A/HRC/32/21
Charter-based human rights bodies
17.
Charter-based United Nations human rights bodies have referred to civilian access to
firearms for the past 16 years.43 The Sub-Commission on the Promotion and Protection of
Human Rights appointed a Special Rapporteur in 2002 to undertake a comprehensive study
on the prevention of human rights violations committed with small arms and light
weapons,44 resulting in draft principles on the prevention of human rights violations
committed with small arms which were endorsed by the Sub-Commission and annexed to
its resolution 2006/22.
18.
The draft principles systematically address States’ obligations to prevent human
rights abuses committed by private actors. They anchored the need to regulate private
access to firearms in the right to life, liberty and security of persons and in the need to
promote the human rights of all persons by preventing foreseeable small arms violence
through appropriate measures to regulate small arms possession and use by private actors. 45
The list of measures to prevent small arms violence by private actors include, inter alia,
licensing requirements to prevent the possession of arms by persons who are at risk of
misusing them; authorizing the possession of small arms for specific purposes only and
their use strictly for the purpose for which they are authorized; and the periodic renewal of
licences.
19.
The draft principles further stipulate that before issuing a licence, Governments shall
require training in the proper use of small arms and take into consideration, at a minimum,
the applicant’s age and mental fitness, the purpose for which the firearm is intended, and a
prior record of criminal activity, misuse of firearms or acts of domestic violence. The draft
principles also call upon States to exercise controls over the manufacturing of small arms;
mark firearms for the purpose of identifying them and tracing their movements; implement
legislative or other measures to ensure the investigation and prosecution of persons
responsible for the illegal manufacture, possession, stockpiling or transfer of small arms;
and criminalize the misuse of small arms and their unlawful possession as well as acts of
domestic violence.
20.
In resolution 2006/22, the Sub-Commission also stressed that the protection of
human rights must be central to the development of further principles and norms regarding
the availability, transfer and misuse of small arms and light weapons. It underlined the due
diligence obligation of States to reduce small arms violence by private actors, including the
obligation to prevent firearms from getting into the hands of those who were likely to
misuse them. To that end, States were encouraged to adopt effective measures, such as laws
and policies, regarding the possession, transfer and use of small arms and light weapons
that complied with the principles of international human rights and international
humanitarian law. It also encouraged United Nations bodies, human rights monitors in the
field and non-governmental organizations to report specifically on any human rights
violations committed with firearms.
21.
The Special Rapporteur on violence against women, its causes and consequences has
also discussed the topic in some detail in the context of the protection of women’s rights. In
1996, the Special Rapporteur addressed civilian possession of firearms in a study dedicated
43
44
45
Including most recently in 2014 and 2015 by the Human Rights Council in resolutions 26/16 and
29/10.
E/CN.4/Sub.2/2002/39, E/CN.4/Sub.2/2003/29, E/CN.4/Sub.2/2004/37/Add.1 and
A/HRC/Sub.1/58/27.
The draft principles refer in this context to paragraph 5 of Economic and Social Council resolution
1997/28 and resolution 9 adopted by the Ninth United Nations Congress on the Prevention of Crime
and the Treatment of Offenders.
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