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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