Focus Newsletter No 6, October 2003



	Contents Editorial Kenya destroys 35,000 anti-personnel landmines Rwanda forges ahead with the implementation of the Nairobi Declaration Small arms and terrorism The Identification and Handling of Firearms and Explosives - SARPCCO Workshop Report Weapons in Southern Africa Ghana: New partnership for small arms implementation Implementing the United Nations Small Arms Programme of Action - Brazzaville Seminar Report Editorial Focusing on peace and security issues, including the easy availability of weapons in Africa, the Second African Union Summit of Heads of State and Government in Maputo in July 2003 considered a draft Common African Defence Policy (CADP). They agreed with the AU Executive Council’s recommendations that there should be further consultations on the document with all stakeholders, with a view to finalising it at the next summit in July 2004. According to the draft CADP, “the issue of small arms and light weapons has gained tremendous international attention in recent years largely because of their devastating impact on populations, particularly in developing countries. Africa has, however, taken the lead both at the regional and international levels to promote the ban on the proliferation of such weapons. The most remarkable of these efforts was the Bamako Declaration on an African Common Position on the Illicit Proliferation, Circulation and Trafficking of SALW adopted by the Council of Ministers of OAU in December 2000. The Declaration provides a comprehensive basis for addressing the issue of small arms and light weapons. In this context, Member States undertook to identify, seize, and destroy illicit weapons and to put in place measure to control the circulation, possession, transfer and use of small arms and light weapons. They also recommended at the regional level, the establishment of national coordination agencies or bodies that will be responsible for policy guidance, research, and monitoring, control, circulation of SALW, and the need to strengthen regional and continental cooperation among police, customs, and border control services to address illicit trafficking in SALW”1. The precarious political situation in the continent has introduced a set of security challenges such as the problem of child combatants, small arms proliferation and the wide spread presence of landmines. These issues, and others, such as disarmament, demobilization and reintegration and management of refugees have to be included within defence and security policy initiatives. The draft CADP maintains that “anti-personnel mines have proven to be extraordinarily catastrophic with severe human and socio-economic consequences. Africa accounts for more than a third of the total number of anti-personnel mines found around the globe”.2 The draft CADP is being consulted upon and developed by the Peace and Security Commission. After completion the newly elected Peace and Security Council (PSC) will be responsible for its implementation. The PSC consists of 15 elected Member States. They will operate at the level of permanent representatives (ambassadors), foreign ministers and heads of state. The task of the PSC will be to promote peace, security and stability in Africa. It will promote and encourage democratic practices, good governance and the rule of law, promote human rights and fundamental freedoms, respect for the sanctity of human life and international law. A Defence Policy is seen to be the most potent instrument towards peace and security in Africa.3 African Union, draft Common African Defence Policy (CADP), 2003, pg. 16 African Union, draft Common African Defence Policy (CADP), 2003, pg. 17 Jakkie Cilliers, From Durban to Maputo, 2003, pg. 7 Kenya destroys 35,000 anti-personnel landmines The Kenyan Assistant Minister for Security, Stephen Tarus, announced in August that the country had completed the destruction of 35,774 anti-personnel landmines in a “controlled and environmentally friendly detonation”. Dr Chris Murungaru, National Security Minister, said during the destruction process that the government would retain only 3,000 assorted anti-personnel mines for training and research purposes. He added that Kenya recognises the Ottawa Treaty to ban mines, “part of the international response to the humanitarian crisis caused by the global proliferation of anti-personnel mines”. Dr Murungaru said Kenya signed the treaty prohibiting the use, stockpiling and transfer of anti-personnel mines on 5 December 1997 and ratified it on 23 January 2001. The Minister said that in order to promote openness and confidence that the Ottawa Treaty was being implemented, the Kenyan government would continue providing the United Nations Secretary-General with an annual report concerning the action it has taken on landmines. “Landmines cannot distinguish between the soldiers and civilians, they kill or maim a child playing football just as readily as a soldier on patrol. In post-conflict situations, it is most often the civilian going about his or her daily activities who is likely to be the unfortunate victims,” Murungaru said. In July this year, two Kenyan police officers were killed and six others seriously injured in a landmine explosion in the northern Mandera district, bordering war-torn Somalia and southern Ethiopia. Dr Murungaru said that in addition to the devastating impact on individual lives, mines also had severe social and economic consequences. “The presence of mines can leave large portions of the national territory unusable. Farmland, grazing pastures and other food producing areas may be rendered inaccessible and as a result the ability of a community to feed itself is impaired.” Sources: Mail & Guardian Online, 21 August 2003, IRIN news, 21 August 2003 The Nation (Kenya), 19 September 2003 Rwanda forges ahead with implementation of the Nairobi Declaration On 20 March 2003, the official launch of the Rwanda National Focal Point on Small Arms and Light Weapons was held in Kigali. Rwanda joined the growing list of countries that includes Uganda, Burundi, Kenya and Tanzania who have launched their focal points as mandated by the implementation plan of the Nairobi Declaration, and are officially recognised by the Nairobi Secretariat. Coming a few days after the third anniversary of the signing of the Nairobi Declaration and six months after the First Ministerial Review Conference (held in August 2003), the launch was a suitable platform to review progress and confront challenges. The launch raised a number of issues regarding challenges facing member states in implementing the various obligations as set out in the Nairobi Declaration. The first was the recognition that half of the remaining signatories to the Declaration had not met the deadline of the 26 October 2003 to launch national focal points, as mandated by the Review Conference. The second issue was with regard to the prerequisites for the recognition of national focal points. It was noted during the meeting that Rwanda has had an existing focal point for more than a year but it was neither recognized by the Nairobi Secretariat nor allowed to access funds to enable them to function properly. It was observed that there is a need for clear guidelines and rules of procedure regarding this matter, as failure to do so obscures the fact that many member states who pronounce the launch of focal points without recognition by the secretariat might be engaged in very important anti-proliferation activities that might require support. Thus the Nairobi Secretariat needs to specify what and who qualifies as an operational focal point. The other crucial issue that was raised was the apparent failure to build effective communication networks between member states and civil society groups, amongst member states themselves and between member states and the Nairobi Secretariat. This hinders effective communication on activities underway to deal with the problem of proliferation in the region. The meeting also raised the issue of member state’s lack of adequate institutional capacity and lack of skilled human and financial resources necessary for the implementation of the national and regional obligations. The launch meeting concluded by urging the Nairobi Secretariat to harmonize mechanisms for the implementation of the Agenda for Action by National Focal Points. Other issues recommended included, co-operation between signatories to the Declaration and civil society groups on activities such as awareness raising, national focal points presenting project proposals to the Secretariat for possible donor funding, and national focal points playing a role in training and capacity building by presenting their training needs to the Nairobi Secretariat. The launch of the Rwanda focal point revealed that although much progress has been made in realizing the objectives of the Declaration much still needs to be done. Small Arms and terrorism The Horn of Africa has been plagued by both interstate and intrastate conflicts for decades. More recently, the Horn has become an area of focus for anti-terrorism activities; following bomb attacks in Nairobi and Dar-es-Salaam in 1998 and Mombasa in 2002. Terrorism, according to the AU Plan of Action (PoA) on the Prevention and Combating of Terrorism, is a violent form of transnational crime that exploits the limits of the territorial jurisdiction of states, differences in governance systems and judicial procedures, porous borders, and the existence of informal and illegal trade and financing networks. The PoA, adopted in September 2002, recognises that severe conditions such as poverty and deprivation, as experienced by large sections of the African population, provide a fertile breeding ground for terrorist acts. It also acknowledges that few governments in Africa are in a position to mobilise the requisite resources to combat this threat. According to the PoA, resource mobilisation is essential to ensure the effectiveness in the battle against terrorism. There is a clear link between terrorism and the easy availability of small arms in the region, as small arms become instruments for executing terrorist acts. African countries have not been watching the problem helplessly, but have been continuously involved in taking steps to counter the proliferation of arms, particularly small arms and light weapons. Among the agreements they have entered into, are: Southern African Development Community (SADC) Declaration and Protocol on Firearms and Ammunition and its Implementation Programme of August 2000; The Djibouti Declaration of the Countries of the Horn of Africa and the Gulf of Aden on Antipersonnel Landmines, of 18 November 2000; The Nairobi Declaration of the countries of Great Lakes and the Horn of Africa regions of 15 March 2000; The Economic Community of West African States (ECOWAS) Moratorium of 31 October 1998; and The Bamako Declaration on an African Common Position on the Illicit Proliferation, circulation and Trafficking of Small Arms and Light Weapons of 01 December 2000. In addition, all countries in Africa supported the adoption of the United Nations Programme of Action to Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, in July 2001, and participated in the first Biennial Meeting of States, held in July 2003. Research carried out in Somalia and regions of northern Kenya on resource-based conflict management strategies for Somalia reveal a variety of factors as the root causes for the demand for small arms in the Horn of Africa. These include individual security, resource competition, political instability, and cattle rustling, among others. Numerous actors have alluded to the fact that there should be participation and compliance by all actors (national and international) against SALW proliferation. Key to the genuine struggle are transparency, stronger controls, voluntary weapons collection and destruction programmes, and greater cooperation between the international community and Africa. Terrorism and small arms and light weapons in Africa are intrinsically linked. Small arms play a paramount role in orchestrating terrorist acts. Against this backdrop, national and international players are pulling together in the fight against small arms. Identification and Handling of Firearms and Explosives: SARPCCO Workshop Report The Institute for Security Studies (ISS) facilitated a training workshop for member countries of the Southern African Police Chiefs Co-operation Organisation (SARPCCO)in June 2003 in Pretoria, South Africa. The objective of the workshop was to increase the knowledge and competence of serious crime investigators and police officers at crime scenes in the safe handling of firearms and explosives. All SARPCCO member countries sent representatives, except Angola. The facilitators and resource persons came from the Arms Management Programme of the Institute for Security Studies (ISS), the South African Police Service (SAPS) and the Namibian Police. The agenda consisted of: An overview of international and regional instruments on the identification and handling of firearms and explosives, including the SADC Firearms Protocol, the UN Firearms Protocol, the UN Small Arms Programme of Action, the Convention on the Marking of Plastic Explosives for the Purpose of Identification (Montreal Convention 1991) and the International Convention for the Suppression of Terrorist Bombings. In addition a brief overview was provided on the work of various UN Groups of Governmental Experts who are studying the problem from a global perspective. An introduction to the identification and handling of firearms, including types of firearms, their characteristics and their safe handling. An introduction to the identification and handling of explosives, including types, characteristics and their safe-handling both in general and at a crime scene. Practical demonstrations in the identification and handling of firearms, munitions and explosive devices. Firearm and explosive transport - the parking and fuelling of motor vehicles loaded with firearms and explosives. After the training part of the workshop, discussion of regional and national needs took place. A set of recommendations to be taken forward was drafted, reproduced below: Recommendations of the First SARPCCO Training Workshop on the Identification and Handling of Firearms and Explosives 9-11 June 2003, Pretoria, South Africa: After considering the SADC Protocol on the Control of Firearms, Ammunition and other Related Materials (hereafter referred to as the SADC Protocol) as well as other relevant international instruments which aim to enhance the control of firearms and which have as their primary objective the combating of the illicit proliferation of small arms and light weapons, as well as the illicit manufacturing of, and trafficking in, explosives by criminals and their use for criminal purposes; After receiving an introduction to various aspects of identifying and handling firearms and explosives, including their safe handling at a crime scene; and After hearing the current situation in each SARPCCO country pertaining to, inter alia, small arms and light weapons, explosives and unexploded ordnance commonly found in the Southern African region resulting from past conflicts and illicit trade, as well as identifying the challenges faced by crime investigators and their training needs, the participants of this training workshop make the following recommendations: That: SARPCCO Member Countries, which have not yet computerized their record keeping systems do so as soon as possible, in accordance with Articles 7 and 16(b) of the SADC Protocol. SARPCCO Member Countries in a position to do so should assist other SARPCCO countries in the development of computerized and centralized record-keeping systems which maintain records of all firearms at each stage of their existence (manufacture, distribution, import, export, transit, possession, storage and destruction) and databases for explosives. The Interpol system should be used to disseminate information and respond to enquiries. SARPCCO Member Countries in a position to do so should assist each other in the destruction and disposal of surplus, redundant, obsolete, confiscated or unlicensed and voluntarily surrendered firearms and ammunition, in accordance with Articles 10 and 11 of the SADC Protocol, and explosives. Countries requiring assistance should approach countries able to assist with a formal request for assistance and keep the SARPCCO Secretariat informed. SARPCCO Member Countries should undertake to share information on existing national legislation and practices relating to firearms, ammunition, explosives and other relevant legislation. SARPCCO Member Countries should provide technical support to each other for the development and dissemination of materials to assist officials in training in areas such as forensic investigation, disposal of explosives, explosive devices, munitions and firearms, investigation of explosions and in the monitoring and inspection of commercial explosive-related activities. Training courses on the identification and handling of firearms and explosives be held both at an introductory and advanced level, including training of trainers, for the police authorities of SARPCCO Member Countries. The material being developed by the SARPCCO Training Sub-committee for cross-border operations was identified as a possible source for developing Standard Operating Procedures for the identification and handling of firearms and explosives. SARPCCO Member Countries should establish multi-disciplinary law enforcement units for preventing, combating and eradicating the illicit manufacturing of firearms, ammunition and other related materials and their excessive and destabilizing accumulation, trafficking, possession and use in accordance with Article 15(c) of the SADC Protocol. A manual and thesaurus on the identification of firearms, ammunition and explosives commonly found in the Southern Africa region be produced by SARPCCO and the Institute for Security Studies. This manual should be distributed to all role-players in the region and updated regularly. SARPCCO Member Countries, through the SARPCCO Permanent Coordinating Committee, should examine the feasibility of undertaking exchange programs between countries on criminal investigation and procedures related to firearms and explosives and to develop criteria for participation in such programs, in order to enhance uniformity in the investigation of these matters. The SARPCCO Legal Sub-committee develop Standard Operating Procedures on the marking and tracing of firearms and encourage cooperation in order to enable relevant authorities to trace sources, supply routes and diversion points of illicit firearms in a timely and reliable manner. SARPCCO assist in the organization of a Southern African Police Conference on a Regional Common Approach to the Management of Explosives and War Debris. SARPCCO urge the SADC Secretariat to utilize the existing Small Arms Committee to work with SARPCCO on the further implementation of the SADC Protocol and to advance the efforts of the SADC Mine Action Committee to dispose of unexploded ordnance in the SADC region. SARPCCO should endorse and assist in the organization of a Pan African Conference for Chief Inspectors of Explosives to be held in the near future and that uniformity be developed in legislation to address the management of explosives, explosive devices and explosive remnants of war and the transport of such items. SARPCCO Member Countries that have not yet done so should ratify and implement the SADC Protocol on the Control of Firearms, Ammunition and other Related Materials. SARPCCO undertake with the SADC Secretariat means of encouraging others, including customs, border guards, the military, the judiciary and other relevant agencies, as well as commercial manufacturers and regulatory bodies, to work with police authorities to build knowledge on issues related to firearms and explosives. In conclusion, the participants express their sincere appreciation to SARPCCO, the Institute for Security Studies and their donors for organizing this training workshop as well as the South African government and people for hosting the meeting in their country. The participants further expressed their deep appreciation to both the South African Police Service and the Namibian Police for acting as resource facilitators. Weapons in Southern Africa During the workshop on the identification and handling of firearms and explosives, participants were asked to list the weapons they most frequently recover in crime. There was some concern regarding the statistical correctness of the firearm lists reported by each participating country, as participants were only reporting in terms of their own experience and knowledge and not based on comprehensive national lists. Since the purpose of the exercise was to identify common problems and threats in various countries and not to prioritise the types of weapons found, statistical correctness was not required. South Africa, Lesotho, Namibia, Malawi, Zimbabwe and Botswana able to provide information. From the data gathered at the workshop it was possible to ascertain the following information: Zimbabwe is currently faced with a problem of toy weapons that are used in crimes. These weapons are visually indistinguishable from genuine firearms but the current law does not prohibit the possession of toy weapons. South Africa, Namibia, Malawi and Zimbabwe are faced with “home made” weapons that are designed to fire a 12-bore shotgun round. However, Botswana and Lesotho do not share this phenomenon. South Africa was the only country that reported a problem with LM4 and LM5 semiautomatic weapons. It should be noted that the LM4 and LM5 are produced in South Africa and appear characteristically similar to their fully automatic counterparts, the R4 and R5, also manufactured in South Africa. Private individuals and security services can legally possess the semiautomatic weapons, while the automatic weapons were produced exclusively for governmental use. Participants did not list one weapon that was identified as a general problem throughout the entire region. Some weapons were found to be a problem only in the countries that reported them. Significantly more variations of easily concealable weapons (handguns) were reported, while fewer models of weapons that are difficult to conceal were noted. 28 different makes and models of hand weapons were reported. This class of weapon incorporates pistols, revolvers and machine pistols. 18 other types of weapons were named. This class of weapon includes shotguns, rifles, assault rifles and submachine guns of various makes and models. From the survey it could be established that certain types of ammunition is more freely available than others. It would seem as if 9 x 19 mm rounds are more freely available than any other. This could probably account for the number of different makes and models that use this calibre of ammunition found in Southern Africa. Ghana: New partnership for small arms implementation The Foundation for Security and Development in Africa (FOSDA), in collaboration with the United Nations Development Programme (UNDP), United Nations Children’s Fund (UNICEF) and Action Aid, organised a three-day national consultation for 45 non-governmental organisations (NGOs) and security agencies from 10 regions of Ghana in Accra IN JUNE 2003. Among topics discussed, were: youth and conflicts in Ghana, the effects of small arms on the stability of the country, development and social life of the people, demobilisation, disarmament, the sources of small arms and how to control possession of the illicit arms. Participants expressed concerns about delays in operationalising the Ghana National Commission on Small Arms. In combating the proliferation of small arms, the Minister of Defence, Dr Kwame Addo Kufuor, said, the government of Ghana would aim to engage in a serious dialogue with manufacturers in order to encourage them to formalise and control their firearm manufacturing activities, encourage collaboration between gunsmiths and security agencies and keep registers of people who purchase firearms. The Minister of Defence, as well as the Minister of Interior, Hackman Owusu Agyeman, was present for the opening and the closing of the consultation. Participants adopted a Civil Society National Action Plan on the control of small arms. The plan undertakes, in the short term, to undertake educational campaigns to create awareness in all the regions of Ghana, through radio programmes, features in the press, seminars and public education. In the long term, further educational campaigns will be held for the youth, security agencies, and parliamentarians through specific workshops by interested organisations. Implementing the United Nations Small Arms Programme of Action - Brazzaville Seminar Report The United Nations organized a seminar on the Security Situation in Central Africa, in May 2003, in Brazzaville, Congo. This was a sub-regional seminar attended by member states of the Economic Community of Central African States (ECCAS)4, on the implementation of the United Nations Programme of Action to Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects. Also present were international observers and donors such as Japan, the United States, the International Monetary Fund (IMF), and the United Nations Development Programme (UNDP); and civil society participants, including the Institute for Security Studies (ISS), which supported the participation of civil society organizations at the meeting. The seminar participants developed a report, which outlined eight major principles that were re-examined and adopted by all as the official position of the ECCAS Member States in respect of the implementation of the UN Small Arms Programme of Action. At the sub-regional level, countries agreed to: Establish a national commission/structure in charge of coordinating all political efforts aimed at combating the proliferation of small arms; Collect and destroy illegal arms; Update, strengthen and circulate national laws and procedures governing the (possession/ownership), use, manufacture and sale of small arms; Strengthen the security machinery towards controlling the movement of small arms; Promote transparency in the control of small arms by establishing a register and database; Promote the role of the civil society in the fight against proliferation and illicit trade in small arms; Strengthen the cross border cooperation in controlling illicit trade in small arms; and Harmonise legislation and national administrative procedures on ownership, use, manufacture and sale of small arms. At the national level, the ECCAS countries agreed that they would establish national structures/commissions whose mandate will be to: Formulate strategies and programmes to counter the proliferation of small arms; Act as national institutions of reference in terms of coordination of activities; Sensitise the public on the danger of possessing illegal arms; Undertake research and in-depth studies on issues relating to small arms; Maintain permanent contacts with national structures of other countries, the sub-regional, regional and international organizations, on issues pertaining to light weapons; Carry out weapons collection programmes targeting illegal arms and surplus stocks; and Review, strengthen and circulate national administrative laws and procedures on possession, use, sale and manufacture of light weapons. Member States suggested that the National Commission should be comprised of the representatives from the ministries of Foreign Affairs, Interior, Security, Defence and Justice as well as representatives of civil society organizations. The ECCAS Member States also entered into an agreement pertaining to the collection and destruction of illicit and surplus weapons to: Create a stable environment that would facilitate post conflict reconstruction, by eliminating surplus weapons through voluntary weapons collection programmes; Encourage destruction of surplus weapons; Conceptualize and implement voluntary weapons collection programmes, including amnesties and compensations; Develop and carry out public awareness campaigns; Develop and encourage the use of cost effective methods of arms destruction; Work with peacekeeping missions in order to establish efficient strategies for controlling arms during peace processes; Involve the civil society in weapons collection campaigns and programmes. Concerning the implementation, strengthening and distribution of legislation and national administrative procedures on possession, use, manufacture and sale of small arms and light weapons, the Member States agreed to establish an effective licensing system for international import, export and transit of small arms and light weapons and to control the activities of intermediaries and brokers. With regard to cross border cooperation to counter the movement of illegal small arms, the Member States agreed on the following: To control border movements so as to impede movement of illegal arms and contraband goods; To organise joint operations on common borders to monitor illicit movement of small arms with the aim of confiscating them and tracking traffickers; To strengthen or put in place effective ways that will allow the police to monitor the transfers and movement of arms; To introduce a legal system with clear regulations at all entry and exit points; To initiate fact-finding studies relating to politics and security (particularly on small arms) along the borders, in order to understand the nature and gravity of the problem for better political decision making; To organise training sessions for border police and customs officers on the aspects such as: monitoring the certificates for end-users, adherence to arms embargos, information exchange and use of technology at the borders; To solicit donor assistance to support monitoring efforts at borders. Members further agreed that they could control small arms and light weapons by strengthening their security institutions. Through programmes on capacity building, the ECCAS Member States agreed that with the support of international organizations they would engage in training their armed forces, the security and the police on modern techniques of arms and munitions trade, and the prevailing laws. They also agreed to train the National Commission members and the civil society on issues of small arms proliferation. Members undertook to promote transparency in arms control by establishing a register and a databank. While on the role of the civil society in the fight against the proliferation and circulation of small arms, the participants agreed that NGOs could assist through: Public awareness campaigns meant to convince the public to surrender arms to the relevant authorities; Organizing intercommunity meetings among the public living along border towns and discuss issues relating to peaceful resolution of conflicts. They will also promote social dialogue in search of a common solution to the problems of insecurity and voluntary surrender of illegal weapons; Establishing an early warning system with the co-operation of the security forces in order to help detect areas of potential conflicts and accumulation of arms. It also became apparent that there was a desperate need to harmonise legislations and national administrative procedures on the possession, use, manufacture and sale of small arms. 4. ECCAS Member states are Angola, Burundi, Cameroon, Central African Republic, Congo, Democratic Republic of Congo (DRC), Gabon, Equatorial Guinee, Rwanda, Sao Tome and Principe and Chad.