A/HRC/32/21 individuals and communities is of such scale and complexity that a human rights lens is warranted in examining it. III. Regulation of civilian access to firearms and its legal parameters 11. The present section describes steps taken within the United Nations in relation to small arms and provides an overview of relevant international human rights law and related findings of international and regional human rights mechanisms and of sectoral regional agreements and instruments as well as national legislation on the civilian access to firearms. Summarizing the different ways and means of regulating civilian acquisition, possession and use of firearms also helps to identify common standards and best practices in this area. A. Setting the context 12. In 2001, the United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects adopted a programme of action in which it expressed grave concern about the excessive accumulation and uncontrolled spread of firearms.34 On the demand side, with respect to civilian access to firearms, international debates have so far been premised on the recognition that firearms possession on its own is not the cause of violence; rather, it is their irresponsible and illegal use that increases their lethality and raises concern. Driving factors behind the concern over firearms proliferation in private hands include a growing awareness of the harms and risks generated by uncontrolled and excessive availability of firearms, the rise in the number of intra-State conflicts, violence in non-conflict settings with firearms used as the weapons of choice35 and the privatization of security provision.36 The majority of firearm users are civilians, who are also the primary victims of firearm violence. According to a 2007 estimate, 650 million firearms out of the estimated 875 million in existence were owned by civilians. 37 13. In its report the Panel of Governmental Experts on Small Arms identified regulation of civilian access to firearms as key to addressing transborder illicit flows of firearms. Diversion of privately owned firearms that have been stolen or lost is one of the major sources of supply. Stopping diversion requires tracking legal possession and trade of firearms and ensuring greater accountability of legal firearm owners for their responsible use. For international and national strategies aimed at curbing illicit trade to be effective, measures need to be in place to track privately owned firearms. To that end, the Panel of Governmental Experts stressed that measures to control civilian possession of firearms at the national level should be complemented by concerted international action to combat illicit circulation of firearms.38 It recommended that all States should determine in their 34 35 36 37 38 Meanwhile, international normative and policy efforts have also achieved significant progress in terms of standard-setting on the arms supplier side in the areas of arms transfers and combating illicit circulation. The entry into force of the landmark Arms Trade Treaty in 2014 is one example. Estimates suggest that only a small proportion (approximately 13 per cent) of all deaths by firearm occur during conflicts. See Geneva Declaration, Global Burden, chap. 2. On the relationship between private security firms and protection of the right to life, see the report of the Special Rapporteur on extrajudicial, summary or arbitrary executions (A/HRC/29/37/Add.1). According to the Small Arms Survey, gangs own 2 million-10 million firearms, private security companies own 1.7 million-3.7 million and non-State armed groups own 1.1 million-1.8 million. Research Notes: Armed Actors, No. 9, September 2011. Despite the absence of a commitment in the Programme of Action to regulate the issue of civilian possession of firearms at the national level, at the Third Biennial Meeting of States to Consider the 5

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