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MISSING PIECES - Inter-Parliamentary Union

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ANNEX 5<br />

UN Protocol Against the Illicit Manufacturing<br />

of and Trafficking in Firearms,<br />

their Parts and Components and<br />

Ammunition, supplementing the<br />

United Nations Convention against<br />

Transnational Organised Crime, 2001<br />

(known as the Firearms Protocol or<br />

Vienna Protocol)<br />

Agenda for Humanitarian Action,<br />

adopted by the 28 th <strong>Inter</strong>national<br />

Conference of the Red Cross and Red<br />

Crescent, 2003<br />

Provides that guns must be marked at<br />

the point of manufacture, import, and<br />

transfer from government into private<br />

hands.<br />

Calls for strengthened controls on<br />

arms and ammunition. States should<br />

“urgently enhance efforts to prevent<br />

the uncontrolled availability and misuse<br />

of small arms and light weapons”<br />

(Action 2.3.2)<br />

Regional level<br />

EU Joint Action on Small Arms and<br />

Light Weapons, 1998 (amended in<br />

2002)<br />

Bamako Declaration on an African<br />

Common Position on the Illicit Proliferation,<br />

Circulation and Trafficking of<br />

Small Arms and Light Weapons, 2000<br />

Legal Framework for a Common<br />

Approach to Weapons Control in the<br />

Pacific region (Nadi Framework), 2000<br />

Protocol on the Control of Firearms,<br />

Ammunition, and Other Related Material<br />

in the Southern African Development<br />

Community (SADC) Region, 2001<br />

Nairobi Protocol for the prevention,<br />

control and reduction of small arms<br />

and light weapons in the Great Lakes<br />

region and the Horn of Africa, 2004<br />

Andean Plan to Prevent, Combat and<br />

Eradicate the Illicit Trade in Small Arms<br />

and Light Weapons in All Its Aspects,<br />

2003<br />

Commits the EU to seek to build consensus<br />

on the establishment of restrictive<br />

national weapons legislation for<br />

small arms including penal sanctions<br />

and effective administrative control<br />

(Article 3d)<br />

Recommends that Member States<br />

criminalise in their national legislation<br />

the illegal possession and use of small<br />

arms and light weapons.<br />

Recommends that the possession and<br />

use of firearms and ammunition be<br />

strictly controlled, including through<br />

licensing and registration.<br />

Both instruments – nearly identical –<br />

provide for the total prohibition of<br />

civilian possession and use of all light<br />

weapons, automatic and semi-automatic<br />

rifles and machine guns; registration<br />

and licensing; provisions on safe<br />

storage; and a provision to ensure<br />

accountability and effective control of<br />

small arms owned by private security<br />

companies.<br />

Recommends the adoption, as soon<br />

as possible, of legislative measures to<br />

criminalise illegal possession and use<br />

of small arms and light weapons.<br />

Stemming the flow of small arms – Control issues<br />

Global level<br />

United Nations Charter<br />

Under Chapter VII, if the Security<br />

Council determines the existence of<br />

167

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