A/HRC/2/2
A/HRC/Sub.1/58/36
page 70
B. Due diligence to prevent human rights abuses by private actors
10.
In order to ensure the protection of human rights by preventing small arms and light
weapons violence by private actors, Governments shall enact licensing requirements to prevent
possession of arms by persons who are at risk of misusing them. Possession of small arms and
light weapons shall be authorized for specific purposes only; small arms and light weapons shall
be used strictly for the purpose for which they are authorized. Before issuing a licence
Governments shall require training in proper use of small arms and light weapons, and shall take
into consideration, at a minimum, the following factors: age, mental fitness, requested purpose,
prior criminal record or record of misuse, and prior acts of domestic violence. Governments
shall require periodic renewal of licences.
11.
Governments shall ensure that proper controls are exercised over the manufacturing of
small arms and light weapons through incorporation into national law and by other measures.
For the purpose of identifying and tracing small arms and light weapons, Governments shall
require that at the time of manufacture, each small arm or light weapon has a unique permanent
mark providing, at a minimum, the name of the manufacturer, the country of manufacture and
the serial number.
12.
Governments shall ensure the investigation and prosecution of persons responsible for the
illegal manufacture, possession, stockpiling or transfer of small arms and light weapons.
Governments shall impose penalties for crimes involving the misuse of small arms and light
weapons, including to commit domestic violence, and for the unlawful possession of small arms
and light weapons.
13.
With the cooperation of the international community, Governments shall develop and
implement effective disarmament, demobilization and reintegration programmes, including the
effective collection, control, storage and destruction of small arms and light weapons,
particularly in post-conflict situations. Governments should take steps to encourage voluntary
disarmament. Governments should implement public awareness and confidence-building
programmes, in cooperation with civil society and non-governmental organizations, to prevent a
return to armed violence and to encourage alternative forms of dispute resolution. Governments
should incorporate a gender perspective in their peacekeeping and public awareness efforts to
ensure that the special needs and human rights of women and children are met, especially in
post-conflict situations.
14.
Governments shall prohibit international transfers of small arms and light weapons which
would violate their obligations under international law, including in circumstances in which such
arms are likely to be used to commit serious human rights violations.
15.
In light of the obligation of a State, under international human rights law, to prevent
human rights violations, States are required under international law to provide, upon request,
assistance in the provision of information regarding the ownership or purchase of small arms and
light weapons, inter alia, for the purposes of judicial proceedings in other States.
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