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Workshops
Workshop one
Operational aspects of tackling illicit trafficking: SADC, SARPCCO and international organisations
Chairpersons: Jakkie Potgieter, Institute for Security Studies, and Herb Calhoun, US State Department.
Rapporteur: Liz Clegg, Saferworld
SARPCCO has been mandated to develop an Action Plan for tackling illicit arms trafficking in the region. This is likely to be ready around February 2000. It is important that SARPCCO is funded to carry out the relevant initiatives.
Strengthening and harmonising legislation
Crimes which were once unheard of in some parts of the region (e.g. carjacking) are now commonplace. Across the region, there are different penalties for criminal acts involving firearms – there is a need for regional harmonisation in this respect. It was pointed out that this is not going to happen on its own and that such a process would need support.
- The harmonisation of basic criminal law relating to drugs, small arms trafficking and trafficking of people was recommended. This should be linked to the training and education of the judiciary to encourage tougher sentencing for firearms offences.
Strengthening the capacities of national police, customs and other agencies
The capacity of agencies involved in tackling illicit firearms activities varies significantly across the region. In particular, there is a need for capacity-building of the police to enhance and reinforce the level of policing across the Southern African region.
- Increased donor support was encouraged for basic policing operations and training, particularly in firearms expertise.
There is also a need to enhance the capacity of customs and border staff – borders are loosely controlled in some areas. Guns are smuggled in significant quantities across the region, often in large containers. Scanners are expensive, but this should be compared to the cost of allowing weapons into a region and having to mop them up once they have dispersed. Any such equipment does carry with it the need for maintenance and repair, but the benefits could be great. The container scanner which the Dutch government recently installed in Rotterdam has a high hit rate with something untoward found in one out of three containers scanned.
- The provision of technical assistance was recommended to enhance the capacity of customs and border officials. The cost benefit of supplying container scanners should be investigated.
Sharing information and communications mechanisms
Interpol offices have an X-400 computer system linked to the IWETS database but there are constraints on the use of the equipment. There is a need to boost national and regional capacity to collate and store information relating to small arms and to communicate such information across the region.
- The group recommended considering the establishment of a regional database on illicit firearms. This could be separate from the Interpol system and could log information on illicit weapons caches, not just on weapons that are used in crime. National co-ordination centres could be established with a dedicated, trained person who is responsible for gathering information on illicit firearms.
Sharing intelligence
It was agreed that sharing intelligence is vital to the success of operations to tackle illicit trafficking. A training course on intelligence was run by Interpol in October 1999.
- The group recommended that the possibility of expanding and developing the Interpol training course should be examined.
Joint Operations
There is a real need to mop up the remaining arms in Mozambique, since these are still a problem for the country and its neighbours. It is also important to begin shaping operations for Angola and the Democratic Republic of Congo (DRC) for implementation when peace eventually comes to these countries.
For joint operations involving Mozambique, Swaziland and South Africa planning took place at a national level between customs and police officers, border guards, the judiciary, and other stakeholders. But such co-ordination does not take place across national borders as agencies (other than the police) do not have the mandate to do this. However, some agencies – for example, park rangers – have co-ordinated at regional level to address problems such as the trafficking in endangered species.
- External support to facilitate increased regional co-operation between customs and police officers, border guards and the judiciary was recommended.
Destruction
The group agreed on the importance of destroying surplus stocks of small arms. It was noted that South Africa has been melting down confiscated arms and has so far destroyed 4 500 guns and eleven tons of firearms.
- Donor assistance was encouraged to support the destruction of confiscated weapons and surplus national stocks.
The role of NGOs in tackling illicit trafficking
- The group acknowledged the important role that NGOs have to play in enhancing police capacity to tackle illicit trafficking by providing information to the police on trafficking and arms caches.
Raising awareness
Campaigns to raise awareness are necessary to alert the general public to the danger of firearms. This is a role not only for governments in the region but also for NGOs. Some police forces are experienced in public education, for example, the Captain Crime Stop programme that has been running successfully in South Africa for some years.
- Increased support for campaigns by governments, the police and NGOs to raise awareness on small arms issues was recommended.
The role of the EU-SADC working group
- It was recommended that the role of the EU-SADC working group on small arms should be to discuss the priority needs of the region. It could be a forum for guidance and feedback. The joint committee should assist in co-ordinating initiatives within and between SADC and the EU. It should work through possible themes of action, e.g. information exchange in areas of common interest and concern such as police action on illicit trafficking. It should also help to shape possible projects for support which can be developed further by the EU and SADC governments.
Workshop two
Policies to address the enhancement of legal controls on weapons possession and transfer
Chairpersons: Virginia Gamba, Institute for Security Studies, and Lukas Schifferle, Department of Foreign Affairs, Switzerland
Rapporteur: Andrew McLean, Saferworld
Policy foundations
SADC has acknowledged that the uncontrolled proliferation of small arms is a problem and that to address this, it will examine current legislation and controls to enable the development of a regional policy promoting transparency, accountability and responsibility to tackle the issue.
What is needed to build on these foundations?:
- an agreement on basic guidelines;
- an assessment of where different countries are in terms of legislation; and
- a mechanism to encourage the harmonisation of common standards.
There was much discussion on the order in which these elements should be addressed.
- First seek agreement on basic guidelines. Encourage member states to revisit legislation to see how it measures up to these. Then develop regional protocol mandating member states to implement changes.
- Or reach agreement on a protocol first which mandates countries to revisit legislation, and the other stages flow from this.
- Or pursue the protocol simultaneously, while agreeing on basic guidelines and revisiting legislation.
It was felt that, in the current political environment, agreement on a protocol could be reached quite quickly. But the group agreed that the order and the timeframe were not crucial. It was the process and the political will which were key elements.
- The group recommended that the SADC small arms working group should discuss and agree on a timeframe for this process as soon as possible.
Developing a common policy
The first step is to undertake research, and develop and agree on common guidelines. It was noted that SARPCCO has already taken a major step in this area by developing twenty points of principle.
- It was recommended that an independent consultancy should be commissioned to examine the SARPCCO guidelines on the basis of a comparative analysis with other existing controls. The objective would be to reach agreement on comprehensive, expanded principles based on best international practice.
These principles would then provide a baseline against which SADC governments could measure their own firearms legislation (including controls over weapons possession, production, import, export and transit).
- It was recommended that donor governments could support this legislative audit by providing technical assistance (such as developing comprehensive questionnaires) and then encouraging information exchange between countries by supporting a seminar under the auspices of the SARPCCO legal subcommittee.
The working group agreed that it was important for all countries in the region to know exactly what arms are held nationally by police, military and security forces.
- It was recommended that each SADC member state should conduct a thorough inventory of its arms stocks. In the course of this, all arms should be marked and registered on a database. The group suggested that donor governments could support the exercise by providing technical assistance in stockpile management techniques, marking technology and safe storage.
Harmonising controls
The above steps would provide a strong basis for the effective harmonisation of controls. Once each country has assessed its own legislation, and minimum standards and core principles have been agreed to, the next step would be for each country to incorporate these nationally. The recent experience of EU countries in beginning to harmonise their own controls could be drawn on.
- The group acknowledged that the needs of each country for this harmonisation process would be different, and that there was much scope for donor assistance. For example, some countries may welcome donor assistance to help draft legislation, whereas in other countries, the primary need may be for assistance in implementing legislation through, for example, the provision of training by ballistics experts or technology to trace weapons.
The group acknowledged that some previous assistance in this area had been ad hoc and that there may be an advantage in having a standing fund.
- It was recommended that donor governments consider the establishment of a small arms fund for the SADC region which could be drawn on by member states to help bring their controls up to common standards.
The group agreed that a lack of co-ordination between the different government departments and actors with a responsibility for small arms control sometimes hampered efforts.
- It was recommended that donor governments support the establishment of firearms control bureaux in each country in the region. These would be responsible for national policy and could also facilitate regional harmonisation by becoming contact points for networking and policy development. They could also play a key role in evaluating progress and priorities.
UN firearms protocol
The group took notice of the fact that many countries in the region had been unable to take part in the negotiations of the firearms protocol because of a lack of financial resources. This meant that the Southern African perspective was largely absent from the discussions and that countries would eventually be presented with an agreement which they had no role in shaping.
- It was recommended that donor governments could support the participation of SADC states in the firearms protocol negotiations. This could occur through financial support to attend international meetings and support for regional workshops to update SADC states on the key issues for negotiation.
Emergency assistance
The group discussed the prospect of the likely mass proliferation of small arms throughout the region if peace negotiations succeed in Angola and the Democratic Republic of Congo (DRC). It was agreed that preventive measures were urgently needed.
- Donor governments were encouraged to support the development of a technical team (taskforce) of SADC/SARPCCO officials who could enter Angola and the DRC at an early stage during peace talks to make an assessment of disarmament, peacekeeping, legal and policing needs. Resources would be needed to support the group and build its technical capacity through wide consultations with officials who have been involved in similar missions in other post-conflict situations, as well as through training and the provision of equipment.
Workshop three
Weapons collection and police-community co-operation: the linkages between regional, governmental and non-governmental roles in weapons reduction and in public awareness
Chairpersons: Martinho Chachiua, Institute for Security Studies, and Colin Roberts, Surrey Police, UK
Rapporteur: Owen Greene, Saferworld and University of Bradford, UK
Weapons collection
Voluntary weapons collection is only successful if the environment is favourable. This means that it needs to happen once a conflict has been resolved to the point that the large-scale threat of armed menace has receded. It must also occur within a favourable political climate where the co-operation and support of the necessary authorities are forthcoming.
In the social context, the community as a whole must feel that the police and local authorities are able to assure their security and to assist in the process of disarmament. Such initiatives must ensure that community stakeholders are on board, for example, organised civil society, trade union leaders, women’s groups and churches.
- It was agreed that rewards for community involvement in small arms collection and destruction were essential and it was recommended that rewards should go to the wider community rather than just to the individuals who are giving up their guns. The group rejected direct payment to individuals.
- The provision of technical support to assist with the collection, storage and destruction of surplus or collected small arms was recommended.
Police-community relations
Most police forces start from a position of community distrust – they are seen as instruments of control, and can be associated with human rights abuses. They may also be viewed as corrupt.
- Support for substantial reform and the retraining of police services was recommended in such situations.
- The group also agreed that building community policing requires active and equal engagement from both sides, the development of institutions within the community for engagement with the police, and the identification of priority areas for action.
In terms of developing police practices, there are many challenges. There is no hope yet in Angola. However, in South Africa, Malawi, Mozambique, Swaziland, Botswana and Lesotho, there is progress in police and community involvement in weapons collection.
Building on local initiatives
Building public awareness and peacebuilding initiatives are crucial parts of increasing community involvement in weapons collection. Learning the lessons of past experiences is essential in planning any weapons collection as is soliciting the feedback of those who have been involved in weapons collection processes.
- The group stressed the significant role that churches can play in many Southern African countries and the importance of the media, particularly radio, as instruments for promoting public awareness and support.
- The group emphasised the value of research and encouraged surveys of local community attitudes towards small arms and their impact in targeting attention and resources in key areas.
Differentiating the context of arms possession/surpluses
There are different types of surplus weapons which need to be dealt with in different ways, for example, caches, illicitly held weapons and redundant weapons. Flexibility is the key.
- It was recommended that weapons leaking from official sources should be addressed through improvements in security measures. Illicitly held weapons could require an amnesty-type approach. Caches need to be identified, located and destroyed.
- The group called for the development of a commonly recognised understanding of what is excessive for civilian and government possession of small arms.
Operations Rachel
The concept behind Operations Rachel is different from those behind voluntary weapons collection programmes. Many mistakes over the years and during the four operations to date have offered valuable lessons. Despite widespread success overall, there is much left to do. Operations Rachel are dependent upon community awareness of illicit arms caches and support for the police. Further Rachel-type operations will need an appropriate context and the support of governments and communities. They will also need to work in localities where the arms market is not active – so that hidden weapons are not seen as being of value.
- The group stressed the importance of working with the silent roleplayers in communities, such as women.
- The group believed that there was much potential for the extension of Operations Rachel to involve other countries in the region, for example Malawi, and to work with communities to identify further caches.
Challenges to donors
Decentralised initiatives can present problems of ownership. This is the same type of problem which is faced by most development projects, but it is exacerbated by insecurity which can be endemic. In order to counter this insecurity, donors must be prepared to work with the security sector.
- It was stressed that local support needs to be coupled with macro-level support. Grassroots initiatives cannot succeed without support from government. The relevant stakeholders and actors in weapons collection processes – from top to bottom – must be brought on board. Governments play a vital role in providing support through local information and data on the problem of small arms in a given region.
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