S/PV.4896Resumption1 Security Council
▶ This meeting at a glance
27
Speeches
0
Countries
0
Resolutions
Topics
Nuclear weapons proliferation
Peacekeeping support and operations
Economic development programmes
Security Council deliberations
Sustainable development and climate
Counterterrorism and crime
Thematic
The President (spoke in Spanish): The next
speaker is the representative of New Zealand, to whom
I give the floor.
Mr. McIvor (New Zealand): It is my honour to
address the Council on behalf of the members of the
Pacific Islands Forum group of countries that maintain
permanent missions in New York, namely Australia,
the Federated States of Micronesia, Fiji, the Republic
of the Marshall Islands, Nauru, Papua New Guinea,
Samoa, Solomon Islands, Tonga, Tuvalu, Vanuatu and
my own country, New Zealand.
We welcome the Council's continuing
consideration of the issues surrounding the illicit trade
in small arms and light weapons. The Programme of
Action adopted at the 2001 United Nations Conference
on the Illicit Trade in Small Arms and Light Weapons
in All Its Aspects underscored the multifaceted nature
of this issue and the real and immediate threat that the
illicit trade in and possession of these weapons poses to
the security of nations and individuals. The
destabilizing effect of the proliferation of such
weapons, their role in exacerbating unrest and conflict
and their disproportionate effect on civilians, women
and children were further recognized at the First
Biennial Meeting on the Programme of Action, held in
New York last July.
National and regional action remains critical to
the effective implementation of the Programme of
Action. However, there is also an important role for
international initiatives and, in particular, for the
Council, to play. Small arms and light weapons remain
a significant factor in many of the conflicts currently
under the Council's eye. The need for the Council to
continue to address small arms issues in its response to
particular conflict and post-conflict situations remains
real.
In that regard, we welcome the Secretary-
General's most recent report (S/2003/l2l7) on
initiatives undertaken to implement his earlier
recommendations on ways and means in which the
Security Council can contribute to dealing with small
arms questions in situations under its consideration.
Those recommendations set out a series of practical
steps that the Council may take, and we are heartened
by the progress made so far.
In particular, targeted and specific arms
embargoes - if effectively enforced by Member
States- are an important tool at the Council's
disposal to prevent the proliferation of small arms in a
particular conflict. Strengthened national export
controls, including effective end-user certification and
an effective cross-border tracing mechanism, are also
integral to defending against illicit transfers and
ensuring that legally exported arms do not end up in
illicit hands.
In the post-conflict phase, effective disarmament,
demobilization and reintegration elements are crucial
in ensuring that small arms and light weapons do not
disrupt peace-building and reconstruction efforts. In
that regard, we support the Secretary-General's
comments about the importance of increasing the
funding for such programmes.
It also remains critical that the Council continue
its efforts to identify the links between the illicit trade
in small arms and light weapons and the illicit
exploitation of natural and other resources. Both have
demonstrated their capacity to fuel and sustain
conflicts.
Our own region has experienced the lawlessness
and political instability that accompanies the
unchecked proliferation of small arms and light
weapons. It has benefited from the Council's support in
managing the role of small arms in respect of the post-
conflict situation in Bougainville, where the collection
and destruction of weapons is a critical part of the
peace process.
Pacific efforts to address the small arms issue
centre on a regional approach. The importance of
working collaboratively to address security issues was
reaffirmed by Pacific leaders in the Biketawa
Declaration, which provides for a regional approach to
regional security issues. The Biketawa Declaration
forms the basis for the current police and military
support that Pacific Island countries have extended to
Solomon Islands, at the request of its Government, to
overcome instability and lawlessness, exacerbated by
the spread of illicit small arms. The Regional
Assistance Mission to Solomon Islands has led to the
surrender of more than 3,700 weapons, the
establishment of 16 police posts and the arrest of key
militants, providing the conditions for donors to re-
engage, for economic recovery to begin, and for a more
stable, safe environment.
The effective implementation of the Programme
of Action remains a priority for the Pacific region.
Pacific Island Forum members have agreed on a
common regional approach to weapon control,
reflected in the Nadi Framework. At their last annual
meeting in August 2003, Pacific Islands Forum leaders
endorsed model weapons-control legislation based on
that framework. Those steps have been complemented
by a regional workshop, co-hosted by Japan and
Australia in Tokyo in January 2003, to enhance
cooperation in legal and institutional areas, law
enforcement and effective small-arms stockpile
management.
Finally, that progress notwithstanding, improving
national legislation and regional coordination in border
controls, law enforcement and armoury management
will be essential to combat the threat posed by small
arms. In this respect, the Secretary-General's report
provides a useful practical guide and outlines areas
where further progress is possible. The Security
Council's continued attention to small arms issues,
particularly in the regional context, will help maintain
the international community's resolve to address
effectively the issue's security and humanitarian
dimensions.
The President (spoke in Spanish): The next
speaker on my list is the representative of Switzerland,
to whom I give the floor.
Mr. Staehelin (Switzerland) (spoke in French):
Allow me to congratulate you, Sir, on your assumption
of the presidency of the Security Council, and to thank
you for having invited non-members of the Council to
participate in this discussion.
Switzerland commends the Secretary-General on
his excellent report on ways in which the Security
Council could deal with the question of illicit trade in
small arms and light weapons in situations under its
consideration. The report shows that significant
progress has been made in various fields of concern,
even though there is still is a long way to go.
Resolution 58/241 of 23 December 2003 on "The
illicit trade in small arms and light weapons in all its
aspects" provides for the establishment of an open-
ended working group to negotiate an international
instrument to enable all States quickly to identify and
reliably to trace illicit small arms and light weapons
and follow their movements.
On 15 January, during informal consultations, the
Swiss Ambassador, Anton Thalmann, was appointed to
chair that group. The group intends to proceed in an
open and transparent manner.
The opening of negotiations on an international
instrument to identify and trace illicit small arms and
light weapons is an important step towards
implementing one of the important commitments made
in the United Nations Programme of Action.
Switzerland encourages all Member States to
participate constructively.
One issue that requires our full attention is the
question of United Nations arms embargoes. The report
of the Secretary-General underlines the fact that they
have proved extremely difficult to enforce, which
contributes to the prolongation of conflicts. In order to
enforce embargoes and to bridge legal gaps, it is
essential effectively to combine national, regional and
international means of monitoring the arms trade.
Switzerland believes that international
cooperation can succeed only if each State introduces
its own relevant national legislation.
An arms embargo is a whole chain of action;
therefore monitoring mechanisms should be included
that can identify the weakest links in that chain -
particularly since such mechanisms may, because of
their very existence, have a deterrent effect on those
who might be tempted to violate such an embargo.
But such mechanisms require sufficient
resources; otherwise, their effects will remain
incomplete. It is therefore essential that States
Members of the United Nations provide all the
necessary technical and financial support to the various
expert groups working in the area of arms sanctions.
The report of the Secretary-General notes that the
Security Council has focused in particular on
disarmament, demobilization and reintegration (DDR)
programmes in its peacekeeping operations. The parties
to conflicts must undertake a political commitment to
include DDR components in their peace agreements.
Likewise, closer cooperation should exist between the
Peacekeeping Best Practices Unit of the Department of
Peacekeeping Operations and the Special Committee
on Peacekeeping Operations. This would be extremely
beneficial.
In conclusion, I would point out that DDR
programmes are complex and require considerable
financial resources, as do campaigns to collect and
destroy illicit weapons. Switzerland contributes
substantially to the World Bank Fund for disarmament
in Sierra Leone and to the United Nations Development
Programme Fund for Liberia. These programmes have
aspects that are very closely related to the areas of
work of national or multilateral development agencies.
But members of those agencies are beginning to
understand to what extent armed violence can thwart
development programmes. Therefore, in order to
increase the effectiveness of such DDR strategies,
United Nations system agencies and Member States
should try to mainstream the problem of small arms
and light weapons into their development programmes.
The President (spoke in Spanish): The next
speaker on my list is the representative of Peru, to
whom I give the floor.
Mr. De Rivero (Peru) (spoke in Spanish): First of
all, Sir, allow me to congratulate you on Chile's
very efficient guidance of the work of the Security
Council, as further confirmed today by the convening
of this open debate of the Council to address a topic
that is of such great concern to the international
community - the illicit trade in small arms and light
weapons.
Small arms are today a threat to peace and
security. They kill more people than any other type of
weapon, and they endanger human security and make
the streets unsafe in almost all the Member countries of
the United Nations.
According to the figures provided by the
Organization, there are more than 600 million small
arms and light weapons in circulation around the
world. Forty-seven of the 49 major armed conflicts of
the 1990s were waged with small arms. Small arms
cause half a million deaths a year: 300,000 in armed
conflicts and the remaining 200,000 in murders,
suicides and accidents. Small arms and light weapons
are one of the central factors in world violence and
urban insecurity in all countries, particularly in parts of
Africa, the Middle East, Asia and Latin America.
Today, terrorism, drug trafficking, common crime and
most civil conflicts that plunder nations in developing
countries are undoubtedly fuelled by the immense
illicit trade in small arms, whose victims outnumber
those of any other type of heavier or more
sophisticated weapon.
For those reasons, my country - having fought
terrorism, including weapons trafficking, for nearly 13
years and having overcome it - participates actively
in all current initiatives to prevent and combat the
illicit trade in small arms and light weapons. We
complied with the requirement of submitting a national
report, in conformity with the mandate of the 2001
Programme of Action, and we participated in
formulating the Andean Plan to Prevent, Combat and
Eradicate the Illicit Trade in Small Arms and Light
Weapons in All Its Aspects. In addition, we served as
Vice-Chairman of the First Biennial Meeting, held in
New York, and we have supported every initiative that
might enable us to make progress in this area.
It is paradoxical that, since the creation of the
United Nations, small arms and light weapons have
consistently killed more people than the feared
weapons of mass destruction, chemical, biological and
nuclear, yet the United Nations has no international
treaty to regulate these small and lethal weapons.
Although we undoubtedly made progress with the
Programme of Action established in 2001, we are still
far from finding effective solutions, because little can
be achieved with non-binding resolutions and
statements. Therefore, the Security Council's growing
interest in dealing with this massive problem - which
affects human security on every continent - is
encouraging.
So we must ask ourselves: what, then, can the
Security Council do to effectively halt the illicit trade
in small arms? The clearest response now - there is no
other - is to carry out the recommendations contained
in the Secretary-General's report on this matter. We
believe they are fundamental to achieving effective
mandatory control over small arms and light weapons.
Among those recommendations, the following are very
important.
First, the Security Council should establish
concrete mechanisms to obligate States to comply with
the embargoes imposed by the Council against these
weapons. The Council must then establish monitoring
mechanisms and undertake enforcement measures
against Member States that violate the embargoes.
Secondly, the Security Council must support the
open-ended working group established by the General
Assembly to negotiate an international legal instrument
enabling States to identify and trace illicit small arms
and light weapons.
Thirdly, the Council must coordinate with the
General Assembly to promote, in any international
action aimed at conflict prevention, strategies aimed at
combating the illicit proliferation of small arms.
Fourthly, the Security Council must continue its
efforts to identify the links among the illicit trade in
small arms, the illegal exploitation of natural resources
and drug trafficking.
Fifthly, the Council must include in the mandates
of peacekeeping operations concrete provisions on the
disarmament, demobilization and reintegration of
former combatants. The main task should be to collect
and eliminate surplus small arms and light weapons in
order to prevent illicit trade that could generate new
conflicts or criminal violence. That task must be
closely related to an increase in the financial resources
available to light-weapons disarmament programmes
within the framework of peacekeeping operations, thus
ensuring that such an important process does not
depend on voluntary contributions.
In conclusion, I wish to reiterate that the best
thing the Security Council can do today is to provide
all possible support to initiatives aimed at negotiating
an international legal instrument that will enable States
to identify and trace, in a timely and reliable manner,
illicit small arms and light weapons. Although it is
certain that a legal instrument will not guarantee the
end of the multi-million-dollar trade represented by the
illicit sale of such weapons, it is also certain that such
an instrument will be an important point of departure in
combating a situation that, from the perspective of
human security, is becoming unsustainable.
For all those reasons, Peru strongly supports the
negotiation by the General Assembly of a legal
instrument to identify and trace small arms and light
weapons and congratulates you, Mr. President, on
having convened this meeting.
The President (spoke in Spanish): I now call on
the representative of the Syrian Arab Republic.
Mr. Mekdad (Syrian Arab Republic) (spoke in Arabic): I thank you, Mr. President, for convening this
open meeting, which provides another opportunity for
Member States to express their views and concerns
with regard to the issue of the illicit trade in small arms
and light weapons. I should also like to thank the
Secretary-General for his report (S/2003/12l7) on this
subject. In addition, I cannot fail to express our thanks
and appreciation to Mr. Nobuyasu Abe, Under-
Secretary-General for Disarmament Affairs, for
introducing the Secretary-General's report.
The 2001 United Nations Conference reaffirmed
that the problem of the illicit trade in small arms and
light weapons is extremely complex and difficult. It
threatens the lives of innocent people, particularly
children, women and the elderly, who continue to fall
victim to such weapons. That is why we have called
upon all States - particularly manufacturing and
exporting States - to make every possible effort,
through international cooperation, to find effective
solutions that will put an end to this tragedy.
The catastrophic damage caused by small arms
and light weapons has become obvious in the conflicts
that continue to afflict a number of African States as
well as in conflicts in States in other regions. In this
regard, we renew our appeal to all Member States to
respect the embargoes imposed by the Security Council
on the export of small arms and light weapons to
African countries suffering from conflict situations.
Here, I should stress that addressing the issue of
the illicit trade in small arms and light weapons must in
no way mean setting aside the priorities established by
the United Nations in the disarmament field. Those
priorities were clearly and unanimously set out by the
international community in the Final Document of the
first special session of the General Assembly devoted
to disarmament, held in 1978. That document
emphasized that top priority must be given to
disarmament in the area of nuclear weapons and the
other most lethal weapons of mass destruction.
Syria participated in the conference organized by
the Department of Disarmament Affairs, in cooperation
with the League of Arab States, a few weeks ago in
Cairo, Egypt, to study the needs and difficulties of
Arab States in confronting the issue of the illicit trade
in small arms and light weapons.
We hope that the outcome of the Conference will
be reflected in a future report of the Secretary-General.
In that regard, I underline that the difficulties faced by
Arab States are a result of the current situation: Israel's
occupation of Arab land and Israel's massive arsenal of
all types of nuclear, chemical and biological weapons,
in addition to its many advanced conventional weapons
systems.
Out of its desire to make the Middle East a region
free of all weapons of mass destruction, Syria has
submitted a draft resolution, which remains before the
Security Council, calling for the elimination of all
weapons of mass destruction in the region. We hope
that the situation will ripen, allowing all Council
members to vote in favour of that draft resolution.
Given the importance of regional and
international interaction and cooperation in confronting
the problem of the illicit trade in small arms and light
weapons, Syria has signed many agreements with
friendly and sister States to confront the problem and
maintain our common security.
While we affirm the importance of the role of the
Security Council in maintaining international peace
and security, we nevertheless believe that the Council
must address the root causes of the conflicts in which
such weapons are used. It should deal with those
causes and stress the vital need for compliance with its
resolutions in those situations. The Council could also
encourage initiatives aimed at mobilizing resources and
expertise in order to strengthen the United Nations
Programme of Action to Prevent, Combat and
Eradicate the Illicit Trade in Small Arms and Light
Weapons in All Its Aspects. It could also, if so
requested, provide assistance to States to overcome the
difficulties they face in implementing the Programme.
Allow me to stress once again that Syria is ready
for fruitful cooperation with all States within the
framework of the United Nations to seek reliable
means for eradicating the illicit trade in small arms and
light weapons. That would surely promote the role of
the United Nations in setting out the rules of
multilateralism in all aspects of international relations.
Mr. Laurin (Canada): I take this opportunity to
congratulate you, Sir, on your election to the
presidency of the Security Council and to thank you for
permitting this debate on small arms and light
weapons.
The pervasive and pernicious impact of small
arms on international peace and security requires the
Security Council's sustained attention to this issue.
Canada is encouraged by the Council's recent progress
on small arms, including with regard to enhanced
implementation of arms embargoes. We urge the
Council to continue to focus its attention on the
problem of small arms and its relationship with respect
for human rights and humanitarian law as well as more
traditional security concerns. Enhanced interaction
with the General Assembly to promote the further
development of long-term strategies within the
framework of conflict prevention and peace-building
could also be beneficial.
This debate affords us an invaluable opportunity
to recognize the substantial progress made to date,
consider lessons learned and, most important, commit
ourselves to addressing outstanding challenges with
renewed vigour. The Secretary-General's report
(S/2003/l2l7) serves as a useful guideline for
immediate international action. Compliance with arms
embargoes and sanctions regimes is key to
international peace and security. Canada calls upon all
Member States to effectively implement arms
embargoes imposed by the Security Council. Where
necessary, the Council should strengthen States'
capacities to uphold such embargoes, including via air
surveillance oversight. We urge the Council to continue
to utilize the tools available to it, including reports and
recommendations from monitoring groups and panels
of experts, to investigate alleged violations. Where
appropriate, the Council should also give consideration
to measures to be taken against those who violate arms
embargoes.
We would note that the Interpol Weapons and
Explosives Tracking System, created in Canada by the
Royal Canadian Mounted Police, is an excellent
example of a mechanism designed to identify and
monitor arms traffickers who have violated arms
embargoes established by the Council.
We would also underline the importance of the
work of experts in exposing the link between the illicit
trade in small arms and the illicit exploitation of
natural resources. We urge the Council to take
appropriate measures to break the link between arms
shipments through illicit channels and the illicit
exploitation of resources. In that regard, Canada
recognizes the need for consistent and verifiable end-
user certificates and welcomes the Secretary-General's
recommendation that all States establish the necessary
measures to ensure effective control over the export
and transit of small arms.
The forging of end-user certificates continues to
thwart international efforts to ensure accurate
monitoring of arms exports. Attention must also be
paid to the question of State responsibility for arms
transfers. There is no doubt that an effective global
response to small arms issues must address control on
transfers between States as well as transfers to non-
State actors.
Effective disarmament, demobilization and
reintegration programmes also merit additional Council
attention, particularly as successful post-conflict
reconstruction and reconciliation are often contingent
on concerted national, regional and multilateral
cooperation, as well as on sustained political will and
the concomitant allocation of requisite resources.
It is important to note that the responsibility to
address this issue falls not only to the Council but also
to States, international and regional organizations and
civil society. Much progress has been made by these
actors, including the recent establishment of an open-
ended working group to negotiate an instrument to
enable States to identify and trace illicit small arms and
light weapons. We look forward to the start of such
critical work, which, once completed, will help to curb
illicit transfers of small arms and prevent their
exportation to areas where they risk exacerbating
conflicts and contributing to serious violations of
human rights and international law.
(spoke in French)
Small arms and light weapons are still one of the
main causes of human suffering throughout the world,
as they account for more than half the loss of lives in
modern conflicts. First and primarily, it is individuals
that suffer: girls, boys, women and men, in various
tragic ways. In order to succeed, strategies to reduce
the proliferation and misuse of small arms and light
weapons must recognize those various requirements.
We must work locally with those who suffer daily from
this scourge and enable civil society, including
women's organizations, to participate in designing
programmes. Our efforts must promote both demand
reduction strategies and community police initiatives.
In order to achieve those great goals, it is important to
set up a competent and responsible security sector
designed to strengthen public security and better
respond to collective needs. The proliferation and
inappropriate use of small arms and light weapons has
profound effects that we need to consider. The problem
goes beyond the military, political, arms control and
disarmament domains: it has human and humanitarian
effects, as well as significant socio-economic
consequences.
In that context, Canada primarily and above all
seeks to protect people and to make their communities
safer. We will continue to actively participate in
various regional and multilateral organizations in the
Human Security Network in order to attain those goals.
Canada supports the efforts currently undertaken
by the United Nations to render the coordinated action
against small arms even more effective. The multi-
faceted nature of the important problems that these
weapons entail requires a coordinated and exhaustive
response that would use the resources and
competencies of various United Nations bodies. In our
view, we need to strengthen and focus this action,
because therein lies the key to an integrated
international response.
The challenge for the Security Council and for
Member States - as well as their partners in
international organizations and civil society - is to
now implement this urgent programme, in the
collective quest for tangible progress. We must involve
ourselves in other policy research and development
activities in order to bridge the gaps in the international
response, to provide the resources that this requires and
to prepare us for the biennial meeting of 2005 and the
review conference of 2006. We must act now in a
creative and constructive manner to achieve our
common objectives.
The President (spoke in Spanish): Before giving
the floor to the Ambassador of Zimbabwe, I would like
to recall what was said this morning about confining
the length of statements to five minutes for the sake of
the efficiency of the Council's work. We will be
circulating the full text of statements provided by
delegates.
I now give the floor to the representative of
Zimbabwe.
Mr. Chidyausiku (Zimbabwe): Failure to
actively participate in today's open debate, which
addresses one of the most acute problems of our times,
the scourge of small arms and light weapons, would be
a dereliction of duty on my part.
We thank you, Mr. President, for convening this
meeting. As noted in the Secretary-General's report on
small arms of 31 December 2003 (S/2003/l2l7), which
provides the basis for our meeting today, small arms
have acquired the less than enviable role of being one
of the main vehicles of violence and social instability
in many developing countries. My delegation
welcomes the report's recommendations on the
implementation of the United Nations Programme of
Action on Small Arms as well as the call for the
Council to strengthen the financing of disarmament,
demobilization and reintegration (DDR) programmes.
In Southern Africa, a growing number of issues
that know no borders, such as smuggling and trade in
small arms and light weapons and drugs, demand a
coordinated regional response. The Southern Africa
Regional Action Programme on Light Arms and Illicit
Arms Trafficking is guided by the Southern African
Development Community (SADC) Summit decisions
of August 1999. On the issue of prevention and combat
of illicit trafficking in small arms and related crimes,
the SADC Summit noted that conflicts in the SADC
region over many years led to a proliferation of arms,
including light weapons. This, in turn, contributed to
an increase in criminal activities, such as armed
robberies, illicit trafficking in small arms, drug
trafficking, money laundering and carjackings.
Relying on its philosophy, which is best described
by the adage "cooperation is better than competition",
SADC has developed a well-coordinated framework to
effectively combat armed trans-border crime and curb
the flow of small arms and light weapons.
SADC has established the Southern African
Regional Police Chiefs Cooperation Organization,
which acts as the regional database for information
associated with the flows of small arms and light
weapons.
The harmonization of basic criminal law relating
to drugs and small arms trafficking has also been a
priority area. This has been linked to the training and
education of the judiciary to encourage tougher
sentencing for firearms offences.
In the past, Zimbabwe has played an active and
influential role in this area, especially at the 2001
United Nations Conference on the Illicit Trade in Small
Arms and Light Weapons in All Its Aspects and its
associated preparatory committees. Zimbabwe signed
and ratified the SADC Protocol on Firearms,
Ammunition and Other Related Materials in August
2001, which provides a useful model for other regions
when considering the implementation of the
Programme of Action on Small Arms.
The Protocol reflects priority needs that relate to
the following: the coordination of procedures for the
import, export and transit of firearms shipments; the
standardized marking and identification of firearms at
the time of manufacture, import or export; transparency
and information exchange; and measures promoting
legal uniformity and minimum standards relating to the
manufacture, possession, import, export and transfer of
firearms and ammunition.
At a national level, Zimbabwe does not
manufacture small arms, nor does it have a national
coordination agency designed to deal specifically with
small arms and light weapons. However, there is an
existing mechanism of interaction and cooperation
between appropriate ministries and State agencies in
the field of arms control and disarmament and the
politico-military dimension of security.
In accordance with the United Nations
Programme of Action on Small Arms, Zimbabwe is in
the process of establishing a regional point of contact
on small arms and light weapons. Also in line with the
increasing focus on the importance of strengthening
strategic export and import controls, Zimbabwe has
taken steps to ensure that its import controls conform
to the highest international standards.
Zimbabwe's municipal laws pertaining to
firearms and ammunition provide a range of interesting
learning points. We have a Central Firearms Registry,
which acts as a database for civilians who own
firearms. The security ministries are in the process of
developing guidelines for undertaking a national
review of firearms legislation.
The integration into our Programme of Action of
the Secretary General's recommendation that the
Council strengthen the financing of disarmament,
demobilization and reintegration programmes (DDR)
will enhance the preventive measures already in place.
Zimbabwe and, indeed, most of its neighbours
that waged wars of national liberation know the
importance of well coordinated and funded DDR
programmes. Some of the projects essential for
successful DDR programmes include the following: the
provision of small-scale credit to returning female ex-
combatants and refugees, to facilitate their
reintegration into the community; the integration of
demobilized soldiers into the economic and social
reconstruction process through support for small scale
projects that provide income and employment
opportunities; funding for vocational training and
promotion of micro-enterprise for demobilized
soldiers; and support national programmes for
reintegration counselling and referral services.
In the case of the SADC, the international
community's support of the Regional Peacekeeping
Training Centre should be unwavering. The centre
provides training for army and civilian police
personnel who participate in United Nations
peacekeeping missions.
In conclusion, if our goal is prevention, that is,
curbing further international small arms proliferation
by way of strengthening the international capacity to
monitor and suppress the flow of small arms and light
weapons, our endeavours must tackle both the supply
and the demand side of the equation. In other words, a
holistic approach is needed, which addresses the causes
driving the demand for arms, such as poverty and
social deprivation.
International action to address small arms and
light weapons proliferation should not be a substitute
for coherent foreign and international policies to
promote economic development in the developing
world. Our gathering today should not provide a
pretext to avoid tackling the underlying causes
associated with poverty, unemployment and socio-
economic exclusion. I must emphasize that failure to
address the demand side of the small arms and light
weapons plague is likely to render all our other efforts
nothing more than an exercise in futility.
It is our fervent hope that the Council will
remained seized of this matter and continue to
encourage practical steps in support of the Secretary-
General's recommendations.
The President (spoke in Spanish): I now give the
floor to the representative of India.
Mr. Nambiar (India): Mr. President, I
congratulate you on Chile's presidency of the Council
for the month of January. We also congratulate
Bulgaria for its steering of the Council in December.
We welcome the presence of new members of the
Council - Algeria, Benin, Brazil, Philippines and
Romania, and extend our good wishes to them.
We thank you, Mr. President, for convening this
open debate of the Security Council on small arms.
India attaches importance to this issue and is
committed to the eradication of illicit trade in small
arms and light weapons. In keeping with this
commitment, we have been closely following this issue
in both the General Assembly and the Security
Council, and have actively contributed to cooperative
international efforts in addressing this multi-faceted
issue.
India is particularly aware of the complexity and
lethal nature of the problem of illicit trafficking in
small arms and light weapons. Since 1990 the
Government of India has seized in its states in the
north-east and in the north, approximately 39,000
weapons of all types. Their markings clearly indicate
that the sources of these weapons lie outside India.
Over the last two decades, thousands of innocent
civilians in India have fallen victim to the acts of
terrorists who use such illicitly obtained weapons for
their nefarious activities. We have also paid a high
developmental cost as a result.
India has, therefore, been actively associated with
the various initiatives under the aegis of the United
Nations to address the problem of illicit trafficking in
small arms and light weapons and welcomed the
adoption of the United Nations Programme of Action
to Prevent, Combat and Eradicate the Illicit Trade in
Small Arms and Light Weapons in All Its Aspects in
July 2001. Since then, India has been engaged in the
comprehensive and effective implementation of the
Programme of Action. We reiterate that commitment
today.
India welcomes the report of the United Nations
Secretary-General contained in document S/2003/l2l7,
on the ways and means by which the Security Council
could contribute to that issue. Since almost all terrorist
activities involve the use of illegal weapons, including
small arms, addressing that issue would also contribute
to the larger goal of combating terrorism.
There were also a number of recommendations in
the Secretary-General's report of 2002 (S/2002/1053),
which could go a long way towards combating the
problem of small arms. India is particularly pleased to
see that definite progress has been made in the
implementation of some of those recommendations.
An important recommendation was made with
regard to the development of an international
instrument to enable States to identify and trace, in a
timely and reliable manner, illicit small arms and light
weapons. India had the honour of chairing the Group of
Governmental Experts constituted by the Secretary-
General pursuant to General Assembly resolution
56/24 V of 24 December 2001 to study the feasibility
of developing such an international instrument. The
group recommended by consensus that it was both
desirable and feasible to commence work on such an
instrument under United Nations auspices - a
recommendation which was endorsed by the General
Assembly at its fifty-eighth session. India would
continue to contribute in the efforts for the early
finalization of such an instrument. We believe that
would be a significant step in our efforts to combat and
eradicate the illicit trade in small arms and light
weapons.
India was also associated with the Group of
Governmental Experts constituted to study the
continued operation of the United Nations Register of
Conventional Arms and its further development. The
Group was able to adopt by consensus its report in
which it agreed to the inclusion of man-portable air
defence systems within the scope of the Register.
Further, the group was also able to recommend that
interested States may, on a voluntary basis, report on
the transfers of small arms and light weapons as well.
As we are all aware, those weapons have become
instruments of choice of terrorists to execute their acts.
We hope that these steps, which are in keeping with the
recommendations of the United Nations Plan of Action,
would help in reinforcing our collective efforts to deal
with this scourge.
Illicit trade occurs because of illicit production or
because licit production or licit stocks enter the gray
and black markets, thus swelling the illicit weapons
market. Those weapons end up in the possession of
criminals, thereby exacerbating problems for law
enforcement agencies and, worse, getting into the
hands of unscrupulous arms brokers, ending up in areas
of conflict and into the hands of extremists and
terrorists. The Programme of Action recognizes that
measures are needed to ensure that there are effective
controls over legal transfers of small arms and light
weapons.
India follows a very strict policy with regard to
the export of small arms and light weapons that
includes the requirement for end-user certificates on a
Government-to-Government basis, and a ban on
exports to countries under United Nations embargo. It
is our hope that all other States would also undertake
an obligation not to supply such weapons to non-State
actors and would insist on authenticated end-user
certificates to ensure effective control over the export
and transit of such weapons. The international
community, for its part, must also ensure that the trade
in arms flows only through channels authorized by both
the exporting and importing Governments.
Greater exchange of information and
collaboration between Governments would be essential
in order to effectively address the problem. In that
context, we support the need to strengthen the
effectiveness of the International Criminal Police
Organization's (Interpol) International Weapons and
Explosive Tracking System (IWETS). We are happy to
note that Interpol is presently undertaking technical
evaluation to integrate the IWETS with its
communications systems and hope that that would be
completed soon. This would provide an additional tool
for Member States to fight terrorism and other crimes
associated with the illicit trafficking in small arms and
light weapons.
Linkages among illicit trade in small arms and
light weapons, the illicit exploitation of natural and
other resources, as well as the trade in narcotic drugs,
are important in the context of Somalia and Liberia as
brought out in the report of the Secretary-General. We
trust that careful consideration would be given by the
Security Council to the recommendations and findings
of committees constituted to investigate such linkages.
For its part, the international community must also
extend all the assistance necessary to help with the
disarmament, demobilization and reintegration
programmes in the relevant post-conflict situations.
Although the Programme of Action provides an
adequate basis for further work at all levels - national,
regional and global - and the primary responsibility
rests with the Member States themselves to address the
problem, we trust that the Security Council will take
effective and practical steps, based on this report, in
respect of those recommendations which are directly
within its competence. Such steps would restrict the
availability and use of illicit small arms and further
help the implementation of the Programme of Action.
The President (spoke in Spanish): I now call on
the Ambassador of Indonesia.
Mr. Jenie (Indonesia): My delegation welcomes
the convening of this open debate by the Security
Council in its continuing efforts to deal with the critical
problems posed by the illicit trade in small arms in
conflict-ridden areas. In recognizing the devastating
consequences of the accumulation and illegal trade of
those weapons, the Council has, to its credit,
undertaken a number of measures in stemming the flow
of arms to the conflict areas under its purview. While
those efforts have led to positive results in some areas
of the world, the problem has persisted in others with
the potential to ignite even greater disasters, and has
therefore become a preoccupation of the international
community.
Such illegal activities have not spared any
country or region. A sizeable number of illegally
possessed weapons flow to our region, fuel violent
crime, give rise to additional conflicts and engender
instability and insecurity at the national and regional
levels. These weapons have become part of the
growing menace of transnational organized crime.
My country has also been an unfortunate victim
of those vicious activities. Because of its long
coastlines and unique geographical attributes,
Indonesia is particularly vulnerable to illegal transfers
of small arms. Organized crime now easily make huge
illegal profits across borders in different countries by
utilizing advanced transportation and communication
technologies.
Hence, for us, the fight against individuals and
organizations that indulge in the illicit trade of
weapons has become a national priority, that must take
into account implications for our territorial integrity
and commitment to maintain national unity. Such an
unsettling state of affairs also hinders the settlement of
separatist tendencies in certain parts of the country that
are detrimental to our national stability and security.
It is against these overriding considerations that
my delegation welcomes the report of the Secretary-
General in document S/2003/12l7 and the
recommendations contained therein to curb and
eliminate the global scourge of small arms. We also
welcome in particular the call for efforts to develop an
international instrument to enable States to identify and
trace illicit arms in a timely and reliable manner. In this
regard, we endorse the finding of the Group of Experts
that it is feasible to develop such an instrument that
would make a significant contribution to eradicate that
menace. The General Assembly's decision to establish
a working group to negotiate its nature and scope is a
step in the right direction and we look forward to
actively participating in its deliberations.
My delegation is gratified to note the Secretary-
General's recommendation for greater interaction
between the General Assembly and the Security
Council within the framework of international efforts at
conflict prevention and peace-building that would
promote, in a coordinated manner, the crucial task of
developing long-term strategies to halt the illicit
proliferation of small arms and could, in particular,
promote the implementation of the United Nations
Programme of Action on Small Arms at national,
regional and global levels. States belonging to the
Association of South-East Asian Nations are active at
those levels, in implementing that programme.
In the post-conflict period in the countries cited
in the report, which are mostly in Africa, commendable
progress has been made in such diverse areas as
consolidating State authority throughout the country,
implementing demobilization, disarmament,
rehabilitation and resettlement programmes for ex-
combatants, fostering human rights and national
reconciliation and promoting socio-economic progress.
These efforts were undertaken within the right of States
to self-defence and security and without prejudice to
their corresponding right for effective control over the
export, import, transit and storage of small weapons.
They are all crucial to the consolidation of peace and
security.
For these reasons, my delegation commends the
Secretary-General's proposal for the maintenance of a
comprehensive approach to address these situations,
including with regard to rendering assistance in
capacity-building and confidence-building measures;
conflict prevention initiatives and peacekeeping
operations; and the establishment of a secure
environment for sustainable development. Thus,
complex challenges involving the political, security,
humanitarian and economic dimensions of conflict in a
region can be taken as a whole to facilitate the
transition from peacekeeping to peace-building, and
from relief to development.
Indonesia supports in principle the existing
mechanism for transparency in armaments under the
United Nations Register of Conventional Arms, which
is included as one of the recommendations. Apart from
the seven major categories of arms included in the
Register, its further development should also entail
bringing in other categories such as stockpiling,
national production and military holdings.
In conclusion, my delegation can go along with
the Secretary-General's assessment that, while
significant progress has been made in numerous areas
through a series of measures in stemming the illicit
trade in small arms, other areas present a mixed
picture. We should continue to resolve old concerns
while identifying new ones, as we look forward to the
Second Biennial Meeting of States to consider the
implementation of the United Nations Programme of
Action on Small Arms and Light Weapons, to be held
next year, which will chart a further course of action in
preparing for the review conference in 2006.
The President (spoke in Spanish): The next
speaker is the representative of Sierra Leone, on whom
I now call.
Mr. Pemagbi (Sierra Leone): My delegation
would like to join others in congratulating you, Sir, on
your assumption of the presidency of the Security
Council the first month of 2004 and for your efforts to
sustain the momentum of the attempt to rid the world
of small arms and light weapons.
The title of the agenda item under consideration
by the Council is "Small arms". However the issue is,
of course, the illicit trade in small arms and light
weapons. As the Secretary-General states in his most
recent report, the General Assembly recently took an
important decision with a view to dealing with this
issue: the establishment of an open-ended working
group to negotiate an international instrument to enable
States to identify and trace, in a timely and reliable
manner, illicit small arms and light weapons.
We consider that to be one of the most far-
reaching decisions in current efforts to eradicate what
has become another scourge in the world today,
especially in Africa. For a country that has experienced
the agony and the devastating effects of this inhuman
trade, Sierra Leone wholeheartedly supports any action
that is directed at the source of the problem - the
manufacturing and supply channel. We do so not
because we underestimate the need to deal more
effectively with the so-called consumer side of the
equation but, on the contrary, because we strongly
believe that the firearms industry has not done enough,
as far as legally-binding measures are concerned, to
check the flow of these deadly weapons and to ensure
that they do not reach non-State actors.
The General Assembly's decision concerning an
international instrument on marking and tracing came
within four months of the First Biennial Meeting of
States to Consider the Implementation of the 2001
Programme of Action To Prevent, Combat and
Eradicate the Illicit Trade in Small Arms and Light
Weapons in All Its Aspects.
The General Assembly has already made an
invaluable contribution towards the eradication of the
problem. The Secretary-General's most recent report
(S/2003/l2l7) focuses on the Security Council's own
contribution. In the view of the Sierra Leone
delegation, the question is, "What should the Council
do, or what is it obligated to do?"
The fact is that Council should continue to
acknowledge that the illicit trade in small arms and
light weapons poses a serious threat to international
peace and security. Therefore, as the organ with
primary responsibility for the maintenance of
international peace and security, it must assume its
responsibility in removing the threat. The Council must
go beyond its presidential statements - statements in
which it expresses support for such efforts as the
drafting of the proposed international instrument on
marking and tracing and the establishment of national
registers of arms brokers and end-user certificates.
These expressions of support for efforts undertaken by
Member States and regional organizations are always
welcome. They provide the political weight that is
often needed to strengthen the implementation of such
initiatives. However, in our view the Security Council
should, for instance, seek other means of enforcing its
arms embargoes.
In this connection, we note the Secretary-
General's observation in his most recent report, that
while arms embargoes continue to be the most frequent
sanctions measure imposed by the Council, they have
proved to be extremely difficult to enforce. The
Council should, as a matter of urgency, address the
problem of lack of compliance by Member States,
especially non-compliance that is attributable to
inadequate legislation, lack of enforcement or technical
capacity. We share the Secretary-General's suggestion
that the Council should consider steps that could assist
Member States in implementing the mandatory arms
embargoes.
Sierra Leone welcomes the decision of the
Council to maintain the arms embargo against Liberia.
While prospects for peace and stability in the Mano
River Union countries have improved considerably
with the expansion of the United Nations peacekeeping
operations in Liberia and the start of the disarmament,
demobilization and reintegration programme (DDR),
we cannot afford to be complacent. The arms embargo
must be scrupulously monitored.
We note with satisfaction the observation that the
Security Council has focused considerable attention on
DDR programmes in United Nations peacekeeping
missions. For example, reference is made in the report
to the Council's call on parties to conflict in West
Africa to recognize the importance of activities related
to DDR in post-conflict situations, and specific
measures for the collection and disposal of illicit
and/or surplus small arms.
We note in paragraph 5 under recommendation 2
of the Secretary-General's report, that the Security
Council, in welcoming the identification of arms
traffickers who have violated arms embargoes
established by the Council, has called on Member
States to impose appropriate penalties on such
violators.
Sierra Leone believes that the Council should
consider what action should be taken when States fail
to penalize arms traffickers who violate the Council's
arms embargoes.
Recognition of the importance of DDR and
related activities cannot be overemphasized. However,
the Security Council should find a more practical and
effective means of addressing the problem of shortfalls
in funding DDR programmes. Timely and adequate
funding is critical to the success of DDR programmes
and efforts to prevent, combat and eradicate the illicit
trade in small arms and light weapons. In the view of
the Sierra Leone delegation, actions taken by the
Council, as outlined in the latest report of the
Secretary-General on small arms, have not adequately
addressed the recommendation concerning the funding
of DDR programmes through the assessed budget for
United Nations peacekeeping operations.
We continue to support the recommendation that
the Council should consider strengthening the
financing of DDR programmes through the expansion
of measures covered under the budget for peacekeeping
operations. We agree that this would ensure that DDR
activities are not entirely dependent on voluntary
contributions from Member States.
In this connection, we recall that last year, in
expressing concern about the continuing financial
shortfall in our Multi-Donor Trust Fund for DDR, the
Council merely urged the Government of Sierra Leone
to seek actively the urgently needed additional
resources for reintegration. We also recall that the DDR
programme initiated and launched by the Government
before the 1999 Lome Peace Agreement stalled
miserably because of funding problems.
While the Secretary-General is pleased to note
the significant and encouraging progress achieved in
the implementation of the various recommendations,
Sierra Leone attaches special importance to the issue of
secure funding for DDR from the assessed
peacekeeping budget - an issue that the Secretary-
General has underscored in the three concluding
paragraphs of his report.
We trust that the Council will give it the serious
attention it deserves in the context of the threat that the
illicit trade in small arms and light weapons continues
to poses to international peace and security, and the
Council's primary responsibility for the maintenance of
international peace and security.
The President (spoke in Spanish): The next
speaker on my list is the representative of Mali, to
whom I give the floor.
Mr. Diarra (Mali) (spoke in French): Allow me,
Sir, to convey to you my delegation's congratulations
on your assumption of the presidency of the Security
Council for January, and to thank you for having
initiated a debate on this subject.
I should like also to congratulate the Secretary-
General, Mr. Kofi Annan, for the high quality of his
report contained in document S/2003/1217, and the
Under-Secretary-General for Disarmament Affairs for
having introduced it.
This very useful document provides responses to
concerns expressed by the Council in its statement of
31 October 2002, in which the Council requested the
identification of
"initiatives undertaken to implement the
recommendations of the Secretary-General on
ways and means in which the Security Council
could contribute to dealing with the question of
the illicit trade in small arms and light weapons in
situations under its consideration". (S/2003/I2I7,
p. I)
The situations under consideration by the Council
which are fuelled by the illicit trade in small arms are
basically confined to the developing countries, in
particular those in Africa. In such crisis situations, the
risk of the use of weapons of mass destruction is
practically nil. However, because of their uncontrolled
proliferation, small arms and light weapons have an
impact that is almost as devastating, leading to the
destruction of human lives, in particular those of the
most vulnerable - women and children. But the
adverse effects of such crises can also be seen on the
weak infrastructure of the affected countries.
Finally, they lead to chronic instability, which
affects the international credibility of the entire
continent.
Whatever the origins and manifestations of these
crises, they have certainly troubled the international
community. In Africa, there have been bilateral
responses to them, as was the case of Mali in the
1990s, with Algeria's mediation. There have been
subregional responses such as the Economic
Community of West African States (ECOWAS)
Mechanism for Conflict Prevention, Management and
Resolution, and the mediation efforts of the Inter-
Government Authority on Development (IGAD) and of
the southern African mechanism. There have also been
also continent-wide responses, through the African
Union's Mechanism for Conflict Prevention,
Management and Resolution, which has demonstrated
its value and which will soon be replaced by the Peace
and Security Council and the Africa Peace Fund.
The response has been essentially international in
the case of the Security Council, which bears the
primary responsibility for the maintenance of
international peace and security. This awareness of its
responsibilities is the reason why it has simultaneously
authorized six peacekeeping operations in our
continent. We hope that it will soon authorize the
transformation of the United Nations Mission in C6te
d'Ivoire (MINUCI) into a United Nations peacekeeping
operation.
The efforts of the international community are
often thwarted by the persistence of certain crises. Two
factors, generally speaking, are behind this situation:
the illegal exploitation of natural resources in conflict
areas, and the illicit trade in small arms and light
weapons. These two phenomena are indeed linked -
one fuels the other.
The combat against these practices is being
waged at various levels. At the subregional level, for
example, there is the ECOWAS moratorium on small
arms, which was renewed in 2001; the Protocol
adopted by southern Africa, also in 2001; and the draft
Protocol for East Africa.
The continent-wide reaction to the illegal
proliferation of small arms is enshrined in the Bamako
Declaration, which was adopted following the
ministerial conference of the Organization of African
Unity (OAU) held on 1 December 2000, and the
Algiers Action Plan, adopted on 14 September 2002.
But it was the entire international community that
mobilized and adopted the Programme of Action to
Prevent, Combat and Eradicate the Illicit Trade in
Small Arms and Light Weapons in All Its Aspects,
following the United Nations Conference held from 9-
20 July 2001.
The principal organs of the United Nations have
also adopted measures in this respect. In resolution
58/241, the General Assembly decided to establish an
open-ended working group to negotiate an international
instrument to enable States to identify and trace, in a
timely and reliable manner, illicit small arms and light
weapons.
The Council endorsed the relevant
recommendations of the Secretary-General and, in its
declaration of 31 October 2002, asked the Secretary-
General to produce the report that is before us.
The recommendations contained in the report are
relevant. Some of them were reflected in States'
reports on the occasion of the First Biennial Meeting
on the implementation of the Programme of Action, to
which I referred earlier.
As the first recommendation suggests, my
country, Mali, participated in 2003 in the Oslo
Conference on the drafting of an international
convention on the transfer of arms, and stated its
support for the French-Swiss initiative on the
traceability of weapons and for the Group of
Governmental Experts.
However, effective participation in these
initiatives requires technical capacity that my country
does not possess. Here I wish to commend the expertise
that the Programme for Coordination and Assistance
for Security and Development is providing to the
subregion, including my country, with the assistance of
the United Nations Development Programme.
With regard to recommendation 5, Mali abides by
sanctions and embargoes on arms and is engaged in a
second reading of its national law on the circulation of
weapons, in order to strengthen control over them.
With regard to recommendation 7, agreements to
resolve the crisis in the north of Mali in the 1990s
included, at a very early stage, a disarmament,
demobilization and reintegration aspect, which made it
possible to collect weapons in exchange for micro-
development projects to benefit demobilized
combatants, simultaneously with the political process
of normalization.
Mali was successful in that process thanks to the
generosity of its partners. But today's reality is that,
because of the large number of hotbeds of tension,
post-conflict reconstruction is being sidelined - hence
the relevance of recommendation 8, which seeks to
increase the budget of peacekeeping operations in this
area.
Some of the recommendations are not the
responsibility of individual States; their
implementation lies with the Organization's principal
organs - the General Assembly and the Security
Council - between which cooperation would be useful
in that regard. My delegation expresses its support for
these recommendations.
In conclusion, I should like to emphasize an
important aspect: raising awareness of the issue of
small arms. To that end, civil society, non-
governmental organizations and the media could play a
central role.
The President (spoke in Spanish): I now call on
the representative of Costa Rica.
Mr. Stagno Ugarte (Costa Rica) (spoke in Spanish): My delegation is pleased to see you, Sir, the
Permanent Representative of Chile, presiding over the
Security Council this month. The fact that your country
is presiding over the Council during January
undoubtedly augurs well for the rest of the year.
The accumulation, proliferation and illegal use of
small arms and light weapons pose a threat to the peace
and stability of all peoples. The proliferation of such
weapons fuels armed conflicts, exacerbates violence,
promotes crime and terrorism, contributes to the flow
of refugees and internally displaced persons, makes
peace processes more difficult and hinders
humanitarian assistance. As Barbara Frey, Special
Rapporteur of the Sub-Commission on the Promotion
and Protection of Human Rights, recognized, "Small
arms are used to violate, directly and indirectly, the
entire spectrum of human rights"
(E/CN.4/Sub.2/2002/39, para. 76).
We are pleased that the Security Council has
recognized the pernicious impact of the proliferation of
small arms and light weapons and that it has therefore
decided to include that subject on its agenda. This body
has already adopted a number of valuable
recommendations, such as the request that all States
use end-user certificates in their arms transfers, the
appeal to arms-exporting countries for greater
responsibility, the invitation to establish national
registers of weapons intermediary firms and the appeal
to impose sanctions against those who violate arms
embargoes. The implementation of all those
recommendations is indispensable, but it is not
sufficient in itself.
The international community's action with regard
to small arms must go beyond marking weapons and
implementing existing embargoes. It is time to look at
the problem of small arms from the perspective of
human rights. It is time to prohibit the transfer of
military equipment or personnel or of financial and
logistical support to States whose military units or
security forces participate in human rights violations. It
is time to prohibit the sale of weapons to those who do
not respect democratic principles or have not ratified
the principal instruments of human rights or
international humanitarian law.
My delegation welcomes the recent creation by
the General Assembly of an open-ended working group
to negotiate an international instrument that will enable
States to identify and trace illicit small arms and light
weapons. We also welcome the report of the Group of
Experts that designed the reference framework for
future negotiations. However, the mandate of those
negotiations is limited. It is not sufficient to create
norms for tracing and marking; we need to adopt
binding norms defining when the use of weapons is
legitimate and under what conditions arms transfers
can be authorized. To that end, the Government of
Costa Rica is promoting a draft framework convention
on international arms transfers, prepared by a group of
non-governmental organizations, Nobel Peace Prize
laureates and qualified jurists. The draft strives to be a
faithful codification of State obligations arising from
existing international law, including international
humanitarian and human rights law, with regard to
arms transfers.
As a basic principle, the draft framework
convention establishes that every arms transfer must be
authorized. The text also stipulates a number of
restrictions on transfers arising directly from existing
State obligations under current international
humanitarian law, such as the prohibition on the use of
weapons that cause excessively injurious or
indiscriminate effects. In addition, the draft establishes
a number of prohibitions on arms transfers when it is
evident that they will be used to violate the Charter of
the United Nations, to commit grave violations of
human rights or international humanitarian law, or to
perpetrate genocide or crimes against humanity.
The framework convention seeks, not to create
any new obligations, but to specify categorically the
logical and necessary implications of the norms and
principles already in force. The draft also seeks the
adoption of innovative measures of a precautionary
nature that, in principle, should be taken into account
whenever arms transfers are authorized. We hope that
the draft will become a model for internationally
binding agreements that, once adopted, will facilitate
coordinated and concrete action involving the
regulation of arms transfers.
Furthermore, the Security Council must design
new mechanisms to guarantee compliance with arms
embargoes. The most recent report of the Secretary-
General (S/2003/1217) reveals that compliance with
recommendations related to embargoes remains
deficient. Suffice it to recall that, in 2001, 54 countries
were linked to transfer or resale of weapons in express
violation of existing embargoes. In the meantime, the
sanctions committees established by the Security
Council to verify compliance with such embargoes
were unable to take any effective action. That came as
no surprise: the sanctions committees are political
bodies that lack the technical capacity to carry out
genuine verification work. That is why we believe it is
necessary to create a mechanism within the Secretariat
to proactively monitor the implementation of arms
embargoes and to serve as technical support for the
sanctions committees' political work.
In the past few years, both the Security Council
and the General Assembly have taken a number of
positive steps against the scourge of small arms. Some
measures have been positive; others have not been
effective. Let us continue to move forward; there is
still a long road ahead.
The President (spoke in Spanish): I now call on
the representative of Armenia.
Mr. Martirosyan (Armenia): Since this is the
first time I have taken the floor this year, I should like
to congratulate the new non-permanent members of the
Security Council and to wish them success for the
whole period of their tenure.
The problem of combating the illicit trade in
small arms and light weapons has gained momentum
during the past several years. To address that and many
other issues generated by that illicit trade, a
Programme of Action was adopted in 2001. Member
States were requested to provide information on a
voluntary basis on the implementation of the
Programme of Action, and my country duly complied
with that request by presenting its national report in
2003.
Here, I should like to note that we view the
Programme of Action as the starting point of a long,
effort-driven process requiring implementation, review,
updating and follow-up. The open-ended working
group recently established pursuant to resolution
58/241 - adopted only a month ago by the General
Assembly - is a further step forward in mobilizing
international efforts to effectively curb this problem. In
that regard, we should like to express our
congratulations to Mr. Anton Thalmann on his
nomination as Chairman of the working group, and we
wish him and the group every success in carrying out
their duties to further this cause. I should like to assure
the Council that my country and our delegation stand
ready to assist the working group in its efforts in any
way possible.
As Ijust said, Armenia has presented its national
report on the implementation of the Programme of
Action in Armenia. Without going into much detail, I
should merely like to cite recent developments in that
field in my country. Combating all types of illicit
trade- including the trafficking in small arms and
light weapons - remains a priority for the Government
of Armenia.
We intend to further develop our national
legislation and its enforcement to increase the
effectiveness of our efforts towards this goal. To that
end, the decision of the Armenian Government on the
rules and procedures of the licensing of the production
of arms in the Republic of Armenia entered into force
in July 2003, adding to the existing laws and
regulations and enabling more complete and stricter
oversight in this field.
Additionally, the new criminal code, which
entered into force on 1 August 2003, has expanded the
scope of the existing legislation by directly addressing
criminal offences in the illegal manufacture,
possession, stockpiling, acquisition, sale, transportation
and theft of arms and ammunition or explosives and by
defining criminal offences relative to the inaccurate or
careless stockpiling of arms.
Notwithstanding all the aforementioned, it should
be noted that there are no potentially destabilizing
accumulations of small arms and light weapons in the
territory of Armenia, and the Government exercises
stringent control over the possession, manufacturing
and trading of small arms in the territory of the
country.
As is commonly recognized now, the issue of
small arms and light weapons is not merely an arms
control and disarmament issue. It has a human rights
dimension. It is linked to terrorism and organized
crime, to mention just a few. Henceforth, the problem
of small arms and light weapons should be dealt with
from an inclusive perspective of national, regional and
international security, conflict-prevention and post-
conflict peace-building. Therefore, we should maintain
a balanced and comprehensive approach to effectively
address this issue.
Nonetheless, it should be noted that while small
arms and light weapons play a significant role in
exacerbating conflicts, the roots of those conflicts lie in
political, economic, ethnic and cultural differences and
disparities. These are often aggravated by governance-
related deficiencies, weak democratic institutions or
lack thereof, non-observance of and disrespect for
human rights and fundamental freedoms, as well as
disregard of the right of peoples to self-determination.
We should be aware of the fact that the complex nature
of conflicts requires a comprehensive approach rather
than reducing it to the problem of small arms and light
weapons alone.
Armenia successfully cooperates in this field with
regional organizations, the Organization for Security
and Cooperation in Europe (OSCE) in particular. We
welcome the adoption of the OSCE's best practice
guide, which marks further progress in this area.
However, further steps could be taken to enhance
cooperation by establishing a register of small arms
and light weapons, as well as other cooperation
mechanisms such as subregional transparency and
confidence-building measures with a view to
combating illicit trade. Harmonization of national
control laws and regulations, as well as the exchange of
national lists of registered brokers, can be carried our
within subregional and regional frameworks as well.
Such initiatives may run parallel to the conflict-
resolution efforts in regions such as ours by preventing
further arms races and serving as a significant
confidence-building measure.
The President (spoke in Spanish): I now give the
floor to Mr. Abe, Under-Secretary-General for
Disarmament Affairs, so that he can respond, perhaps,
to some of the comments made by delegations.
Mr. Abe: I shall be very brief. I wish to thank
delegations for the expressions of appreciation and
encouragement they have given to the work of the
Secretariat concerning small arms. The Secretariat will
continue working on the question of small arms on the
basis of the discussions held in the Council today. The
Secretariat will stand ready to assist any further work
of the Security Council concerning small arms and
light weapons. Finally, the Secretariat will be reporting
to the Council as appropriate.
The President (spoke in Spanish): As a result of
the consultations held among the members of the
Council, I have been authorized to make the following
statement on behalf of the Council.
(spoke in English)
"The Security Council welcomes the report
of the Secretary-General on the implementation
of his recommendations to the Council entitled
'Small arms' (S/2003/1217) of 31 December
2003, and reaffirms the statements of its President
of 31 October 2002 (S/PRST/2002/30), of 24
September 1999 (S/PRST/1999/28), and of 31
August 2001 (S/PRST/2001/21).
"The Security Council recalls its primary
responsibility under the Charter of the United
Nations for the maintenance of international
peace and security, in view of which its attention
is drawn inevitably to the illicit trade of small
arms and light weapons, as such weapons are the
most frequently used in armed conflicts.
"The Council reaffirms the inherent right of
individual or collective self-defence in
accordance with Article 51 of the Charter of the
United Nations and, subject to the Charter, the
right of each State to import, produce and retain
small arms and light weapons for its self-defence
and security needs.
"The Council welcomes all efforts already
undertaken by Member States and calls upon
them to fully implement at the national, regional
and international levels the recommendations
contained in the Programme of Action adopted in
July 2001 by the United Nations Conference on
the Illicit Trade in Small Arms and Light
Weapons in All Its Aspects.
"The Council welcomes resolution 58/241
of 23 December 2003 of the General Assembly
by which, among other things, it decided to
establish an open-ended working group to
negotiate an international instrument to enable
States to identify and trace, in a timely and
reliable manner, illicit small arms and light
weapons and calls upon all Member States to
support all efforts aimed at this purpose.
"The Council encourages the arms-
exporting countries to exercise the highest degree
of responsibility in small arms and light weapons
transactions. It also encourages international and
regional cooperation in the consideration of the
origin and transfers of small arms and light
weapons in order to prevent their diversion to
terrorist groups, in particular, Al Qaeda. The
Council welcomes the significant steps that have
been taken by Member States in this regard. The
obligation of Member States to enforce the arms
embargo should be coupled with enhanced
international and regional cooperation concerning
arms exports.
"The Security Council reiterates its call on
all Member States to effectively implement arms
embargoes and other sanction measures imposed
by the Council in its relevant resolutions and
urges Member States in a position to do so to
provide assistance to interested States in
strengthening their capacity to fulfil their
obligations in this regard. The Council
encourages Members to undertake vigorous
actions aimed at restricting the supply of small
arms, light weapons and ammunitions to areas of
instability. The Council further encourages
Member States to provide the Sanctions
Committees with available information on alleged
violations of arms embargoes and also calls on
Member States to give due consideration to the
recommendations of the related reports.
"The Council continues to recognize the
need to engage the relevant international
organizations, non-governmental organizations,
business and financial institutions and other
actors at the international, regional and local
levels to contribute to the implementation of arms
embargoes.
"The Security Council reiterates the
importance of carrying out disarmament,
demobilization and reintegration programmes, an
increasingly essential component of peacekeeping
mandates, as comprehensively and effectively as
possible in post-conflict situations under its
consideration.
"The Security Council takes note of the
inclusion of man-portable air defence systems
(MANPADS) on an exceptional basis in the
United Nations Register of Conventional Arms.
"The Security Council requests the
Secretary-General to update the Council for its
next meeting on the subject on the further
implementation of the recommendations
contained in his report entitled 'Small Arms' of
31 December 2003."
(spoke in Spanish)
This statement will be issued as a document of
the Security Council under the symbol S/PRST/2004/l.
As there are no further speakers inscribed on my
list, the Security Council has thus concluded the
present stage of its consideration of the item on its
agenda.
The meeting rose at 5.10pm.
▶ Cite this page
UN Project. “S/PV.4896Resumption1.” UN Project, https://un-project.org/meeting/S-PV-4896Resumption1/. Accessed .