Small Arms and Light Weapons

According to available statistics, out of the estimated 500 million small arms and Light weapons in circulation world-wide, 100 million are found in Africa. Because these weapons are easy to use, conceal and maintain, they have been the weapons of choice in many of the conflicts in Africa, particularly those involving non-state actors. Their widespread availability has contributed to massive violations of human rights and international humanitarian law, to the development of a culture of violence that has destroyed the social fabric of many countries in Africa, as well as to the development of the phenomenon of child soldiers. Small arms and light weapons have undermined efforts at economic development, governance and democratization. Although by themselves these weapons do not cause conflicts, their widespread availability increases the likelihood of conflict. As pointed out by Ambassador Sahnoun, Member of the Eminent Persons Group on Curbing Illicit Trafficking in Small Arms and Light Weapons, "… conflicts have several political, economic and social causes, but it would be much easier to prevent and resolve them if the availability of small arms can be checked ".

Against this background, the OAU embarked on a process, which culminated into the convening, in Bamako, Mali, from November 30 to December 1 st , 2000, of the first ever OAU Ministerial Conference on Small Arms and Light Weapons and the adoption of a common African position. The Ministerial Conference acknowledged, in particular, that the proliferation of small arms and light weapons undermines good governance, peace efforts and negotiation, and that it jeopardizes respect for fundamental human rights and hinders economic development. It recommended a number of measures to be taken at national, regional and international level to deal with the problem. These include, among others, the development and implementation, with the involvement of civil society, of national programmes for the responsible management of illicit arms, the voluntary surrender of illicit arms and light weapons and the reintegration of demobilized youth; the codification and harmonization of relevant legislation; the strengthening of regional and continental co-operation among police, customs and border control services; the elimination of the practice of dumping excess weapons in Africa; and the enactment of stringent legislation to control arms transfer, etc. The Ministerial Conference also called for an international partnership to curb the illicit proliferation circulation and trafficking of small arms and light weapons in Africa.

During its 74 th Ordinary Session held in Lusaka, Zambia, in July 2001, the OAU Council of Ministers adopted Decision CM/Dec.599 (LXXIV) on the illicit proliferation, circulation and trafficking on small arms and light weapons. In that decision, Council, inter alia , welcomed the adoption by the OAU Ministerial Conference held in Bamako, Mali, from 30 November to 1 December 2000, of Bamako Declaration on the African Common Position on the Illicit Proliferation, Circulation and Trafficking of Small Arms and Light Weapons, and endorsed the said Declaration. Council called upon all Member States to participate fully and at the appropriate level, at the United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, then scheduled to take place in New York from 9 to 20 July 2001 and to promote the African Common Position as contained in the Bamako Declaration. Furthermore, Council requested me to take all the necessary steps to ensure the follow-up of the Bamako Declaration, and urged all Member States to implement the relevant recommendations contained therein. Finally, Council appealed to the United Nations Conference to take into consideration the concerns and proposals articulated in the Bamako Declaration, and requested the international community to assist the OAU and its Member States in their efforts to address this problem.

For its part, in the 37 th Ordinary Session of the Assembly of Heads of State and Government, meeting in Lusaka, Zambia, from 9 to 11 July 1001, at the initiative of President Alpha Oumar Konare of the Republic of Mali, issued a message to the UN Conference on Illicit Trade in Small Arms and Light Weapons in All Its Aspects. In that Message, African leaders, inter alia , reiterated their deep concern about the persistent and devastating effects of the illicit proliferation circulation and trafficking of small arms and light weapons. In view of the foregoing, the Heads of State and Government reaffirmed their commitment to the African Common Position. They welcomed the convening of the United Nations Conference on the Illicit Trade in Small Arms and Light Weapons and urged the Conference to take into consideration the African Common Position. They appealed to the International Community to provide all the necessary financial land technical assistance for the implementation of the Bamako Declaration, with the effective participation of the African civil society organizations, particularly women and youth Organizations taking into account the various initiatives taken in the Continent. Finally, they appealed for the establishment of close and long term international partnership between the OAU, the UN and the International Community as a whole for the eradication of this phenomenon from Africa.

In pursuance of the aforementioned decision and message, the OAU took an active part, albeit as an observer, the UN Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, which was held in New York from 9 to 20 July 2001. It is important to note that OAU Member States displayed a high degree of cohesion and were successful in including in the UN International Programme of Action adopted at the end of the meeting key elements of the Bamako Declaration. These include the establishment of national coordination bodies and institutional infrastructure for policy guidance, research and monitoring of all aspects of small arms and light weapons proliferation, control, circulation trafficking and reduction; the adoption of necessary legislation and other measures to establish as criminal offences the illegal manufacture, possession and trade of small arms and light weapons; the identification and destruction, where necessary, of surplus, obsolete and seized small arms and light weapons; and the development of action oriented research and public awareness programmes, working with civil society organizations to this end.

While OAU Member States were able to include these aspects in the final UN Programme of Action, they were unsuccessful in other key areas, notably the development of national action plans and programmes for, inter alia, the responsible management of legally held weapons; the negotiation, on a voluntary basis, of arrangements among neighbouring countries for effective systems of small arms control; the codification and harmonization, at region al level, of legislation governing the manufacture, trade, brokering, possession and use of small arms and light weapons and ammunition; the restriction of the trade in small arms and light weapons to governments and authorized registered licensed traders only.

Pursuant to the relevant decisions adopted by the Policy Organs of the Organization, the AU Commission will continue with its efforts, with particular emphasis on the implementation of the Bamako Declaration and the UN Programme of Action.