How can small arms and light weapons be controlled and how can this contribute to peacebuilding?

Realists such as Kenneth Waltz in international relations claim we live in an anarchic world, a world with no common government or police, giving each state the responsibility to take necessary measures for self-defense. It is often believed that if a state desires to be free and maintain its sovereignty, it must have the means to defend itself, protect its borderlines and its citizens against any internal and/or external threat. Yet, security is about the preservation of the existence of life and human security is inclusive of the need to protect fundamental human rights, which has at its basic threats; killings, executions, genocides etc. Thus, security is about protecting and respecting rather “ensuring security” by the means of arms. In the world that we live in today, it has become clear that as complex security encounters appear around the world, old ones persevere and post-conflict scenarios still struggle to achieve security and attain sustainable peace. This presents serious implications in achieving sustainable development, in preserving and respecting human rights and building lasting peace.

Intensifying and extending violent conflict is one the most common effects of Small Arms and Light Weapons (SALW), which are most of the times the preferred choice of weaponry, because these are more accessible, highly portable and deadly. However, the presence of SALW is not necessarily the source of conflict, but it does contribute to the level of violence. Similarly, easy access to weapons; fuels insecurity, looms stability, peacebuilding efforts and development. The United Nations Office for Disarmament Affairs (UNODA) describes that the “illicit flows of small arms and light weapons undermine security and the rule of law. They are often a factor behind the forced displacement of civilians and massive human rights violations”1. Also, peacebuilding activities can both provision or endanger efforts to place Small Arms and Light Weapons under greater control. For this, the purpose of this essay is to analyze how SALW contributes to violence and how peacebuilding activities jeopardize efforts to control SALW and how these can be strengthened in a way that can minimize collateral damage while contributing to lasting peacebuilding.

II. SALW and Arms Control Treaties

Small Arms and Light Weapons beyond their principal role as weapons of fear, coercion and war, have many other uses. Therefore, the effects of their proliferation are quite extensive, yet for the purpose of this essay such effects will be divided onto two sets. The first set relates to armed conflict and insecurity, including both; direct costs (death and injuries of civilians) and indirect costs (post-conflict insecurity, communal violence etc.). The second set relates to development and governance issues, (lack of transparency, corruption etc.). Simultaneously, it is important to consider the time and money invested by all relevant and involved actors, which often have little impact in conflict-affected environments because efforts are undermined by violence and insecurity. The misuse of SALW, is one of the factors that causes insecure conditions, and therefore undermines development. At the same time, lack of development and the incapacity of the state to provide security to its people is the main factor causing people to have weapons. Hence, it is key in this situation to analyze the roots of conflict in order to strengthen security provision processes through different means, such as; security sector reforms while addressing key actors and the international focus on SALW.

The most important players in SALW proliferation efforts are the governing bodies, because governments are the ones that work to address the economic, social, environmental and security challenges of each nation. However, there are plenty of international organizations such as the United Nations and Non-Governmental Organizations that forefront efforts to help government to respond to new developments and concerns. International cooperation is also a key factor in arms control, because it affluences processes in agreements, regulations and prevents illicit transfer of small arms and light weapons, as well as the availability of weapons and its tolerable uses. Concurrently, international cooperation can become a key aspect in reducing the frequency of war by eliminating threats, preventing arms races and reducing the possibility of a security dilemma, while building trust and promoting peaceful resolutions of conflict. For this reason, arms control and SALW proliferation efforts have gained increased universal attention. Although it is clear that small arms and light weapons do not cause conflicts, yet there is an association with the aggravation of conflicts and the increased risks for civilian populations, as they facilitate the targeting of civilians during conflict, especially for vulnerable groups. (KRAUSE 4) The UN Secretary-General noted; "While a build-up of small arms alone may not create the conflicts in which they are used, their excessive accumulation and universal availability tends to aggravate conflicts by increasing the lethality and duration of violence and by increasing the sense of insecurity which leads to a greater demand for weapons." (UN COUncil) In post-conflict scenarios, the importance of arms control increases exponentially, after a cease fire, small arms proliferation can contribute to violent crime, instability and banditry.2 (OECD.org)

III. Statutory agenda in SALW proliferation

Policy tools, agreements and regulations are methods to prevent or mitigate conflict and build peace, not the absence of war type of “peace”, but real sustainable peace. Each tool, agreement or regulation vary in the aspects of each conflict, and operate differently based on the critical situation through the means of diplomacy or military engagement which is often used as a last resort. They function in accordance to each conflict’s source and manifestation in order to address the effectiveness and efficiency to achieve the expected results.3(toolbox responding) Agreements and treaties are nonetheless diplomatic efforts that include international regulations and cooperation, which often include numerous parties, that is the case of the Arms Trade Treaty (ATT).

As already mentioned, the main factor of insecurity is the misuse of SALW. “The irresponsible and poorly regulated trade in arms fuels conflict, poverty and human rights abuses.” 4(the parliamentarians guide to ATT) Each state has the right to self-defense, but along with the right there are responsibilities that exist to limit the misuse of weapons that can contribute to the local and international insecurity. The Arms Trade Treaty (ATT) is a tool guided by the Charter of United Nations seeking to establish regulations and agreements between states, to promote and maintain the international peace and security with “the least diversion for armaments” 5(ATT). It underlines the need to prevent the illicit trade of SALW as well as their diversion to the illicit market, for unauthorized end use and end users, which would include, guerrillas and terrorists’ acts. It also establishes common international standards for regulating the international arms trade, but its most important purpose is to reduce human suffering that can be caused by the illicit trade and misuse of SALW. However, the ATT has been developed in a way, that reaffirms the sovereignty right of any state to regulate and control conventional arms within its territory, and to respect for the legitimate interest of states to acquire conventional arms to exercise their right to self-defense and for peacekeeping operations. 6 (ATT)

The ATT as a multilateral effort and universal approach based upon collective security combined with a set of ethics (freedom, equality and transparency) that ensures that all nations must fulfill the treaty’s obligations, and reaffirm the indispensable role of the United Nations and its primary responsibility for maintaining peace. However, the implementation presents many challenges, and the most significant one is that it binds only signatory states, the rest do not have the responsibility to comply under the treaty. Among this very significant issue, there are many others that can only be address unilaterally. Those such as; trusting other states to abide by the agreement, the verification and ensuring compliance, cheating agreements – please refer to the example below – and the fact that weapons cannot be wholly banned or controlled.

Examples;

- The UK has been known to be selling arms to Saudi Arabia, and Saudi Araba is known to have bombed numerous times civilians targets in Yemen, (Sally Copley Head of Global Policy and Campaigns, Oxfam) which is a violation of the treaty’s article 7 “If the export is not prohibited under Article 6, each exporting State Party, prior to authorization of the export of conventional arms covered under Article 2 (1) or of items covered under Article 3 or Article 4, under its jurisdiction and pursuant to its national control system, shall, in an objective and non-discriminatory manner, taking into account relevant factors, including information provided by the importing State in accordance with Article 8 (1), assess the potential that the conventional arms or items…(a) would contribute to or undermine peace and security; (b)could be used to commit or facilitate a serious violation of international humanitarian law.”7 (ATT)

- North Korea, signed the Nuclear Non-proliferation Treaty (NPT) similar to the ATT, on 1985. However, in 2002, former president Bush claims that North Korea along with Iran and Iraq, are seeking weapons of mass destruction in violation of the agreement. Furthermore, North Korea withdraws from the NPT and now has become an international concern. 8() This example illustrates the difficulty to trust a state which has hidden intentions, this becomes a challenge for verification and ensuring compliance.

If signatory states of the ATT act the same way North Korea acted while complying under the NPT, it would be almost impossible to ensure control to SALW, and as a consequence achieving lasting, collective peace.

IV. SALW control, reduction and peacebuilding

In order to identify different areas in which SALW reduction and control can contribute to peacebuilding, it is important to review models and challenges relevant to conflict and conflict resolution, as well as concepts relevant to post-war peacebuilding and reconstruction. The primary concern, is the interrelationship between efforts to control small arms and light weapons and promote peace in countries emerging from conflict as well as to take preemptive measures. For this, it is crucial to understand while analyzing in depth the correlation of SALW control and peacebuilding, especially in post-conflict scenarios.

The presence of SALW in post-conflict scenarios makes it more problematic to negotiate peace agreements between parties, (most of the times insurgents and the governing body). In such scenario, the priority is to address short-term security concerns in order to protect civilians. For that it would be necessary to disarm insurgent groups and create confidence-building measures. The issue with confidence-building measures is that trust is an essential prerequisite and this is an ongoing process, built on intentions. If well implemented it can become an effective tool for preparing and developing negotiations and peace, at a low-cost and low-risk manner. In the long-term, arms control can contribute to peacebuilding if combatants are successfully reintegrated to society. Also, ensuring that institutions responsible for the protection and security of civilians are fully functioning, accountable and transparent, in that way there will also be less demand for SALW. For this, it is important the government successfully implements Disarmament, Demobilization and Reintegration (DDR) programs. "DDR programs that meet both the needs and requirements of ex-combatants and of the broader community can make a contribution to limiting the proliferation and misuse of small arms and light weapons in post-conflict situations." (Krause 8)

Another important issue to take into consideration, is the importance of SALW reduction in post-conflict scenarios where there is or has been a political transformation. In an insecure environment, it is difficult to envision any kind of political reconciliation, especially when politicians and their allies may use small arms to intimidate opponents and voters or for self-protection. This poses a threat to the democratic process, as voters, especially women and those from marginalized groups are afraid to express their opinions or vote freely. (TARA)

V. Achieving Peace

Women and Gender in peacebuilding

The role of women and gender in peace and security are crucial in terms of peacebuilding. Increasing participation of women as well as men and the youth in such acts and their participation in civil society as well as judicial law, can play an important role in peacebuilding and development. Women are known to be targets of certain types of violence including SALW, particularly in domestic violence. However, it is known, for example, that while firearm casualties among women and children are significant both in conflict situations and in peace, the vast majority of victims of gun violence are men (Gartner, 2000) A gender analysis would become very useful to draws attention to the people, it also raises questions about who distributes, who owns, who uses, and who is killed and wounded by small arms.

Such analysis would emphasize human rights aspects of small arms proliferation and use, and the information gained can be used to fuel SALW control efforts. Working in communities to reduce the use of SALW, can be challenging, because people in communities are divided into different groups. Each of these groups have different necessities, some might actually be carrying weapons for self-defense, in the absence of vital institutions, such as the police. Communities should not be treated as homogenous. It is important to understand how communities are constructed and how different groups, including women and men, perceive their situations. (OECD)

Increase participation at the national level

By increasing the participation in law enforcement, both civilians and the government will have a significant role in peacebuilding. One of the biggest issues in many countries is the lack of control at the borders, such is the case of many countries in Latin America, where armed groups and guerrillas such as the FARC or ELN engage in illegal arms trafficking, as well as money laundering, drug trafficking and even human trafficking. This issue is counter-developmental, and by increasing participation, security at the borders would increase. According to the 2005 Human Development Report: “Insecurity linked to armed conflict remains one of the greatest obstacles to human development. It is both a cause and a consequence of mass poverty”. States abide to strengthen the national arms control legislation when they signed the Arms Trade Treaty, but each state should reinforce national laws in terms of procedures of the manufacture, selling, registering and transferring of SALW, as well as securing borders.

Many times, the illicit small arms market flourishes due to a combination of underdevelopment, insecurity, inequality and ineffective governance, all this factor can reciprocate efforts made to control arms. This issue becomes a vicious circle, in which arms cannot be controlled and security cannot be achieved and peace cannot be built. Before, taking any measure to destroy arms, reinforce prohibitions and treaties, it is quite important to address first the roots of conflict, once this issue is address then security programs may become useful and the illicit market of SALW will suffer the consequences. This is typically a long term and multi-dimensional process.

By increasing the participation of civil society in policy making, the civil society ensures its place in any decision-making process and ensures the evaluation of content, quality and effectiveness of the existing engagement mechanisms. At the same time, it is crucial for government to identify current policies that might increase the prospects of achieving arms control. For example, by formulating better defense policies, because defense might reduce damage, it might decrease the probability of war but it might increase the prospects of achieving arms control. For this it would also be helpful to have the international system provide support to countries with bigger internal and external threats.

International level

The international community also plays a key role in peacebuilding, not only because they are the main actors in international agreements but also in regulating transfers and controls of illicit weaponry. At the international level, less powerful countries should receive more support, because generally speaking, those are the ones involved in illicit transfers. Also because, the major producers of arms are the most powerful and influential countries, such as; the United States, United Kingdom and Russia. Small Arms Survey puts the dollar value of the illicit small arms trade at US$1 billion, or 10-20% of the global trade. The clandestine nature of this trade makes it impossible to control arms and develop peacebuilding. (Global enterprise) In Africa, the illicit trade in small arms is counter-developmental on many levels. On one hand, very limited countries in Africa have the capacity to manufacture weapons. The leading country in arms manufacturing would be South Africa, therefore South Africa should support other countries such as Sierra Leon for example. “Small arms are seized or stolen from government forces, looted from state armories, purchased from corrupt soldiers and stolen from private owners. Similarly, peacekeepers are occasionally relieved of (or voluntarily part with) their small arms, which often end up in rebel arsenals.” THE SMALL ARMS SURVEY estimates that small arms have resulted in hundreds of thousands of deaths and millions of injuries each year. They are further responsible for 60 to 90% of total conflict deaths.

Example: The ambush of Guinean peacekeepers in January 2000, for example, netted Sierra Leonean rebels more than 550 weapons, including assault rifles, machine guns, rocket-propelled grenades and two tons of ammunition.

Countering the lack of political will

Implementing these agreements in a sustainable manner, requires significant and political will as well as a significant amount of time and resources. Therefore, if there is no political will within the state it is most likely to counteraction any arms control policy. Some of the times, it is not the unwillingness, but it is the incapacity by the government to build security, also known as the Security Sector Reform (SSR) which is often a central policy concern and often mentioned when speaking about peacebuilding efforts. The Security Sector Reform is important in areas of crime prevention and post-conflict demilitarization. The issue with the Security Sector Reform is that is not always fully implemented, and many of the times the government requires support to incorporate post-conflict policies and programs. In these situations, the United Nations and international actors are required to provide the necessary support to the government in a peace-building operation, which is under articles fifteenth and sixteenth stood by the ATT.

Promotion of a culture of peace

Last but not least, the promotion of a culture of peace is crucial in achieving peace, as the motto of the University for Peace states, “If you want peace, prepare for peace.” The responsibility for implementation lies primarily within the government, yet if the government does not provide the means for the people to feel safe, while promoting a culture of peace, then the society will repeatedly turn to SALW for their self-protection.

The biggest concern in regards to the culture of peace and SALW, is the human rights implications. Barbara Frey states that “hundreds of thousands of men, women and children are killed or injured each year by small arms and light weapons. The estimated number of firearms in circulation in the world is 640 million.” Also according to a study by the Global Study on Homicide carried out by the United Nations Office on Drugs and Crime (UNODC) There are a number of factor that intervene in the process of killings, such as the availability of weapons. In the 36 countries of the Americas 66% of the homicides are carried out by SALW, whereas in Europe is 13%, in Asia 28% and in Africa countries 54%, while in the 192 countries in the world the rate of homicides by SALW is 41%. “While human rights can be violated with or without weapons… the technological developments in the field, small arms are growing more lethal and easier to operate even for unsophisticated and untrained users.” (unidir) If arms control treaties were implemented successfully, the rates of homicides worldwide would reduce exponentially, as well as the violations of human rights, but control treaties were implemented while promoting a culture of peace then we would really see the difference.

Conclusion

In the world that we live in, with emerging conflicts and emerging threats, each state has the right to self-defense, not only right, but it is their responsibility to ensure national security. It is argued whether or not Small Arms and Light Weapons controls can contribute to peace. It is clear now, that the possession of such weapons is not the main cause of conflict, but it does contribute to the level of violence and the amount of casualties. But beyond implementing arms control treaties, in order to build lasting peace, it is important to take unilateral and simultaneously multilateral measures. Unilateral measures because the government will always play a key role in the development of a nation, but also based on their intentions it will ease the efforts at the international system, by increasing trust particularly in times of conflict and hostilities. If a government willingly and voluntarily disarms, then it would automatically reduce tensions and fears. At the same time, the government should ensure security to its own people, by implementing and straightening policies to help the people feel safe without the need of SALW.

At the international level, multilateral efforts are necessary, there should be more support of powerful countries, there should be tougher resolutions and procedures especially in regards to those non-signatories. Overall, arms control can be used as a tool for peacebuilding, the interrelation is clear, but without these previously mentioned efforts, lasting peace and development would become very challenging.