East African Legislative Assembly, Arusha, October 1st 2019: In a bid to mop out illegal Small Arms and Light Weapons (SALW) in the EAC region, the East African Legislative Assembly (EALA) is emphatic that Partner States should as a matter of necessity, ratify, domesticate and operationalize the Nairobi Protocol and the Arms Trade Treaty. Failure to do so, creates a lacuna and opens up avenues for the weapons to get in to the wrong hands including that of terrorist networks.
The Assembly is further calling for a regional legislative framework to address the problem of proliferation of small arms. Today, the Assembly adopted the report of the Committee on Regional Affairs and Conflict Resolutions ond the Oversight Activity on the Proliferation of Small Arms and Light Weapons in the EAC region. The oversight activity was carried out in the region on August 25-28th, 2019, in collaboration with the International Committee on the Red Cross (ICRC).
The report presented to the House yesterday by the Chair of the RACR, Hon Victor Burikukiye, further urges the Assembly to recommend to the EAC Council of Ministers as a matter of priority, to ensure the process of marking and registering the firearms and light weapons is prioritized to enhance the fight against transboundary crime.
“Integrated, holistic and comprehensive long-term civilian approaches towards disarmament is also necessary”, Hon Burikukiye said. “These should be complemented by socio-economic inputs and confidence-building measures between the public and security officers. In addition, the approaches should be of regional nature and should address the alternative livelihoods and demobilize the mind”, Hon Burukikiye told an attentive House.
According to Hon Burikukiye, there are a number of challenges that implementation of the Nairobi Protocol on small arms is facing and such include the lack of human and financial resources in many Member States. The Chair informed the House that the Regional Centre on Small Arms (RECSA) was dependent on foreign donors and this presented a major challenge of implementation of the protocol at the national level. The Committee Chair said many Member States to the Nairobi Protocol were yet to make the amends to their legislation to adopt new firearms legislation as outlined in the Nairobi Protocol, despite making promises to do so. “Lack of awareness and other regulations that deal with brokerage, manufacture, seizure and confiscation also need to be addressed”, he said.
On the progress made by States, the Chair indicated that the EAC Partner States have shown willingness to address SALW menace at regional and national levels. “The EAC has a SALW programme and there is a collective approach in action against the proliferation. At the same time EAC States are among the 36 countries across the globe that have signed the Arms Trade Treaty (ATT) that entered in to force in December 2014, but none of them has ratified the same so far”, a section of the Committee report states.
The EAC also has a Peace and Security architecture. All EAC Partner States have ratified the said protocol, even though it (protocol) does not indicate the (which) institution(s) to implement it. The institution is meant to give it a strategic direction and guidance of matters of peace and security, Hon Burikukiye said.
The EALA Committee is closely collaborating with the RECSA and ICRC, both organizations that ensure protection of lives and dignity of armed conflicts and other situations.
The ICRC endeavors to prevent suffering by promoting and strengthening International Humanitarian Law (IHL) and Universal principles. ICRC advocates for the ratification and the implementation of the Arms Trade Treaty that establishes common international standards for regulating the international trade in conventional arms and seeks to stop irresponsible transfers of arms. It also constitutes a complementary instrument that contributes to sustainable peace, security and development in the region.
At debate time today, Hon Jean Marie Barimuyabo remarked that 59% of firearms were illegally owned by civilians, a worrying trend he noted should be reversed. “Some of the illegal firearms are found as a result of trading in the same. We should be able to trace some of them and know the origins through the marking systems and Council of Ministers should consider the appropriate strategies”, he said.
Hon Kasamba Mathias said it was vital for ratification of protocols that contain arms proliferation as well as all others that strengthen integration to be done so. If possible, let us consider strengthening provision for the EAC Standby Brigade, he said adding that it was paramount to have the defence, intelligence and military personnel empowered to make rapid response where intervention was vital. “We need also modalities of having voluntary and compulsory disarmament in the Partner States”, he remarked.
Hon Amb Fatuma Ndangiza said 7.8 Million firearms were in the arms of civilians posing great threats to the region. We cannot have sustainable development and transformation of region when we still have challenges of small arms and light weapons proliferation. “There is clearly the issue of arms and supplies and gun-culture among others whose trend should be reversed”, the legislator said.
Hon Dr Woda Jeremiah lauded the Committee for the oversight activity and report and said implementation of the protocols and treaties was necessary. “It is worrying that more weapons are circulating inside and outside of the region. We must have a collective approach in our strategies to mop out the illegal firearms”, Hon Dr Jeremiah said.
Hon Josephine Lemoyan said United Republic of Tanzania was a signatory of the SALW protocols and said a number of actions were in place. The country is also involving civil society on capacity building initiatives on dangers on SALW. The legislator lamented that individuals continued to settle political or business differences through illegal arms and called for remedial measures in containing the illegal arms.
Hon Fatuma Ibrahim said the volume of arms in the hands of civilians was a worrying trend terming it unacceptable and a threat to livelihoods and progress to continent.
Hon Rutazana Francine, Hon Mary Mugyenyi, Hon Dr Oburu Oginga, Hon Rose Akol and Hon Dr Francois Xavier Kalinda supported the report. Others were Hon Fancy Haji, Hon Jean Marie Muhirwa, Hon Eng Mohammed Mnyaa, Hon George Odongo, Hon Alex Bahati.
The Chair of the EAC Council of Ministers, Hon Amb Olivier Nduhungirehe assured the House of the support in ensuring the proliferation of small arms and light weapons are contained. He stated that proliferation of SALW continued to fuel criminality of various degrees and that the same were used by genocidal forces and terrorist organisations posing a threat to the peace and safety of the EAC region.
“All commitments have undertaken to fight the terrorist and criminal groups and the Council of Ministers will address the challenges through the relevant sectoral Councils and have all protocols completed for signatures and ratified”, the Chair of Council said.
NOTE TO EDITORS ABOUT THE NAIROBI PROTOCOL
The Nairobi Protocol
The Nairobi Protocol for the Prevention, Control and Reduction of Small Arms and Light Weapons in the Great Lakes Region and the Horn of Africa and bordering States was signed in April 2004 and entered into force in 2006.
The Protocol is one of the most comprehensive legally-binding regional agreement on Small Arms and Light Weapons. Involving the East African Community, it was modelled on the following:
The UN Agreement on the illicit Trade in Small Arms and light weapons in all its aspects, which was signed in July 2001;
The Bamako declaration on the Common African Position on the illicit proliferation, circulation and trafficking of small arms and light weapons, which was signed in December 2000;
The SADC Protocol on control of firearm, ammunitions and other related materials which was signed in 2000;
The ECOWAS convention on small arms and light weapons, their ammunition and other related materials which was signed in June 2006 and;
The Kinshasa Convention and the Central African convention for the control of SALW, their ammunition and all parts and components that can be used for their manufacture, repair and assembly which was signed in 2010.
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Bobi Odiko, Senior Public Relations Officer, East African Legislative Assembly. Tel: +255-27-2508240 Fax: +255-27-2503103, Cell: +255-787-870945 +254-733-718036 Email: BOdiko@eachq.org, Web: https://www.eala.org
