Organization for Security and Co-operation in Europe

Transcription

1 FSC.GAL/59/06 23 June 2006 OSCE+ ENGLISH only Organization for Security and Co-operation in Europe Conflict Prevention Centre Vienna, 20 June 2006 To: All OSCE Delegations in Vienna Re: Report to the UN Review Conference on the Implementation of 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 CPC is herewith distributing the above-mentioned report. The paper will also be distributed in New York at the Review Conference on the Implementation of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All its Aspects with the following annexes: Decision No. 3/04 Decision No. 5/04 Decision No. 8/04 FSC.DEL/208/06 OSCE Principles for Export Controls of Man-Portable Air Defence Systems (MANPADS) Standard Elements of End-User Certificates and Verification Procedures for SALW Exports OSCE Principles on the Control of Brokering In Small Arms And Light Weapons Report on the Special Meeting on Small Arms and Light Weapons in preparation for the UN Review Conference on the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects on May

2 1 Organization for Security and Co-operation in Europe The Secretariat Conflict Prevention Centre Vienna, 20 June 2006 Report to the Review Conference On The Implementation of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects

3 2 Table of Contents 1. INTRODUCTION THE OSCE DOCUMENT ON SALW AND FSC DECISIONS ON SALW CONTROLS WEAPONS MARKING COMMON EXPORT CRITERIA AND EXPORT CONTROLS OSCE Document on SALW OSCE Decisions on further strengthening SALW export controls MANAGEMENT OF STOCKPILES, REDUCTION OF SURPLUSES AND DESTRUCTION EARLY WARNING, CONFLICT PREVENTION, CRISIS MANAGEMENT AND POST-CONFLICT REHABILITATION INFORMATION EXCHANGES IMPLEMENTATION AND REVIEW MEASURES AT THE NATIONAL LEVEL DESTRUCTION OF SALW (PARA II.19) NATIONAL SALW TRAINING PROGRAMMES MEASURES AT THE REGIONAL LEVEL POINT OF CONTACT (PARA. II.24) REGIONAL MORATORIA AND REGIONAL ACTION PROGRAMMES (PARA. II.26) SUBREGIONAL OR REGIONAL MECHANISMS FOR LAW ENFORCEMENT, BORDER AND CUSTOMS CONTROL (PARA. II.27) SAFE, EFFECTIVE STOCKPILE MANAGEMENT AND SECURITY (PARA. II.28) NATIONAL DISARMAMENT, DEMOBILIZATION AND REINTEGRATION PROGRAMMES (PARA. II.29) MEASURES TO ENHANCE TRANSPARENCY (PARA. II.31) MEASURES AT THE GLOBAL LEVEL ENSURING EFFECTIVE IMPLEMENTATION OF ARMS EMBARGOES (PARA II.32) DISSEMINATION OF INFORMATION (PARA. II.33) FIGHT AGAINST TERRORISM (PARA. II.38) BROKERING ACTIVITIES (PARA. II.39) COOPERATION WITH CIVIL SOCIETY (PARA. II.40) IMPLEMENTATION, INTERNATIONAL CO-OPERATION AND ASSISTANCE TECHNICAL AND FINANCIAL ASSISTANCE (PARA. III.3, PARA III.5) CONFLICT PREVENTION (PARA. III.4) CAPACITY BUILDING (PARA. III.6, PARA. III.8) The OSCE Handbook of Best Practices Training workshops in the OSCE area OSCE projects on stockpile security and management EXCHANGE OF EXPERIENCE IN TRAINING OF POLICE AND CUSTOMS OFFICERS (PARA.III.7) Capacity building Institutional and technical support Provision of specialized border equipment Policing EXCHANGE ON INFORMATION ON MARKING SYSTEMS (PARA. III.12) ASSISTANCE FOR DESTRUCTION (PARA. III.14) Activities of the OSCE Mission to Moldova National SALW Destruction Centre in Tajikistan ASSISTANCE FOR COMBATING ILLICIT SALW TRADE LINKED TO DRUG TRAFFICKING, TRANSLATIONAL ORGANIZED CRIME AND TERRORISM (PARA. III.15) OSCE Economic Forum on Illicit Trafficking OSCE support to law-enforcement authorities of Tajikistan SUPPORT FOR PROGRAMMES RELATED TO DDR (PARA. III.16) OSCE Mission to Georgia OSCE Centre in Dushanbe OSCE Presence in Albania ANNEXES...21

4 3 1. INTRODUCTION The range of OSCE activities to prevent and combat the illicit trade in SALW in all its aspects is a reflection of its comprehensive approach to security, and a product of its broad acquis in arms control, disarmament and conflict prevention. It also reflects the OSCE varied membership, which includes major producer and exporter States, and States that have been negatively affected by the proliferation of SALW. The OSCE Document on SALW adopted in 2000 paved the way to a comprehensive approach to these problems, and gave participating States primary responsibility for the implementation of its commitments. In the course of the follow-up implementation the OSCE participating States agreed on a number of SALW related decisions and developed set of best practices known as Handbook of Best Practices on SALW. The issue of conventional ammunition, including SALW ammunition, also became a vital part of the OSCE activities in this domain. The chronology of the OSCE SALW work looks as follows: November 1993 FSC/Journal 49 OSCE Principles governing Conventional Arms Transfers November 2000 FSC Document 1/00 OSCE Document on SALW November 2002 FSC Decision 15/02 Advice on Implementation of Section V of the SALW Document June FSC Decision 5/03 Endorsement and Distribution of Handbook of Best Practices on SALW July 2003 FSC Decision 7/03 MANPADS (promotion of export controls) November 2003 FSC Document 1/03 OSCE Document on Stockpiles of Conventional Ammunition May 2004 FSC Decision 3/04 OSCE Principles for Export Controls of MANPADS November 2004 FSC Decision 5/04 Standard Elements of End User Certificates and Verification Procedures for SALW Exports November 2004 FSC Decision 8/04 OSCE Principles on the Controls of Brokering in SALW March 2006 FSC Decision 3/06 Annex C to the BPG on National Procedures for Stockpile Management and Security of MANPADS. This report also shows how the Organization as a whole assists with this process, through the provision of training, seminars, including outreach activities going beyond OSCE area, and assistance projects. It outlines how OSCE institutions and field missions assist States, at their request, as part of national SALW control programmes. Additionally, the report provides some background information on other OSCE competencies in the field of policing, border management and conflict prevention, and demonstrates how these activities provide the necessary conditions for SALW control and removal.

5 4 2. THE OSCE DOCUMENT ON SALW AND FSC DECISIONS ON SALW CONTROLS The OSCE Document on Small Arms and Light Weapons, which was agreed by the Forum for Security Co-operation (FSC) on November 24, 2000 was a landmark for the OSCE participating States. The UN Conference on the illicit trade in SALW in all its aspects, held in July 2001, remarked that implementation of the norms, principles and measures contained in the OSCE Document could substantially contribute to the implementation of the UN Programme of Action (PoA). Indeed, the OSCE Document was conceived in part as a contribution to the process already underway in the United Nations. The OSCE Document committed participating States to a number of standards, which, if fully implemented, would assist States in their efforts to abide by many of the paragraphs on national implementation in the PoA. These standards, including the follow-up SALW controls decisions taken by the FSC, can be summarized as follows: 2.1 Weapons marking The separate section of the SALW Document sets out principles for the marking of small arms and light weapons. The participating States must ensure that SALW are marked in such a way as to allow investigating authorities to be able to identify the year and country of manufacture, and the weapon s serial number. The participating States also agreed to either mark or destroy all unmarked or inadequately marked weapons. Furthermore, States agreed to keep full and accurate records of all SALW holdings. 2.2 Common export criteria and export controls OSCE Document on SALW The OSCE Document elaborates a series of common export criteria, initially introduced in the OSCE Principles Governing Conventional Arms Transfers in 1993, for all SALW transfers, including the need among recipient states for respect for human rights, avoidance of armed conflict, and compliance with international agreements. The participating States also agreed on a detailed set of principles governing the procedures and documentation for the import, export and transit of SALW, including information on receipt, retransfer, end-user certificates and verification and inter-agency co-ordination. The OSCE Document also encourages states to consider establishing national systems to control brokering activities, including registration of brokers operating within their territory and licensing or authorization of brokering transactions OSCE Decisions on further strengthening SALW export controls With the purpose of complementing and thereby reinforcing the implementation of the SALW Document additional efforts were undertaken, in particular with regard to export control and export documentation. During 2004, the FSC adopted three decisions covering different areas of exports of SALW. OSCE Principles for Export Controls of MANPADS (Decision 3/04). In this decision, the FSC agreed on principles drawn from the Wassenaar Arrangement s Elements for Export Controls of Man-Portable Air Defence Systems. The participating States also agreed to incorporate these principles into their national practices, policies and regulations, and to promote the application of the principles to the non-osce countries.

6 5 Standard Elements of End-User Certificates and Verification Procedures for SALW Exports (Decision 5/04). The Decision relates to the content of end-user certificates (EUC) provided prior to approval of export licences for SALW (including SALW manufactured under licence) or the transfer of SALW-related technology. The Decision contains a list of standard elements of end-user certificates and verification procedures for SALW exports. This will allow participating States to develop a common approach regarding application of end-user certificates, while taking due account of their respective national legislations. In addition, the Decision foresees commitments for participating States to implement verification measures and to further strengthen transparency in this field. OSCE principles on the control of brokering in SALW (Decision 8/04). The objectives of the Decision are as follows: - To avoid circumvention of sanctions adopted by the UN Security Council, decisions taken by the OSCE and other agreements on SALW; - To minimize the risk of diversion of SALW into illegal markets; - To reinforce export controls in respect of SALW. In this Decision, the participating States, building upon relevant UN, OSCE, EU and Wassenaar Arrangement documents, evolved principles that allow them to take all necessary measures to control brokering activities taking place within their territories and to consider controlling brokering activities outside their territories carried out by brokers of their nationality resident or brokers who are established in their territories. As a concrete measure, the Decision foresees that States will endeavour to ensure that their existing or future national legislation is in conformity with agreed principles. 2.3 Management of stockpiles, reduction of surpluses and destruction The OSCE Document contains a detailed list of standards for the safe storage of SALW stockpiles. The States also agreed on a set of tripwires which should notify a government that it ought to review its holdings and decide whether a surplus exists, although the determination of a national surplus remains firmly the prerogative of each government. Furthermore, the States agreed that the preferred method of disposal of SALW is destruction. 2.4 Early warning, conflict prevention, crisis management and post-conflict rehabilitation A procedure was established in Section V of the OSCE Document for incorporating small arms measures into conflict prevention and post-conflict rehabilitation activities. The Document contains a range of such measures, including assistance with the reduction and disposal of small arms; advice and assistance for the reinforcement of border controls; and assistance with small arms collection and control programmes. These measures can be used on a voluntary basis. November 2002 January 2003 the OSCE agreed on Expert Advice on Implementation of Section V of the OSCE Document on Small Arms and Light Weapons aimed at establishment and operationalization of SALW assistance mechanism. 2.5 Information exchanges Under the OSCE Document, the participating States agreed to share information, on a one-off basis, on national marking systems; national procedures for the control of manufacturing; national legislation and current practice in export policy, procedures and documentation, and control over brokering; small arms destruction techniques; small arms stockpile security and management programmes. In addition, the participating States committed themselves to exchange annually data on exports to and imports from other OSCE participating States, as

7 6 well as small arms identified as surplus and/or seized and destroyed on their territory in the previous calendar year. As a follow-up to the Overview of the first Information exchanges, the FSC tasked the CPC to prepare additional tools to aid participating States in their submission of all the required information, including a Model Answer for the June 2001 exchange. This model answer was later shared with the UN by the OSCE Chairmanship following a decision of the Forum. The purpose of this was to provide guidance for those who still had to submit their information. At the same time, the model answer formed a kind of voluntary check list against which each participating State was able to compare its own report and, if it deemed it necessary, to provide updates on those elements that had not been fully covered in the first report. A number of participating States did indeed submit new reports or updates in view of this model answer. In 2002, the FSC tasked the CPC to prepare templates in advance of the June 2002 exchanges the one-off exchange on stockpile security and management and the annual exchanges on exports/imports and destroyed weapons. This template was followed closely by the majority of participating States in their one-off and annual reporting since Having recognized the threats posed by unauthorized proliferation and use of man-portable air defence systems (MANPADS) in the framework of MANPADS export controls principles adopted in 2004, the participating States also agreed to report transfers of MANPADS using the OSCE SALW document s information exchange requirements and any MANPADS related information exchange mechanisms that may be agreed in the future. 2.6 Implementation and review In order to foster implementation of the Document, the FSC convened a workshop on 4-5 February 2002 to review implementation so far and chart a path for future action. The workshop outlined a number of recommendations for the OSCE, including the development of information exchange templates, the operationalization of Section V of the OSCE Document, and the elaboration of Best Practice Guides in certain areas of SALW control. A number of additional recommendations and suggestions were identified, which formed the basis of future work of the OSCE. This work, including development of the model answer and Handbook of Best Practice Guides, is outlined below following the structure of the UN Programme of Action. Review of implementation of the OSCE Document on SALW is on the permanent basis included in the agenda of the FSC Working group A meeting and Annual Implementation Assessment meetings. In addition, the CPC was tasked to prepare overview of annual information exchanges to support the FSC discussions on SALW issues. The FSC also held a Special Meeting on Small Arms and Light Weapons in preparation for the UN Review Conference on the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects on May 17, The report of the Meeting (FSC.DEL/208/06 as of May 30, 2006) is attached.

8 7 3. MEASURES AT THE NATIONAL LEVEL 3.1 Destruction of SALW (para II.19) Although this section of the Programme of Action places commitments on participating States, it is nevertheless useful to summarise activities undertaken by participating States within the OSCE region on destruction of SALW. According to the data exchanged, during the period the OSCE participating States destroyed 4,319,681 items of SALW, of which 3,547,805 were deemed as surplus, and 771,876 had been seized from illegal possession and trafficking. SALW Destruction in the OSCE region 1,800,000 1,747,264 1,600,000 1,400,000 1,200,000 1,000, ,000 1,113, ,155 Total SALW destroyed SALW Surplus SALW Seized 600, , , , National SALW Training Programmes In the OSCE arranged a series of SALW education and training activities at the national level. Ten seminars and workshops addressing illicit trafficking in SALW, export controls, physical stockpile security and management, destruction techniques of SALW were held in Kyrgyzstan, Kazakhstan, Uzbekistan, Tajikistan and Turkmenistan (see also para ). 4. MEASURES AT THE REGIONAL LEVEL Although this section of the Programme of Action places commitments on participating States rather than regional organizations, it is nevertheless useful to outline a number of relevant OSCE activities taken in this regard. 4.1 Point of contact (para. II.24) The OSCE Document on SALW designated the Conflict Prevention Centre (CPC) as the point of contact on SALW issues. The FSC Support Unit in the CPC has taken on this function, and acts as the repository of data collected under the information exchanges, and as the liaison with other international, regional and sub-regional organizations. The CPC also provides advice and expertise to OSCE bodies, institutions and field missions on SALWrelated issues and projects, and fosters the implementation of OSCE commitments among

9 8 participating States through the organization of seminars and training courses on request. Finally, the CPC maintains an informal roster of experts and administers extra-budgetary contributions for SALW related activities. 4.2 Regional moratoria and regional action programmes (para. II.26) Although the OSCE has not been active in the establishment of regional moratoria either within or outside the OSCE region the entire OSCE Document on SALW can be viewed as a regional action programme. At the sub-regional level the OSCE mission BiH participated actively in the I.C. joint efforts to a BiH MoD moratorium by which the Minister of Defence prohibited the sale of SALW belonging to armed forces. The OSCE has also collaborated with other regional organizations, notably the United Nations structures (UNDP, UNIDIR, UNODC) and Euro-Atlantic Partnership Council March 2003 OSCE Collaboration with UN and Other Regional Organisations on PoA implementation Date Title Place UN OSCE Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects in South Eastern Europe February 2003 UN Seminar on SALW for Asian and Pacific Region Bali Brdo, SLO December 2003 UN & League of Arab States Conference on SALW Cairo March 2004 UN Seminar on SALW for Central Asia, Afghanistan and Indonesia Almaty June 2004 UN Workshop on SALW Tunis April 2005 UN DDA Regional Symposium on the Implementation by the Arab States of the UN Programme of Action on SALW Algiers April 2005 UN Workshop on SALW in Asia Beijing 1-2 June 2005 UN Workshop on SALW in Africa Nairobi 8-9 December March 2006 Parliamentary Conference on the Implementation of the Nairobi Protocol for the Prevention, Control and Reduction of Small Arms and Light Weapons in the Great Lakes Region and Horn of Africa UNIDIR Workshop on SALW for Sub-Saharan Africa Mombasa Tunis Furthermore, the Organization has supported sub-regional measures such as initiatives of the Stability Pact for South-Eastern Europe, including the Regional Implementation Plan, and, more recently, the UNDP-Stability Pact South-Eastern Europe Small Arms Clearinghouse (SEESAC). The CPC participates in the Stability Pact s Regional Steering Group, which oversees implementation of the Regional Implementation Plan. The OSCE also provides support and advice to SEESAC in its daily activities, particularly through the OSCE Mission to Serbia and Montenegro and the OSCE Mission to Bosnia and Herzegovina. The SEESAC expertise is also used by the OSCE in outside the SEE sub-region.

10 9 4.3 Subregional or regional mechanisms for law enforcement, border and customs control (para. II.27) The OSCE Document encourages participating States to co-operate in tracing illegal SALW, including by making available information on request to the investigating authorities of other participating States. Implementation of this provision falls to national governments. However, the CPC has also endeavoured to support regional initiatives, such as the Regional Centre for Combating Trans-Border Crime of the Southeast European Co-operation Initiative (SECI). The OSCE's role in borders is firmly anchored in a number of official documents, not least the Helsinki Final Act. More recently the OSCE participating States commitment to promote open and secure borders in the OSCE area was reflected in the OSCE Border Security and Management Concept adopted at the Ministerial Meeting in Ljubljana in Increasingly, the OSCE is being called upon by participating States to provide assistance on border management and policing issues (see para. 6.4). A number of activities has been undertaken by various OSCE bodies, institutions and field operations, and is focusing on a various aspects of border security, including police, customs and immigration. The OSCE activities in this area consist of the following key elements: - Regional seminars and the facilitation of meetings aimed at promoting the conclusions and implementation of cross-border cooperation agreements and cooperation at the operational level; - Promotion of inter-agency cooperation between border guards, customs and law enforcement agencies; - Aassistance in the transition from military to civilian border law enforcement agencies; - Professional training for border guards on such issues as document security, risk analysis, combating trafficking in human beings/drugs/weapons, and inter-agency cooperation; - Contributions to the reform of the curriculum of border guard services; - Monitoring of borders; - Provision of specialized border equipment to border guards. The OSCE also co-sponsored the Ohrid Border Process (OBP) that was agreed with NATO, the EU, the Stability Pact and the participating States in SEE at the Regional Conference on Border Security and Management on May 2003 in the Former Yugoslav Republic of Macedonia. As an OSCE contribution to the OBP the borders team within CPC carried out a two-year programme addressing the most urgent needs of the South-East European countries in the field of cross-border co-operation at the regional and sub-regional levels. The OSCE SEE Cross-border Co-operation Programme (OSCCP) began in February 2004 and ended in December It consisted of a series of eleven regional seminars and workshops, aimed at promoting cross-border agreements in areas such as transition to civilian border policing, joint training, cross-border co-operation of law enforcement agencies and blue-border issues. In view of the completion of phase II of the OSCCP, the CPC will move to evaluating of the relevance, effectiveness, efficiency and sustainability of the OSCCP to extract transferable lessons learned to be further applied, if possible, in other regional settings within OSCE area. The Borders team in the CPC continues assisting to the Chairperson of the Working Groups on the elaboration and the implementation of the OSCE Security and Management Concept.

11 10 Following requests from participating States, the team has also conducted assessment visits to Central Asia, Georgia, and Belarus in order to provide technical assistance in enhancing border management and security. The team also supported the informal Working Group on an OSCE Border Security and Management Concept. 4.4 Safe, effective stockpile management and security (para. II.28) As outlined above, Section IV of the OSCE Document on SALW contains a number of standards for safe storage of SALW, including physical security measures. The participating States have reported on their national procedures under the OSCE information exchanges. Assistance projects for Tajikistan and Belarus aimed at improving stockpile management and security of large army stockpiles and organic weapons belonging to law-enforcement authorities have being processed starting from 2003 under the OSCE assistance mechanism (see also Section 6). The OSCE has also recently embarked on a new initiative to examine the security risks arising from stockpiles of ammunition and explosives for use in conventional armaments in surplus or awaiting destruction in the OSCE region. Adoption of the OSCE Document on Conventional Ammunition in 2003 revealed a serious humanitarian and environmental threat posed by outdated ammunition, including SALW ammunition, in the OSCE area often under precarious conditions. The Document contains the following key elements: general principles; categories of conventional ammunition, explosive material and detonating devices; indicators of a surplus; stockpile management and security; transparency about needs and assistance; information to be provided by a requesting state; information to be provided by an assisting/donor state; scope of assistance and procedure. 4.5 National disarmament, demobilization and reintegration programmes (para. II.29) The OSCE developed guidelines to assist participating States in addressing small arms measures as part of disarmament, demobilization and reintegration programmes (DDR) within the context of the Best Practice Guides (see para.6.3). Section V of the OSCE Document created the special assistance mechanism for such measures to participating States upon request (see para. 6.1). 4.6 Measures to enhance transparency (para. II.31) The information exchange regime created under the OSCE Document and outlined in paragraph 2.5 of this report constitutes the most comprehensive information exchange regime on SALW to any multilateral organization. The one-off exchanges, conducted on 30 June 2001, collected a wealth of information on policy and practice related to SALW control. In order to inform the OSCE review workshop of February 2003, the FSC tasked the CPC to prepare an Overview of the general trends and patterns of implementation apparent in participating States responses. The overview prepared by CPC experts provided States with the tools to analyze the submissions and draw conclusions for the implementation of the OSCE Document as a whole. Furthermore, the CPC was tasked to prepare by 21 March 2004 an overview and an account of the annual submissions for the Information Exchange on SALW in the preparation for the discussion of the implementation of the OSCE Document on SALW. The overview covered the information exchanges for 2002 and 2003 on export/import and destruction of SALW, including MANPADS. It identified common practices with regard to the implementation of the respective Document provisions, including categorization and designation of SALW, to examine whether all participating States are applying them in the same way. It also appeared

12 11 that in order to increase transparency some participating States on the voluntary basis provide information on SALW transfers beyond the OSCE area. The CPC also keeps the record of annual submissions by participating States as outlined below: Reference (paragraph) Section II (D) 1 Section III (F) 1 Section III (F) 2 Section IV (E) 2 Section IV (E) 3 Quotation regarding implementation measures The participating States agree to conduct an information exchange on their national marking systems used in the manufacture and/or import of small arms, as well as on national procedures for the control of the manufacture of such arms The participating States agree to conduct an information exchange among themselves on their small arms exports to and imports from other participating States during the previous calendar year. They also agree to study ways to further improve the information exchange on transfers of small arms. The participating States will exchange with each other available information on relevant national legislation and current practice on export policy, procedures, documentation and on control over international brokering in small arms in order to use such an exchange to spread awareness of best practice in these areas. The participating States will exchange information of a general nature on their national stockpile management and security procedures. The FSC will consider developing a best practice guide designed to promote effective stockpile management and security The participating States agree to exchange information on their techniques and procedures for the destruction of small arms. The FSC will consider developing a best practice guide of techniques and procedures for the destruction of small arms. Status (completed, in progress or pending) 52 submissions submissions submissions submissions submissions (3 submissions on hold) 52 submissions 49 submissions 51 submissions In 2003 the Permanent Council of the OSCE took the Decision no. 571 on Further Dialogue and Co-operation with the Partners for Co-operation and Exploring the Scope for Wider Sharing of OSCE Norms, Principles and Commitments with others. The decision called to identify additional fields of co-operation and interaction with the OSCE Mediterranean and Asian Partners for Co-operation for the purpose of enhancing mutual security. It also encouraged Partners for Co-operation to voluntarily implement OSCE norms, principles and commitments, including as a means to further interaction with the OSCE. SALW related issues are considered important part of the OSCE outreach policy and the OSCE is open to cooperation and sharing experience with other regional organisations, including League of

13 12 Arab States, ASEAN/ARF, Organisation of the Islamic Conference, African Union and others. 5. MEASURES AT THE GLOBAL LEVEL 5.1 Ensuring effective implementation of arms embargoes (para II.32) The OSCE regularly provides updates on the relevant OSCE export control activities to the UN officials responsible for sanctions and arms embargoes implementation, including Security Council Committee established pursuant to resolution 1267 (1999) concerning Al- Qaida and the Taliban and associated individuals and entities. Furthermore relevant OSCE training workshops always include encouragement to follow UN arms embargoes, including those imposed against Al-Qaeda. 5.2 Dissemination of information (para. II.33) The OSCE, as a regional arrangement under Chapter VIII of the Charter of the United Nations, is dedicated to sharing SALW and Ammunition related information and documents produced within the OSCE with the United Nations. According to the FSC decisions the following documents were provided to the UN: OSCE SALW Document, Model Answer, OSCE Handbook of the Best Practice Guides and Standard Elements of End-User Certificates and Verification Procedures for SALW Exports. 5.3 Fight against terrorism (para. II.38) The OSCE (Anti Terrorism Unit) regularly assesses the status of the 12 universal antiterrorism conventions (UATI) and protocols in the OSCE area and circulates updates to participating States, informs about progress in Counter-Terrorism Network newsletters. Furthermore, in co-operation with the UNODC and the Office on Democratic Institutions and Human Rights (ODIHR), technical assistance can be provided to participating States, upon their request, which will enhance their capabilities to review existing legislation or draft new legislation necessary to ratify the 12 UATI. In partnership with the UNODC, the OSCE (ATU, ODIHR and field presences) organizes workshops on 12 UATI at national and subregional level. In the Bucharest Plan of Action for Combating Terrorism participating States pledged to become party to the 12 anti-terrorism conventions and protocols by 31 December 2002, if possible. By that time, 20 out of the 55 participating States (i.e. 36%) had become party to all 12 conventions and protocols. As of 11 May 2006, 43 participating States (i.e. 78%) were party to all 12. The 55 participating States and the 12 UATI form a ratification matrix numbering 660 items. Out of those, 613 are ratified, acceded to, etc. (93 %) and are 5 signed, leaving 42 neither ratified nor signed. After 11 September 2001 and the adoption of the Bucharest Plan of Action, 186 items were ratified et al, indicating a 28 % rise in ratification (from 65% to 93 %). In June 2005, an OSCE commitment was adopted for participating States to apply all efforts to sign the International Convention for the Suppression of Acts of Nuclear Terrorism on the date of its opening for signature last September. 46 participating States did so by signing the treaty during the Summit in New York on September 2005, and up to now 48 participating States signed this convention. 5.4 Brokering activities (para. II.39) The OSCE principles on the control of brokering in SALW (Decision 8/04) are considered to be a contribution to UN programme of Action implementation, including negotiating a global

14 13 instrument on brokering in the Group of Governmental Experts after the UN Review Conference. 5.5 Cooperation with civil society (para. II.40) The OSCE constantly encourages and fully supports its regional partner organisations and institutions, including NGOs to facilitate the appropriate co-operation of civil society in activities related to prevention, combat and eradication of the illicit trade in SALW. In OSCE participated in media-projects, awareness raising campaigns, weapons for goods exchange programmes and public destructions of SALW in South-Eastern Europe and Caucasus organised by its field operations or partner organisations (UNDP, SEESAC, Red Cross). 6. IMPLEMENTATION, INTERNATIONAL CO-OPERATION AND ASSISTANCE 6.1 Technical and financial assistance (para. III.3, para III.5) Reference OSCE Document on SALW, Section V (C), (D) Quotation regarding implementation measures Procedures for assessment and measures in response to requests by participating States for assistance. Status (completed, in progress or pending) Decision No. 15/02, Expert Advice on Implementation of Section V of the OSCE Document on SALW. FSC expert advice approved by Permanent Council Decision No. 535 (PC.DEC/535) As outlined above, Section V of the OSCE Document contains a menu of measures for SALW control as part of the OSCE activities on early warning, conflict prevention, crisis management and post-conflict rehabilitation. In order to make these measures operational, in 2002, the FSC provided the Permanent Council with expert advice on the implementation of Section V of the OSCE Document on SALW, which comprised a five-stage mechanism to facilitate requests for assistance from participating States. Following the submission of requests from Belarus, Tajikistan and Kazakhstan, the OSCE embarked on a new activity aimed at assisting with improvement of the security of SALW stockpiles and destruction of surpluses. These three requests have become a focus of activity for OSCE participating States that sent experts to evaluate the real situation, identify the scope of assistance required and develop project plans on that basis. In order to provide a non-exclusive framework of technical cooperation for the implementation of SALW and conventional ammunition projects the OSCE and the UNDP signed a Memorandum of Understanding on Joint Implementation of Projects on SALW and Conventional Ammunition in Response to the OSCE Participating States Requests (MOU) on June 2, According to the MOU the parties agreed to cooperate in the following areas of activities: assessment missions; project formulation; project resource mobilization; project implementation; project monitoring and reporting and policy development and outreach.

15 Conflict prevention (para. III.4) The PoA encourages States and regional organizations to consider assistance programmes aimed at conflict prevention. In fact, the OSCE has conducted pioneering work on conflict prevention for a number of years. The Budapest Summit in 1994 cast the OSCE as a primary instrument for early warning, conflict prevention and crisis management with a flexible and dynamic approach. New mechanisms, procedures and political instruments were established to facilitate this role. The emphasis shifted from mechanisms of early warning and prevention of inter-state conflict to increasing attention to the factors that generate conflicts within and between states. This shift also meant an attempt to respond more flexibly but also more effectively to conflict situations. To this end second generation instruments, such as the High Commissioner on National Minorities and the OSCE missions were created. The missions and field presences are new forms of international intervention into potential conflict situations. These missions facilitate political processes designed to prevent or settle conflicts and assist with postconflict rehabilitation. OSCE missions and field presences, which now number 18 in total, are the front line of the OSCE work. They give the Organization an active presence in countries that require assistance and are the vehicle through which political decisions are translated into action. Within the Secretariat, the CPC provides daily substantive support to the missions and field presences, and follow-up on the operational implementation of OSCE s decisions. The CPC also has a dedicated Operations Unit (OU) whose primary role is to serve as a planning cell for the launching of new missions or the enhancement of existing operations, and to identify potential crisis areas by providing early warning and analysis. Established after the 1999 Istanbul Summit in recognition of the need to be better able to respond to new crises, the unit has grown in the last few years to include analytical capabilities. Additional conflict prevention mechanisms at the OSCE s disposal include the Office for Democratic Institutions and Human Rights (ODIHR), the Representative on Freedom of the Media and the OSCE Parliamentary Assembly. These tools are complemented by various ad hoc mechanisms applied on as needed basis, including personal representatives of the Chairman-in-Office, fact-finding and rapporteur missions, steering groups, and so on. 6.3 Capacity building (para. III.6, para. III.8) The OSCE s primary contribution to capacity building on SALW control is the Handbook of Best Practices on SALW, completed in 2003 and backed-up by series of implementation seminars. The OSCE is also developing training programmes (workshops and seminars) at the sub-regional, regional and the OSCE level to help participating States to implement their SALW-related commitments. Since 2003 the OSCE has being seriously involved in capacity building projects on SALW stockpile management and security, destruction of SALW in the countries requested assistance (Belarus, Tajikistan, Kazakhstan) The OSCE Handbook of Best Practices The OSCE Document on Small Arms and Light Weapons creates considerable burdens in terms of implementation on the part of participating States. In order to address this difficulty, the FSC prepared a set of best practice guides on the various aspects of small arms control covered by the Document. The Handbook is a unique collective document of the OSCE States based on national practices in this area. It also takes account of all other existing international initiatives and experiences of other IOs relating to small arms. It was designed to provide a model, which could serve as a guide for national policy-making, and as a means

16 15 to encourage higher common standards of practice among all the 55 participating States. The Handbook contains a set of recommendations on the following topics: - Controls over manufacture. Identification of national legislation and procedures to ensure control over manufacture of small arms; - Marking and record-keeping. Establishment of standards and techniques for marking small arms, to ensure easier tracing, and presentation of various methods for tracing registered SALW; - Controls over export. Providing of recommendations for developing national export control systems of SALW, lists necessary elements for national legislation, and sets out guidelines for export policy; - Controls over brokering activities. National practices and regulations on brokering exist in very few States and vary from country to country. The chapter sets out both core elements, which are essential for effective and adequate regulations, and optional elements that might be considered by States for possible inclusion in their national legislation; - Stockpile management and security. Another chapter of the Handbook deals with stockpile management and procedures for ensuring proper physical security and effective management of stored small arms; - Definitions and indicators of a surplus. The Chapter helps to identify real needs for SALW in a particular country. Provides recommendations on indicators and methods for identifying surpluses of SALW; - Destruction techniques. The SALW Document identifies destruction as the preferred method for disposal of surplus SALW and of those collected during a post-conflict rehabilitation process or seized from illicit trafficking. The chapter considers various destruction methods taking into account cost, environment and other relevant factors; - Small arms measures as part of disarmament, demobilization and reintegration. The Chapter provides general standards for post-conflict rehabilitation. Includes essential steps that need to be planned and carried out in order to reach a sustainable peace in a war-torn society. The Handbook is now available in the six OSCE working languages as well as in Arabic. In response to a request by the League of Arab States to the OSCE, on behalf of the Organization, the translation into Arabic was provided by Germany in This was done in compliance with the FSC Decision No. 5/03, which encouraged participating States to make the Handbook available to all relevant national authorities for its implementation as appropriate, and tasked the CPC with ensuring the widest possible distribution of it. In spring 2006 in addition to the first edition of the Handbook the OSCE adopted Annex C to the Handbook of Best Practices on Small Arms and Light Weapons Concerning the National Procedures for Stockpile Management and Security of Man-Portable Air Defence Systems (MANPADS). The Annex became OSCE response to the recognized threats posed by unauthorized proliferation and use of man-portable air defence systems (MANPADS), especially to civil aviation, peacekeeping, crisis management and anti-terrorist operations, further enhancing effective export control of SALW in the OSCE area. It should be stressed that the Handbook does not constitute a binding commitment on the OSCE participating States, but is rather intended as a tool for States to be used in reviewing and refining their policy and practice on small arms control. The FSC Decision 5/03 on Best Practice Guides, which can be found in the Handbook, also identified the guides as a primary part of the contribution of the OSCE to the process in the UN on combating the illicit trade in SALW in all its aspects.

17 Training workshops in the OSCE area Capacity building has also been the focus of the OSCE s activities on SALW in the OSCE subregions South Eastern Europe, Caucasus, Central Asia. In , the OSCE organized a series of subregional and national trainings and workshops on various aspects of SALW problems: control and licensing of manufacture, export, import and transit of small arms; marking, record-keeping and tracing; secure and managed storage of small arms stockpiles; destruction of surplus weapons; and the removal of illegal weapons from society Nov 2001 SALW Training workshops in the OSCE area Date Title Place Country Beneficiaries Small Arms and Light Weapons (SALW): Ashgabad, Turkmenistan Combating Illicit Trafficking n Central TM Asia Nov Nov Dec Dec Feb May Dec Mar Oct May 2004 Small Arms and Light Weapons (SALW): Combating Illicit Trafficking n Central Asia Small Arms and Light Weapons (SALW): Combating Illicit Trafficking n Central Asia Small Arms and Light Weapons (SALW): Combating Illicit Trafficking n Central Asia Small Arms and Light Weapons (SALW): Combating Illicit Trafficking n Central Asia OSCE Workshop on SALW Combating Illicit Trafficking n Central Asia: Regional Follow-up Meeting Termez-Hayraton Cross Border Training Programme Combating Illicit Small Arms Trafficking UN OSCE Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects in South Eastern Europe Follow-Up Cross Border Training Programme On Combating Small Arms Trafficking Regional Workshop On The Handbook Of Best Practices On Small Arms And Light Weapons Tashkent, UZ Dushanbe, TJ Bishkek, KG Almaty, KZ Vienna, AT Almaty, KZ Termez- Hayraton, UZ Brdo, SI Termez- Hayraton, UZ Ashgabad, TM Uzbekistan Tajikistan Kyrgyz Republic Kazakhstan All OSCE ps Kazakhstan, Kyrgyz Republic, Tajikistan, Uzbekistan, Turkmenistan Uzbekistan Serbia and Montenegro, B&H, Croatia, FYROM, Albania, Bulgaria, Romania, Slovenia, Moldova Uzbekistan, Afghanistan Kazakhstan, Kyrgyz Republic, Tajikistan, Uzbekistan,

18 Jul Apr Jun Mar Jun 2006 July 2006 The regional workshop on the Handbook of Best Practise Guides on Small Arms and Light Weapons SALW and Ammunition Physical Stockpile Security and Management Training Workshop on Destruction Techniques and Stockpiles Security of SALW and Conventional Ammunition Regional Workshop on Control of Brokering in Small Arms and Light Weapons in South East Europe and the Caucasus Seminar on SALW and Ammunition Stockpile Management and Security SALW and CA Physical Security Stockpile Executive Management Skopje, FYROM Dushanbe, TJ Almaty, KZ Zagreb, HR Bishkek, KG Dushanbe, TJ Turkmenistan Albania, Bosnia and Herzegovina, Bulgaria, Croatia, the Former Yugoslav Republic of Macedonia, Moldova, Romania and Serbia and Montenegro Tajikistan Kazakhstan Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Bulgaria, Croatia, Georgia, Greece, fyrom, Moldova, Romania, Serbia and Montenegro, Slovenia, Turkey Kyrgyzstan Tajikistan OSCE projects on stockpile security and management Belarus requested assistance with 16 SALW storage sites under Section V of the OSCE SALW Document. Their request was followed by a period of careful assessment and the development of projects totalling EUR 3.1 million. The projects are based on the standards elaborated in the OSCE Handbook of Best Practices. Having attracted sufficient donations to initiate the first phase of project implementation, work should commence soon with UNDP managing the projects. The OSCE SALW and Conventional Programme for Tajikistan launched in 2005 also seriously address the issue of stockpile security and management within the law-enforcement structures in the aftermath of the internal armed conflict (see also para 6.7.2). 6.4 Exchange of experience in training of police and customs officers (para.iii.7) As outlined above, the OSCE Document encourages participating States to collaborate in tracing illegal SALW. Section III(E) also encourages States to facilitate regional, subregional and national training programmes and joint training exercises for law enforcement, customs and other appropriate officials in the SALW field.

19 18 These activities were carried out by several specialized units within the Secretariat (CPC/OU/Borders, FSU, SPMU, ATU, and ATAU), other OSCE Institutions (ODIHR) as well as by a number of OSCE field operations. An overview of recently implemented activities is detailed below Capacity building - The first border-control training project embedded within a broader training course on all aspects of border management run by the UN Office for Drugs and Crime was implemented for the Termez Hayraton checkpoint on the border between Uzbekistan and Afghanistan in The UN-led project was supplemented by a two-week training event organized by the CPC the OSCE conducted its own follow-up programme: Combating illicit trafficking of SALW through border management assistance, for both Uzbek and Afghan officials. In 2004, this training programme was extended to three more checkpoints along the Uzbek-Kyrgyz and Uzbek-Tajik borders, namely Khorezm, Samarkand and Fergana. A high-level training segment was also conducted in Tashkent; - A two-year OSCE South-Eastern Europe Cross-border Co-operation Program (OSCCP) consisted of 10 regional seminars and promoted conclusion and implementation of cross-border cooperation agreements between the Border Police Services of the in the South-Eastern Europe countries; - Two regional seminars were conducted in South-Eastern Europe within the framework of Consortium of CARDS (Community Assistance for Reconstruction, Development and Stabilization) framework in the area of cross border cooperation on the operational level; - Providing professional training was provided to border guards in Armenia, Kyrgyzstan, Turkmenistan and Uzbekistan on the issues of document security, risk analysis, intercepting trafficking in drugs/human beings/weapons, English language, computer skills and inter-agency cooperation; - Providing sponsorship of a one-year training program was provided to Azerbaijani border guards at the Polish Border Guard Academy; - Facilitation of joint border cooperation meetings on the improvement of border cooperation between representatives of the border guard services from Albania, Serbia and Montenegro, and Kosovo/Serbia and Montenegro were facilitated; - Training Assistance Program was introduced at the Georgian Border Guard Service. - Organization of specialized training seminars on combating human trafficking and trans-national organized crime in Serbia and Montenegro were organized Institutional and technical support - Contribution to the Government of Georgia in its reform of the curriculum of the Georgian Border Guard Service; - Promotion of an inter-agency cooperation between border guards, customs and law enforcement agencies in Uzbekistan; - Support to the informal Working Group on the development of the OSCE Border Security and Management Concept; - Aassistance to Croatia, Serbia and Montenegro, the Former Yugoslav Republic of Macedonia and Ukraine in the transition process from military to civilian border lawenforcement agency Provision of specialized border equipment - Assistance and support for the development of radio communications network and electric power solutions to the Albanian Border Police Directorate;