A/HRC/32/21
Protocol, the ECOWAS Convention, the Nairobi Protocol and the Central African
Convention ban civilians from accessing automatic or semiautomatic firearms.
41.
All but the Bamako Declaration and the Andean Plan envisage the following
normative elements: the establishment of a licensing system for the civilian acquisition,
possession and use of firearms; record keeping; marking and tracing of firearms;
regulations restricting the right of the owner to relinquish control, use or possession of a
firearm; and monitoring and auditing of licences. The ECOWAS Convention and the
Central African Convention require member States to impose a limit on the number of
weapons a licence may cover. Among notable innovative practices, the Central African
Convention envisages a subregional electronic database that will help verify the validity of
licences granted at the national level for the possession of, carrying, use and trade in
firearms by civilians.
42.
Taken together, the African regional instruments commit 46 States to robust
regulation of the civilian acquisition, possession and use of firearms. European Directive
91/477/EEC commits 27 States to a strong firearms control framework, while the Nadi
Framework and the Andean Plan commit 11 States. Together, these instruments cover four
regions and 84 countries. The common standards across regions not only help to clarify
elements of best practices, but also contribute to the consolidation of minimum standards in
the area, including with regard to the protection of human rights.
43.
The Coordinating Action on Small Arms mechanism established by the SecretaryGeneral has developed guidance on appropriate control measures, building on the standards
described above, best practice guidelines and model regulations that have been developed at
the regional and subregional levels. The standards, reflected in International Small Arms
Control Standard I03.30 on national regulation of civilian access to small arms and light
weapons, provide comprehensive guidance on the acquisition, possession and use of
firearms.54
D.
National legislation applicable to the civilian access to firearms
44.
Many of the State contributions to the present report referred in detail to existing
national legislation and other measures and initiatives taken to ensure respect for and
protection of human rights in the context of civilian access to firearms. Analysis of these
submissions showed that while all concerned States had legislation on civilian acquisition,
possession and use of firearms, the degree of regulation varied greatly. The main approach
of national regulations has been to attempt to strike a balance between legitimate firearm
ownership and the interests of public safety and health and, importantly, to ensure the
protection of human rights. National regulations generally allowed civilian access to
firearms for such limited purposes as self-defence, sport shooting, subsistence or
professional hunting, agriculture, forestry and species management and for cultural, historic
or scientific reasons.
45.
To date, a systematic and evidence-based analysis of the impact of firearms control,
particularly as it relates to the occurrence of firearm-related violence (both fatal and nonfatal), is lacking. According to the United Nations Office on Drugs and Crime Global Study
on Homicide, “at the national level, firearm and knife legislation restricting availability,
accessibility and use has been implemented in various countries with varying degrees of
success in preventing or reducing homicides committed with such weapons”.55 Studies
54
55
See www.smallarmsstandards.org/isacs/0330-en.pdf.
UNODC, Global Study, p.18.
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