All of the African subregional SALW and ammunition subregional instru-ments require Member States to cooperate in the implementation of these instruments� In fact, African States have had considerable constructive experi-ence of inter-state cooperation with regard to the control of SALW and ammu-nition� This has mainly been facilitated through processes and activities facilitated by subregional organisations and police cooperation organisations�
The specific subregional SALW and ammunition obligations are as follows:
African SALW protocol/convention Relevant articles ECOWAS Convention on Small
Arms and Light Weapons, Their Ammunition and Other Related Materials79
This Convention is legally binding for the following States: Benin, Burkina Faso, Cape Verde, Côte d’Ivoire, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo
Article 26
1. Member States undertake to promote intra- and inter-state cooperation in the implemen-tation of this Convention. To this effect:
(a) The ECOWAS Executive Secretary shall prepare procedures for interstate coopera-tion between security forces, the services in charge of border controls and all other services concerned, in the spirit of this Convention;
African SALW protocol/convention Relevant articles
(b) The ECOWAS Executive Secretary shall facilitate and seek assistance for the training of officials in intra- and inter-state cooperation.
Nairobi Protocol for the
Prevention, Control and Reduction of Small Arms and Light Weapons in the Great Lakes Region and the Horn of Africa80
This Protocol is legally binding for the following States: Burundi, the Central African Republic, the DRC, Djibouti, Eritrea, Ethiopia, Kenya, Rwanda, Seychelles, Somalia, South Sudan, Sudan, Tanzania and Uganda
Article 15
(a) States Parties shall establish appropriate mechanisms for cooperation among law enforcement agencies to promote effective law enforcement including:
(i) Strengthening regional and continental coop-eration among police, customs and border control services to address the illicit prolifera-tion, circulation and trafficking of small arms and light weapons. These efforts should include, but not be limited to, training, the exchange of information to support common action to contain and reduce illicit small arms and light weapons trafficking across borders, and the conclusion of necessary agreements in this regard;
(ii) Establishing direct communication systems to facilitate free and fast flow of information among the law enforcement agencies in the sub-region;
(iii) Establishing multi-disciplinary/specialized law enforcement units for combating the illicit manufacturing of and trafficking in, possession and use of small arms and light weapons;
(iv) Promoting cooperation with international organisations such as the International Criminal Police Organisation (INTERPOL) and the World Customs Organisation (WCO) and to utilise existing data bases such as the INTERPOL Weapons and Explosives Tracing System (IWETS);
(v) Introducing effective extradition arrangements.
SADC Protocol on Control of Fire Arms, Ammunition and Other Related Materials81
This Protocol is legally binding for the following States: Angola, Botswana,
1. State Parties shall cooperate with each other to provide mutual legal assistance in a concerted effort to prevent, combat and eradicate the illicit manufacturing of firearms, ammunition and other related materials and their excessive and destabilising accumulation, trafficking, posses-sion and use.
Article 15
State Parties shall establish appropriate mecha-nisms for cooperation among law enforcement agencies of the State Parties to promote effective implementation of this Protocol including the:
African SALW protocol/convention Relevant articles
(a) Establishment of direct communication sys-tems to facilitate a free and fast flow of infor-mation among the law enforcement agencies in the Region;
(b) Establishment of an infrastructure to enhance effective law enforcement, including suitable search and inspection facilities at all desig-nated ports of exit and entry;
(c) Establishment of multi-disciplinary law enforce-ment units for preventing, combating and eradicating the illicit manufacturing of firearms, ammunition and other related materials and their excessive and destabilising accumulation, trafficking, possession and use;
(d) Promotion of cooperation with interna-tional organisations such as the Internainterna-tional Criminal Police Organisation and World Customs Organisation and to utilise existing data bases such as the Interpol Weapons and Explosives Tracing System;
(e) Establishment of national focal contact points within the respective law enforcement agen-cies for the rapid information exchange to combat cross-border firearm trafficking; and (f) Introduction of effective extradition
arrange-ments.
Central African Convention for the Control of Small Arms and Light Weapons, their Ammunition and all Parts and Components that can be used for their Manufacture, Repair and Assembly82
This Convention is yet to enter into force, but has the support of the Member States of the Economic Community of Central African States:
Angola, Burundi, Cameroon, the Central African Republic, Chad, Congo, the DRC, Equatorial Guinea, Gabon and São Tomé and Príncipe
Article 24
1. In order to strengthen confidence, the States Parties shall establish a system of judicial cooperation and shall share and exchange information through the customs, police, water and forest services, the gendarmerie, the bor-der guards or any other competent State body.
2. The information exchanged may concern criminal groups and networks of illicit traffick-ing in small arms and light weapons, their ammunition and all parts and components that can be used for their manufacture, repair and assembly.
3. The States Parties shall also exchange information on sources and supply routes, consignee states, means of transport and any financial support available to the groups indicated in Paragraph 2 of this article.
4. Each State Party shall inform the others of the convictions of individuals or legal entities involved in manufacture, trade or illicit traf-ficking decided by its courts. The information shall also cover any seizure and destruction operations.
African SALW protocol/convention Relevant articles
5. Without prejudice to other actions they might take, the States Parties shall also exchange data relating to:
(a) Manufacture (marking system and tech-niques, authorized manufacturers);
(b) Transfers (exports to and/or imports from any other State, transit, available infor-mation concerning national legislation, existing practices and controls, authorized dealers and brokers);
(c) Existing stockpiles (security, destruction, losses, thefts, illicit seizures).
6. The cooperation mechanism and the system for the exchange of information must make it possible, inter alia, to improve the capacity of the security forces and other intelligence services including through training sessions on investigative procedures and law enforce-ment techniques in relation to the implemen-tation of this Convention.
Article 33
The States Parties undertake to promote coop-eration among states and among various compe-tent government bodies in the implementation of this Convention.
Implementation
International assistance
Overview of
international assistance
As with international cooperation, international assistance has become an important component of multilateral arms control, non-proliferation and disarmament instruments as a result of the recognition that there are economic, expertise and capacity disparities between States� In addition, it is widely acknowledged that such instruments will not be effective unless all States Parties have the capability to implement the primary provisions of such instruments�
In some instruments there have been humanitarian considerations behind international assistance provisions� For example, assistance for those individuals who have been injured, maimed and/or disabled by anti-personnel mines and cluster munitions is provided for in the Convention of the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction and the Convention on Cluster Munitions83 (see section on Implementation: victim assistance below)�
In terms of conventional arms control international assistance has been a consistent focal area of the UNPoA� Two of the key provisions of this instrument are as follows:
States and appropriate international and regional organizations in a posi-tion to do so should, upon request of the relevant authorities, seriously consider rendering assistance, including technical and financial assistance where needed, such as small arms funds, to support the implementation of the measures to prevent, combat and eradicate the illicit trade in small arms and light weapons in all its aspects as contained in the Programme of Action.84
...
With a view to facilitating implementation of the Programme of Action, States and international and regional organizations should seriously consider assist-ing interested States, upon request, in buildassist-ing capacities in areas includassist-ing the development of appropriate legislation and regulations, law enforcement, tracing and marking, stockpile management and security, destruction of small arms and light weapons and the collection and exchange of information.85
National reports and statements on the implementation of the UNPoA have revealed that some States, the UN, intergovernmental organizations and non-governmental organizations have provided significant assist-ance to many of those States that have requested assistassist-ance� This support has taken the form of (among others) training and capacity-building (such as marking, record-keeping, stockpile management, border con-trols, national coordination agency management, law enforcement and public awareness), technical assistance (such as policy, legislation and SALW control practices)�
The UN Office for Disarmament Affairs (UNODA), through its UNPoA Implementation Support System, has sought to facilitate a more coordinated approach to international assistance with regard to the implementation of the UNPoA� In 2011 UNODA published a compen-dium of State requests for assistance from national reports to the 2010 Biennial Meeting of States on the UNPoA titled ‘Matching needs and resources’�86 Three-quarters of the requests for assistance originated from African States�
As indicated in other modules of this toolkit, there is considerable substance and capacity differences of conventional arms control systems and practices between States� Some States that become party to a future ATT are likely to require assistance to enable them to fully implement the provisions of the Treaty� Consequently, the ATT Preparatory Committee meeting Chair’s non-paper has recommended the following:87
■ States Parties may offer or receive assistance�
■ State Parties may offer or receive assistance, inter alia, through the UN, international, regional, subregional or national organizations or non-governmental organizations, or on a bilateral basis�
■ States Parties in a position to do so, and where appropriate, may provide technical, legal, material and financial assistance to other States Parties in support of their implementation of the obligations under the ATT� Such assistance may take the form of information exchange on best practices, and legislative and legal assistance, related to the Treaty and its practical implementation� States Parties may build upon existing customs and law enforcement cooperation arrangements, including those already established by international, regional and subregional organizations�
■ Consistent with their respective legal and administrative systems, States may exchange relevant information and best practices on exports, imports and transfers of conventional arms�
■ States Parties shall designate one or more national points of contact to facilitate cooperation and information exchange between States, and to act as a liaison on all matters relating to the implementation of the ATT�
■ States providing and receiving assistance under the provisions of the ATT shall do so in a manner consistent with existing commit-ments and international instrucommit-ments, with a view to ensuring the full and prompt implementation of agreed assistance programmes�
■ The provisions of this Treaty shall be implemented in such a man-ner as to avoid hampering the economic or technological develop-ment of States Parties�
Considerations for African States
With the exception of a handful of States, most African States do not produce or export arms, with most African States being the recipients of arms transfers� However, there have been significant levels of arms tran-sit, transhipment and re-export within Africa, with controls over such transfers lacking consistency� A future ATT is likely to require all States Parties to implement additional controls for all arms transfers� Hence, some African States may require international assistance�