The Second Oslo Meeting on Small Arms and Light Weapons

DC

Moderator Emeritus
The Second Oslo Meeting on Small Arms and Light Weapons
(Oslo II), 6-7 December 1999


Elements of a Common Understanding
Concerns and Challenges


Representatives from 18 countries (annex I), recognizing the problems caused
by the excessive availability, accumulation and uncontrolled proliferation of
small arms and light weapons, met in Oslo 6 and 7 December, 1999 as a
follow-up to the first Oslo Meeting (13-14 July, 1998) in order to further
discuss the humanitarian, developmental, and security concerns raised by this
issue.


Most contemporary conflicts have been fought with small arms and light
weapons, often targeting civilians, as well as humanitarian operations and UN
and other personnel. The accumulations and flows of small arms and light
weapons often undermine economic development, impair conflict prevention
efforts; exacerbate armed conflicts; complicate peacekeeping and peace
support operations; and retard post-conflict reconciliation and
reconstruction. Trafficking in small arms has become an integral part of
vicious circles where conflict feeds on itself, making it difficult to
promote durable peace. Representatives recognized that controlling and
regulating brokering activities is one element in a comprehensive approach to
dealing with problems relating to small arms and light weapons. When
considering action and policy on all aspects of the small arms problem, it
was recognized that the different security situations of states must be taken
into account.


Objectives


An objective of the international small arms agenda, focusing on both illicit
and licit activities, is to control and reduce the excessive and
destabilizing accumulation and use of these weapons.


To achieve this objective, a number of interlocking strategies have been
developed i. a.:


Combatting illicit manufacturing and trafficking by developing inter alia
international legally binding instruments.


Strengthening regulation and controls on destabilizing accumulations and
transfers.


Considering measures to deal with the issue of arms brokering.


Enhancing transparency measures, including information exchange and
consultations.


Setting up and providing assistance to national programs to collect and
destroy small arms and light weapons in excess of legitimate defence
requirements.


Promoting local, national and regional practical disarmament measures in the
context of the consolidation of peace, through the implementation of
disarmament, demobilization and reintegration programmes.


Further developing norms and standards to promote supplier restraint.


The objectives of the Second Oslo Meeting were twofold:


1. The international agenda on small arms and light weapons:


To take stock of developments on the international small arms agenda during
the past year.


To deepen the common understanding of the participants of the challenges
ahead.


To exchange information among participants on initiatives/priorities they
have taken, or will take, to move the agenda forward in order to optimize the
use of available resources and to promote complementarity of efforts.


And, to discuss how the growing international awareness of the small arms
agenda can be translated into practical, result-oriented action


2. Arms brokering:


To have a more in-depth review of challenges related to arms brokering in all
its aspects and related activities, including a discussion of measures to
deal with the issue.


The International Agenda on Small Arms and Light Weapons


Review - The process ahead


The meeting recognized and welcomed the different initiatives which have
moved the international agenda on small arms and light weapons forward.
Various global, regional and sub-regional initiatives are reflected in annex
II. The urgent need for practical action was reiterated and the expansion of
these and further initiatives was encouraged. The meeting recognized the need
for continued international support for and assistance to such initiatives.


It was noted that the participating states are actively involved in many key
initiatives in the field of small arms, although individual countries
naturally can not be equally engaged in all processes and fora.


More attention should be given to exploiting synergies, promoting
complementarity, avoiding overlaps and identifying possible gaps not covered
by the various initiatives. Increased cooperation and information sharing
among law enforcement authorities, criminal intelligence agencies, customs
officials, development assistance agencies, as well as authorities
responsible for peacekeeping operations, - within and between governments -
is a practical step that should be further developed.


The leading role played by the United Nations in raising awareness and
understanding of the excessive and destabilizing accumulation and transfer of
small arms and light weapons was recognized, as well as its contribution to
tackling the problem. The Protocol Against Illicit Firearms Trafficking will
be a critical step toward addressing the issue of small arms. The UN
Conference on Illicit Trade of Small Arms and Light Weapons in All Its
Aspects in 2001 will be an important contribution to adressing problems
related to small arms. It was noted that the success of this conference
requires an open and thorough preparatory process with the broadest possible
participation. It is also important that the UN Conference in 2001 take
into account the outcome of the negotiations of the firearms protocol to be
concluded shortly to ensure complementarity and mutually reinforcing
outcomes.


Complete, reliable and up-to-date information and analysis and systematic
data collection focused on the problems of small arms is essential for
developing coherent policies. The meeting welcomed practical efforts to fill
the information gap such as the establishment of a Yearbook on Small Arms and
Light Weapons Issues, to be published in Geneva.


The meeting recognized the importance of exploring possible synergies between
the various regional and sub-regional initiatives in order to more
effectively implement best practices through more extensive exchanges on
experiences and lessons learned.


Whilst recognizing that governments continue to bear the main responsibility,
the meeting emphasized the importance of the contribution made by civil
society in general and NGOs active in this field.


Arms Brokering


Participating states shared a deep concern about the flow of small arms and
light weapons into areas and countries of conflict and into the hands of
transnational organized crime. They recognized the role played therein by
arms brokering, which in a broad sense is assistance in the sale and transfer
of arms from the producer or holder to the buyer or end-user. The meeting
noted that brokers play a significant and largely legal role in facilitating
transfers of arms. However, illegal transactions involving small arms or
transactions occuring in the grey zone on the fringes of the law contribute
to excessive and destabilizing accumulations. Transactions occuring in this
grey zone, although not necessarily illegal, can contribute to the
detrimental impact of small arms proliferation on states and civilians.
Brokers may never see the arms they are conveying and may operate from
countries where legislation on brokering activities is missing or
insufficient. Differences in the scope of national regulations may serve to
create sanctuaries for illicit arms brokers.


The participating states recognized that regulating brokering activities is
one element in a comprehensive approach to dealing with problems relating to
the flow of small arms and light weapons. In that regard, the meeting
discussed various positive developments by states and international
organizations in the control of arms brokering. It was recognized that
relevant legislative and enforcement measures, combined with international
cooperative arrangements, could have a positive impact. The meeting discussed
the strengths and weaknesses of various national systems of legislation,
regulation and control, which in some cases were seen to be insufficient.


On the basis of these discussions the meeting identified areas for further
study, as well as appropriate measures that could be considered for adoption
and implementation. These are reflected below.


Measures on arms brokering


International


Develop common understandings of basic issues and the scope of the problems
related to arms brokering.


Consider the insertion of clauses on brokering activities in legally binding
UNSC embargo resolutions.


Include appropriate provisions on brokering in relevant international legal
instruments. In particular, the proposed provision in the Draft Protocol on
Firearms would make a significant contribution to a global approach to
regulating brokering of arms.


Develop improved international standards on documentation to reduce fraud.


Enhance measures between exporting and importing countries to ensure that
shipments are not diverted.


Develop model brokering legislation and regulations, including comprehensive
definitions, in order to achieve more effective national control on brokering
in all its aspects as well as related activities. These could constitute
international standards against which implementation could be measured.


National


Encourage greater national commitment to implement measures to control
brokers and brokering, e.g. by regulation, authorization and/or registration,
including prior license requirement.


Establish national legislation and enforcement systems on small arms
brokering where none exist and criminalize violations.


Offer outreach/training for the adoption of suitable legislation and
effective enforcement mechanisms, including industry awareness-building, to
countries wishing to improve their systems.


Information Exchange


Exchange information bilaterally, in regional organizations and in other
appropriate fora on legislation and enforcement systems concerning brokering
and related activities. Such exchanges could i.a. identify loopholes in
existing laws and enforcement practices.
Establish cooperative measures to share information on illicit traders, cf.
the IAEA information exchange on illicit trafficking of nuclear material.


Annex I


List of Participating States:


Australia
Austria
Belgium
Brazil
Canada
Chile
Finland
Germany
Japan
Mali
Mexico
Netherlands
Norway
South Africa
Sweden
Switzerland
United Kingdom
United States


Annex II


Global and regional initiatives:


The UN Secretary General's Report on Small Arms of 1999 (The UN Group of
Governmental Experts on Small Arms)


The Ad Hoc Committee on the Elaboration of a Convention against Transnational
Organized Crime - the protocol on illicit manufacturing of and trafficking in
firearms, ammunition, and other related materials


The UN Conference on Illicit Trade of Small Arms and Light Weapons in all its
aspects to be held in June/July 2001


The OAS Inter-American Convention Against the Illicit Manufacturing of and
Trafficking in Firearms, Ammunition, Explosives and Other Related Material
and their Component Parts


The OAS/CICAD Model Regulations for the Control of the International Movement
of Firearms, their Parts, Components and Ammunition


The Moratorium on the Manufacture, Export and Import of Light Weapons in
West Africa


Initiatives taken by the Organization of African Unity and the Southern
African Development Community on the proliferation of small arms and light
weapons


United Nations African Institute for the Prevention of Crime and the
Treatment of Offenders study of firearms and border control laws and practices


ASEAN Regional Forum intersessional group on confidence-building measures
consideration of the issue of "preventing and combating illicit trafficking
in conventional arms"


South Pacific Chiefs of Police Conference work on a common regional approach
to weapon control, focusing on the illicit manufacture of, and trafficking
in, firearms, ammunition, explosives and other related materials


The OSCE Istanbul statement on Small Arms/ the OSCE Principles Governing
Conventional Arms Transfers


The OECD/DAC Guidelines on Conflict, Peace and Development


The Brussels Call for Action from the International Conference on
"Sustainable Disarmament for Sustainable Development", Brussels, 12-13
October 1998


An International Agenda on Small Arms and Light Weapons: The Elements of a
Common Understanding, adopted at the Oslo Meeting on Small Arms, 13 - 14 July
1998


The EU Code of Conduct on Arms Exports and the first EU Annual Report on Arms
Exports.


The EU Programme for Preventing and Combating Illicit Trafficking in
Conventional Arms


The EU Joint Action on Small Arms and Light Weapons


Establishment of the EAPC AD-Hoc Working Group on Small Arms and related
initiatives


The EU-US Joint Statement and Action Plan on Small Arms and Light Weapons, to
be released 15 December 1999


The EU-Canada Joint Statement and Action Plan on Small Arms and Light
Weapons, released 2 September 1999


Member states of MERCOSUL (Argentina, Brazil, Paraguay, Uruguay) Joint
Register of Buyers and Sellers of Firearms, Explosives, Ammunition and
Related Materials (1998)


Declaration of the First Conference of Heads of State and Governments of
Latin American and Caribbean and The European Union

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"Quis custodiet ipsos custodes" RKBA!
 

Art Eatman

Staff in Memoriam
I found myself intrigued by the comment, "Participating states shared a deep concern about the flow of small arms and light weapons into areas and countries of conflict and into the hands of transnational organized crime."

Isn't it wonderful that no organized crime group has the means to legally acquire weapons? No means to do its own manufacture--given the billions of dollars available?

And if you really want a laugh, given that Mexico was a participant, go to the site http://www.nimbynews.com and learn a little of our southern neighbor. Much of what Pappas says is available to all of us from daily US papers...

Regards, Art
 
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