"Problems of small arms and light weapons in the ECOWAS region" Regional Review Conference on the Geneva Declaration on Armed Violence and Development Nairobi, Kenya | 26-27 November 2014

1. 1
ECONOMIC COMMUNITY OF WEST
AFRICAN STATES (ECOWAS)
Directorate for Peacekeeping and Regional Security
Abuja – Nigeria

2. 2
PROBLEMS OF SMALL ARMS AND LIGHT WEAPONS IN
THE ECOWAS REGION
Presentation at the Geneva Declaration Regional Review
Conference in Nairobi, 26 – 27 November 2014

3. 3
Overview of Presentation
• Introduction
• Problems of SALW
• ECOWAS spectrum of interventions
• Highlights of the Convention
• Towards Implementation of the
Convention and soon the ATT
• Elements of the Priority Activities Plan
• Conclusion

4. 4
Introduction
• The Economic Community Of West African
States (ECOWAS) is one of the Regional
Economic Communities (RECs) that make up
the Africa Union
• Its members include Benin, Burkina Faso,
Cape Verde, Cote d’Ivoire, Gambia, Ghana,
Guinea, Guinea Bissau, Liberia, Mali, Niger,
Nigeria, Senegal, Sierra Leone and Togo

5. 5
Introduction cont
• As one of the pillars of the AU, ECOWAS works within
the frame of the Africa Peace and Security
Architecture (APSA)
• APSA is focused on Conflict Prevention, Management
and Resolution side by side with promotion of Good
Governance to secure Peace and Security
• By extension elements of The Geneva Declaration
especially Goal 16

6. 6
Introduction cont
• ECOWAS aims at integration of the peoples of the
for development
• Identifies proliferation of SALW as a challenge in
this process and so
• ECOWAS has adopted a holistic approach based on
the ‘security first’ paradigm and the promotion of a
‘culture of peace’ which seeks to enthrone peace
and security as sine qua non for Development in the
region

7. 7
Problems of SALW
Political Level
Illicit Proliferation, Crisis, Conflicts, Human Security,
Transfer, Manufacture, Transparency, Corruption,
Policy/Legislative Frameworks, Funding
Technical/Operational
• Capacity for Border control/Management, Stockpile
Management/Armouries, Diversion, Marking
• In-sufficient Information, Knowledge sharing and
knowledge application

8. 8
ECOWAS Spectrum of Responses
• ECOWAS responds to these problems and their causes at the
political level through a number of political decisions and at the
technical level with strategies and interventions: e.g
• Protocol Relating to The Mechanism for Conflict Prevention,
Management, Resolution, Peacekeeping and Security of Dec
1999
The first of its 6 principles says ‘that economic and social
development and the security of peoples and States are inextricably
linked’
Articles 50 and 51 provides the legal basis for control of SALW
• The Supplementary Protocol on Democracy and Good
Governance in Dec 2001

9. 9
ECOWAS Responses on SALW
• 1998 Moratorium on Small Arms and Its Code of Conduct:
Demonstration of strong political will
• 1999 Decision on the Establishment of NatComs
• ECOSAP now with a Pilot Arms for Development Project funded
by the EU
• Adoption of the ECOWAS Convention on SALW on the 14th June
2006 ( which entered into force on the 29th September 2009)
• Adoption of a Plan of Action for the Implementation of the
Convention and a Five Year Priority Activities Plan in March 2011
• Active participation in ATT negotiations, ratification by 6 MS

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Highlights of the Convention
Preamble
It refers to some fundamental principles, notably the
right of legitimate defence, the principle of non-intervention
in internal affairs of another State, and
prohibition to recourse to the threat or use of force in
relation with States.
It recalls relevant legally-binding instruments of
ECOWAS, in particular, the ECOWAS Protocol
relating to the Conflict Prevention, Managment and
Resolution, Peace-keeping and Security

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Preamble (sequel) :
In this section, Member States express
concerns related to the consequences of SALW
proliferation as a threat to:
– Stability of Member States
– Human Rights and International Humanitarian Law
– Human Security
– Efforts for reconciliation and peace
They also reaffirm their determination to build on
the gains of the Moratorium and to reinforce the
capacity of the ECOWAS Commission to combat illicit
SALW.

12. 12
Highlights of the Convention cont
Chapter I – Definitions and Objectives
Allow a common understanding of the Convention
based on existing accepted definitions at the
global level.
Set the following objectives:
- Prevent and combat excessive accumulation of
SALW
- Perpetuate the fight for the control of SALW within
ECOWAS
- Consolidate the gains of the Moratorium

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Highlights cont
Chapter II : Transfer of SALW
Article 3 establishes basic principles on SALW
transfers:
1. Member States shall ban the transfer of SALW and their
manufacturing materials into and from/through their nationals
borders
2. Member States shall ban, without exception, transfers of
SALW to Non-State Actors that are not authorised by the
importing State.
3. SALW, as defined in this Convention, shall not be
deemed to be goods for the purpose of Article 45 of ECOWAS
Revised Treaty of 1993.

14. 14
• Highlights cont
• Chapter II : Transfer of SALW (sequel)
• Art.4 sets the conditions for an exemption to the principle of prohibition
of SALW transfer:
• 1. Legitimate Defense and Security needs
• 2. Participation in Peace Support Operations
• Art.5 describes the procedure for a request of an exemption
• Art.6 clearly states the case for denial of exemption
• The aim of Art.4, 5 and 6:
• 1. permit Member States, in particular conditions to
request for exemption to the principle of prohibition
– 2. provide the ECOWAS Commission with relevant
elements to analyse the request for exemption
– 3. specify procedures that should be followed by
Member States.

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Highlights cont
Chapter III : Manufacture
Articles 7 and 8 establish the principle of strict control of
SALW manufacture by:
1. regulating activities of local manufacturers
2. establishing an obligation to transmit information on
industrial manufacturing, where it exists
3. subjecting the activity of manufacturing SALW to
the provision of key information to the ECOWAS
Commission

16. 16
Highlights cont
Chapter IV : Transparency and Exchange
of Information
The Convention establishes means and tools to promote
transparency and confidence among Member States by:
1. Setting up arms registers and databases: national
(Art 9), subregional (Art 10) and peace operations
(Art 11) registers
2. Establishing dialogue with manufacturers &
suppliers (Art 12)
3. Combating corruption (Art 13)

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Chapter V : Operational Mechanisms
This Chapter sets up activities to be conducted for an
effective fight against the proliferation of SALW:
1. Control of civilian Possession (Art.14)
2. Visitors’ Certificates (Art.15)
3. Management and security of stockpiles (Art.16)
4. Collection and destruction programmes (Art.17)
5. Marking and Tracing (Art.18 et 19)
6. Regulation of brokering (Art.20)
7. Harmonisation of legislative procedures(Art.21)
8. Strenghtening of border controls (Art.22)
9. Public education and awarness programmes (Art.23)

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Chapter VI : Institutional and
Implementation
Arrangements
Institutionalisation of certains actors and mechanisms for the
implementation and evaluation of the Convention.
1. Member States (Art.24)
Effective National Commissions
National Action Plans
2. ECOWAS Commission (Art.25)
Support and supervision of the implementation of the
Convention
Development of the Plan of Action for the implementation of
the Convention
3. Establishment of a Group of Independent Experts to support
the ECOWAS Commission in Monitoring and Evaluating the
Convention ( Art.28)

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Chapter VII : General and Final
Provisions
This places emphasis on:
1. Principle of sanctions if a Member State violates
provisions of this Convention, by bringing the case to
the ECOWAS Court of Justice (in application of the
Art. 77 of hte ECOWAS revised Treaty that foresees
community sanctions)
2. Entering into force on the date of the deposit of the
9th instrument of ratification

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Towards Implementation of the Convention
Ecowas Commission facilitated
• Development of a strategy
(sensitisation/advocacy, policy and legal
frames, capacity building, partnerships
development, monitoring and evaluation;
identifies actors and roles for the
implementation of the ECOWAS Convention
on SALW
• Development of Five Year Priority Activities
Plan: A “road map” for the implementation of
the ECOWAS Convention on SALW

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Elements of the Priority Activities Plan for
Implementation of the Convention
• Build or Strengthen Capacity of National
Commissions – Small Arms Division - CSOs
• Manage & Monitor the Exemption Procedure
• Develop and Harmonize Legal and
Regulatory Frameworks
• Effectively Manage and Secure Stockpile
• Border Control

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Elements of the priority activities plan cont
• Conduct Sensitization and Public Awareness
Activities
• Control Local Manufacture of SALW
• Establish and Manage National SALW Databases
and Registers
• Establish and Manage a Regional SALW
Database and a Database for Peace Support
Operations
• Build Partnership and Mobilize Resources
• Monitor & Evaluate the Implementation

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Conclusion
• Ab initio, the ECOWAS Commission identified the
illicit proliferation of SALW as a challenge to peace
and security and then to development
• It has therefore put decisions, strategy and structure
in place to halt and reverse the problems through a
holistic approach by resolving the causes of illicit
proliferation and mitigating its impact
• Participation at this summit is sign of ECOWAS
commitment to remain engaged with stakeholders on
elements of Goal 16

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Conclusion
ECOWAS Commission and MS have enjoyed
great working relationship with partners
from CSO, such as WAANSA, donors such
as the UNDP, CIDA, Japan, Switzerland,
EU and bilaterally with its MS e.g GIZ,
Small Arms Survey

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THANK YOU FOR YOUR
ATTENTION