Council for Security Cooperation in the Asia-Pacific

MEMORANDUM

9

TRAFFICKING OF FIREARMS IN THE ASIA PACIFIC REGION
Executive summary
The impacts of firearms trafficking in the Asia Pacific region are wide-ranging, affecting not
only regional security and law enforcement, but also impacting on human security, education,
economic development, and public health. Illicit arms, their parts and components, andammunition have caused a breakdown of law and order in some countries and represent agreat challenge to sustainable development in some parts of the region. Weapons —particularly illegal weapons or weapons obtained illegally — are a lucrative commodity andtherefore one of many commodities trafficked by organised criminal operations. Likewise,some criminal groups have a greater need for weapons to carry out their criminal activities
and therefore they become their own customers for these weapons.
Discrepancies in law and law enforcement ensure that these effects are felt and sharedthroughout the region. No country in the Asia Pacific is untouched. Even if weapons do not
originate in a particular country, they may be sold, financed, trafficked, or used there. The
many inconsistencies among domestic laws relating to arms manufacturing, brokering andpossession leave the region vulnerable to ‘gun-running’. Wide variations in firearms laws andregulations dealing with manufacturing, marking, record-keeping, import/export laws andcriminal sanctions for violating these laws, create loopholes for arms smugglers to exploit.
Existing national legislation needs to be reviewed to close loopholes and to promote greater
harmonisation at regional level. The reform of national laws and regional harmonisation needs
to be accompanied by a focus on the enforcement of existing arms control laws, with allcountries identifying the equipment, human resources and judicial infrastructure required for
effective implementation. Opportunities for cooperation at a practical level also need to be
identified, with an emphasis on providing assistance to those countries lacking the necessary
capacity to implement existing legislation.
The purpose of this paper is to show the way ahead for future action against arms smuggling
in the Asia Pacific region. Recognising the transnational nature of illicit arms transfers, theparticular emphasis is on cooperative, harmonised action at regional and international levels.
This paper offers a range of proposals for mechanisms that, in combination, seek to provide acomprehensive approach to prevent, control and suppress arms smuggling. These proposals
must not be seen as purely normative and regulatory principles; they are intended to serve asa general framework for future law reform and policy change, providing a set of best practiceguidelines.

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These proposals include:(1)
universal definitions of relevant terms, including ‘firearm’, ‘parts and components offirearms’, ‘ammunition’, ‘illicit trafficking’;(2)

regulation of licit arms transfers, including:▪ Licensing and registration of manufacturers, exporters, importers, arms brokers;▪ Uniform, stringent ownership laws;▪ Control and record-keeping of legally held stocks;▪ Marking and identification of weapons and ammunition upon manufacture andimport;▪ Record-keeping in national and regional databases, preferably in electronic
format;▪ Limiting the availability and access to ammunition;▪ Secure storage of lawfully held stocks.

(3)

measures against illicit arms transfers, including:▪ Consistent criminalisation of illicit production, trafficking, and unauthorised
possession of arms and ammunition;▪ Confiscation and seizure of illicitly manufactured, trafficked, and held weapons
and ammunition;▪ Tracing of firearms and cross-border information sharing.

(4)

law enforcement and judicial cooperation, including▪ Cross-border cooperation between law enforcement personnel, joint training;▪ Designation of national coordination agencies;▪ Support and enhance international databases, including UNCAR (United Nations
Conventional Arms Register) and IWETS (Interpol Weapons and Explosives
Tracking System);▪ Judicial cooperation, including extradition, transfer of proceedings and offenders,mutual legal assistance;▪ Strengthen international and regional organisations, such as the UN, World
Customs Organisation, Interpol, ASEAN, Pacific Islands Forum;▪ Broader accession to relevant conventional measures, especially the UN Protocol
against the Illicit Manufacture of and Trafficking in Firearms, their Parts andComponents, and Ammunition;▪ Strengthening of non-binding initiatives, including the UN Programme of Action toPrevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons
in all its Aspects, and the Pacific Islands Forum Nadi Framework;▪ Financial aid to assist developing nations;▪ Further research, intelligence gathering, and data collection.

Only very slowly, and primarily at the international level, have countries come to understandthe true dimensions and causes of arms smuggling and have commenced the elaboration ofuniversal tools to combat its criminal aspects. The initiatives taken at regional and global
levels, are steps in the right direction and need strong support at all levels of government.
These instruments have initiated a regional and international dialogue on matters that havetraditionally been national concerns only. Now is the time to take these initiatives further andwork towards cooperative, harmonised, and enforceable solutions for arms smuggling in the
Asia Pacific.

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ANNEX
This paper offers a range of proposals for mechanisms that, in combination, seek to provide acomprehensive approach to prevent, control and suppress arms smuggling. These proposals
must not be seen as purely normative and regulatory principles; they are intended to serve asa general framework for future law reform and policy change, providing a set of best practiceguidelines.
The proposals made here are differentiated between (1) definition of terms, (2) regulation of
licit transactions, (3) measures against illicit arms transfers, (4) law enforcement and judicial
cooperation.

1.

Definition of terms

To prevent and suppress arms smuggling more successfully, it is important that the countriesof the Asia Pacific region work towards common standards in defining and differentiating
different kinds of small arms, weapons and their components, and ammunition.
The United Nations Protocol against the Illicit Manufacture of and Trafficking in Firearms, theirParts and Components, and Ammunition1 provides a set of definitions of the central terms“firearm”,2 “parts or components”3 and “ammunition”4 as well as “illicit manufacturing”5 and“illicit trafficking”6. Once implemented by the Signatories to the Protocol, these definitions will
have universal application and thus should also be used as a platform for other regional
measures to combat arms smuggling in the Asia Pacific.
Those aspects and arms not covered by the existing instruments, too, need to be based onuniversally acceptable and applicable definitions. Where necessary, clear distinctions need tobe drawn between privately owned arms and ammunition and military stock, and between
different kinds of weapons their parts and components, covering the whole spectrum fromsmall arms to weapons of mass destruction.

2.

Regulation of licit arms transfers

2.1

Licensing and registration
To reduce the illicit transfer of small arms, the enforcement and regulatory emphases
should be placed equally on the supply (original producers of the weapons as well as
the suppliers along the various ‘routes’) as well as on the demand (criminals using theweapons). Domestic gun control legislation needs to make clear who is and who is
not authorised to produce, trade in, and possess arms and ammunition. Applications
for licences to manufacture, export, import, own or deal in firearms need to beassessed carefully and need to be subject to stringent national regulations andprocedures.7
Producer
To prevent the illicit manufacturing of firearms and the circulation of hand-madeweapons, all countries should adopt adequate regulations to exercise effective control
over the production of arms, their parts and components, and ammunition.8 All

1 UN General Assembly, UN Doc A/RES/255 (8 June 2001), hereinafter Firearms Protocol. See the full text of theProtocol in Appendix 1.
2 Article 3(a) Firearms Protocol.
3 Article 3(b) Firearms Protocol.
4 Article 3(c) Firearms Protocol.
5 Article 3(d) Firearms Protocol.
6 Article 3(e) Firearms Protocol.
7 Cf UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in all
its Aspects, UN Doc A/CONF.195/15 (2001) Para II.11.
8
UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in all

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countries should move to outlaw the manufacturing of arms and ammunition andrestrict the production of weapons and their components to a limited number oflicensed operators. Stringent control needs to be exercised over applications forlicences, over the production process, supply and distribution channels, as well asover the financing of the arms industry.
Brokers, importers and exporters
The basis of arms smuggling is that weapons, their components, or ammunition aretransferred across borders without proper authorisation of the sending, transit and/or
receiving countries. Better regulation of exporters, importers and arms brokering isessential if any measures against the illicit transfer of arms and other lethal
technologies are to have meaning.
It is crucial that all countries adopt comprehensive national systems for the licensing
and registration of authorised arms dealers,9 exporters and importers.10 Moreover,documents which identify the arms, parts and ammunition and other relevant
information about sender and recipient need to accompany the cargo at all times andneed to be passed on directly from government to government.11 The licensing anddocumentation system must go hand in hand with the criminalisation of all illicit
brokering and trafficking activities.12
Possession
Uniform ownership laws should be adopted throughout the region. Moreover,countries need to remove special ownership rights that permit certain groups such as
VIPs, senior government officials and politicians to hold military-style arms andammunition. Clear lines must be drawn between arms that are permissible forindividual ownership and military equipment that have no place in the hands ofuntrained civilians.13

2.2

Control of legally held stocks
Improving controls over stockpiles is another important step to prevent arms
smuggling. In particular, leakage from military stockpiles, armouries and magazines is
a serious problem in some countries in the region and is regarded as ‘the single mostimportant source for illegal weapons reaching unauthorised actors in the region.’
Further, a glut of weapons is often left in regions following wars and skirmishes, andoften peace support operations fail to undertake comprehensive disarmament.
Countries need to maintain control and accurate records over their arms andammunition stockpiles, including military and civilian agencies. Responsibilities overstock-control and management should be set out clearly. Obsolete arms, parts
thereof, and ammunition need to be identified and subsequently destroyed to prevent
it from falling into the hands of criminals or insurgents.14

2.3

Marking and identification
A central part of any strategy to counteract arms smuggling more effectively must be
the creation of requirements that arms, their components, as well as ammunition can
its Aspects, UN Doc A/CONF.195/15 (2001) Para II.2; cf Katherine Kramer, Legal Controls on Small Arms and Light
Weapons in Southeast Asia (2001) 13.

9

Cf art 15 Firearms Protocol; UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small
Arms and Light Weapons in all its Aspects, UN Doc A/CONF.195/15 (2001) Para II.14; David Capie, Small Arms
Production and Transfers in Southeast Asia (2002) 108.

10

Cf art 10(1), (2) Firearms Protocol; UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in
Small Arms and Light Weapons in all its Aspects, UN Doc A/CONF.195/15 (2001) Para II.2, 12, 13.

11

Cf art 10(3), (5) Firearms Protocol.

12

Cf art 5(1)(b) Firearms Protocol.

13David Capie, Small Arms Production and Transfers in Southeast Asia (2002) 104.

14

David Capie, Small Arms Production and Transfers in Southeast Asia (2002) 104-105.

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Memorandum 9 – Trafficking of firearms in the Asia Pacific region4

be uniquely identified. The marking or stamping of weapons and ammunition with aserial number or a distinguishing symbol helps foster greater accountability on thepart of states for their weapons transfers. This, too, aids law enforcement personnel
in their work. Equally, all countries should take appropriate steps to prevent the
manufacture, stockpiling, transfer and possession of any inadequately marked
arms.15
The UN Firearms Protocol, for instance, requires that the marking of firearms must
identify the manufacturer, the place of production, a serial number or alternative
symbols or codes.16 It is further required that firearms are marked upon importation
and upon transfer from government stocks to civilians.17 The UN Programme of
Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light
Weapons in all its Aspects, too, requires that licensed manufacturers apply anappropriate and reliable marking on each small arm and light weapon.18

2.4

Record-keeping
The development of national, and — insofar as possible — international registers ofgovernment-held and privately held arms, components and ammunition in all
countries should be priority. The marking of arms and licensing of producers, brokers
and arms-owners need to be accompanied by a record-keeping system andinformation sharing mechanisms, so that suspect arms and ammunition can bechecked against official records of legally owned and transferred arms. These records
should be kept as long as possible and should be recorded and stored in electronic
form, so it can be easily accessed and shared among law enforcement, border control
and customs agencies.19

2.5

Ammunition control
Limiting the availability and access to ammunition can reduce the physical danger
posed by firearms. All countries in the region should introduce regulations to limit thestock of ammunition that people can have in their possession at any one time.
Moreover, special licences for the purchase of ammunition for licences firearms
should be introduced.20

2.6

Storage
It is important that all countries ensure the security of those arms lawfully incirculation and those held by government agencies and the military, so that thesearms do not leak from government arsenals, security forces, and private owners andreach unauthorised actors. All countries need to establish adequate and detailed
standards and procedures to manage and secure any weapons stock, including thelocation of storage facilities, their physical security, inventory records, and sanction in
the event of theft and loss.21

15

Cf David Capie, Small Arms Production and Transfers in Southeast Asia (2002), 107; UN Programme of Action toPrevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in all its Aspects, UN Doc
A/CONF.195/15 (2001) Paras II.8.

16

Article 8(1)(a) Firearms Protocol.

17

Article 8(1)(b), (c) Firearms Protocol.

18

UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in all
its Aspects, UN Doc A/CONF.195/15 (2001) Paras II.7.

19

Cf UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in
all its Aspects, UN Doc A/CONF.195/15 (2001) Para II.9; David Capie, Small Arms Production and Transfers inSoutheast Asia (2002) 107-108.

20

Cf Katherine Kramer, Legal Controls on Small Arms and Light Weapons in Southeast Asia (2001) 11.

21

UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in all
its Aspects, UN Doc A/CONF.195/15 (2001) Para II.17; cf David Capie, Small Arms Production and Transfers inSoutheast Asia (2002) 106; Herman Kraft, “Small Arms Proliferation and the Philippines” in Philips Vermonte (ed),Small Arms Proliferation in Southeast Asia: Human and State Security” (2004) 16; Katherine Kramer, Legal Controls
on Small Arms and Light Weapons in Southeast Asia (2001) 14.

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3.

Measures against illicit arms transfers

3.1

Criminalisation
A central part of any strategy to combat the trafficking of firearms in the Asia Pacificregion more successfully is the consistent criminalisation of the illicit production,
trafficking, and unauthorised possession of arms and ammunitions.
Production
It is essential that all countries in the region prohibit and penalise the illicit
manufacturing of weapons, their components and ammunitions. Equally, it isnecessary to criminalise the unlawful re-activation of dismantled or otherwise
deactivated arms.22 The UN Firearms Protocol obliges Signatories to criminalise any
illicit manufacturing of firearms as well as any assembly from illicit parts, and any
manufacturing without marking as required by the Protocol.23 The UN Programme of
Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light
Weapons in all its Aspects, too, calls for the criminalisation of the illicit manufacturingof small arms and light weapons.24
Importation + exportation; transfer + trafficking
Unauthorised transfers of arms and ammunition need to be criminalised consistently
throughout the region. To that end, the UN Firearms Protocol requires State Parties tomake the illicit trafficking — i.e. the import, export, acquisition, sale, delivery,
movement or transfer of firearms, their parts and components and ammunition fromor across the territory of one country into another — domestic offences.25
Possession
To ensure that weapons and ammunition are held only by those authorised to own
them, it is essential that unauthorised possession and stockpiling be made criminal
offences.26

3.2

Confiscation and seizuren the absence of corruption, policing services in most parts of the Asia Pacific region
appear to be sufficiently viable to make the utility of physically large and/or difficult toconceal weapons unattractive for traffickers and criminals. Hence, small arms rather
than large and/or more sophisticated military-type weapons are the greatest concern
for governments in the region.
To reduce the circulation of illicit weapons, it is important that law enforcement
agencies have adequate powers to forfeit arms and ammunition and ensure that they
do not fall back into the illicit trade or into criminal possession. All countries should
adopt appropriate measures to enable the confiscation and seizure of weapons, theircomponents and ammunition that have been illicitly manufactured, trafficked, or are
held unlawfully.27
Special provisions are needed under domestic law to allow the use of special
investigative techniques, such as electronic and other forms of surveillance and22

Cf art 9 Firearms Protocol.

23

Article 5(1) Firearms Protocol.

24

UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in all
its Aspects, UN Doc A/CONF.195/15 (2001) Para II.3.

25

Article 5(1)(b) Firearms Protocol. Cf Herman Kraft, “Small Arms Proliferation and the Philippines” in Philips
Vermonte (ed), Small Arms Proliferation in Southeast Asia: Human and State Security” (2004) 16-17.

26

UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in all
its Aspects, UN Doc A/CONF.195/15 (2001) Para II.3.

27

Cf art 6 Firearms Protocol.

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6undercover operations, and allow bilateral and multilateral cooperation to enable joint
investigations and the cross-border use of special investigative techniques.28
Moreover, those weapons that have been seized need to be deactivated29 or
destroyed,30 unless other methods of disposal have been authorised and properly
recorded.31 Deactivation and destructions of arms also need to be properly verified
and recorded.32

3.3

Tracing
The marking and identification of arms and ammunition enables law enforcement
agencies to determine the manufacturer, owner, broker and whereabouts of aweapon. This tracing of firearms should be accompanied by cross-border information
sharing, including the prompt handling of requests from foreign law enforcement
agencies.33

4.

Law enforcement and judicial cooperation

4.1

Law enforcement cooperation and training
The discrepancy between existing laws and their enforcement, the lack of adequate
resources for sophisticated investigation techniques in developing nations,insufficiently trained personnel, inadequate coordination of law enforcement agencies
at national and supranational levels, along with the dangers of corruption and bribery
are among the main obstacles for effective action against arms smuggling.
The geographical location of a give country, too, has a direct impact on the arms
problem of some states. Borders tend to be porous to firearms trafficking, and thepolicies and practices of neighbouring countries can have a negative impact.
Therefore, policies and the accessibility of firearms on one side of a border may
impact the other side and render domestic policies much less effective. However,large-scale campaigns aimed at ‘sealing the border’, to the exclusion of attacking theroot causes of arms smuggling and addressing the wider human security issues, may
ultimately waste limited resources.
Cooperation between law enforcement personnel is especially important in preventing
and suppressing arms smuggling in the region, particularly in matters concerning theidentity, whereabouts and activities of suspects, the proceeds of crime and the
movements of arms and equipment for the use in the commission terrorist activities
and of organised crime.34 Regular contacts and exchanges need to be establishedbetween law enforcement and judicial officials. These links also need to be matchedby better exchanges of information about export controls and small arms transfers.
Furthermore, sub regional or regional mechanisms need to be established to createtrans-border customs cooperation and networks for information sharing among law
enforcement, border and customs control agencies.35

28

Cf UN General Assembly, Report of the Ad Hoc Committee on the Elaboration of a Convention against
Transnational Organized Crime, UN Doc A/55/383 (2 Nov 2000) Annex I, art 19, 20; reprinted in 40 ILM 335 (2001)[hereinafter Convention against Transnational Organised Crime].

29

Article 9 Firearms Protocol.

30

Cf UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in
all its Aspects, UN Doc A/CONF.195/15 (2001) Para II.16; UN Secretary-General, Report on Methods ofDestruction of Small Arms, Light Weapons, Ammunition and Explosives, UN Doc S/2000/1092 (15 Nov 2000).

31

Cf art 6(2) Firearms Protocol.

32

Cf art 9(b), (c) Firearms Protocol.

33

Cf art 12(4) Firearms Protocol; UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small
Arms and Light Weapons in all its Aspects, UN Doc A/CONF.195/15 (2001) Para II.11.

34

Cf art 27(1)(a), (b) Convention against Transnational Organised Crime.

35

Cf UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in
all its Aspects, UN Doc A/CONF.195/15 (2001) Para II.27; David Capie, Small Arms Production and Transfers in

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The lack of know-how, trained personnel and advanced equipment, and the lack ofresources to obtain those, is another obstacle to effective action against thetrafficking of firearms. Law enforcement and border control agencies in developing
nations need to obtain financial and technical assistance to keep pace with thegrowing sophistication of trafficking organisations. Additionally, the exchange andtraining of personnel is essential for effective counteraction and also contributes toconfidence building in the region. Specialist training for law enforcement, customs,
border control and other relevant partners to combat arms smuggling should be
provided and strengthened in cooperation with appropriate national, regional, andinternational organisations and non-governmental bodies.36
Moreover, each country should establish and designate a national coordination
agency to oversee policy developments, to monitor the licit and illicit weapons
markets, and act as an access point for international cooperation.37 Equally, regional
and international organisations should designate contact points to act as liaison onmatters of arms and ammunitions snuggling.38

4.2

Databases
International databases on the licit and illicit trade in weapons, their parts andcomponents, and ammunition are important tools to monitor the movements of licit
stock as well as to trace stolen and lost weapons and ammunition. Consequently, allcountries should contribute consistently to the existing databases maintained by theUnited Nations and Interpol.
UNCAR, the United Nations Register of Conventional Arms, which is currently limited
to military holdings, should be extended to also include light weapons and weaponsof mass destruction and their components.39 IWETS, the Interpol Weapons andExplosives Tracking System, currently the only international analytical database
designed to collate information on illegal firearms trafficking, needs further input from
Asia Pacific nations to give it greater relevance in the region and make it a truly global
database.

4.3

Judicial cooperation
One of the main obstacles in the fight against arms smuggling is the lack of judicial
cooperation in the region.
Extradition
In order to close loopholes that enable offenders to escape criminal prosecution, it isimportant that countries have the ability to seek extradition of offenders from abroad.
All countries should allow foreign requests for extradition of persons engaged in arms
smuggling even in the absence of dual criminality.40 The extradition provisions underinternational criminal law and anti-terrorism conventions, too, enable extradition in theabsence of other bilateral or multilateral extradition agreements. In order to prevent
offenders from escaping prosecution, the obligation to extradite or prosecute (autdedere aut judicare) must be adhered to.41
Southeast Asia (2002) 109.

36

Cf UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in
all its Aspects, UN Doc A/CONF.195/15 (2001) Para III.7, 8; David Capie, Small Arms Production and Transfers inSoutheast Asia (2002) 108-109.

37

Cf UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in
all its Aspects, UN Doc A/CONF.195/15 (2001) Paras II.4, 5; art 13(2) Firearms Protocol.

38

UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in all
its Aspects, UN Doc A/CONF.195/15 (2001) Para II.24.

39

Cf Edward Laurence, The United Nations Conventional Arms Register (UNCAR): Present Challenges, New
Directions (2001).

40

Cf art 16 Convention against Transnational Organised Crime.

41

Cf art 16(10) Convention against Transnational Organised Crime.

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Further bilateral and multilateral arrangements that allow the transfer of sentenced
and imprisoned persons are needed to facilitate the prosecution of offenders.42
Where several jurisdictions are involved in criminal proceedings, the prosecution andtrial should be transferred to a single jurisdiction.43
Mutual legal assistance
All countries should provide the widest range of mutual legal assistance ininvestigations, prosecutions and judicial proceedings in relation to arms smuggling.44
Countries need to cooperate more closely in gaining evidence through witness
statements and testimony, seizures, identifications, examinations and expert
evaluations, and in information exchange.45 To facilitate and accelerate mutual legal
assistance, countries should designate a central authority to deal with such requests
and to formalise the requests and their execution.46

4.4

Regional and international cooperation
To encourage multinational cooperation and negotiations, the role of regional andinternational fora addressing the issue of arms smuggling needs to be strengthened.
Insofar as possible, these fora should work towards concluding legally binding
instruments aimed at preventing and suppressing the illicit trade in arms, theircomponents, and ammunition.47 Further networks for information sharing between
law enforcement, border control and customs agencies need to be established.48
Moreover, national governments and regional organisations need to work moreclosely with international organisations such as the United Nations, the World
Customs Organisation, and Interpol.49 Governments should be fully committed to theimplementation of and adherence to international conventions and need to reportabout the implementation processes as required by the relevant conventions andprogrammes.

4.5

Accession to international conventions
It is desirable that the specific instruments and organisations addressing arms
smuggling in the Asia Pacific region obtain more recognition, further support andgreater enforceability. It is crucial that more countries in the region ratify theConvention against Transnational Organised Crime and the Firearms Protocol and in
the longer-term attempt to eliminate the shortcomings of these instruments. Global
initiatives and other regional initiatives, including in particular the United Nations
Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms
and Light Weapons in all its Aspects, the UN General Assembly’s 2003 resolution on
illicit trade in small arms and light weapons in all its aspects,50 and the Pacific Islands
Forum Nadi Framework,51 need further recognition and endorsement. The role of42

Cf arts 17, 21 Convention against Transnational Organised Crime.

43

Cf art 21 Convention against Transnational Organised Crime.

44

Cf art 18 Convention against Transnational Organised Crime.

45

Article 18(3) Convention against Transnational Organised Crime.

46

Cf art 18(13)-(18), (24) Convention against Transnational Organised Crime.

47

Cf UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in
all its Aspects, UN Doc A/CONF.195/15 (2001) Para II.25.

48

Cf UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in
all its Aspects, UN Doc A/CONF.195/15 (2001) Para II.27.

49

UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in all
its Aspects, UN Doc A/CONF.195/15 (2001) Paras II.32, 38, III.9.

50

UNGA Resolution 58/241 (20 Dec 2003).

51

South Pacific Chiefs of Police Conference Working Group Report: Towards a Common Approach to Weapons
Control, signed at Nadi, Fiji, 10 Mar 2000 [hereinafter Nadi Framework].

Council for Security Cooperation in the Asia-Pacific
Memorandum 9 – Trafficking of firearms in the Asia Pacific region9international and regional fora dealing with arms smuggling needs to be strengthened
in order to make their work more effective and, insofar as possible, enforceable.
4.6

Financial aid
Additional arrangements are needed to help developing nations with technicalequipment, personnel exchange and better know-how to fight the causes andconsequences of arms smuggling, transnational organised crime and terrorism more
effectively.52 Furthermore, the regional powers must assist the developing nations in
the Asia Pacific with personnel and financial aid to allow these nations to escape thecircle of crime, violence and corruption.
To overcome the discrepancies in law enforcement and investigation techniques indifferent nations, countries should provide technical assistance and enhance financial
and material assistance through voluntary donations and by donating some of theconfiscated proceeds to developing nations.53 Moreover, developed nations should
provide training programmes and modern equipment to developing nations, andexplore options for bilateral and multilateral arrangements on material and logisticalassistance.54
Furthermore, areas that are dependent on arms production for their livelihood willneed assistance and investment to help the region develop alternative industries.
Using loans and aid to secure weapons stockpiles, to destroy weapons deemedsurplus to national requirements, or to improve the professionalism and salaries of
specific civilian law enforcement personnel, are other ideas worth considering.55

4.7

Research, intelligence, and data collection
The lack of comprehensive and profound knowledge on arms smuggling is anotherobstacle in combating illicit manufacturing and trafficking more effectively. One of themost immediate responses to growing levels of arms smuggling around the worldmust be the collection of information and intelligence on this phenomenon, thecauses of the demand for illicit weapons, the structure and operations of trafficking
organisations, the role played by national governments, regional organisations andthe international community, and the legal frameworks that exist at domestic andmultilateral levels. More work needs to be done on the many aspects associated witharms trafficking and the persons engaged therein. Academic knowledge needs to be
combined with the findings of law enforcement investigations. Further fieldwork
should be undertaken, and more complete and comprehensive data should becollected to explore the motivation of individual offenders, trafficking patterns incountries of origin, transit and destination, and the results need to be woven into a
more coherent strategy as part of future policy change and law reform.56

Conclusion
The problem of arms smuggling in the Asia Pacific region is complex, multifaceted and defies
single or simplistic solutions. It is important that the phenomenon is looked at from different
angles. A criminal approach is just one of many possible ways to deal with arms smuggling.
Changing the gun culture, too, may be one of the most important strategies to reduce the use
and circulation of firearms.
Only very slowly, and primarily at the international level, have countries come to understandthe true dimensions and causes of arms smuggling and have commenced the elaboration of52

See generally John McFarlane, Transnational Crime and Illegal Immigration in the Asia-Pacific Region:
Background, Prospects and Countermeasures (1999) 16.

53

Cf art 30(2) Convention against Transnational Organised Crime.

54

Cf art 30(2)(d), (4) Convention against Transnational Organised Crime.

55

David Capie, Small Arms Production and Transfers in Southeast Asia (2002) 103.

56

Cf UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in
all its Aspects, UN Doc A/CONF.195/15 (2001) Para II.6.

Council for Security Cooperation in the Asia-Pacific
Memorandum 9 – Trafficking of firearms in the Asia Pacific region10universal tools to combat its criminal aspects. The initiatives taken at regional and global
levels, including the Convention against Transnational Organised Crime, the Protocol against
the Illicit Manufacture of and Trafficking in Firearms, their Parts and Components, andAmmunition, UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in
Small Arms and Light Weapons in all its Aspects, the UN Development Programme’s (UNDP)
Capacity Development in the Reduction of Small Arms,57 the ASEAN cooperation,58 and thePacific Islands Forum Nadi Framework, along with other initiatives are steps in the right
direction and need strong support at all levels of government. These instruments haveinitiated a regional and international dialogue on matters that have traditionally been national
concerns only. Now is the time to take these initiatives further and work towards cooperative,
harmonised, and enforceable solutions for arms smuggling in the Asia Pacific.
The countries of the Asia Pacific region have no choice but to work together to meet thechallenges of arms smuggling and improve regional security in the 21st century.
May 2004

57

Cf UNDP, Strategy and Framework for Capacity Development in the Reduction of Small Arms and Light Weapons(2003).

58

See further Philips Vermonte, “Tackling the Problems of Small Arms in Southeast Asia: State and Non-State
Perspectives” in Philips Vermonte (ed), Small Arms Proliferation in Southeast Asia: Human and State Security”(2004) 16-21.

Council for Security Cooperation in the Asia-Pacific
Memorandum 9 – Trafficking of firearms in the Asia Pacific region11