Protocol on the Control of Firearms

Protocol on the Control of Firearms, Ammunition and Other Related Materials in the Southern African Development Community (SADC) Region, 2001.

This Protocol to the SADC Treaty was adopted on 14 August 2001. As of 1 January 2002 it had not yet entered into force. The original languages are English, French and Portuguese, all equally authentic. Available at www.sadc.int and www.iss.org


PREAMBLE



We, the Heads of State and Government of [SADC countries]

…

Considering article 21 of the [SADC] Treaty which provides for areas of cooperation, article 22 of the Treaty which provides for the conclusion of protocols which may be necessary in agreed areas of cooperation and article 5 of the Treaty which provides for promotion and defence of peace and security as one of the objectives of SADC;

Conscious that illegal firearms, most commonly used in the perpetration of crime, contribute to the high levels of instability, extended conflict, violence and social dislocation evident in Southern Africa and the African continent as a whole;

Aware of the urgent need to prevent, combat and eradicate the illicit manufacturing of firearms, ammunition and other related materials, and their excessive and destabilising accumulation, trafficking, possession and use, and owing to the harmful effects of those activities on the security of each state and the region and the danger they pose to the well-being of people in the region, their social and economic development and their rights to live in peace;

Reaffirming that priority should be given to prevent, combat and eradicate the illicit manufacturing of firearms, ammunition and other related materials and their excessive and destabilising accumulation, trafficking, possession and use of firearms, because of their links with, inter alia, drug trafficking, terrorism, transnational organised crime, mercenary and other violent criminal activities;

Convinced that the prevention, combating and eradication of the illicit manufacturing of firearms, ammunition and the other related materials and their excessive and stabilising accumulation, trafficking, possession and use requires international cooperation, the exchange of information, and other appropriate measures at the national, regional and global levels;

Stressing the need, especially during peace processes and post-conflict situations, to maintain effective control over firearms, ammunition and other related materials;

Recognising the importance of regional and international co-operation and regional and international initiatives undertaken to prevent, combat and eradicate the illicit manufacturing of, excessive and destabilising accumulation of, trafficking in, possession and use of firearms and related materials;



Hereby agree as follows:

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Article 2: Sovereignty

State parties shall fulfil their obligations and exercise their rights under this Protocol in a manner consistent with the principles of sovereign equality and territorial integrity of states and that of non-intervention in the domestic affairs of state parties.


Article 3: Objectives

The objectives of this Protocol are to:

a) prevent, combat and eradicate the illicit manufacturing of firearms, ammunition and other related materials, and their excessive and destabilising accumulation, trafficking, possession and use in the region;

b) promote and facilitate cooperation and exchange of information and experience in the region to prevent, combat, and eradicate the illicit manufacturing of, excessive and destabilising use and accumulation of, trafficking in, possession and use of, firearms, ammunition and other related materials; and

c) co-operate closely at the regional level as well as at international fora to effectively prevent, combat, and eradicate the illicit manufacturing of, excessive and destabilising use and accumulation of, trafficking in, possession and use of, firearms, ammunition and other related materials in collaboration with international partners.


Article 4: International Initiatives

State parties undertake to consider becoming parties to international instruments relating to the prevention, combating and eradication of illicit manufacturing of, excessive and destabilising accumulation of, trafficking in, possession and use of firearms, ammunition and other related materials and to implement such instruments within their jurisdictions.


Article 5: Legislative Measures

1. State parties shall enact the necessary legislation and take other measures to establish as criminal offences under their national law to prevent, combat and eradicate, the illicit manufacturing of firearms, ammunition and other related materials, and their excessive and destabilising accumulation, trafficking, possession and use.

2. State parties shall enact the necessary legislation and take other measures to sanction criminally, civilly or administratively under their national law the violation of arms embargoes mandated by the Security Council of the United Nations;

3. State parties further undertake to incorporate the following elements in their national laws as a matter of priority:

* the prohibition of unrestricted possession of small arms by civilians;

b) the total prohibition of the possession and use of light weapons by civilians;

c) the co-ordination of procedures for the import, export and transit of firearm shipments;

d) the regulation and centralised registration of all civilian owned firearm in their territories;

e) measures ensuring that proper controls are exercised over the manufacturing of, possession and use of firearms, ammunition and other related materials;

f) provisions promoting legal uniformity and minimum standards in respect of the manufacture, control, possession, import, export and transfer of firearms, ammunition and other related materials;

g) provisions ensuring the standardised marking and identification of firearms at the time of manufacture, import or export;

h) provisions that adequately provide for the seizure, confiscation, and forfeiture to the state of all firearms, ammunition and other related materials manufactured or conveyed in transit without or in contravention of licences, permits, or written authority;

i) provisions that ensure the effective control of firearms including the storage and usage thereof, competency testing of prospective firearm owners and restriction on owner's rights to relinquish control, use, and possession of firearms, ammunition and other related materials;

j) the monitoring and auditing of licences held in a person's possession, and the restriction on the number of firearms that may be owned by any person;

k) provisions that prohibit the pawning and pledging of firearms, ammunition and other related materials;

I) provisions that prohibit the misrepresentation or withholding of any information given with a view to obtain any licence or permit;

m) provisions that regulate firearm brokering in the territories of state parties; and

n) provisions that promote legal uniformity in the sphere of sentencing.

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