Note the discussion of consensus.
Communida de Segura
Progress in preventing gun violence through the United Nations
18/12/2008 - 22:20
An exclusive article for the montlhy newsletter “En la mira – The Latin American Small Arms Watch.”
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Mark Marge*
http://www.comunidadesegura.org/?q=en/node/41399
The calm atmosphere of the First Committee of the UN General Assembly can seem much distance way from the slums of Brazil or the refugee camps in East Africa. This is misleading – since guns cross borders easily, global coordinated action is an essential part of the solution.
Campaigners against armed violence had high expectations for the 2008 First Committee, which met during October in New York. All UN Member States participate in this Committee, which addresses peace and international security. This includes all aspects of disarmament (nuclear, biological, cluster bombs, conventional weapons etc.) Resolutions adopted at the First Committee are usually rapidly endorsed by the plenary of the General Assembly and become General Assembly Resolutions.
The UN small arms process has proven a useful tool in reducing gun violence. 147 countries have established National Points of Contact since the process started with agreement of the 2001 Programme of Action (PoA). Furthermore, about 100 countries have established national coordination mechanisms (National Commissions) to deal with small arms proliferation. The existence of a global process has galvanised some countries into tackling the problem at the national and regional level. But while the process has facilitated national and regional progress, it has failed to create strong global coordinated action.
Cracks in the tyranny of ‘consensus’
In the past year, there have been signs of hope that the UN small arms process might escape it’s previously stifling view of ‘consensus’, which in practice meant that the views of the overwhelming majority could be vetoed by a single opposing Member State. This was the major reason for the failure of the previous UN meeting devoted specifically to small arms control, the 2006 Review Conference for the PoA. The UN small arms process has so far produced only politically-binding agreements, with no legal force. So it is particularly frustrating for survivors and campaigners that the process has been hindered by this limited notion of consensus.
Progress started at the First Committee in 2007, when the annual ‘omnibus’ resolution on small arms required a vote for the first time. An overwhelming 165 states voted in favour, with just the US opposing. The narrow view of consensus was also rejected at the most recent specialised global meeting on small arms, the UN Biennial Meeting of States (BMS) in July 2008. At that meeting, the UN small arms process was renewed with a substantive outcome document that was supported by 134 states, with Iran and Zimbabwe abstaining.
This year’s major resolution
This year’s new resolution on small arms (A/C.1/63/L.57) co-authored by Colombia, Japan and South Africa, and co-sponsored by 44 countries, was approved by 166 votes in favour, no abstentions and only 1 country against it (US). It keeps the small arms process on track with a 2010 BMS to discuss progress and a further Review Conference in 2012. The resolution also endorses the substantive report adopted by this year’s BMS and calls for an experts meeting in 2011 to address “key implementation challenges and opportunities relating to particular issues including international cooperation and assistance.”
Other resolutions
Although the ‘omnibus’ resolution attracts all the attention, less controversial resolutions adopted at the First Committee help maintain momentum for the process. Australia and South Korea co-authored a resolution on Arms Brokering recommending national legislation to regulate arms brokering activities. The resolution is not explicit in defining ‘arms brokering activities’ but it references the 2007 report of the Group of Governmental Experts on Arms Brokering, which contained a comprehensive definition. Only 35 states have brokering control, so this resolution should help encourage wider engagement.
The regular Mali-authored resolution on Assistance to States for Curbing Small Arms once again called for increased international cooperation and stressed the importance of civil society in implementing small arms control. These were also aspects mentioned by Ambassador Cekuolis of Lithuania in his presentation to the First Committee as Chair of the 2008 BMS. He hoped that the modest improvements in civil society participation at the BMS would allow more interactive engagement during future meetings.
Low-key discussions
Since the UN small arms process has its own independent meetings for suggesting progress, the discussions at the First Committee did not generate many new proposals. Most delegations welcomed the outcome of the BMS, making it more likely that the BMS will become the precedent for future UN small arms meetings. Some delegations repeated their request for a ban on international transfers to non-State actors, while others (such as ASEAN) addressed civilian firearm possession. The Colombian delegation referenced victim (survivor) assistance and the Nigerian representative suggested standardised end-user certification. Several delegations welcomed existing initiatives for coordinating donors with recipients.
Perhaps the most important statements were made outside of the First Committee itself. The High-Level opening of the General Assembly occurred immediately before the start of the First Committee. During the parade of Presidents, Prime Ministers and other Heads of State, reducing gun violence was referenced as a priority by several governments, including Jamaica and Liberia.
Next steps
Historically, the First Committee has focused on maintaining international security ie preventing nuclear wars and other wars between nation states. Its agenda has very slowly moved towards broader human security concerns, such as gun violence. This change is reflected in the growing participation of civil society campaigners and survivors working to reduce armed violence.
Every year, civil society is given greater access to the First Committee. This year is the third year in which civil society addressed the plenary directly, and the International Action Network on Small Arms (IANSA) coordinated speakers from gun-affected regions, providing context for the important decisions taken by delegates during the First Committee.
The global campaign is achieving results, in the greater flexibility applied to ‘consensus’, in the move towards greater cooperation and implementation, in the development of specific themes such as brokering controls or standardising end-user certification. This should provide a solid basis for concrete action at the next meetings of the UN small arms process in 2010 and 2012.
*UN Liaison Officer - International Action Network on Small Arms
