Expert Group Meeting on ‘information gathering and analysis of firearm regulations’ report
United Nations
Vienna International Centre, Vienna, Austria
10-14 February 1997
ANNEX VIII - Proposed Statement of Policy Recommendations
Recognizing that transnational illicit trafficking in firearms is a serious concern of Member States, contributing to unacceptable levels of homicide, other violent crime, suicide, and accidents involving the use of firearms, resulting in tragic harm to victims within these Member States, and, mindful of the established links between trafficking in illegal firearms, other serious crime, and transnational organized criminal networks.
the Ad Hoc Expert Group,
cognizant of the diverse cultural, legal and political structures of Member
States, and instructed by the results of the United Nations International
Study on Firearm Regulation (February, 1997), makes the following general
observations:
import/export controls
on firearms are not sufficient by themselves to prevent illicit trafficking
in firearms; the absence of effective firearm regulation in one Member State
can determine not only the regulatory efforts, but also the effective governance,
of other Member States; the manufacture of, and trade in, firearms for civilian
use requires effective domestic regulation and international cooperation and
control; and, effective domestic regulation of firearms requires cooperation
between all levels of government, law enforcement agencies, business, media,
and citizens to promote crime prevention, public health, and the safety and
security of individuals.
Accordingly, the Ad Hoc Expert Group makes the following recommendations to the Secretary General:
1. That the Commission on Crime Prevention and Criminal Justice be invited to urge those Member States who have not yet responded to the note verbale to do so, and to request the Secretariat to continue the data collection and publication of information on firearms regulation, along the lines of the revised survey format referred to in the report of this group, including ongoing and regular maintenance of a list of contact persons and organizations in each Member State with responsibility for the provision of this information and to consider the creation of a database on national firearms legislation and regulation and on international agreements and arrangements related to firearms regulation.
2. That the Commission on Crime Prevention and Criminal Justice be invited to
encourage Member States to consider, where they have not yet done so, regulatory
approaches to the civilian use of firearms which include the following common
elements:
a) regulations relating to safe use and storage of firearms;
b) appropriate penalties for serious offences involving the misuse of firearms;
c) amnesty or similar programs to encourage citizens to surrender illegal,
unsafe, or unnecessary firearms;
d) a licensing system to ensure that persons who are at high risk of misusing
a firearm are prevented from possessing and using firearms; and,
e) a record-keeping system of firearms, including a requirement for appropriate
marking of firearms at manufacture and at import, that will assist criminal
investigations, discourage theft, and ensure the accountability of owners.
3. That the Secretariat convene in collaboration with the regional criminal justice institutes, regional workshops which should consider, inter alia, harmonization of the collection of information on firearm regulation, the provision of technical assistance, training and information sharing, and the need for implementing bilateral, regional or multilateral agreements on combating illicit trafficking in firearms, to ensure that all Member States have sufficient capacity in the area of firearm regulation.
4. That the Crime Commission be invited to consider the development of an appropriate declaration of principles regarding civilian firearms regulation.
5. That the Crime Commission be invited to develop a program of continuous education for criminal justice administrators and public education and awareness-building in relation to the links between firearms in civilian use and the unacceptable levels of violence in cities, communities and families, and through that program, encourage Member States to undertake similar programs.
6. That the Crime Commission be invited to encourage Member States to ensure the active tracing of illegal firearms recovered by those States and the accurate and prompt response to tracing requests from other Member States.
7. That the World Health Organization be invited to analyse the data on firearms deaths it already collects and to provide these data to the Commission on Crime Prevention and Criminal Justice.
8. That the UN Panel of Government Experts on Small Arms and the signatory members to the Wassenaar agreement (July, 1996) be invited to advise the Commission on Crime Prevention and Criminal Justice on the measures to address the proliferation of military small arms in the civilian populations of Member States.
9. That Interpol be invited to undertake an examination of the firearm tracing capabilities of its Member States with a view to advising the Commission on Crime Prevention and Criminal Justice as to the adequacy of those capabilities and any enhancements such as a unique firearms identification system and the development of a universal definition/classification of firearms for civilian purposes, taking into account the differences in regulations and standards in Member States, that may increase the level of international cooperation required to effectively combat illicit trafficking in firearms.
10. That the World Customs Organization be invited to undertake an examination of international customs practices relating to the movement of firearms for civilian purposes, including such matters as licensing, monitoring, standard protocols, including a common import/export certificate, and an advance notification system, and provide advice to the Commission on Crime Prevention and Criminal Justice that would enable Member States to have better assurance of the effectiveness of controls of the international movement of firearms.
11. That the Commission on Crime Prevention and Criminal Justice be invited to consider convening a meeting of relevant international organizations with a view to better coordination of the data collection necessary for a more complete understanding of the issues affecting firearms regulation.
12. That the Commission on Crime Prevention and Criminal Justice be invited to give a high priority in post-conflict peace building technical cooperation projects designed to re-establish or strengthen the rule of law relating to the regulation of firearm use by civilians.
13. That the Commission on Crime Prevention and Criminal Justice be invited to ensure that appropriate links are made within the Crime Prevention and Criminal Justice Program to recognize the relevance of firearms regulation issues to technical assistance initiatives that may be taken in relation to the plan of action to abolish violence against women, promote justice for victims of crime and to address children and youth as victims and perpetrators of crime.
Finally, the Ad Hoc Expert Group calls the attention of the Commission on Crime Prevention and Criminal Justice to the serious concern expressed by members of this group about the use of explosives by criminal elements and the consequent tragic harm caused to civilians and suggests that it consider developing a separate study on this issue.
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