ECOWAS adopts Convention on Small Arms

The Economic Community of West African States (ECOWAS) has adopted a landmark binding Convention to reduce armed violence in the sub-region.

The ECOWAS Convention on Small Arms, Light Weapons, their ammunition and other associated material was signed by Heads of State and Government on 14 June 2006 in Abuja (Nigeria). This completes the eagerly-awaited transformation of the 1998 ECOWAS Moratorium on Light Weapons into a legally-binding instrument.

IANSA spoke to Dr Sola Ogunbanwo, lead international consultant on the Convention, about the significance of this event for West Africa and the rest of the world.

IANSA: What are the differences between the Moratorium and the Convention? Why is the Convention so important?

Dr Ogunbanwo: The Moratorium was a voluntary measure adopted by the ECOWAS Heads of State and Government in 1998. It was the first - and so far only - regional moratorium on the importing, exporting and manufacturing of small arms, and as such was an important first step to addressing the crisis at a regional level. In 2002, the ECOWAS Executive Secretary commissioned an evaluation of the Moratorium, which produced a number of recommendations that were submitted to the Heads of State in 2003. One recommendation was to transform the Moratorium into a binding Convention, and this was approved by the Heads of State.

Because the Moratorium was voluntary, it had little or no monitoring mechanism - no 'teeth'. The new Convention has a monitoring and implementation mechanism.

The Moratorium was never intended to be permanent. It had to be renewed every three years. The new Convention is intended to be a permanent commitment to reducing the armed violence that has plagued West Africa.

IANSA: How will the Convention help reduce armed violence?

Dr Ogunbanwo: Some of the key highlights are:

• A ban on international small arms transfers except those for legitimate self-defence and security needs, or for peace support operations. Exemption requests are submitted to the ECOWAS Executive Secretary by Member States, and there are elaborate and stringent procedures prescribed for determining whether a transfer shall or shall not be authorised.
• A ban on transfers of small arms to non-state actors not authorised by the importing Member State. Armed groups have contributed to destabilising West Africa, and this ban reflects the particular concerns of the region. This provision of the Convention is unique, and not found in any other international agreement on preventing armed violence.
• Regulation of artisan (or local) arms manufacturers. Again, local gun manufacture is one of the specific problems in the region, and the Convention requires Member States to create an inventory of the arms made by these local manufacturers. In essence, it allows this often murky business but brings the local manufacturers within the law.
• Procedures for sharing information. The Convention requires Members States to establish national databases or registries of all small arms in their jurisdiction. This will help identify the sources of any diversion from authorised to unauthorised gun users, and so help prevent future diversion.
• Encourages dialogue between the region and arms suppliers. There is very little small arms manufacturing capacity in West Africa, and so the majority of weapons in circulation have been supplied by other countries.
• Regulation of small arms possession. The Convention provides a stringent regulatory scheme for anyone wishing to possess small arms. This involves a licensing and registration scheme.
• Management and security of stockpiles. Many small arms in West Africa are stored in government military stockpiles. The Convention requires Member States to ensure the security and proper management of these stockpiles, to prevent diversion to unauthorised users.

IANSA: How will the Convention be enforced?

Dr Ogunbanwo: Responsibility for monitoring the implementation of the Convention rests with the ECOWAS Executive Secretary. He has been tasked with developing a Plan of Action to implement the Convention's many provisions, and will submit this to the Member States for adoption.

The Convention authorises the creation of a group of independent experts who will assist the Executive Secretary in monitoring implementation of the Convention. If a Member State is found to be in violation of its obligations, the Convention has provision for imposing sanctions. This was not the case under the previous Moratorium.

Although signed, the Convention is not yet binding. It needs to be ratified by 9 of the 15 Member States in order to enter into force. Ratification is one of the urgent next steps for the ECOWAS Member States.

IANSA: The world's governments will be meeting between 26 June and 7 July at the UN in New York (US), for the UN Small Arms Review Conference. This is the most important global forum for preventing gun violence since 2001. How does the ECOWAS Convention relate to this conference?

Dr Ogunbanwo: Signing the Convention at this point is very timely. West African states now have a clear 'common position' for the Review Conference, signed by their Heads of State. This is a very powerful mandate! Since small arms cross borders, eradicating the illicit trade in small arms requires strong and effective international cooperation and commitment. ECOWAS Heads of State and Government have recognised this in the Convention, and the text of the Convention should provide a reference point for West African delegates at this important global conference.

More information

• Oxfam International: West African arms transfers controls will be toughest in the world (June 2006)
• IRIN news: Guns Out of Control: the continuing threat of small arms (May 2006)
• MENAANSA: Middle East: Perceptions about Guns and Community Security - Gaza, West Bank, Lebanon, Sudan (May 2006)