A/HRC/32/21
I. Introduction
1.
In its resolution 29/10, the Human Rights Council requested the United Nations
High Commissioner for Human Rights to submit a report on the different ways in which the
civilian acquisition, possession and use of firearms have been effectively regulated, with a
view to assessing the contribution that such regulations make to the protection of human
rights, in particular the right to life and security of person, and to identify the best practices
that may guide States to further develop relevant national regulation.
2.
To prepare the report, the Office of the United Nations High Commissioner for
Human Rights (OHCHR) sought inputs from Member States, international and regional
organizations, national human rights institutions and non-governmental organizations.1 The
report further draws on a diverse range of public sources, including international and
regional instruments, the practice of United Nations human rights mechanisms and reports
of regional and humanitarian organizations, civil society, scholars and practitioners.
3.
In the present report the High Commissioner provides an overview of the impact of
the misuse of firearms on the enjoyment of human rights. Placing the topic within a broader
context of regulation of civilian access to firearms, he examines the different ways and
means that the civilian acquisition, possession and use of firearms have been regulated at
the international, regional and national levels, discussing, where relevant, their efficiency
and elements of best practices. He concludes with a number of conclusions and
recommendations.
4.
There is no internationally agreed definition of the term “firearms”. 2 “Firearms”
encompasses both “small arms” and “light weapons”; however, no agreement exists on
what types of arms fall into either subcategory. The principal reference regarding the scope
of “small arms” and “light weapons” is the one provided in the 1997 report of the Panel of
Governmental Experts on Small Arms (see A/52/298). Furthermore, instruments related to
firearms refer to “civilian access to firearms”, “civilian possession of firearms” and
“civilian ownership of firearms” in a general sense and as shorthand for a more complex set
of rules covering the acquisition, possession and use of firearms. In the present report,
“civilian access” encompasses all three components: acquisition, possession and use.
1
2
2
Contributions were received from Australia, Bahrain, Belgium, Burkina Faso, Burundi, Colombia,
Ecuador, Egypt, El Salvador, Estonia, France, Greece, Honduras, Jamaica, Madagascar, Mauritius,
Montenegro, Morocco, New Zealand, Paraguay, Peru, the Philippines, Romania, Senegal, Spain,
Switzerland, Turkmenistan, the United Kingdom of Great Britain and Northern Ireland and Uruguay,
the International Small Arms Control Standards Inter-Agency Support Unit, the Office of the
Ombudsman of Montenegro and Women’s International League for Peace and Freedom. All
contributions are available on the OHCHR website.
The term is used in Human Rights Council resolution 29/10 and in the Protocol against the Illicit
Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition,
supplementing the United Nations Convention against Transnational Organized Crime and the InterAmerican Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition,
Explosives, and other Related Materials. Other documents, including reports of United Nations bodies
such as the Panel of Governmental Experts on Small Arms, and regional instruments, such as
agreements adopted by the Economic Community of West African States (ECOWAS) and the
Southern African Development Community (SADC), refer to “small arms and light weapons”.
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