United Nations A/CONF.

192/PC/5
General Assembly Distr.: General
14 March 2000

Original: English

Preparatory Committee for the United Nations

Conference on the Illicit Trade in Small Arms
and Light Weapons in All Its Aspects
First session
28 February-3 March 2000

“Working paper on elements for a framework for

cooperation and action on illicit trade in small arms
and light weapons in all its aspects” submitted by
South Africa on 2 March 2000
Introduction mandate, the focus of the conference should not only
be limited to illicit trade it should also deal with issues
1. The challenge in addressing the proliferation of of illicit manufacture, use, stockpile and transfer of
small arms and light weapons, and indeed the challenge these weapons, including ammunition. Inadequate legal
for the 2001 Conference, is to marshal the necessary controls over small arms and light weapons in the
human and financial resources, to coordinate national context of the manufacture, use, stockpiling and
and regional initiatives and to raise the profile of the transfer of such weapons contribute to illicit trade of
issue to gain the active support from Governments, those weapons. It is, therefore, important that the
politicians and civil society in all States. The Conference should also facilitate relevant national,
Conference should, therefore, provide an agreed regional and international action, cooperation and
framework for future action and cooperation to combat coordination in order to promote responsible policies in
the proliferation of small arms and light weapons. To the manufacture, transfer and use of small arms, light
this end the Conference should recognize that small weapons and ammunition. Only through increased
arms and light weapons must be dealt with from an transparency and better controls over the legal arms
inclusive perspective of arms control and disarmament, trade would the international community be able to
post-conflict peace-building, conflict prevention and effectively constrain illicit arms trade.
socio-economic development.
Objective
Scope
3. The Conference should increase cooperation in
2. The 2001 Conference should focus on illicit trade combating the illicit trade in small arms and light
in small arms and light weapons in all its aspects weapons and avoid duplication of initiatives in order to
based, among others, on the issues as identified in the ensure that scarce resources are utilized effectively.
reports of the Secretary-General on small arms The Conference should formulate a political
(A/54/260 and Add.1). To effectively address its declaration that sets out a framework for future
cooperation and action on small arms and light

00-34159 (E) 240300

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weapons in all its aspects based upon the experiences (b) Improving systems to trace and eradicate
of national and regional approaches. illicit arms flows by:
(i) Ensuring the effective management and safe
Agenda storage of weapons stockpiles and the destruction
of surplus weapons. International cooperation
4. The agenda for the Conference should be all- would be needed in order to prevent the loss of
inclusive and should provide opportunities to consider small arms and light weapons from government
all national and regional approaches and measures to stockpiles. Accurate inventories should be kept
address the proliferation of small arms and light and States should seek an agreement to destroy
weapons. The approaches and measures to be all surplus or obsolete weapons in their stocks to
considered should be based on the elements of the prevent them from entering the illicit market;
framework for future cooperation and action on small (ii) Facilitating cooperation in tracing illicit
arms and light weapons. arms and light weapons. Cooperation between
States would be needed to facilitate the tracing of
Elements for a framework for illicit weapons. Information exchange
cooperation and action on illicit trade mechanisms should be created on a
regional/international basis to assist in the
in small arms and light weapons in all
identification of weak points in the chain of illicit
its aspects supply and to take appropriate action;
5. The results of the Conference should include a (iii) Building the operational capacity of law
political declaration that sets out a framework for enforcement agencies to implement controls on
future national, regional and international cooperation illicit trafficking. Law enforcement agencies need
and action on small arms and light weapons in all its to be capacitated to implement any agreements
aspects and should identify and prioritize short, reached. Important areas would include
medium and long-term approaches that could prevent, development and training for which resources
combat and eradicate illicit trade in these weapons in should be earmarked to facilitate this important
all its aspects. The elements for such a framework task;
could be clustered around the prevention, combating (iv) Marking small arms efforts to prevent and
and eradication of the illicit manufacturing of, combat the diversion of arms to illicit markets
excessive and destabilizing accumulation of and would be strengthened if there were an improved
trafficking in small arms and light weapons and could capacity to trace how weapons had actually
include the following: become illicit. States should consider a
(a) Preamble. The preamble should provide a mechanism or system whereby all small arms and
recognition of the importance of national, regional and light weapons should be marked at the point of
international cooperation and initiatives to prevent, manufacture. Accurate records should be kept of
combat and eradicate the illicit trade in small arms and such markings. All unmarked arms should either
light weapons in all its aspects. The preamble should be destroyed or marked when they come into the
stress the need, especially during peace processes and possession of the authorities;
post-conflict situations, to maintain effective control (c) Strengthening controls on accumulations
over small arms and light weapons as well as and transfer of small arms and light weapons by:
ammunition. It should also recognize the impact of
small arms and light weapons on socio-economic (i) Introducing controls on weapons transfers.
development, reconstruction of post-conflict societies Legitimate arms transfers can be diverted to illicit
and the human costs of the use of these weapons on or unauthorized destinations through, amongst
civilian populations; others, false end-user certificates. Criteria should
be discussed to prevent such diversion;
(ii) Enforcing arms embargoes. Arms
embargoes are in theory one of the most powerful

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tools at the disposal of the Security Council. But (e) Enhancing transparency, information
too often in practice they are circumvented by exchange and consultation on arms by:
unscrupulous Governments and private brokers.
(i) Enhancing transparency. The conference
The effective implementation of United Nations
should agree on the development of national and
arms embargoes should be addressed;
international small arms transparency
(iii) Controlling supplies of ammunition. mechanisms that could address transparency of
Controls on the manufacture, transfer and transfers of such arms;
accumulation of ammunition should be elaborated
(ii) Improving information exchange and
upon;
consultation between Governments. States should
(iv) Regulating arms brokering and shipping agree on a number of international information
agents. There is growing evidence that many of exchanges that can help build confidence and
the small arms and light weapons entering facilitate agreement on the level of small arms
conflict areas are transferred by arms brokering and light weapons needed for national defence
and shipping agents. The conference should seek and the incidence and patterns of illicit arms
an international agreement on the measures flows;
needed to control brokers. In particular, the
(f) Improving international cooperation and
establishment of national laws regulating
assistance by ensuring that initiatives based on
brokering and criminalization of breaches of the
identified elements to combat, prevent and eradicate
regulations should be addressed;
the illicit trade in small arms and light weapons are
(d) Promoting the removal of arms from effectively implemented and that areas where States
society and the destruction of surplus arms by: and regions could benefit from relevant international
cooperation and assistance are identified. Such areas
(i) Removing illicit and surplus small arms and
could include assistance in the destruction of surplus
light weapons from circulation. States should
and illicit arms and improve the capacity of national
discuss experiences of different programmes —
law enforcement and arms control agencies and
particularly the exchange of weapons for
assistance for the demobilization and reintegration of
development programmes — and agree on
former combatants;
guidelines for effective practice. Emphasis should
be placed on the disposal of such arms through (g) Strengthening international humanitarian
destruction; law. The excessive and destabilizing accumulation and
use of small arms and light weapons have resulted in
(ii) Prioritizing the effective disarmament,
civilian casualties. The issue of small arms in the
demobilization and reintegration of former
context of international humanitarian law needs to be
combatants. If combatants are not effectively
further explored.
disarmed and reintegrated when conflicts end and
during peace processes, weapons get diverted into
the illicit market. The Conference should agree
on the inclusion of an effective disarmament
component in all United Nations peacekeeping
and peace support missions;
(iii) Restricting military small arms to
government forces. Criteria should be established
whereby States restrict the use of small arms
designed for military and police use to such
forces only;