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2006 UN Review Conference on Small Arms and Light Weapons : questions and answers
23-06-2006
New York, 26 June - 7 July 2006.
1. What are small arms and light weapons?
The term " small arms " refers to assault rifles, machine guns, hand grenades and other weapons designed for military use by an individual combatant .
The term " light weapons " refers to portable weapons designed for use by several persons serving as crew, such as heavy machine-guns, mounted grenade-launchers, portable anti-aircraft guns, portable anti-tank guns, portable launchers of anti-tank missil es, and mortars.
2. Why is small arms proliferation a humanitarian concern?
As weapons have become more easily available, the promotion of respect for international humanitarian law has become vastly more difficult. The unregulated availability of weapons, in particular small arms and light weapons, to groups with no knowledge or respect for international humanitarian law has outpaced efforts to ensure compliance with the basic rules of warfare and has led to a deteriorating situation for civilians caught up in armed conflicts. Studies show that the number of civilian casualties in wars has increased dramatically since the First World War. Indeed, civilian deaths outnumber those of combatants in many of today's ethnic and other internal conflicts.
The widespread availability of arms not only makes conflict much more lethal, it also obstructs relief efforts and hinders the reconstruction of society once fighting ends. Disease, starvation and abuse increase when humanitarian workers must suspend their work or leave the country altogether owing to security incidents. Suffering can continue for years after the end of conflict as easy access to weapons fuels continued violence, undermines the rule of law and impedes reconciliation between the former warring parties.
3. What is the UN Programme of Action on Small Arms?
At the UN Conference on the Illicit Trade in Small Arms and Light Weapons in July 2001, States adopted a Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects. While not a legally binding agreement, the Programme of Action encourages governments to take a variety of measures to exert better control over small arms and light weapons, primarily on the national level.
These include stricter controls on arms production and transfers, effective management and security of weapons stockpiles, the implementation of disarmament, demobilization and reintegration programmes in post-conflict situations, measures against violations of UN arms embargoes, and the development of legislation to regulate arms brokering activities. The Programme of Action does not seek to prohibit any specific weapon.
4. What is the 2006 Review Conference on the UN Programme of Action on Small Arms about?
Five years after the adoption of the UN Programme of Action, the Review Conference is the first opportunity to examine its implementation. The Conference takes place at the UN Headquarters in New York from 26 June to 7 July 2006.
It is expected that States will agree on a strategy outlining national, regional and international measures to be taken to support future implementation of the Programme of Action. The outcome of the Review Conference will largely determine how the global efforts to prevent unregulated arms availability develop in the years to come.
5. Has the Programme of Action made a difference?
It is clear that, in the context of the Programme of Action, progress has been made in establishing a variety of mechanisms and norms which can produce long term benefits. States, international organizations and NGOs have in recent years invested considerable resources in research and practical projects aimed at reducing the unregulated availability of small arms and its negative effects on communities.
However, we are still far from being able to conclude that the Programme of Action has saved lives on the ground or led to an overall reduction in the availability of illicit arms. It has become evident that there are additional issues that must be addressed if States are to effectively prevent the widespread proliferation and misuse of small arms and light weapons.
To ensure effective regulation, global controls on arms brokering activities and agreed standards for international arms transfers are needed to complement the Programme of Action. A more comprehensive approach to the prevention of small-arms violence will also require increased efforts to influence the behaviour of those who bear weapons and to reduce the vulnerability of the victims. Greater emphasis should also be put on developing evidence-based armed violence prevention and reduction strategies.
6. What results would the ICRC like to see from the Review Conference?
The stated objective of the Programme of Action is " to reduce the human suffering caused by the illicit trade in small arms and light weapons in all its aspects " . This should be the basis for reviewing the implementation and effectiveness of the Programme of Action.
However, many of the provisions of the UN Programme of Action are of a general nature. This poses a challenge to its effective implementation and makes it difficult to determine the extent to which progress is being made. The Review Conference should therefore elaborate further on existing provisions to guide implementation in key areas.
Four key areas in which we would like to se e the Review Conference develop stronger measures are:
The definition of common standards for arms transfer decision-making: The Programme of Action calls on States to " assess applications for export authorizations according to strict national regulations and procedures (...) consistent with the existing responsibilities of States under relevant international law (...) " and to " establish and maintain an effective national system of export and import licensing or authorization " . Because this provision gives rise to a broad range of interpretations, the Review Conference should identify the key elements to be included in an effective national transfer control system and the international legal responsibilities of States that are relevant to arms transfers. These should include States'obligation to “respect and ensure respect " for international humanitarian law, as affirmed by States Parties to the Geneva Conventions in the Agenda for Humanitarian Action adopted at the 2003 International Conference of the Red Cross and Red Crescent. More precise requirements in this area would facilitate the harmonization of national regulations and contribute to more consistent arms transfer decision-making among States.
An increased commitment to prevent illicit arms brokering: The role that certain unscrupulous arms brokers play in facilitating illicit weapons transfers into conflict areas where persistent and grave violations of international humanitarian law occur has been well documented. Putting an end to the activities of those who orchestrate illicit small arms transfers by taking advantage of loopholes and inconsistencies in national and regional laws and control mechanisms is at the very core of what the Programme of Action was designed to do. We welcome the decision of the UN General Ass embly to establish a Group of Governmental Experts to consider further steps in this area after the Review Conference. However, the Review Conference should already agree that effective global controls on arms brokers are needed and also support more robust measures at the national and regional levels to prevent illicit arms brokering.
Reducing the demand for small arms and light weapons: Unless a reduction in the demand for small arms can be achieved, attempts to better control their supply are likely to be only partially successful. The Programme of Action calls for " combating this trade simultaneously from both a supply and demand perspective " . However, measures on the demand side by which this commitment can be implemented in practice should be further elaborated by the Review Conference. These may include the development of comprehensive violence prevention strategies, which address the factors that lead to armed violence in specific settings. In areas where the demand for weapons is a response to public insecurity, a comprehensive approach may require enhanced support for effective and accountable public security and criminal justice systems.
Reducing the misuse of weapons: Small arms and light weapons do have legitimate uses, including for national defence and law enforcement, but greater efforts must be made to ensure that they are in fact employed in accordance with international humanitarian law and human rights law. At the International Conference of the Red Cross and Red Crescent in 2003, States party to the Geneva Conventions acknowledged the importance of capacity-building in this area as an integral element in reducing the human suffering resulting from the uncontrolled availability and misuse of small arms. The Review Conference should support further efforts to ensure that international norms governing the use of weapons are better know n, applied and respected by all bearers of weapons, be they state or non-state actors.
7. What is the relationship between the Small Arms Review Conference and the proposal advanced by a number of governments and NGOs for an international arms trade treaty? What is the ICRC's position on this proposal?
While the development of common standards for transfers of small arms and light weapons will be discussed at the Review Conference, the proposal for an Arms Trade Treaty covering transfers of all conventional weapons is being advanced outside the UN small arms process. The United Kingdom has announced its intention to take this latter initiative forward at the UN General Assembly in late 2006.
To ensure consistent standards for arms transfer decision-making among States, the ICRC supports the proposal to develop common standards for arms transfers at the global level, including in the form of a legally-binding agreement. Any international arms transfer agreements developed must take full account of States'existing obligations under international humanitarian law by establishing a requirement for States to assess the recipient's likely respect for humanitarian law and not to authorize arms transfers which are likely to be used for serious violations of humanitarian law.
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