CHAIRMEN’S REPORT, 28.VI.01 From “A Luncheon With Industry” Paris, June 26, 2001 Industry Self-regulation and the Effort to Eradicate the Illicit Proliferation of Small Arms SUMMARY At a luncheon of small arms manufacturers, trade associations, national government officials and members of the international community, in Paris, France, June 26, a consensus was reached, that industry should actively pursue a voluntary self regulation system. This would be industry’s contribution to the eradication of the illicit proliferation of small arms outside of legitimate state regulatory control. Manufacturers will institute, among themselves, standards for the marking and tracing of small arms. They support and will assist in further efforts against transfers of small arms which would be in violation of human rights, international treaty obligations, UN Security Council embargoes, international law or which would be used in genocide, illegal acts of aggression, criminal acts or the interference with the internal affairs of legitimate states. These industry efforts should be considered a contribution to resolving issues that will be considered by the UN Conference on Illicit Trade in Small Arms and Light Weapons in All Its Aspects, July 9-20, New York. _____________________________ Convening of the “Luncheon” The June 26 Paris meeting or “luncheon” was convened under the auspices of the Eminent Persons Group, with H.E. Mr. Michel Rocard, former Prime Minister of France, and H.E. Mr. Alpha Oumar Konare, President of the Republic of Mali, as co-chairs. Former Prime Minister Rocard and C. Edward Rowe, Chairman, Manufacturers Advisory Group, chaired the luncheon. H.E. Mr. Camillo Reyes (Colombia) attended the luncheon as a guest. Participants included representatives of major firearms/small arms companies, trade associations and Members of the Eminent Persons Group. Representatives of national governments attended the meeting as observers. Michel Rocard read a message received from President Alpha Oumar Konare welcoming and supporting the EPG-sponsored dialogue with industry. The purpose of the luncheon was to discuss a voluntary, industry-based regulation effort in order to help eradicate illicit proliferation of small arms outside legitimate State regulatory control and in response to the July UN Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects. Participants decried the humanitarian impact posed by excessive illicit proliferation on civilians in all parts of the developing world. The luncheon explored concrete measures in the areas of small arms marking, record keeping and tracing; brokering and norms for transfer under international law. Self- regulation and the Firearms/Small Arms Industry The firearms/small arms industry has a history of self-regulation efforts. American companies have imposed regulations upon themselves since 1926 when, at the request of the US Congress they instituted the Sporting Arms and Ammunition Manufacturers Association (SAAMI). European industry has the experience of working directly in the international arena through the 13 nation Permanent International Commission for Small Arms Testing or CIP, which, like SAAMI, establishes manufacturing and safety standards. It is also noted that these matters involve the issues of sovereignty, the right to self-determination and citizen’s rights under national constitutions. No actions should be taken to diminish any of these important concepts. Firearms manufacturers and trade associations have recently established the firearms Manufacturers Advisory Group (MAG) to address regulation issues at the international level. The MAG is chaired by Mr. C. Edward Rowe of Sturm-Ruger, USA. This organization held a series of workshops to address the issues of marking and international firearms regulation: “Technical and Manufacturing Aspects of Firearms Marking in the Context of UN Regulation Efforts” 30 September - 1 October 1999 Brescia, Italy “Firearms Marking: Model Standards and Common Serial Number Codes” 22-24 June 2000 Grand Hotel Smeraldo Beach Baia Sardinia (Olbia), Island of Sardinia, Italy In a letter to Mr. Rocard, dated May 18, Mr. Rowe states: “it is our view that a self-regulation effort could begin by being based upon recommendations on firearms marking, record keeping and tracing found in our report “Firearms Marking Standards and Common Serial Number Codes.” Other matters upon which industry could have an effective impact could also be considered. Within this context, the EPG has submitted two particularly relevant memoranda dated May 5 and May 14.” The memoranda call for industry to go beyond marking and examine general issues such as standards for transfers. A System of Self-regulation There was agreement that manufacturers could institute a system of self-regulation in small arms to be made traceable through marking and an agreed-upon information exchange mechanism, which includes the following: 1. All small arms to be marked at time of manufacture. At a minimum, marking should be easily understandable and should include country of manufacture, the manufacturer’s name and a unique serial number. All marking should be done in a manner, which is recoverable. 2. All manufacturers to establish control procedures to avoid duplicate (identical) marks on firearms. 3. All manufacturers to establish procedures whereby records of what markings were applied to what firearms are kept for at least ten years as stipulated in the Firearms Protocol. 4. All manufacturers to establish procedures whereby any request for tracing information from an appropriate law enforcement agency is responded to as soon as possible, but no later than 72 hours within receipt of the request, with due consideration given to technical difficulties encountered by smaller manufacturers in ensuring timely submissions. 5. All manufacturers to conduct information exchange by (date) on their marking systems used in the manufacture and/ or import of small arms. 6. All manufacturers to make available for public scrutiny information on the manufacture, the marking of weapons, transfers and procurement of small arms. Other Matters The manufacturers also see the urgent necessity of examining issues beyond marking and tracing. Manufacturers will examine international normative criteria for authorizing international transfers of small arms so that such transfers do not violate States’ existing obligations under international law. These could include: 1. Obligations arising under decisions of the UN Security Council; 2. Obligations arising under international treaties by which the Contracting Parties are bound; 3. Transfers of small arms the use of which is prohibited by international law because they are incapable of distinguishing between combatants and civilians or are of a nature to cause superfluous injury or unnecessary suffering; and 4. Obligations arising under customary international law. Manufacturers are opposed to international transfers of small arms in circumstances in which there is a strong likelihood that the arms could be used to commit or adversely affect: 1. Acts of aggression; unlawful interference in the internal affairs of a legitimate State; 2. Serious violations of human rights; 3. Violations of international law applicable to international or non-international armed conflict; 4. Acts of genocide or crimes against humanity; 5. The commission of violent crimes. Conclusion Participants welcome the initiative taken by EPG in consultation with States, NGOs and industry and support continuation of the dialogue throughout the Conference and as part of Conference follow-on. Manufacturers views on a voluntary, industry self-regulation effort and other matters will be communicated to the UN Secretary-General and the UN Conference through the good offices of former French Prime Minister Michel Rocard. Michel Rocard C. Edward Rowe Chairman, Chairman, Employment and Social Affairs Committee Manufacturers Advisory Group European Parliament WFSA |
 |