INTER-AMERICAN CONVENTION AGAINSTOEA/Ser.L/XXII.2.2

THE ILLICIT MANUFACTURING OF ANDCIFTA/CC-II/doc.9/01

TRAFFICKING IN FIREARMS, AMMUNITION,[KFC1]11 May 2001

EXPLOSIVES, AND OTHER RELATEDMATERIALSOriginal: Spanish

Consultative Committee[KFC2]

Second Regular Meeting[KFC3]

May 17 and 18, 2001

Washington, D.C.

REPORT OF THE SECRETARY PRO TEMPORE

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REPORT OF THE SECRETARY PRO TEMPORE

I have the honor to report to the Consultative Committee[KFC4], established in the framework of the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials[KFC5], on the work conducted by the Secretariat pro tempore, currently run by Mexico, during the period from March 2000 to May 2001.

The Consultative Committee held its first regular meeting at OAS headquarters on March 10 and 11, 2000. On that occasion, the Committee adopted its internal rules of procedure[KFC6]; approved its work program[KFC7]; agreed to send to the member states of the OAS the questionnaire prepared by the General Secretariat on ratification and implementation of the Convention; and decided that the Secretariat pro tempore would engage in the necessary consultations to set a date for the Second Meeting of States Parties, to be held in accordance with the replies to the questionnaire received. Mexico was elected Secretariat pro tempore of the Consultative Committee for the period 2000-2001.

Ten States Parties to the Convention participated in the first meeting, and 12 States Parties are participating in this second meeting. I am pleased to welcome the representatives of Costa Rica and Paraguay. Certainly, this is another sign of the commitment that States in the region have made to fight illicit trafficking in firearms, ammunition, explosives, and other related materials.

I am convinced that universal adoption of the Convention and its implementation are the best possible contribution that countries in the Hemisphere can make to international efforts under way in the framework of the United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in all its Aspects[KFC8], to be held in New York from July 9 to 20, 2001 and to the program of action that will emanate from that Conference.

Proceedings

As indicated above, at the First Regular Meeting of the Committee, the States Parties to the Convention approved the 2000-2001 work program, contained in document CIFTA/CC/doc.2/00 rev.1. In the program, the Consultative Committee instructed the Secretariat pro tempore to execute a series of tasks, which were conducted with the support of the OAS General Secretariat.

Some of the assigned tasks that were executed are as follows: first, two directories were prepared: 1) a directory of national bodies or single points of contact[KFC9], as provided for in Article XIV of the Convention, to promote cooperation and information sharing among States Parties; and 2) a directory of central authorities[KFC10], as provided for in Article XVII of the Convention, to facilitate mutual legal assistance.

Second, an inventory of measures adopted by the States Parties to apply the Convention was prepared, based on the questionnaire prepared by the OAS General Secretariat. Those activities were conducted based on the replies to the questionnaire on ratification and implementation of the Convention. The purpose of the questionnaire was to obtain information not only from countries that have signed and ratified the Convention, but also from all the countries in the Hemisphere, with a view to promoting and facilitating greater cooperation and increased exchanges of information and experience in this field. To date, replies have been received from 13 countries in the region: Belize, Bolivia, Brazil, Canada, Chile, Ecuador, El Salvador, Guyana, Mexico, Panama, Peru, Trinidad and Tobago, and Venezuela.

It is very important for states that have not already done so to identify their national bodies or single points of contact and their central authorities. The directories are useful tools for identifying counterparts and facilitating information sharing and international cooperation.

Third, the General Secretariat prepared an inventory of measures already adopted by the States Parties to apply the Convention and identified measures to promote training and the exchange of knowledge and experience among those states. The General Secretariat will present in greater detail those documents, which are attached to this report.

Fourth, measures were identified to facilitate information exchanges, bearing in mind that the State Parties in question may require them to remain confidential. For example, private meetings of the Consultative Committee could be held.

Measures to facilitate information exchanges

Regarding the identification of measures to facilitate information exchanges, the Secretariat pro tempore has made available to the States Parties the document containing the proposals presented for its consideration.

The measures identified include the following: first, the holding of confidential meetings of the Consultative Committee, at the express request of a State Party, to share sensitive information that, in the opinion of that State, should be brought to the attention of the other States Parties. In general, those exchanges will deal with potential routes and methods employed and criminal organizations involved in illicit trafficking in firearms, ammunition, explosives, and other related materials, always mindful of the provisions of Article XII of the Convention on “Confidentiality[KFC11].”

Second, the establishment of a Virtual Private Network (VPN) among the national bodies and single points of contact of the States Parties, to facilitate communication, cooperation, and information sharing among those States, bearing in mind the provisions of the Convention, in particular Article XII [KFC12]on “Confidentiality.” The OAS has launched similar projects in delicate areas such as confidence-building measures, under the aegis of the Committee on Hemispheric Security. That experience could be useful for the purposes of the Consultative Committee.

Third, the establishment of a virtual library, granting the national bodies and single points of contact of the States Parties access to relevant information related to the Convention, as well as to the national laws and administrative procedures of the States Parties and information produced in other international forums.

Fourth, the identification and compilation of information on training activities in the States Parties, other signatory countries, relevant international organizations, and other institutions that could contribute to the exchange of knowledge and experience among the States Parties to the Convention and to technical assistance among them.

Fifth, promotion of the exchange of relevant scientific and technological information “useful to law enforcement, so as to enhance one another's ability to prevent, detect, and investigate the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials[KFC13],” as provided for in Article XIII on “Exchange of Information[KFC14].”

Sixth, facilitating negotiation of bilateral agreements for the exchange of information on specific cases involving two States Parties to investigate, prosecute, and try, as appropriate, persons who commit offenses related to the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials.

Furthermore, the identification of resources must be promoted, to support the implementation of these measures, which seek to promote confidence and international cooperation among the States Parties. The measures identified are initial suggestions that should be duly evaluated in terms of the actual potential for their application.

Participation in international meetings

Finally, the Secretariat pro tempore participated in two international meetings:

During the thirtieth regular session of the OAS General Assembly held in June 2000 in Windsor, Canada, the States Parties to and signatories of the Convention promoted the adoption of resolution AG/RES. 1750 (XXX-O/00), “Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials[KFC15],” presented by Mexico in its capacity of Secretariat pro tempore.

That resolution underscored “[t]he significance of the fact that the Convention has been taken as a model for negotiation of a protocol to combat the illicit manufacturing of and trafficking in firearms, their parts and components, and ammunition in the context of the negotiation of a convention against organized transnational crime under the auspices of the United Nations[KFC16],” as well as the importance of the Convention’s earliest possible entry into force in each of the member states of the Organization of American States[KFC17].

Through that resolution, the General Assembly resolved to: 1) urgeall member states that have not already done so to sign and ratify the Convention, as appropriate[KFC18]; 2) note with satisfaction the work program (CIFTA/CC/doc.2/00 rev. 1) adopted by the Consultative Committee at its first regular meeting, and to express its support for the work of the Secretary pro tempore[KFC19]; 3) request the General Secretariat to continue to provide, within the resources allocated in the program-budget and other resources, the administrative and secretariat support required by the Consultative Committee for the performance of its functions and to take the necessary steps to that end, in accordance with resolution AG/RES. 1645 (XXIX-O/99) and the agreement reached in that regard among the members of the Consultative Committee[KFC20]; and 4) requestthe Secretary General to present a report to the General Assembly, at its thirty-first regular session, on the status of signatures and ratifications of the Convention[KFC21].

At the next regular session of the OAS General Assembly, to be held in San José, Costa Rica, from June 2 to 5, the States Parties to the Convention will cosponsor a draft resolution on the topic, which is expected to be supported by all the States in the region. Through that draft resolution, the General Assembly would reiterate its support for our efforts.

The Secretariat pro tempore also participated in the Regional Preparatory Meeting of the Latin American and CaribbeanStates for the 2001 United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in all its Aspects[KFC22], held in Brasilia from November 22 to 24, 2000. The objective of that meeting was to seek a common approach to contributing, from a regional perspective, to the work of the Conference. Representatives of 24 Latin American and Caribbean countries participated in the meeting together with the U.N. Under-Secretary-General for Disarmament Affairs[KFC23], Jayantha Dhanapala, the Chair of the Preparatory Committee for the 2001 Conference, Ambassador Carlos dos Santos of Mozambique, and other observer institutions involved in the issue, such as the Inter-American Drug Abuse Control Commission (CICAD).

During the meeting, Mexico, as Secretariat pro tempore, reported on the progress made in applying and implementing the Convention, highlighting its entry into force and the establishment of the Consultative Committee, as well as the holding of its first regular meeting.

The participating states acknowledged the pioneering efforts that led to the timely, comprehensive negotiation of the Convention under the aegis of the OAS. They also reaffirmed their commitment to actively participate in negotiating the Protocol against the manufacturing of and illicit trafficking in firearms, their parts and components, and ammunition, with a view to concluding the protocol so as to strengthen international cooperation in this sphere. This Additional Protocol to the UN Convention against Transnational Organized Crime[KFC24] served as the foundation for the drafting of the Inter-American Convention. The draft Protocol was approved on March 2, 2001, by consensus at the United Nations in Vienna.

The meeting produced a document entitled the “Declaration of Brasilia,” which demonstrates the broad consensus in our region on the matter, which at the appropriate time could translate into adequate coordination of the countries in the Hemisphere in the work conducted under the auspices of the United Nations. At the request of Brazil, the declaration was distributed as an official OAS document.

In this context, pursuant to the Consultative Committee’s work program, the Secretariat pro tempore will attend the United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in all its Aspects[KFC25], to be held in New York from July 9 to 20, 2001.

The Secretariat pro tempore bore witness to the clear resolve of the governments in the region to focus their efforts on the matter in the Consultative Committee, as well as in the regular meetings of the OAS Committee on Hemispheric Security, when the topic was considered. The Committee’s work should help promote active participation in this effort by all states in the region.

The Secretariat pro tempore has duly complied with the mandate issued. This is a sign of the responsiveness and political resolve of our countries to make every necessary effort to prevent, fight, and eradicate the manufacturing of and illicit trafficking in firearms, ammunition, explosives, and other related materials. It is now up to all the State Parties to apply this international commitment. To that end, we hope that the countries that have not already done so will deposit their instruments of ratification and, if appropriate, reply to the questionnaire.

Finally, I would like to express my appreciation to the Secretary General of the OAS and his team for their efficient support for the work conducted by the Secretariat pro tempore.

Ambassador Miguel Ruiz Cabañas

Permanent Representative of Mexico to the OAS

and Secretary pro tempore

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ANNEX

AIDE-MÉMOIRE

The origin of the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials [KFC26] (CIFTA) lies in the Tenth Summit of the Rio Group in 1996. The Convention was negotiated in the framework of the Organization of American States (OAS) and opened for signature on November 14, 1997, during the twenty-seventh[KFC27] regular session of the General Assembly.

The Convention entered into force on July 1, 1998. At present, it has been signed by 32 member states of the OAS and ratified by 12[KFC28]: Bahamas, Belize, Bolivia, Brazil, Costa Rica, Ecuador, El Salvador, Mexico, Nicaragua, Panama, Paraguay, and Peru.

This pioneering legal instrument attracted the interest of the international community and served as a model for negotiating the U.N. Convention against Transnational Organized Crime Additional Protocol against the manufacturing of and illicit trafficking in firearms, their parts and components, and ammunition[KFC29].

Article IX “Export, Import, and Transit Licenses or Authorizations[KFC30]” of the Convention stipulates that “States Parties shall establish or maintain an effective system of export, import, and international transit licenses or authorizations for transfers of firearms, ammunition, explosives, and other related materials[KFC31]” and “...shall not permit the transit of firearms, ammunition, explosives, and other related materials until the receiving State Party issues the corresponding license or authorization[KFC32].”

Furthermore, Article IV “Legislative Measures[KFC33]” of the Convention stipulates that “States Parties that have not yet done so shall adopt the necessary legislative or other measures to establish as criminal offenses under their domestic law the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials[KFC34].”

Pursuant to Article XX “Establishment and Functions of the Consultative Committee[KFC35]” and Article XXI “Structure and Meetings of the Consultative Committee[KFC36],” following the deposit of the 10th instrument of ratification of this Convention,[KFC37]the Consultative Committee was installed and held its first regular meeting on March 9 and 10, 2000.

The Consultative Committee is composed of one representative from each State Party. Its purpose is, inter alia, to promote measures to achieve the objectives of the Convention and facilitate its application, by promoting the exchange of information and training and encouraging cooperation among national liaison authorities[KFC38]. Pursuant to Article XXI.2 of the Convention, the Consultative Committee shall hold a regular meeting at OAS headquarters, if no other offer of a site has been made[KFC39].

At its first regular meeting, the Consultative Committee adopted its internal rules of procedure; approved its work program; agreed to send to the member states of the OAS the questionnaire prepared by the General Secretariat on ratification and implementation of the Convention; decided that the Secretariat pro tempore was to engage in the necessary consultations to set a date for the Second Meeting of the States Parties, which will be held in accordance with the replies received to the questionnaire; and elected Mexico to serve as Secretariat pro tempore of the Consultative Committee for 2000-2001.

Article 7 of the Committee’s rules of procedure stipulates that the Committee shall hold one regular meeting each year and shall hold special meetings as necessary. At the first meeting, the Consultative Committee decided that the Secretariat pro tempore was to engage in the necessary consultations to set a date for the Second Meeting, which will be held in accordance with the replies to the questionnaire prepared by the General Secretariat. At present, replies have been received from 13 countries: Belize, Bolivia, Brazil, Canada, Chile, Ecuador, El Salvador, Guyana, Mexico, Panama, Peru, Trinidad and Tobago, and Venezuela.

Finally, Article XXVIII of the Convention provides for the holding of a Conference of States Parties[KFC40], to be held in 2004 to examine the functioning of the Convention[KFC41].

To that end, the Government of Mexico, serving as Secretariat pro tempore of the Consultative Committee, has convened the Second Regular Meeting of the Consultative Committee for May 17 and 18, 2001, at OAS headquarters.

As was the case at the first meeting of the Consultative Committee, we hope that the following will participate in the second meeting: the States Parties, the signatory countries, other member states and permanent observer countries of the OAS, and specialized institutions, invited as special guests.

At the meeting, the Consultative Committee will consider the report of the activities of the Secretariat pro tempore for 2000-2001 and the report of the Secretary General on the status of signatures and ratifications of the Convention; elect a country as Secretariat pro tempore of the Consultative Committee for 2001-2002; evaluate the replies received to the Questionnaire on Ratification and Implementation of the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials[KFC42]; and approve the 2001-2002 work program, among other business.