Welcome to the first issue of Action on Small Arms in Southern Africa, a new newsletter jointly published by the Institute for Security Studies and Saferworld.

This newsletter aims to monitor, document and encourage action to tackle the proliferation of small arms in Southern Africa. It will be a contribution from civil society to the implementation of the Southern Africa Regional Action Programme on Light Arms and Illicit Trafficking.

Southern Africa is one of the regions in the world most devastated by the scourge of small arms. Whether used in the wars in Angola and the Democratic Republic of Congo, to commit gun crime in South Africa, or weapons left over from the war in Mozambique - small arms are one of the biggest causes of insecurity, under development and instability across the region.

The Institute for Security Studies and Saferworld have an ongoing project encouraging practical steps to address this issue. The project commenced in May 1998 when government officials from countries in the European Union (EU) and the Southern African Development Community (SADC) were brought together and agreed on the Southern Africa Regional Action Programme on Light Arms and Illicit Trafficking.

The Action Programme was subsequently endorsed by ministers from both regions at the EU-SADC summit in Austria in November 1998. The programme outlines activities in three main areas - tackling illicit arms trafficking, strengthening legal controls over weapons possession and transfer, and removing weapons from society. It is unique in providing a framework for region-to-region assistance to tackle the spread of small arms.

The ISS and Saferworld held a further seminar in Pretoria in September 1999 for government officials, police chiefs and independent experts from both regions to examine practical projects in these three areas.

There are currently exciting opportunities for the implementation of the Action Programme. Recent statements and initiatives by SADC, the Southern Africa Regional Police Chiefs Co-operation Organisation (SARPCCO), the Organisation of African Unity (OAU), the EU and the United Nations show that a considerable political momentum has built up on this issue.

The time has now come to turn these statements into practical action. This newsletter will monitor new developments, highlight upcoming opportunities and raise key areas for attention. We hope it will be a useful source of information for all those in Southern Africa and the donor community focused on tackling the proliferation of small arms in the region. And we hope it is a spur to further action.

Paul Eavis
Director
Saferworld

Virginia Gamba
Head
Arms Management Programme
Institute for Security Studies

SPECIAL FOCUS

SADC FIREARMS PROTOCOL EXPECTED SOON

Every issue of Action on Small Arms in Southern Africa will include a special focus on one key element of the Regional Action Programme. This issue examines legal controls and the development of a SADC firearms protocol.

A SADC protocol on firearms control is close to agreement. A final draft will be discussed by the Council of Ministers in February. Establishing a regional protocol was a key recommendation of the seminar hosted by the ISS and Saferworld in September 1999. Controls over the ownership, use and transfer of small arms vary widely across the different SADC countries. The development of a regional legal agreement would represent important progress in controlling legally-held firearms and combating illicit arms trafficking. The SADC working group on small arms mandated SARPCCO to draft a regional protocol at its meeting in October. The SARPCCO legal subcommittee, comprising legal officers from national police forces, has taken on this task. At the request of Swaziland, the current chair of SARPCCO, the ISS and Saferworld hosted an informal meeting of the legal subcommittee on 15-16 November to begin the drafting process.

Participants agreed on a comprehensive draft document, based largely on the draft UN firearms protocol currently being negotiated in Vienna. But the regional protocol goes further than the UN document in some areas and, crucially, is a document which will emerge from the desires and needs of the region.

The protocol covers issues such as:

training to improve the operational capacity of police, customs, border guards and the judiciary;



controls over firearms owned by civilians and the state;



marking and tracing firearms;



destruction of surplus firearms; weapons collection programmes; and



education initiatives to reverse cultures of violence.

The draft was discussed again at a formal meeting of the legal subcommittee in Swaziland on 22-24 November. The ISS was requested to facilitate a further meeting on 17-18 January where a final draft was agreed upon.

The document will now be presented by Commissioner Hillary of the Royal Swaziland Police to the other regional police chiefs. If they approve it, it will then be presented to the SADC Council of Ministers in February for endorsement. If this happens, the process will have been impressively swift. The SADC agreement is potentially groundbreaking and, if effectively implemented, should have a significant impact on firearms control in the region, and will set a standard for other regions to follow.

SEMINAR OUTLINES PRACTICAL ACTION NEEDED

Proposals for practical projects to tackle illicit trafficking, strengthen legal controls over weapons possession and transfer, and remove weapons from society were agreed to at a seminar in Pretoria in September. Towards Implementation of the Southern Africa Regional Action Programme was hosted by the Institute for Security Studies and Saferworld with the support of the UK Department for International Development and the Finnish Ministry of Foreign Affairs. It was attended by 75 government officials, police chiefs and independent experts from 23 countries.

The meeting identified four broad categories of projects that could be supported by donor governments:

research-based projects:

operational support:

building capacity and expertise in crucial sectors; and

raising awareness of the problem of light weapons proliferation.

The following practical projects were identified in these areas:

OPERATIONAL ASPECTS OF TACKLING ILLICIT ARMS TRAFFICKING

Enhancing the capacity of the police

Support to enhance the strategic co-ordination and planning function of SARPCCO through assistance for capacity-building and the development of a co-ordinated action plan for the region.



Training programmes for police forces to standardise operating practices across the countries in the region.



Training and capacity-building to develop specialised firearms and illicit trafficking units within SADC member states.

Strengthening co-operation between agencies

Technical assistance to enhance the capacity of customs and border guards - this could include the provision of training and equipment (such as mobile phones and vehicles).



Training programmes for the judiciary on the impact of illicit small arms trafficking to encourage tougher sentencing for firearm-related offences.



Programmes to facilitate increased national and regional co-operation between the police, customs, border guards and the judiciary, and to enhance the capacity of joint operations.

Encouraging information-sharing

Maximising the capacity of SADC member countries to utilise the existing Interpol IWETS database which logs information on firearms that are used in crime.



The establishment of a separate regional database under SARPCCO for collating and storing information associated with flows of small arms.

Managing stockpiles and destroying surpluses

The development of a co-ordinated programme by SADC member states to ensure that all weapons in their territories are adequately marked and securely stored, and that up-to-date records are maintained.



Technical assistance for SADC countries to enable them to conduct a thorough audit of their inventories of national arms holdings (including all weapons held by the military, police and other security forces).



The creation of a central computerised firearms register in each member state.



Support, facilitate and verify the destruction of seized and surplus stocks.

POLICIES TO ADDRESS THE ENHANCEMENT OF LEGAL CONTROLS OVER WEAPONS POSSESSION AND TRANSFER

Reviewing legislation and developing a common policy

A comprehensive review by all SADC governments of their firearms legislation (including controls over possession, production, export, import, transit, brokering and end-use of arms) could be supported by the provision of technical assistance and expertise.



The development of a regional small arms policy on controlling legally-held firearms and preventing and combating illicit small arms trafficking.

Encouraging the harmonisation of controls

The establishment of a mechanism for sustained and co-ordinated information-sharing between Southern African countries on firearms legislation and regulation.



The development of an effective regional mechanism of import, export, end-user and end-use certificates.

Establishing national firearms bureaux

The establishment of a national firearms bureau in each SADC member state responsible for co-ordinating national policy.

Supporting involvement in international negotiations

Supporting the participation of SADC countries in the UN firearms protocol negotiations.

REMOVING WEAPONS FROM SOCIETY

Improving police-community relations

The establishment of community-police forums where local communities and police can meet to discuss small arms proliferation and firearms controls

Enhancing community involvement

Awareness campaigns to encourage popular support for joint policing operations, stimulate wider participation in collection programmes and reduce local demand for weapons.



A series of seminars could be supported to engage the ‘silent roleplayers’ in communities, such as women, church groups, youth and cultural workers.



The development of community radio programmes dealing with small arms issues and addressing cultures of violence.

Developing the Operations Rachel model

Supporting the extension of Rachel operations further north in Mozambique.



The development of bilateral operations (based on the Rachel experience) between other countries in the region should be explored, particularly in relation to countries which are, or are likely to become major sources of illicit arms when peace is established

GENERAL RECOMMENDATIONS

Improving partnership co-ordination

Establishing a small arms fund for projects in the SADC region with clear guidelines for the types of assistance available and criteria outlining the circumstances in which it may be provided.

Providing emergency assistance

The creation of a technical team (taskforce) of SADC/SARPCCO officials who could enter Angola and the Democratic Republic of Congo at an early stage during peace talks to make an assessment of disarmament, peacekeeping, legal and policing needs.

EUROPEAN UNION REVIEWS ARMS EXPORTS AND FUNDS OPERATIONS RACHEL 

Action to combat illicit trafficking and remove weapons from circulation needs to be matched by tougher controls over legal arms exports, if efforts to stem the proliferation of small arms are to be effective. The EU took a step towards controlling this legal trade with the introduction in June 1998 of the EU Code of Conduct on Arms Exports. The functioning of the Code has to be reviewed annually and the first such review took place in October 1999.

An annual report of the Code’s first year of operation has been published which, while not as comprehensive as was hoped, provides some insight. The Code consists of eight criteria against which EU governments must assess proposed exports. Exports that might be used for internal repression and external aggression, that jeopardise regional stability, or undermine economic and social development should be refused. Member states must inform each other when they deny an export, and if another EU country then wants to take up the same deal, they must first consult with the refusing country.

In the annual review, EU member states agreed to provide more information to each other on the reasons for refusing an export. They also agreed to hasten discussions aimed at reaching agreement on a common list of equipment to which the Code applies and to discuss controversial exports as a group.

The Code needs to be more comprehensive and more strictly enforced if it is to be fully effective. Many countries are still not publishing detailed information on arms exports and some questionable exports are still being granted. However, if rigorously implemented the Code has the potential to help in reducing the supply of small arms to the SADC region from the EU.

SUPPORT FOR OPERATIONS RACHEL

EU member states have agreed to donate Euro 200 000 (approximately US $200000) to the South Africa-Mozambique Operations Rachel weapons collection and destruction initiative. The decision was recently approved by the EU Council of Ministers.

The December 1998 Joint Action on the EU’s contribution to combating the destabilising accumulation and spread of small arms and light weapons has made it easier for member states to support such initiatives financially. The hope is that support will soon be forthcoming for other practical projects in the SADC region.

Saferworld hosts a co-ordination meeting for donor governments on 14 February 2000 in order to develop a common understanding among the EU, its member states and other international donors on priorities for action to support efforts by SADC members to tackle small arms proliferation and illicit arms trafficking. One proposal to be discussed is the establishment of a special ‘small arms fund’ for the SADC region.(Full report next issue)

JOINT SADC-EU WORKING GROUP ESTABLISHED

Senior government officials established a Joint SADC-EU working group on small arms at a meeting in Harare on 2-3 November. This should provide an important forum to enable the co-ordination of efforts to tackle the spread of small arms in Southern Africa between the two regions.

The establishment of such a working group was recommended in April 1999 by the steering committee that oversees all SADC-EU co-operation. The group will address issues such as the need for institutional capacity-building, training and financial assistance.

The two sides committed themselves "to take all necessary measures to control the manufacture, use, stockpiling and transfer of small arms and light weapons." They also "underlined the urgent need to prevent and combat the destabilising accumulation of small arms and light weapons and to contribute to the reduction of the existing stocks and maintenance thereof at the levels consistent with the countries’ legitimate security requirements."

The first meeting of the joint working group is scheduled for March 2000.

EUROPEAN UNION - UNITED STATES SMALL ARMS ACTION PLAN

The governments of the European Union and United States have agreed a on Statement of Common Principles on Small Arms and Light Weapons and a joint Action Plan. These were adopted at the EU-US summit in Washington DC in December. Among the steps agreed to are:

the establishment of a joint working group on small arms and light weapons to share information and evaluate progress - the group will meet at least twice a year;



collaboration to strengthen the enforcement of UN arms embargoes and tighten controls over sources of financing that help to sustain arms flows to Africa;



co-operation to consider measures to combat illicit arms brokering;



practical disarmament measures in potential conflict and post-conflict situations, particularly in Africa; and



support for states to ensure the security of stockpiles of small arms and light weapons and assistance to collect and destroy surplus weapons.

SWIFT PROGRESS IN SADC AND SARPCCO

Progress on small arms control in Southern Africa has been impressively swift in recent months. SADC and SARPCCO have both taken great strides towards developing an effective partnership which has significant potential benefit for the region. By working in tandem, SADC and SARPCCO can ensure that operational activities are backed by political commitment and that the development and law enforcement aspects of the small arms problem are addressed.

SARPCCO DECLARATION

At the Annual General Meeting of SARPCCO in July 1999, the ministers responsible for policing in the region adopted a declaration on small arms. They agreed to pursue steps to combat small arms trafficking in the region and consider measures including:

instituting prohibitions on the civilian possession of automatic and military weapons;



facilitating the co-ordination of procedures for the import, export and transit of small arms shipments;



ensuring the registration of all small arms in a country;



ensuring that proper controls are exercised over the manufacture of small arms to prevent their entrance into the illicit market;



promoting the destruction of surplus arms; and



initiating discussions on drafting a regional instrument on small arms.

SADC SUMMIT DECISION

The SADC Council of Ministers meeting in Maputo in August 1999 committed SADC to the effective combating of armed transborder crime, and the reduction and control of the flow of illicit arms. The Council pledged to establish a regional policy for the control of small arms and light weapons and appointed SARPCCO as the implementation agency of the SADC policy on small arms and crossborder crime. A SADC working group on small arms was also established, comprising Mozambique, South Africa, Swaziland (chair), Zambia, Zimbabwe, the SADC secretariat and SARPCCO. The group has been tasked to formulate the SADC policy on small arms and develop a programme for implementation at the regional level.

SADC WORKING GROUP MEETS

The SADC committee on the prevention, combating and control of illicit trafficking in small arms and light weapons met for the first time in Botswana on 21-22 October 1999. In a significant step, the committee mandated SARPCCO to draft a SADC protocol on small arms and light weapons (see page four). SARPCCO was also asked to prepare a SADC declaration for discussion by the Council of Ministers in February 2000 and a strategic programme of action to be ready by July 2000. An important outcome of the meeting was the committee’s recognition of the role of civil society. It urged that society should be involved in both the conceptualisation (drafting) and implementation of the policies and programmes.

FUNDERS

The Institute for Security Studies and Saferworld would like to thank their funders, whose generous assistance makes their work and this newsletter possible.

This newsletter is supported by the UK Department for International Development and the Finnish Ministry of Foreign Affairs. The Arms Management Programme of the ISS is supported by the European Commission and the governments of the Netherlands, Norway, Sweden and Switzerland. The Arms Programme of Saferworld is supported by the governments of Belgium, Finland, the Netherlands, Sweden and the United Kingdom, the Diana Memorial Fund, the Ford Foundation, the MacArthur Foundation and Ploughshares Fund.

CALENDAR

7-9 February — SARPCCO Human Rights Workshop,Gaborone, Botswana

7-10 February — SARPCCO Chiefs of Police meeting, Kasane, Botswana

14-17 February — SARPCCO 1st Stolen Motor Vehicle Workshop for Specialised Officers

14 February — Donor co-ordination meeting (Saferworld), London, UK

15-18 February — Symposium on military expenditure (DFID), London, UK

17-18 February — SADC Council of Ministers meeting, Mbabane, Swaziland

28 February- 3 March — Preparatory Committee meeting for the 2001 UN conference on illicit arms trafficking, New York, US

16-17 March — OAU expert regional workshop for Eastern and Southern African governments (ISS), Zanzibar, Tanzania

20-21 March — SARPCCO Legal Subcommittee Meeting, Mbabane, Swaziland

March — SARPCCO Training Subcommittee Meeting, Mbabane, Swaziland

March — SARPCCO Permanent Co-ordinating Committee Meeting, Mbabane, Swaziland

FOR FURTHER INFORMATION

FURTHER READING

M Chachiua, Operations Rachel 1996-1999, ISS Monograph Series, 38, Institute for Security Studies, Pretoria, June 1999.

V Gamba, Small arms in Southern Africa: Reflections on the extent of the problem and its management potential, ISS Monograph Series, 42, Institute for Security Studies, Pretoria, November 1999.

K McKenzie, Domestic gun control policy in ten SADC countries, Gun Free South Africa, Johannesburg, 1999.

A McLean and E Clegg (eds), Towards implementation of the Southern Africa Regional Action Programme on Light Arms and Illicit Trafficking, seminar report, Institute for Security Studies, Pretoria, 1999.