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
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