly Report of the Group of Governmental Experts established pursuant to General Assembly resolution 60/81 to consider further steps to enhance international cooperation in preventing, combating and eradicating illicit brokering in small arms and light weapons (A/62/163) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Resolutions Resolution adopted by the 62nd General Assembly session on the illicit trade in small arms and light weapons in all its aspects (A/RES/62/47) . . . . . . . . . . . . . . . 88 Resolution adopted by the 62nd General Assembly session on assistance to States for curbing the illicit traffic in small arms and light weapons and collecting them (A/RES/62/22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Resolution adopted by the 61st General Assembly session on consolidation of peace through practical disarmament measures (A/RES/61/76) . . . . . . . . . . . . . . . 94 Resolution adopted by the 60th General Assembly session on addressing the negative humanitarian and development impact of the illicit manufacture, transfer and circulation of small arms and light weapons and their excessive accumulation (A/RES/60/68) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 iii Foreword The international community’s concern with the illicit trade in small arms and light weapons (SALW) derives from the recognition that illicit SALW have a major adverse human- itarian impact that cannot be ignored. Small arms play a prominent role in all present-day conflicts, resulting in thousands of deaths and the displacement of millions of people; the proliferation of illicit SALW threatens to disrupt peacebuilding and development efforts; and it is small arms that are used by criminal gangs that spread insecurity and fear in our cities. I am encouraged by the progress made in the fight against the proliferation of illicit SALW subsequent to the 2001 United Nations Conference that adopted the Programme of Action on the illicit trade in SALW. But I am also aware that the task is a prolonged one. The issue connects security, development, health, trade, human rights and other fields, thus mak- ing coherent approaches particularly challenging. In publishing this booklet to coincide with the July 2008 3rd Biennial Meeting of States to review the implementation of the Programme of Action, the Office for Disarmament Affairs hopes to make another small contribution towards the success of that effort. This updated publication includes documents which have covered new ground recently, such as the 2007 report by the United Nations Expert Group on illicit brokering in small arms, and the 2008 Secretary-General’s report on small arms to the Security Council. It is also our hope that this resource raises further awareness of the problem of SALW and enhances understanding of the role of the United Nations in this crucial matter. Sergio Duarte High Representative for Disarmament Affairs v Chapter I International instruments Chapter I International instruments Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (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 devel- opment 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 vic- tims 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 stress- ing the urgency of international efforts and cooperation aimed at combating this trade simul- taneously from both a supply and demand perspective, 3 SMALL ARMS AND LIGHT WEAPONS: SELECTED UNITED NATIONS DOCUMENTS 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 partic- ular situation of peoples under colonial or other forms of alien domination or foreign occu- pation, 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 independ- ent States conducting themselves in compliance with the principles 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 multifaceted and involves, inter alia, security, conflict prevention and resolu- tion, 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 erad- icate 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,1 1 See the annex for regional and subregional initiatives. 4