Strengthening the outcome documents through specifics

by Katherine Prizeman, Global Action to Prevent War

Last week, delegates began discussions on the outcome document for the Implementation Plan for the International Tracing Instrument (ITI) for the next review cycle from 2012 through 2018. While there have been proposals to include language that praises the progress made in implementing the ITI since its adoption in 2005, many delegates and NGOs have noted that language which does not add anything new to the discussion on how to more effectively and comprehensively implement the instrument is not sufficient.

Optional Protocols

by Robert Zuber, Global Action to Prevent War

Yesterday’s discussions inside and outside Conference Room 2 focused on tools that can bring us closer to a regulatory framework of laws, regulations, law enforcement structures and information infrastructure to move us closer to an effective international tracing system. The working non-paper by William Kullman and the subsequent discussion he led in the BMS made clear once again that the UN and member states have at their disposal high levels of technical expertise needed to maintain a robust and transparent International Tracing Instrument—complete with comprehensive, accurate reporting mechanisms—to effectively address the ‘misuse and proliferation’ of Small Arms and Light Weapons.

As ably summarized on this Blog by Ray Acheson, discussions identified a range of stakeholders with resources and ‘best practices’ to share towards an effective and reliable ITI. States have done some important work in creating national and cross-border marking and tracing systems backed by robust legislation and enforcement. An important example of state leadership was provided through a side event by Heather Sutton and Daniel Mack of Instituto Sou da Paz who shared findings from their excellent study: “Implementing Brazil’s ‘Disarmament Statute’: Putting Law into Practice”.

In addition to states, NGOs and civil society groups are contributing much to research and information systems that can help us keep track of small arms movements and help build local capacity to assist officials in eliminating arms trafficking and (as Sou de Paz has done) craft effective laws and regulations. For instance, an extraordinary new resource for information sharing accessible to both experts and community practitioners was on display in the ECOSOC chambers where Philip Alpers and Marcus Wilson previewed Gunpolicy.org for the BMS community. Their resource offers important trans-national data and perspectives (in partnership with the Small Arms Survey and other agencies) that is quickly proving invaluable to policymakers and practitioners.

Of course, having resources and using them to full benefit are not necessarily the same. For persons outside the UN system (and for many within) a major sticking point as they assess UN-based efforts to create effective international instruments is their ‘optional’ nature. Most people don’t understand much of how the UN functions and more specifically the small, cumulative steps towards trust building and transparency that must be taken seriously if states are to shed some of their sovereign concerns and enter into binding international agreements. At the same time, diplomats and even NGOs sometimes lose touch with the urgent needs of communities that can be more successfully addressed through robust, binding measures. While pushing states to make as many concessions to national interest as possible to create legally binding instruments that can effectively combat the illicit trade in small arms and its damaging effects on communities, we can do more to stimulate understanding of the difficult lines that diplomats must sometimes straddle on their way to finally endorsing such instruments.

As at least one delegate noted yesterday, we can and must get to the point where we can reasonably assume that any unmarked weapon is an illicit weapon. This requires levels of state and civil society vigilance backed by robust technology and information systems sanctioned at the international level. It also requires steady progress towards making the optional, mandatory.

Day 4: International Tracing Instrument

by Ray Acheson, Reaching Critical Will of the Women's International League for Peace and Freedom

On Thursday, 17 June, delegates to BMS met to consider and adopt an annex to the BMS4 outcome document on the “Implementation of the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons,” otherwise known as the International Tracing Instrument (ITI).

William Kullman of the United States prepared a discussion paper on this subject (WP.4) in advance of BMS4. On Thursday morning, delegations delivered interventions in response to his paper and on the ITI in general, during which most representatives spoke about the importance of the full implementation of the ITI. Though the Instrument is not legally-binding, it is considered by most states to be an important mechanism for implementing the UN Programme of Action (UNPoA) and curbing the illicit trade in small arms.

Several delegations suggested new or strengthened mechanisms to promote the Instrument’s implementation. The Belgian delegation suggested that states should increase sharing of information on traced illicit arms, arguing that this information provides a way to identify potential traffickers and routes and can help those making decisions on arms transfer licences reduce the risk of diversion. The Belgian delegation also noted that if the arms trade treaty to be negotiated in the coming years contains criterion on the risk of diversion, it would, combined with improved exchange of information on tracked illicit small arms, would be a major step forward for combating the illicit trade in small arms and light weapons (SALW).

In this regard, Switzerland’s ambassador suggested the establishment of national focal points to improve the exchange of information on traced illicit weapons and called for the enhancement of INTERPOL’s electronic tracing tools. The Swiss delegation also highlighted the module on tracing of SALW in the International Small Arms Control Standards project, which is intended to standardize tracing activities and facilitate collaboration between states.

Many delegations urged the improvement of tracing mechanisms, the establishment of multilateral platforms to share tracing requests and information, and increased assistance to states for marking and tracing tools, equipment, and procedures. Other delegations pointed out existing lacunae in the legal norms and laws preventing trafficking in SALW; for example, Morocco’s delegation suggested the consolidation of efforts to curb the illegal trade in SALW through the formulation of an instrument on illicit brokering. The International Committee of the Red Cross (ICRC) urged states to mark and trace their weapons collected after armed conflict, which is not currently a required practice. The ICRC also recommended that government experts directly involved in implementing the ITI meet on a regular basis to share their experiences and consider the Instrument’s implementation.

After these inventions, Mr. Kullman moderated a paragraph-by-paragraph review of the draft annex on the ITI, which begins on page 10 of the consolidated draft outcome document. Though the review continued until after the 6:00 PM official close of business, it did not result in any major substantive changes to the text. The annex essentially notes what states said in the context of BMS4 or in their national reports related to implementation of the ITI and outlines “understandings” reached by states at the meeting, which include, among other things:

• that establishing the legal framework is not enough without the technical and human capacity to implement the International Instrument, and therefore, states in a position to do so were called upon to render, upon request, technical, financial, and other assistance in building national capacity in the areas of marking, record-keeping, and tracing, and in the development of national legislation, regulations, or administrative procedures;

• that states were encouraged to designate national points of contact to exchange information and to enhance interaction between these points of contact at the bilateral, regional, and international levels;

• that states were encouraged to use the proposed UN template for reporting on their implementation of the ITI;

• that states were encouraged to support the role of the UN in promoting the ITI and the role of INTERPOL in implementing the ITI;

• that the PoA-ISS can be a useful tool for the implementation and reporting procedures for the ITI; and

• that states were encouraged to strengthen efforts by regional organizations to support the ITI.

The annex was adopted at the end of the meeting and the full and final text will be available in the new version of the consolidated outcome document, which will be released later Thursday evening.