A/HRC/32/21
C.
Regional agreements and instruments regulating civilian access
to firearms
37.
A large number of binding and non-binding regional agreements and instruments
have been developed to address the civilian acquisition, possession and use of firearms. The
following texts have been developed in Africa: Bamako Declaration on an African
Common Position on the Illicit Proliferation, Circulation and Trafficking of Small Arms
and Light Weapons (2000); Protocol on the Control of Firearms, Ammunition and Other
Related Materials in the Southern African Development Community Region (2001);
Economic Community of West African States (ECOWAS) Convention on Small Arms and
Light Weapons, their Ammunition and other Related Materials (2001); Nairobi Protocol for
the Prevention, Control and Reduction of Small Arms and Light Weapons in the Great
Lakes Region, the Horn of Africa and Bordering States (2004); and Central African
Convention for the Control of Small Arms and Light Weapons, their Ammunition and all
Parts and Components that can be used for their Manufacture, Repair and Assembly (2010).
38.
In the Americas, the Andean Plan to Prevent, Combat and Eradicate Illicit Trade in
Small Arms and Light Weapons in all its Aspects (2003) was developed. The European
Union adopted Directive 91/477/EEC on control of the acquisition and possession of
weapons (1991) and its amending Directive 2008/51/EC. In the South Pacific, the Legal
Framework for a Common Approach to Weapons Control, also known as Nadi Framework
(2000), was developed. In regions that have no common legal framework on firearms,
model legislation has been developed to assist and inform national efforts to regulate,
among other things, possession of firearms by civilians. Notable in this regard are the Arab
Model Law on Weapons, Ammunitions, Explosives and Hazardous Material (2002) and the
Commonwealth of Independent States Model Law on Weapons (1997).53
39.
The statements of purpose provided in the preambles to these regional agreements
and instruments constitute a helpful guide to the rationale behind the regulation of civilian
access to firearms. For example, in the preamble to Directive 91/477/EEC, the Council of
the European Communities asserts that the rules contained in the Directive will generate
mutual confidence in the field of the protection of the safety of persons. In its convention
ECOWAS refers to the excessive and destabilizing accumulation of small arms and light
weapons as well as their proliferation as the context for regional regulation. In the Nairobi
Protocol the Ministers of Foreign Affairs of the participating States addressed the wellbeing of the population in the subregion and their right to live in peace. In the Nadi
Framework the signatories established as the founding principle the possession and use of
firearms as a privilege that is conditional on the overriding need to ensure public safety. In
the preamble to the Central African Convention the signatory States recall, among other
things, the Convention on the Elimination of All Forms of Discrimination against Women
and Security Council resolutions on children and armed conflict. These references confirm
the link between firearms control and human rights and support the approach adopted by
the treaty bodies.
40.
A comparative analysis of these normative instruments reveals common elements
with regard to the regulation of civilian access to firearms: the requirement of national
regulations stipulating conditions under which civilians may acquire, possess and use
firearms; the requirement to establish sanctions for offences involving the misuse or
unlawful possession of firearms; and international cooperation between member States in
areas regulated by the respective instrument. All except the Bamako Declaration and the
Andean Plan prohibit unrestricted access to firearms by civilians, while only the SADC
53
See www.iacis.ru/upload/iblock/ceb/057.pdf.
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