GUNS, SMALL ARMS AND THE ARMS TRADE

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WATCHING BRIEF GUNS, SMALL ARMS AND THE ARMS TRADE PART A: GUNS AND SMALL ARMS The Challenges Tragic incidents involving the use of guns to inflict serious violence in communities such as Norway have reminded us of the ever-present danger arising from the proliferation of guns and other small arms. In a recent press article published by The Canberra Times on 2 August from the British newspaper The Independent, A. C. Grayling said: In response to recurring massacres in American high schools and British villages, in response to footage from Africa and Afghanistan showing ragged, untrained young men brandishing automatic small arms, in response to a man coolly murdering dozens of youngsters in a long, funfair-like shooting spree on a Norwegian island, where is the outrage at the fact that the world is awash with small arms, that people are making money legally and without blemish to their reputations out of the manufacture and sale of instruments purposely designed to kill? He went on to insist that the sale and manufacture of guns should be seen as a human rights abuse and should be illegal except for properly controlled government agencies. In the Australian context, States and Territories have responsibility for gun laws, although the Commonwealth has sought to create uniform standards as far as possible. Before a firearm can be purchased, a person must obtain a licence for legitimate use pest control, hunting, target shooting, and collecting. Self-defence is not a basis for getting a licence, and some weapons

(eg semi-automatic firearms) are restricted to government agencies. It is estimated that the number of illegal guns in Australia is between 400,000 and 700,000, compared to 2,675,785 licenced firearms. There is, according to police, a "black market" in illegal firearms. The Australian Institute of Criminology's research shows that most gun-related homicides involve weapons from the "black market". The Australian Crime Commission estimates that the weapons held by crime syndicates are largely supplied through corrupt firearms dealers, criminal gangs and backyard manufacturers. In addition, many farmers failed to register their guns after the Port Arthur massacre in 1996. The Australian scene is not as violent as in some other parts of the world. However there is still a significant presence of guns in our communities, and regrettable incidents have led to deaths and injuries. In a number of areas there are groups that lobby for greater access to guns. For example, the NSW Shooters Party, which is represented in the Legislative Council, asserts the right of any law-abiding citizen to own and use firearms, especially for selfdefence and for recreational hunting and fishing. What Quakers Are Doing In the USA, the Friends Committee on National Legislation (FCNL) has joined with many other faith groups in a campaign to prevent gun violence. In a public statement made to members of Congress in January 2011, the group said that Gun violence is taking a huge toll in our society and the easy accessibility of large capacity ammunition magazines causes more people to be killed or injured.. We should not allow this firepower in our society We look forward to working with you to enact common-sense measures to reduce gun violence. The American Friends Service Committee (AFSC) has taken a direct role in working with gangs in New York to reduce the use and availability of guns. In response to a message of sympathy from Australian Friends following the terrible gun massacre near Oslo in July, the Clerk of Norway Yearly Meeting, Unni Sorsveen, expressed gratitude for the messages of support from Friends around the world, and wrote that we have not experienced such a catastrophe before and still try to take in the reality of what has happened.

Australian Quakers can check their own state legislation about legislation and policies, and be alert for opportunities to express the importance of nonviolent approaches and the dangers of slipping into a gun culture. PART B: ARMS TRADE TREATY A Program of Action was agreed by the United Nations in 2001 to prevent, combat and eradicate the illicit trade in small arms and light weapons in all its aspects. In 2006 a Review Conference was held to consider progress, and the results were disappointing, according to a report by the Quaker United Nations Office (QUNO) which had put much effort into the issue. There was no formal agreement reached at the conference, nor any follow-on processes put in place. However the material presented at the conference did show considerable progress by governments in taking steps to reduce the human impacts of small arms violence, especially in relation to guidelines on the transfer of small arms and action on how to meet the needs of survivors. Despite the lack of progress towards a binding agreement on small arms transfers, work has continued on the proposal for an arms trade treaty (ATT). In July 2011 the third UN Preparatory Committee meeting on the creation of a legally binding international ATT took place in New York. The full conference will be held in 2012. In a report on the PrepCom, the UN Non-Government Liaison Service (NGLS) noted the following points: Some delegations are pushing for a robust treaty that is comprehensive and rigorous and which can make a difference in the incidence of armed violence, development, human rights and international peace and security. Others are seeking a more "self-implementable" ATT focussing on the need for official approval of small arms transfers. Many NGOs argued for a robust ATT which would stop the illicit trade of arms that fuels conflict; whereas some (like the National Rifle Association of

USA) emphasised the importance of the right to bear arms and the need to exclude civilian and sporting firearms from the treaty. Attention was drawn to the view that women and gender were being ignored in the process towards the ATT, although gender-based violence did receive a specific reference in the preamble of the draft paper released by the chair of the conference. Civil society groups spoke of the central place of women as victims and survivors of violence, and expressed the view that women must be a key part of the negotiations and the solutions. Australia s Role In support of the United Nations Program of Action, the Australian Government hosted a regional meeting for Pacific Island countries and Timor Leste in 2009. The meeting involved government delegates, the Pacific Islands Forum, civil society representatives, and UN officials. Australia was a co-author of the 2006 UN General Assembly Resolution (UNGA) 61/89 "Towards an Arms Trade Treaty" which established a Group of Government Experts to examine the parameters of a Treaty. Australia was represented on the Group, and also participated in its successor an Open- Ended Working Group established in 2008 (UNGA Resolution 63/240). In 2009 Australia co-authored the UNGA First Committee Resolution which was overwhelmingly supported, and which converted the Open-Ended meetings into PrepComs for a Conference in 2012 on the Treaty. The Wider Context The proposal for an Arms Trade Treaty can be seen as part of the wider concern internationally to prevent armed violence. The Geneva Declaration, made in 2006 by representatives of 42 countries from all the world's regions, affirmed the importance of strengthening efforts to integrate armed violence reduction and conflict prevention programs into national, regional and multilateral development frameworks, institutions and strategies, as well as into humanitarian assistance, emergency, and crisis management initiatives. The practical measures identified included:

Promote conflict prevention, resolution and reconciliation, and support postconflict peace-building and reconstruction. Stem the proliferation, illegal trafficking and misuse of small arms and light weapons and ammunition, to create effective weapons reduction, arms control and disarmament. Uphold full respect for human rights, promote the peaceful settlement of conflicts based on justice and the rule of law, and address a climate of impunity. Focus on specific risk factors and groups and link arms reduction efforts to providing nonviolent alternatives for individuals and communities. The Declaration set 2015 as a date to achieve significant reductions in the burden of armed violence in the world. Consistent with the Declaration, on behalf of Amnesty International, Brian Wood and Alberto Estevez wrote in Disarmament Times (November 2010) that an international arms trade treaty must be based on the highest possible standards, to prevent irresponsible transfers that are used for grossly harmful and illegal purposes, including serious violations of international human rights law. QPLC will seek further details about Australia's role in the UN processes towards an Arms Trade Treaty, and keep Friends informed. Canberra August 2011